Quote Originally Posted by KukriKhan
A couple of side questions for the peanut gallery:

1) If the CMA (Court of Military Apeals) or SCOTUS did find that the order was unlawful, does that then implicate every soldier who did comply, in a crime? Are they guilty then of war crimes, for failing to disobey?
To early for that question there Kukri. But you have hit on the reason why the initial Courts Martial will go against the LT. This is very similiar to the case that SPC New attempted. SCOTUS refused to hear his case for several reason. The main one being that they found no procedure violations by the lower courts.

2) By refusing to deploy, the Lieutenant, by definition, forced some other Lieutenant to go, who would not have otherwise needed to deploy. If that guy gets killed or hurt, is 1LT Watada culpable?
In short, No. Who is to say that 1LT Watada would of suffered the same event.