Do Navy leaders have a "duty to disobey" Trump in Gallagher case?

Trump, who seems to equate war crimes with battlefield toughness, certainly has the authority to order such a thing as commander in chief of the military. But is it worthy of being obeyed? Military ethicists have debated this for years.

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Marine Corps officer Andrew Milburn wrote in a controversial 2010 essay that “faced with a moral dilemma, the military officer not only has grounds for dissent, but also, if his code of ethics and oath of office so guide, has a duty to disobey.” The only real option under such circumstances, Milburn wrote, would be to resign rather than carry out the order.

On Sunday, after Gallagher criticized Navy leadership in a morning interview on Fox News, Defense Secretary Mark Esper forced Spencer to resign over his handling of the case.

The circumstances were murky, but it’s clear that Trump’s unwelcome intervention precipitated another mess. Military leaders shouldn’t have to choose between their conscience and an order from the commander in chief.

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