The top lawyer for the nation's top general provided guidance for military commanders who believe they have been given an unlawful order, and not everyone agrees he provided good advice.
Joint Chiefs Chairman Gen. Dan Caine viewed a video in November showing six Democratic lawmakers urging U.S. troops to disobey illegal orders, and he asked his top legal adviser, Brig. Gen. Eric Widmar, to provide the latest guidance on how to respond to such a request, sources told CNN.
"He asked Widmar, according to the sources, what the latest guidance was on how to determine whether an order was lawful and how a commander should reply if it is not," CNN reported. "Widmar responded that they should consult with their legal adviser if they’re unsure, the sources said. But ultimately, if they determine that an order is illegal, they should consider requesting retirement."
"Request to retire — and refrain from resigning in protest, which could be seen as a political act, or picking a fight to get fired," the report added.
The issue has grown hotter inside the military as lawmakers and legal experts question the legality of the U.S. military’s airstrikes on suspected drug smuggling boats in the the Caribbean Sea and Pacific Ocean, especially after reports that Adm. Alvin Holsey ordered a so-called "double-tap" strike on two survivors at the direction of Secretary of Defense Pete Hegseth.
"A separate official familiar with military legal advice said that it is not uncommon for lawyers to urge servicemembers to consider leaving the force if they believe they’re being asked to do something they are personally uncomfortable with," CNN reported, "but it’s typically handled on a case-by-case basis and tailored to the facts of the situation."
Other current and former U.S. officials, including former military lawyers, argued that encouraging servicemembers to retire, if eligible, rather than voice dissent runs the risk of encouraging silence and lack of accountability.
“A commissioned officer has every right to say, ‘this is wrong,’ and shouldn’t be expected to quietly and silently walk away just because they’re given a free pass to do so,” said a former senior defense official who left the Pentagon this year.
“It’s a very safe recommendation in this current political environment,” that former official added. “But that doesn’t make it the right or ethical one.”