You are misinformed. And so is Kegsbreath. The Pentagon lawsuit is going to be laughed out of court for the chickenshit attempt at retribution that it is.
William Calley is a canonical example in military law of both giving and receiving illegal orders. His role in the My Lai Massacre during the Vietnam War is frequently taught at military academies to illustrate when a subordinate must disobey an order that is "manifestly unlawful"
Giving Illegal Orders
During the massacre, Calley ordered his men to round up and kill hundreds of unarmed Vietnamese civilians.
In his court-martial, several subordinates testified that they refused his direct orders to shoot civilians:
PFC Ronald Grzesik refused to shoot villagers in a ditch, even after Calley threatened to shoot him.
Private James Dursi refused to shoot civilians after rounding them up.
Private Harry Stanley also refused to fire on civilians gathered in a bomb crater.These refusals are cited as evidence that the illegality of Calley's command was obvious to men of "ordinary sense and understanding".
The "Superior Orders" Defense
Calley attempted to defend his actions by claiming he was following orders from his own superior, Captain Ernest Medina, to "waste" everyone in the village.
Court Ruling: The judge instructed the jury that if Calley was ordered to kill unresisting human beings in military custody, that order was illegal as a matter of law.
Outcome: The court rejected the "just following orders" defense, noting that soldiers have a primary duty to the law and the Constitution rather than to a superior's unlawful command.
For further details on this landmark case, you can review the legal summary on the International Committee of the Red Cross (ICRC) Casebook or the historical overview at ArmyHistory.org.
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