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In reply to the discussion: Bradley Manning’s Defense Moves to Temporarily Suspend Court Martial - FDL [View all]WillyT
(72,631 posts)11. I Disagree...
First of all:
Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be "willful" under this article).
In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
Seems like pretty good motivation to obey any order you're given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.
"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.
In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
Seems like pretty good motivation to obey any order you're given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.
"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.
Link: http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders.htm
Secondly... Bradley Manning disclosed the MURDER of Journalists and Iraqi Civilians by the Armed Forces of the United States of America.
If it weren't for Bradley Manning, we would never have known the CRIME that was committed in all of our names.
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Bradley Manning’s Defense Moves to Temporarily Suspend Court Martial - FDL [View all]
WillyT
Jun 2012
OP
Let me guess. The various agencies will use the "National Security" defense to hide the files.
Tierra_y_Libertad
Jun 2012
#1
He can't get a proper defense without the evidence being fully presented. Go for it, attorneys!
freshwest
Jun 2012
#2
That May Or May Not Be True... Yet If There Is To Be ANY Defense At All For The Defendant...
WillyT
Jun 2012
#7
Without meaning to offend our DU military familes, I don't trust the higher ups in the military...
freshwest
Jun 2012
#8
Are You Aware That This "Secure" "Top Secret Site" Had The Passwords To Classified Info...
WillyT
Jun 2012
#13
Well... Now We Know That You Are No Liberal... We Also Know You Are No Progressive... Question Is...
WillyT
Jun 2012
#20
Ellsberg was also branded a traitor but not by any Democrat or liberal or lefty that I knew.
Luminous Animal
Jun 2012
#32
Military Justice: "Lead the guilty man in for a fair trial and sentencing."
Tierra_y_Libertad
Jun 2012
#15
Manning is a whistle blower who committed the horrible crime of embarrassing his betters.
Tierra_y_Libertad
Jun 2012
#14