Overview
- CNN reported that Brig. Gen. Eric Widmar advised Joint Chiefs Chairman Gen. Dan Caine in November that commanders who conclude an order is unlawful should consider requesting retirement.
- Widmar’s guidance, prompted by a video of six Democratic lawmakers urging troops to refuse illegal orders, also told commanders to consult legal advisers when unsure.
- The advice defined an unlawful order as “patently illegal,” citing My Lai as an example, but critics noted it did not explicitly affirm troops’ duty to disobey such orders.
- The Joint Staff declined to comment, and legal experts warned that steering officers toward retirement could mute objections and keep retirees’ speech constrained under the UCMJ.
- Context for the guidance includes a September OLC opinion backing strikes on suspected drug boats and reporting of at least 99 deaths since September 2 in U.S. operations that have drawn sharp scrutiny.