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Federal Employees Are Under No Obligation To Carry Out An Illegal Order

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This article comes from ConservativeHQ.com

By George Rasley, CHQ Editor

Gallons of ink have already been spilled on the pages of America’s newspapers by scholars and lawyers explaining that President Obama does not have all or key elements of the authority he claims to have to grant amnesty to millions of illegal aliens.

And gallons more have been spilled explaining the details of how such an illegal and unconstitutional amnesty would work and the steps Congress might take to defund it.

But what no one seems to have recognized is that it takes people – federal employees, sworn law enforcement agents, and maybe even some military personnel – to accomplish Obama’s illegal goals.

Someone has to let the illegal aliens out of jail, issue the documents, mail the green cards and do all the hundreds of other tasks necessary to carry out Obama’s illegal and unconstitutional scheme. And each of those individuals took an oath to protect and defend the Constitution of the United States, not blindly follow a president’s orders.

And there’s a good bit of evidence that federal employees, sworn law enforcement agents and military officers can not only refuse an illegal order, but if they don’t they accrue personal criminal or civil liability.

American military law and tradition holds that military members are accountable for their actions even while following orders — if the order was illegal. So, an order that is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it.

U.S. military law has long held that following manifestly illegal orders is not a viable defense from criminal prosecution. In United States v. Keenan, the accused (Keenan) was found guilty of murder after he obeyed in order to shoot and kill an elderly Vietnamese citizen. The Court of Military Appeals held that “the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal.” (Interestingly, the soldier who gave Keenan the order, Corporal Luczko, was acquitted by reason of insanity).*

So, U.S. military personnel are authorized by their oath of enlistment and training to refuse unlawful orders, indeed, officers are actually authorized to arrest those who issue unlawful orders, unlikely as it is that President Obama’s military aide will attempt to arrest him.

Likewise, various agencies of the federal government have rules and regulations regarding illegal orders.  Such rules tend to follow a formula such as this from a USDA ethics briefing; “USDA Employees must follow supervisory instructions unless the employee perceives that they are illegal or would threaten his or her personal safety. Supervisory instructions have to be legitimate and work-related not arbitrary or capricious.”

Naturally, federal employees who refuse to carry out orders believing they will result in such a violation usually will not be praised by an agency for their righteousness. Instead, they will be branded as being insubordinate.

Employees caught in this ordered-to-do-wrong bind are generally advised to adhere to what the Merit Systems Protection Board (MSPB) has dubbed the “obey now, grieve later” rule. Under this rule, employees should carry out whatever they were ordered to do, and then blow the whistle on the wrongdoing. They could, for example, disclose information about the violation to the Office of Special Counsel (OSC) or Office of the Inspector General (OIG).

Read more here.

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ldiffey

Oath Keepers Merchandise

3 comments

  1. It’s a “damned if you do, damned if you don’t” situation for all the oath-takers. If you violate your oath, you will be condemned by those you swore to protect and if you don’t, your governmental agency /dept. will condemn you. You’ve got to ask yourself, which one will hurt you the most. Follow the laws of the true Judge and not those who serve evil.
    “But if you do not obey Me, and do not observe all these commandments, and if you despise My statutes, or if your soul abhors My judgements, so that you do not perform all My commandments, but break my covenant, I will also do this to you: I will appoint terror over you, wasting disease and fever which shall consume the eyes and cause sorrow of heart. And you shall sow your seed in vain, for your enemies shall eat it”(Leviticus 26:14-16)

  2. @ Big Al, “It’s a “damned if you do, damned if you don’t” situation for all the oath-takers.”

    You need to see the big picture.

    If you do not keep your Oath, you are either assisting in the destruction of this nation and turning it into a slave subordinate nation, quite possibly with democide being used on your friends and family.

    If you keep your Oath, the only ones who will condemn you in your governmental agency /dept is the traitors to our country. The ones willing to destroy our nation, quite possibly assist in democide here.

    If you keep your Oath, Oathkeepers who are already trained will be needed on a permanent basis for a very long time to train and work with the people in this nation. Those should be paying positions, though it will most likely no longer be the dollar.

    We will start manufacturing stuff here within the USA because the rest of the world will most likely be under the NWO and not to be trusted. What will assist in that will be all the traitor corporations that will no longer be welcome in our nation and we will use those buildings, etc to assist us in getting going so it will not be like we are starting from scratch.

    There will be jobs, alternative currencies, farms if we do not let them destroy the land and water. There will lots of DEFENSE needed within our nation. But we will become the “shining beacon” to the world again, and THIS time there will be no corruptness allowed. Probably we will go overboard fora few decades, but if we teach our children well they will learn to never really trust anyone in power, but to watch them carefully – which will safeguard our nation.

    What we do now, is for the future. Your decision may or may not be the deciding point, the “tipping point” but then again it might. You are needed, your country, your state, your family and friends NEED YOU to make the right decision.

    But let the decision you make be YOURS; not that you are “just following orders” or “just doing your job”; make that decision carefully and YOU make it.

    God Bless!

  3. Non Compliance by Government employees and those in Uniform is our strongest non violent RESISTANCE to tyranny.
    Do NOT comply to unconstitutional orders.

    The general public should also practice Non Compliance, Peaceful resistance to unconstitutional mandates/laws.

    There are more of us than them.
    I have read reports that state if as little as 12% of the population stops complying that these unlawful “executive” TYRANNICAL actions will be nullified. 12% was stated as the tipping point of where it takes more assets for enforcement of law than makes the law profitable to the government.

    Non Compliance. Impeach. Arrest. Put anti American politicians and president on trial for TREASON. Those are actions Americans MUST take in order to Save Our American Republic.

    The Anti American traitors win because you do Nothing. Awaken the American people.

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