Why the “Orders Project†is troubling
by Charlie Dunlap, J.D. · 26 October 2020
Recently the media (see here and here) reported on a move by several civilian attorneys and former judge advocates to offer what they describe as “second opinions†to “military and National Guard members who worry they may be given unlawful orders if deployed during protests or disputes over next month’s elections.†I find this effort, called the “Orders Projectâ€, troubling as it might be misunderstood by military members. So let’s unpack it a bit.
The law of military orders
I’ve written about the law of military orders before “Have Presidents ever given the military illegal orders? Yes; the surprising list…and more about the law of military orders†and “The Danger of Tampering with America’s Nuclear Command and Control System.†In this post I’ll take some text from those essays to reiterate a few key points, and I’ll highlight some additional concerns relevant to the Orders Project.
https://sites.duke.edu/lawfire/2020/10/26/why-the-orders-project-is-troubling/
