The oath demands that you obey the Constitution first. And lawful orders from the President and officers appointed over. Just like you can refuse to obey an unlawful order from a person in your chain of command ("go get my coffee cup from lower level" is an example of not a lawful order). "Shoot into that crowd" is not a lawful order either in most cases for the military, particularly within the US itself (unless we are talking zombie apocalypse or something far worse than a not-really-fraudulent election.
The oath taken by officers (and Federal civil service) does not reference the President, only the Constitution.
The military is required to obey lawful orders.
It is more likely about him declaring M.L, and if he did is it legal for what he is trying to do,
No they dont if such use of the act is unconstitutional
Those things are not within the jurisdiction or right of the military to do. That would be called out by Congress and stopped before the military was allowed to touch a single piece of voting equipment. There are likely already lawyers for Congress waiting for such a stupid order to come down so they can immediately slap it with an injunction and Congress can work on impeaching Trump again before he can even make it out of office on his own.
Then you (and any relevant Officers/Soldiers) will have to wait for the justification given for declaring martial law. (instead of pre-judging motivation based on speculation)
Believe me, Officers/Soldiers will be very careful when considering whether to disobey an order. It WON'T be based on some TDS-motivated belief that the order is unconstitutional. (That is...if they value their freedom and their career. People go to jail for not obeying a direct order.)
I assure you generals will.not be issuing orders under the insurrection act unless they are certain its legal. They risk courts martial. Better to do nothing and let courts Duke it out unless lives are in danger
Thank you. This is essentially precisely what I just said...except, they won't be waiting for the courts. They will be consulting their JAG.
The President would have to give any such orders to the military via the Joint Chiefs. The chances are that they would let Trump know right away what he can and can't do, and this is something they would very likely tell him would have to go through Congress or SCOTUS, as it involves a domestic issue.
And their JAG will say do nothing until the courts resolve it unless lives are in danger
You are correct about the JCS. You are speculating about what they would "very likely tell him".The President would have to give any such orders to the military via the Joint Chiefs. The chances are that they would let Trump know right away what he can and can't do, and this is something they would very likely tell him would have to go through Congress or SCOTUS, as it involves a domestic issue.
Joint Chiefs of Staff - Wikipedia
en.wikipedia.org
Speculation.
Declaring martial law and seizing the voting machines, staying in power despite the fact biden is legally the president elect, is unlawful and can be rightfully ignored. The military would have a duty to ignore his orders, and arrest him on the spot.
As is yours. There is a 0.0% chance the military will involve themselves in this election
You should have told President Lincoln about that. I'm sure he would have wanted to know.
After the Civil War, the Insurrection Act was further amended to give the president authority to enforce the 14th Amendment and the conditions of Reconstruction in the South. That authority is now found in Section 253 of Title 10 of the U.S. Code, which gives the president the right to take military action within a state when “any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection.”
Thomas Jefferson Signed the Insurrection Act in 1807 to Foil a Plot by Aaron Burr
With his political career in ruins after killing Alexander Hamilton, Aaron Burr set off to claim lands in the Southwest—and President Jefferson intended to stop him.www.history.com