Here & Now Anytime Can a member of the military disobey an 'illegal' order?
Nov 25, 2025
Retired Major General Stephen Lepper shines a light on military law, dissecting the complexities of the Uniform Code of Military Justice, particularly on lawful versus unlawful orders. Michael Shifter analyzes the implications of U.S. military pressure on Venezuela, tackling misconceptions about drug trafficking. Investigative reporter Avi Asher-Schapiro unveils the controversy surrounding White House interventions in the Andrew Tate case, raising ethical concerns and possible cronyism. Together, they navigate the intersection of military justice, international policy, and political intrigue.
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Orders Presumed Lawful
- Military law presumes orders are lawful and service members must obey unless an order is patently or manifestly unlawful.
- Retired Major General Stephen Lepper emphasizes the narrow exception and high risk for service members who refuse orders.
Question Before You Refuse
- If a service member suspects an order is unlawful, they should use available questioning and escalation procedures before refusing.
- Lepper notes context matters and battlefield situations limit the time for challenge.
Collective Legal Judgment Vs. Individual Disobedience
- Legal experts can declare operations unlawful without urging individual disobedience.
- Lepper's JAG group labels some Caribbean strikes illegal but stops short of ordering service members to disobey.