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Monday, August 25, 2025

To the troops. STAND DOWN !!!


This administration is HIGHLY LIKELY to order you to commit crimes by giving you unconstitutional orders to arrest and/or harm citizens demonstrating peacefully to air their grievances. 


If you obey an unlawful order from this administration, you will be committing Treason; and, you may be prosecuted for the crime of obeying an unlawful order whether you are active duty, reservists on TDY, Federal Police, City and/or other sworn Police:


Following orders is not a valid defence against criminal charges resulting from obeying an illegal order.


Trump is using you to install a dictatorship by asking you to violate your oath to the Constitution. Should you help him in this treasonous act, your only hope for avoiding jail time is a presidential pardon.  If you help him you will be remembered as a Traitor to the United States.


Remember that this Administration will turn its back on you when they deem you no longer useful.


And, as at Nuremberg trials, following orders is not valid excuse to avoid criminal prosecution.


MOST IMPORTANTLY, MOST AMERICANS CITIZENS WILL HATE YOU FOR YOUR TREASON, INCLUDING YOUR FAMILY.


See the end of this post for sources of legal guidance for you and your family.


Legal background from chat gpt:


'...active duty military personnel and National Guard troops (when acting under federal authority) are under similar legal and constitutional obligations to disobey unlawful orders, including any order that would violate the First Amendment rights of citizens — such as an order to arrest citizens who are peacefully assembling.


Here’s how it breaks down:

🔹 1. Constitutional Protections (First Amendment)


The First Amendment guarantees the right of the people to peaceably assemble. Any order that directs troops to arrest people solely for peaceful assembly would likely be unconstitutional.


🔹 2. Duty to Disobey Unlawful Orders


Both active duty and National Guard troops (when federally activated, i.e., under Title 10 orders) are bound by the Uniform Code of Military Justice (UCMJ), which includes a duty to disobey unlawful orders.


UCMJ Article 92: Obedience to lawful orders is required — but only lawful orders.


Troops are trained that they must refuse to carry out manifestly illegal orders.


🔹 3. National Guard vs. Active Duty: Jurisdiction Matters


Active Duty Troops (Title 10):


Operate under federal authority.


Generally prohibited from engaging in domestic law enforcement by the Posse Comitatus Act (with narrow exceptions, like the Insurrection Act).


National Guard Troops:


When under state authority (Title 32 or State Active Duty), they can be used in domestic law enforcement roles by a governor.


Still must comply with state and federal laws, including the U.S. Constitution.


Must also disobey unlawful or unconstitutional orders.


🔹 4. Unlawful Orders Example: Arresting Peaceful Protesters


An order to arrest peaceful protesters without legal justification (i.e., no violence, no unlawful conduct) is likely unlawful.


Following such an order could expose troops to legal liability, including criminal responsibility, especially if constitutional rights are violated.



✅ Steps to Take:


Request Clarification of the order in writing if possible.


Report concerns to your chain of command, JAG officer, or Inspector General.


Document everything: time, place, what was ordered, and by whom.


Seek Legal Counsel:


Through JAG or the GI Rights Hotline (girightshotline.org

).


Refuse the order if it is clearly illegal and you have good reason to believe so—but be prepared for potential disciplinary consequences (which may be defendable in court if your refusal was lawful).


⚠️ Important:


If the assembly turns violent or is declared unlawful (e.g., rioting, threats to safety), the legal grounds shift. Orders to disperse or arrest may become lawful in that context.


The specific facts matter a lot: peaceful vs. violent protest, location, curfews, etc.


🔹 Bottom Line:


A National Guard soldier has the duty to disobey unlawful orders, including orders to arrest peaceful protesters—but this decision carries risk and should be supported by legal counsel and documentation.


If you're in this situation or know someone who is, would you like help drafting a statement, contacting legal help, or reviewing specific facts?