ATTENTION: to all NG, soldiers, & law enforcement personnel

[Harve Curry]

You took an oath
"... to preserve, protect, and defend the Constitution of the United States [and of your state] against all enemies, foreign or domestic."

Illegal Orders
Any order which you may receive that is contrary to the Constitution of the U.S. or of your State, or to a constitutional law, is illegal. Compliance with such an order is not only not required of you, but may be and probably is illegal, and the issuance of such an order may be a crime, which obligates you to make an arrest of the person issuing it.

Under federal law, 18 USC 242, it is illegal for anyone under the color of law to deprive any person of the rights, privileges or immunities secured by the U.S. Constitution, and under 18 USC 241 it is illegal to conspire to violate such rights. It is a felony punishable by up to 10 years in prison. This could be applied to local, state, or federal law enforcement or military personnel who abuse the rights of citizens. Every state has a similar law.

You have the right to disobey an illegal order.

The Bill of Rights is for all U.S. citizens, not just an elite class.

The current situation in New Orleans will show the true nature of authority weilded by LEO's, and National Guard, whether or not they will respect citizens Rights as gauranteed in the U.S. Constitution & Bill of Rights.

Was that just talk from LEO's on THR about supporting citizens gun rights or will you back it up with opposition to the current LEO's and CHP activities we've read about here on THR?

 

[Aguila Blanca]

Actually, under the UCMJ military personnel have an affirmative DUTY not to obey an unlawful order. Seems to me that disarming people and assisting in warrantless searches, both in contravention of both the Louisiana and the Federal constitutions, is about as unlawful as it gets.

Of course, I expect that the enlisted line personnal are trained (as we were) to follow orders. What I don't understand is the officers who command these NG troops passing along such blatantly unlawful orders to their troops. I believe those officers who accepted and carried out these orders should be cashiered immediately.

 

[PvtPyle]

Check my posts and replys on the subject and you tell me what you think I am going to do, or how I feel.

Considering the company you are in, that is a pretty lame post. It would be much more effective some place where you are not surrounded by pro-gun, pro-freedom LEO's and members of the military.

Not a flame, just a suggestion and observation.

 

[Aguila Blanca]

PvtPyle --

With due respect, I do not consider Mr. Curry's post "lame" at all. His point is exceedingly pertinent. There are National Guard soldiers in New Orleans, assisting NO police officers in activities which are not countenanced by either the U.S. Constitution or the constitution of the State of Louisiana. Ergo, the orders under which they are acting are unlawful.

The UCMJ provides that U.S.military personnel shall not obey an unlawful order.

Faced with that, I think it is entirely fair and proper to ask why these personnal ARE following unlawful orders. What part of this line of inquiry do you think is "lame"? Very few LEOs and military on this forum have actually come out and said "No, what they are doing is illegal and they should not be doing it." Many have been conspicuously silent, and others have tip-toed around the issue by saying "Well, I think it's morally wrong but it may be legal." That's not a position, that's an organized forward withdrawal.

 

[rock jock]

I do agree that Harve is probably preaching to the choir, but it is nonetheless a good reminder to those in positions of authority who are waffling on what the intent of the Constitution is.

 

[LawDog]

Was that just talk from LEO's on THR about supporting citizens gun rights or will you back it up with opposition to the current LEO's and CHP activities we've read about here on THR?

[sarcasm]No, I'm going to let Hurricane Katrina and New Orleans make me do a complete 180 degree turn on the gun rights stance I've had my entire adult life.[/sarcasm]

Closed, for being needlessly confrontational.

LawDog