When an Order Raises Legal Concerns

What You Can Do
Response Guide for Potentially Unlawful Orders
  • Get the order clearly (preferably in writing)
    • Restate it back or request written clarification
    • Do not delay compliance while seeking clarification
    • Ensure you understand who the order is coming from
  • Assume immediate compliance is required unless told otherwise
  • If the order is manifestly unlawful and requires commission of a clearly criminal act (such as harming civilians), or if you have actual knowledge that it violates the law, you have a duty to disobey that order
  • Seek internal advice right away if circumstances permit
    • Chain of command
    • JAG (defense counsel or legal assistance)
    • IG, chaplain
    • Avoid statements of refusal unless the order is clearly illegal
  • Understand the legal standard
    • You must obey lawful orders
    • You must not obey patently illegal orders (e.g., orders directing a crime)
    • For unclear orders, get advice—lawfulness is a legal determination
  • Document everything
    • Who gave the order, when/where, witnesses, circumstances
    • Keep contemporaneous notes in a secure place
  • If compelled to comply, comply while preserving your rights
    • Take no extra actions beyond what the order requires
    • Maintain documentation for later review
  • Use protected communication channels if needed
  • IG, DoD hotline, Congress, legal counsel
  • Report concerns or retaliation through lawful whistleblower avenues
  • After the event, get independent legal counsel immediately
    • Especially if the order may have violated law/regulation
    • Or if you face consequences for raising concerns
  • At any point, contact The Orders Project for confidential attorney referrals

What we do

The Orders Project – Protecting Those Who Serve

The Orders Project is a non-partisan program created to assist military personnel in understanding their options when faced with orders they believe may not be legal.

When the legality of an order is unclear, The Orders Project provides resources and connects service members with legal counsel they can trust. Don’t face difficult decisions alone.

The Orders Project was created by the NMIJ and is now managed by Whistleblower Aid, a non-partisan, 501(c)(3) nonprofit organization dedicated to upholding the rule of law. NIMJ remains a strategic partner to The Orders Project.

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