[quote]Varqanir wrote:
Ay, but there’s the rub.
Who is to determine what constitutes a “lawful order” in a State of Emergency, under martial law, if the orders are executive orders coming down from the CIC himself? [/quote]
A judge.
The law is the law regardless of what the CIC orders or not. If Obama gave a direct order to destroy a hospital in Ramadi because X, Y, & Z terrorist are inside, the personnel that carried out the order would undoubtedly be charged with murder.
We are extremely careful about collateral damage in todays world and you think this is going to just change over night? Against fellow Americans no less?
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Certainly every platoon isn’t going to have the luxury of an attached JAG officer to let the men know which orders are unconstitutional and therefore “not lawful”. [/quote]
Every single serviceman in the United States Military knows that killing an unarmed civilian, be he American or otherwise, is unlawful.
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And “the officers and men will just know in their guts what’s right and wrong” gets a little hazy in the fog of…well, if not war, then severe internal strife.[/quote]
Yet the vast majority of service members don’t open fire on civilians during war times.
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All right, here is a scenario for you. A bomb goes off in downtown Detroit. Hundreds of people are killed and wounded. The perpetrators are identified as a group of American Muslim radicals with ties to ISIS. A widespread search ensues, but the trail goes cold: they are suspected to hiding out in Dearborn, sheltered by fellow Muslims in the neighbourhood. Attempts by the police to search house to house turn up nothing. Still the searches continue, and the police become more heavy-handed. A few people get roughed up. A young man gets shot. The people riot. The military is called to assist the police. Shots are fired. On both sides. [/quote]
Let me give you another scenario. A young man dies in police custody, the people riot pillaging the city, 20 police officers are injured, a state of emergency is issued, 5,000 National Guard troops are deployed, and ZERO shots are fired and no other civilians are seriously injured or killed by “the government”.
We can play the hypothetical game if you’d like; however, there’s a very recent example of military restraint on American soil in real life.
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Now.
How quickly does Dearborn start looking like Fallujah? [/quote]
Right now, in 2015, at a snails pace or slower.
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How many soldiers and Marines would disobey an order to return fire on these American citizens? How many officers would mutiny as a result? [/quote]
A lot, imo.
You guys seem to be forgetting that these soldiers and Marines would be firing on their own homes and on their families. Could it happen, yes, if another civil war breaks out.