101. Military Orders: Manifestly illegal or proper? Feat Treb Courie, Legal Director, Orders Project

In this episode of Freedom Over Fascism Live, Dr. Stephanie Gerber Wilson interviews Treb Courie, the legal director of the Orders Project. They discuss the complexities of military law, the role of the Orders Project in assisting service members with legal issues, and the implications of international law on military operations. The conversation also covers the legal boundaries of orders given to service members, particularly in the context of domestic deployments and operations in the Caribbean. Courie emphasizes the importance of understanding the Uniform Code of Military Justice (UCMJ) and the law of armed conflict, as well as the challenges faced by service members in navigating these legal landscapes. Takeaways The Orders Project assists service members with legal advice. Service members must follow lawful orders unless manifestly unlawful. The UCMJ governs military discipline and justice. International law informs military operations but is complex. Domestic deployments raise legal questions under the Posse Comitatus Act. Service members are encouraged to seek legal advice for hypotheticals. Military justice operates under a different system than civilian law. The military can federalize National Guard troops under certain conditions. Psychological operations are restricted against US citizens. Confidentiality is maintained in attorney-client communications. Titles Navigating Military Law: The Orders Project Explained Understanding Legal Boundaries for Service Members Sound bites “Remember your oath to the Constitution.” “Orders must be manifestly unlawful to disobey.” “We are not at war with a nation.” Chapters 00:00 Introduction to Freedom Over Fascism Live 03:43 Understanding the Orders Project 09:57 Navigating Legal Advice for Service Members 17:02 The Role of International Law 21:30 The Caribbean Operations and Legal Implications 25:19 Military Justice System Explained 34:07 National Guard and Federalization Issues 39:20 Dubious Orders and Legal Boundaries