“An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.” The accused has the burden to establish that the order is not lawful. Hughey, 46 M.J. at 154; United States v. Smith, 21 U.S.C.M.A. 231, 234, 45 C.M.R. 5, 8 (1972). Indeed, a professional military institution could not otherwise function without a service member having a duty to obey lawful orders.
United States v. Kisala, 64 M.J. 50, 52, n.5 (C.A.A.F. 2006).
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