U.S. Military Has Duty to Disobey Illegal Orders; Cyberattacks Against Infrastructure A Threat To U.S.
TAPPER: Welcome back to THE LEAD. In our world lead today, what would U.S. national security officials do if its very commander-in-chief ordered them to break federal law ? This is hardly a hypothetical. Donald Trump has said he would bring back torture. He would have the U.S. military target the families of terrorists. And in a recent interview with the "Miami Herald", he suggested U.S. terror suspects should be tried in military tribunals in Guantanamo. The thing is, under current federal law, they can't be. So, what would a general or a sergeant or a private do if an order comes from his or her new commander-in-chief to break federal law? Let's bring in CNN Pentagon correspondent Barbara Starr. Barbara, this is not just a hypothetical, with just 88 days in the race, one has to wonder, are people at the Pentagon considering this possible scenario in which they have to choose between obeying the law, and obeying an order from the commander-in-chief.</s>BARBARA STARR, CNN PENTAGON CORRESPONDENT: I have to tell you, Jake, it is something you do hear about. Let's just consider Guantanamo Bay. So, there's always been a lot of talk about bringing Gitmo suspects to the U.S. for trial. Donald Trump now talking about sending American citizens to Guantanamo Bay for military trials. Would the U.S. troops obey him? Could he really even do that?</s>STARR (voice-over): Donald Trump has new thoughts on how, if elected, he might send U.S. citizens accused of terrorism to the military prison at Guantanamo Bay.</s>INTERVIEWER: Would you try to get the military commissions, the trial court there, to try U.S. citizens?</s>DONALD TRUMP (R), PRESIDENTIAL NOMINEE: Well, I know that they want to try to him in our regular court systems and I don't like that at all. I don't like that at all. I would say, they can be tried there, that would be fine.</s>STARR: The law that created military commissions specifically exempt U.S. citizens from being tried at Gitmo, military experts say.</s>RACHEL VANLANDINGHAM, SOUTHWESTERN LAW SCHOOL: So, Mr. Trump would have to work with Congress to establish different laws.</s>STARR: Would that work?</s>VANLANDINGHAM: That would be constitutionally suspect. Why? Why would it be a suspect? It's because current U.S. courts are fully capable and open and available to provide the full panoply of U.S. constitutional guarantees.</s>STARR: Some of Trump's ideas, including the possibility of bringing back waterboarding are raising critical questions about the authority of the president to order troops to carry out actions which violate U.S. law. Simply put, the U.S. military has a duty to disobey illegal orders even when they come from the president.</s>VANLANDINGHAM: The military adherence to civilian command and control is a bedrock principle of the U.S. military. However, the U.S. military swears to protect and defend the U.S. Constitution, first and foremost.</s>STARR: But Trump says he expects to be obeyed by the troops even on waterboarding.</s>TRUMP: They won't refuse. They're not going to refuse me. Believe me.</s>STARR: A former military lawyer says Trump should be refused.</s>VANLANDINGHAM: There is no moral dilemma of a military member to think, well, maybe this is actually lawful. No, it's illegal.</s>STARR: General Joseph Dunford, the chairman of the Joint Chiefs, has stayed out of the political fray. But even he has made clear some ideas are out of bounds.</s>GEN. JOSEPH DUNFORD, JOINT CHIEFS CHAIRMAN: One of the things that makes me proud to wear this uniform is that we represent the values of the American people. That is what we have done historically. That's what we expect to do in the future. Again, that's what makes me proud to wear this uniform.</s>STARR: So, military experts tell us, illegal orders a moral and legal obligation to disobey them. If illegal orders were obeyed, troops open themselves up to prosecution, even international war crimes tribunals. You disobey the order, or if you can't convince your boss to change his mind, you consider resignation -- Jake.</s>TAPPER: All right. Barbara Starr, thank you so much. With dangerous heat in parts of this country this weekend, many people will be blasting the air-conditioning. What if hackers make it impossible to use your AC? Since gets a rare look at just how vulnerable America's power grid is. Then, since Congress failed to act, the government says they will run out of money by the end of the month to develop a Zika vaccine. So, the White House says they're stepping in with cash from another source, but wait until you hear where the money is coming from.