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Lawfare Daily: The Duty to Disobey Unlawful Orders

Natalie K. Orpett, Frank Rosenblatt, Colby Vokey
Thursday, December 11, 2025, 7:00 AM
What is the duty to disobey unlawful orders?

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News of a U.S. attack on a boat off the coast of Venezuela—which included a second strike on survivors of the first—has raised new concerns about the administration’s operations against alleged drug traffickers. Legal analysts, including some at Lawfare, call the second strike clearly unlawful. So why did the U.S. military agree to follow the order?

On today’s episode, Executive Editor Natalie Orpett discusses the roles and responsibilities of military personnel with Frank Rosenblatt, a professor at MC Law and a former U.S. Army Lt. Col and Judge Advocate General in the U.S. Army, and Colby Vokey, former Marine Corps Lt. Col and Judge Advocate General. They talk about the duty to disobey unlawful orders, the complexity of choosing to do so, and what it means for the future of U.S. operations.

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Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years.
Frank Rosenblatt is a professor at Mississippi College School of Law and a former U.S. Army Lt. Col and Judge Advocate General in the U.S. Army.
Colby Vokey is a former Marine Corps Lt. Col and Judge Advocate General.
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