"This month saw another deadly U.S. military strike on a civilian vessel, suspected of drug trafficking, in international waters. As these strikes have escalated, questions have only increased around their lawfulness. At the same time, President Donald Trump last week accused Democratic lawmakers of "treason" for producing a viral video noting that members of the military must remain vigilant in the face of potentially unlawful orders from the commander in chief."
"Military law establishes a strong presumption that military orders are lawful and must be obeyed. We do not counsel any military member to disobey any order they may be given. Our purpose is simply to provide all readers insight into the laws and procedures associated with military orders and the challenges involved in identifying, questioning, and disobeying orders that are unlawful."
"The following 'Dear Joe' email exchange is a hypothetical email colloquy between an expert in military law and a fictional service member seeking advice on how to deal with the current situation. The content is based on publicly reported facts, the Manual for Courts-Martial, the Uniform Code of Military Justice, and the authors' opinions. From: Joseph_Shipdriver@navy.milSent: Sunday, November 16, 2025 2:25 PMTo: oldnavyjag_1979@verizon.comSubject: Need some advice"
A U.S. military strike killed civilians on a vessel suspected of drug trafficking in international waters, prompting increased questions about lawfulness. President Donald Trump accused Democratic lawmakers of "treason" for producing a viral video urging military vigilance against potentially unlawful orders, and the Pentagon opened an investigation into Sen. Mark Kelly over the video. Credentials of senior military legal figures are invoked to explain how service members can respond to allegedly unlawful orders. A hypothetical 'Dear Joe' email frames guidance based on the Manual for Courts-Martial and the Uniform Code of Military Justice. Military law presumes orders are lawful, but procedures exist to identify, question, and refuse unlawful orders.
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