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Military discipline, you might say, he softened that statement to say, quote, he would not follow unlawful orders. so is he out of order? joining us for a fair and balanced debate, two former jags, tom kenith and tom king. tom, his of all we know troops are fighting around the world for freedom among other mention. do they absolutely give us their righto gyp up their right to full freedom of speech just by joining the military? absolutely not, jon. the military is recognized, the courts have recognized you surrender some rights to free speech but certainly not all of them. a soldier a service member has a right to make political statements, to say they like the president, they don t like the president, they like this governor, they don t like that governor. the key test that the military applies is whether or not you re using your uniform, using your service member status, as a political soap box. ....
But i can t imagine a scenario where this marine would be required to detain american citizens for doing that. jon: what if he was told to throw some of his fellow marines in the pri good for inadvertently burning korans? if he was given an order by any one of his commanding officers and that order was deemed to be lawful he would have to follow that order or face the consequence. jon: simple enough. let s take a look at the oath that, well, my son and all military personnel have taken. they say i, state the nail, do solemnly swear and affirm i will defend the constitution of the united states against all enemies, that i will bear true allegiance to the same and that i will obey the orders of the president of the united states and the officers appointed over me. ....
What is argueably the terrorists number one target in the western world, the big apple. just yesterday, attorney general eric holder says what he s read about the program is, quote, disturbing. the justice department is reportedly now reviewing whether to launch an official investigation. judge andrew napolitano is fox s senior judicial analyst. judge, let s start with that investigation. what exactly would that investigation look like if it went forward? reporter: it would probably look like fbi agents investigating exactly what the new york city police were doing. if, for example, the new york city police were gathering publicly available information in order to permit them to fight crime, to keep the city free and safe, to decide how to allocate priorities and resources, that s perfectly acceptable, and it doesn t require a search warrant and it s not unlawful and it s a good and healthy thing for the police to do. if on the other hand the new york city police were inside new jer ....
Had all the resources in order to run the prison. also the u.s. military wanted some guarantees that when prisoners were brought in, they weren t just released the next day, they wanted to make sure that detainees stayed off the battlefield. the afghans have essentially given the u.s. military a veto over detainees being released, so detainees won t just be released once the afghans get them. the u.s. military has some say about keeping them in the prisons, so that was a big part of this agreement. now, the next big issue here in afghanistan is the issue of night raids. both the u.s. and the afghan government have been debating this issue for many months now. general john allen has insisted that night raids are a valuable tool against the insurgency, but the afghan government wants an end tonight raids. if they can get agreement together with the detainee agreement, that would open the door for a much larger, strategic, long-term agreement here in afghanistan which would essentially ha ....
To follow legal orders, he has a legal obligation not to file a legal order. remember, that was the defense of the nazis at mouren ambassador, saying this is wrong but i was following orders, lieutenant william callie, at the malai mass der, we were following orders to kill everything in sight. if it s an order you have to disavow it. jon: i guess the question becomes, who dis the order to pick up american troops, whether that s illegal or not. unfortunately, this happens all the time. marines are forced to arrest other marines, to detain other marines, if it is considered that they have somehow violated the law of war or rules of engagement. that happens all the time. but it s up to that individual marine to make a moral decision on whether or not that s a lawful order. and sometimes, that is actually fought out in court. especially in the climate these days, where the rules of engagement are so gray. ....