neonzx wrote:
That's one of my favorite segments. Ed said he couldn't refuse written orders, apparently a reference to USMJ Articles 90 and 92. The trick here is that Article 92 refers to lawfully given orders. Ed knows that this order is unlawful, so he asks for it in writing. But then he fails to follow his next obligation as an officer,
he has a duty to disobey that order as it is unlawful.Quote:
The Vietnam War presented the United States military courts with more cases of the "I was only following orders" defense than any previous conflict. The decisions during these cases reaffirmed that following manifestly illegal orders is not a viable defense from criminal prosecution. In United States v. Keenan, the accused (Keenan) was found guilty of murder after he obeyed in order to shoot and kill an elderly Vietnamese citizen. The Court of Military Appeals held that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal."
Could Ed have been shot for treason if he disobeyed? Perhaps, but only after a Court Martial to determine that. He wouldn't have been just perp walked out to a paddy and shot. Well, maybe as a fragging.
In this clip, Ed also invents a new term for someone set up to take the fall. I'd never heard of an "escape goat" before.
Ed's recollection of his CM is interesting. He says they wanted him to rat out lower ranking people, but he refuses, takes 100% blame. Only, he's got in his pocket the written orders from higher up that are introduced as evidence. Now why would the CM board be looking down the chain, when they have in their hands the original order? To me, it's just Ed trying to be a hero to the little guys, "I'll look out for ya" kind of deal, all made up of course. (Sorry, I'll never believe anything Ed says)
The CM Board offers Ed a choice: take a General Discharge and get the hell out of here, or get busted to E-1 and we'll let ya have a General AND Honorable. Later in Ed's story, that becomes rat out some lower guys and we'll let ya off with a reprimand and you can stay in the Marines. WTF?
What ya didn't hear in this clip is the psychological disconnect within Ed. He tells of some battle on hill 61A around Khe Sanh. Says he went in on Feb 3, 1968 with 720 men, and came out 3 weeks later with 30, a loss of 690. Now, according to Wiki, total losses in the Khe Sanh battle 21 January to April 8m 1968 were 720. Is Ed saying he is accountable for almost 96% of the losses? (Yes, I'm being extreme and not considering casualties, because Ed implies everyone was killed)
Anyway, Ed says that after Khe Sanh he "hated the gooks, wanted to kill them all". But the next big event in Ed's Nam experience is the orders to waste an entire village, and he balks. Why? Here's a perfect chance to "kill them all", but he hesitates.
LM_K, time for your expertise.