Both Article 90 of the UCMJ, the charge of willfully disobeying a superior commissioned officer, and Article 92, failure to obey an order, say that they apply only to lawful orders.
the Insurrection Act to allow him to use troops for his domestic agenda.
The law was first passed in 1792 and largely cemented in 1871. It offers broad, sweeping and, critics say, ill-defined powers to the president.
Because FBI is an Executive Branch bureau, and because the Supreme Court reserves the right to intersede later only if asked it it wasn't an official act on an ad-hoc basis, and there is no longer a Senate filibuster, and because the US does not consider it to be within the jurisdiction of the ICC, and no external treaties are binding, and because the president can pardon themselves if they are charged in federal court while in office, what is and is not a lawful order.
Executive War Time powers have historically included the right to force persons into internment camps, tribunals that bypass due process rights to public trial by jury, denial of habeas corpus rights (which disadvantage persons serving lawfully abroad in uniform and as contractors), warrantless mass surveillance that jeopardizes the safety of protected assets, warrantless drone strikes abroad, and foreign invasion without due process at great cost to the taxpayer and the service members.
Other parliamentary systems can sack their Prime Minister at any time.
Both Article 90 of the UCMJ, the charge of willfully disobeying a superior commissioned officer, and Article 92, failure to obey an order, say that they apply only to lawful orders.
the Insurrection Act to allow him to use troops for his domestic agenda. The law was first passed in 1792 and largely cemented in 1871. It offers broad, sweeping and, critics say, ill-defined powers to the president.
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