UnJustified Unlawful Orders (feat. Virginia Burger of POGO.org)
Nov 30, 2025
Virginia Berger, a former Marine Corps officer and senior analyst at POGO.org, explores the power and responsibility within the military regarding unlawful orders. She explains the enlistment oath and the Nuremberg principle that compels service members to disobey illegal commands. They discuss the importance of recognizing unlawful orders, challenges of court martials, and the complexities of military law, including recent controversial dismissals involving high-profile figures. Berger also highlights POGO's mission for government oversight and accountability.
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Duty To Refuse Unlawful Orders
- Military personnel are obligated to disobey unlawful orders as part of their oath and legal duty under the UCMJ and Constitution.
- Virginia Berger emphasizes this duty applies broadly, not just to dramatic wartime commands.
Train For Everyday Unlawful Orders
- Learn to recognize unlawful orders by studying routine, everyday violations like falsifying records or bypassing procurement rules.
- Train and discuss practical, lower-level scenarios so junior service members can identify unlawful directives.
Retirees Can Still Face The UCMJ
- Military retirees retain certain privileges but remain subject to parts of the UCMJ and can, in rare cases, be recalled for court-martial.
- Virginia Berger notes recalling a retiree who is a sitting senator raises unprecedented practical and legal complications.
