I’m not violating article 88. Our friend claiming the high ground as an officer has done it frequently here and presumably more frequently in less public forums.Cool. Just wanted to see how deep you wanted to dive into your Article 88 rabbit hole.
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I’m not violating article 88. Our friend claiming the high ground as an officer has done it frequently here and presumably more frequently in less public forums.Cool. Just wanted to see how deep you wanted to dive into your Article 88 rabbit hole.
Cool. Just make sure you’re watching the 2016 updates to the ucmj article 2(a)(3) while you tread your line. I’m sure you’ll be fine.I’m not violating article 88.
None of your business, friend.
However a reservist should wait until the day after drilling or orders to point out that our commander in chief is an addled demented moron who enriched himself through his crackhead son’s ongoing criminal enterprise.
Wait, is that even contempt or just uncomfortable facts?
Holy shit! Well, let me break it down for you. Can't believe I'm having to so this for an O-6 CO, but here we go. According to the UCMJ, any order you give is presumed to be lawful unless and until a judge decides otherwise, and one disobeys it "at their peril". So you ordering someone to take their Trump bumper sticker off their car is entirely lawful until and unless a judge says otherwise. Likewise for any other order you give, no matter how obviously it restricts a constitutional right. Generally, orders can even restrict constitutional rights, there just must be a military necessity for the order.How are any of these examples lawful orders? You appear to be struggling with exactly what that means.
You're right, I am confused about the point you made earlier. Because when I said the same damn thing you are right now (that one can disobey orders but they will face consequences), you accused me of pretending to do this officer thing. Glad to hear we agree and that you were just being an asshole for the fun of it.Again, you seem confused about the point I made earlier. I can certainly conceive of a lawful order that I would refuse, but that doesn't alter my legal obligation to follow it, and failure to do so will come with an assortment of consequences. Whether that order was legal, ethical and moral will be determined at my court-martial. Likewise, I cannot simply "resign" and opt out of those consequences.
This seems to be proof you're either just trolling or completely out of touch with reality. You quoted the number of people current unvaccinated in NAE, then I referenced the number of currently unvaccinated in the military as a whole, and you say it's bizarre I even post that link and my thinking is in disarray? For using the same metric you used, which is the best metric we currently have?Those are the number of people not yet vaccinated, not the number of people who have said they'll refuse. It's bizarre that you would even post that link. Your thinking on this entire matter is in disarray.
Indeed. There is an entire section in the MCM that covers lawfulness or orders. I recommend you read it… all of it.Holy shit!
No, I quoted the number of people who have declared that they will refuse. Are you even reading what I post here? You have repeatedly misinterpreted, misconstrued, or just failed to comprehend basic information.You quoted the number of people current unvaccinated in NAE,
No no, an officer must strictly obey all lawful orders or they aren’t fit to wear the uniform. We were just told that.That is your opinion, as is “orange man bad”. Whether either one constitutes contempt towards officials under article 88 is a legal matter. Strictly interpreted as you have done, I doubt there are many of us who would be completely without culpability. That said, the threshold for legal action under UCMJ seems to be higher than posting opinions on an Internet forum, at least to the level we typically see here at AW.
So how are the examples I gave not lawful orders, exactly? Very curious what I'm missing.Indeed. There is an entire section in the MCM that covers lawfulness or orders. I recommend you read it… all of it.
No, I quoted the number of people who have declared that they will refuse. Are you even reading what I post here? You have repeatedly misinterpreted, misconstrued, or just failed to comprehend basic information.
We can call them hypocrites. I've observed a remarkable amount of "do as I say, not as I do" among those with... strongly held beliefs. Human nature, to an extent, but it's fascinating to watch people rationalize away their strongly held beliefs on a whole host of issues, when those beliefs stand between the individual and something they want or that will benefit them financially.
They're not lawful orders because they're illegal and I have no authority to order someone to do something that isn't... lawful. Did you bother to read the MCM? It's spelled out quite clearly. This is not a difficult concept, but I do sense your frustration.So how are the examples I gave not lawful orders, exactly? Very curious what I'm missing.
Uhhh, that's pretty much verbatim what I said...And your post with "the NAE numbers" was not at all clear that you were quoting numbers of people who said they aren't getting the vax by the deadline.
Obviously the number of people who haven't yet been vaccinated is going to be in the thousands, as detailed in the WaPo story you posted. Did you read anything other than the headline? How you could confuse a number as small as 51 with the overall unvaccinated number is baffling to me, but you've been quite confused about a lot of things in this thread. Wondering what's up with that.I saw the data, at least for the NAE. Thus far, the number of vaccine refusers is 51, or roughly .018%,
So please enlighten me. How is ordering someone to take a bumper sticker off their car against the law? What law would they be breaking by taking a bumper sticker off their own car? Vandalism? You're making no sense. If you have no military necessity for the order then a court might rule it unconstitutional, but that is a different matter and proves my point that a lawful order can go against the constitution. This is why I am not deferring to your experience at all. Despite your assumptions to the contrary, I've been to legal school as well and worked as the legal O at 3 commands now. I am well past my MSR and thank God will be out soon. Your assertions on all this make it clear you have no idea what you're talking about, and now you're trying to use your experience as a cover for your ignorance. Not impressed.They're not lawful orders because they're illegal and I have no authority to order someone to do something that isn't... lawful. Did you bother to read the MCM? It's spelled out quite clearly. This is not a difficult concept, but I do sense your frustration.
Instead of continuing down this rabbit hole, you might consider the possibility that someone who has been doing this for 31+ years, and has had several formal schools taught by real live JAGs covering this material, and have had the responsibility of actually wielding Art. 15 authority, just might have a better working knowledge of this material than a guy on his first shore tour biding his time until his MSR is up. Just a thought.
Your 51 number for declared vax refusers in the NAE is so irrelevant to figuring out how many will ultimately refuse the vax across the military as a whole. Do you really think that guessing thousands will ultimately refuse the vax when hundreds of thousands have refused it thus far is an unreasonable extrapolation?Obviously the number of people who haven't yet been vaccinated is going to be in the thousands, as detailed in the WaPo story you posted. Did you read anything other than the headline? How you could confuse a number as small as 51 with the overall unvaccinated number is baffling to me, but you've been quite confused about a lot of things in this thread. Wondering what's up with that.
There you go. Finally cornered you enough you've followed your buddy's lead and will try to save face. I'll make you a deal... You don't attack my character for no reason in the future, and I won't embarass you on here.View attachment 32989
Lord knows I've been trying. Perhaps the aforementioned idiom about the pig is the best course of action here. That said, I do really like the watercolor version of this meme, so on that front, this thread hasn't been a total waste.
Please don’t confuse my lack of engagement with ‘saving face’. Think about the idiom/analogy some more.There you go. Finally cornered you enough you've followed your buddy's lead and will try to save face. I'll make you a deal... You don't attack my character for no reason in the future, and I won't embarass you on here.