UnJustified Unlawful Orders (feat. Virginia Burger of POGO.org)
Nov 30, 2025
Virginia Berger, a former Marine Corps officer and senior analyst at POGO.org, explores the power and responsibility within the military regarding unlawful orders. She explains the enlistment oath and the Nuremberg principle that compels service members to disobey illegal commands. They discuss the importance of recognizing unlawful orders, challenges of court martials, and the complexities of military law, including recent controversial dismissals involving high-profile figures. Berger also highlights POGO's mission for government oversight and accountability.
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Reminder Speech Is Protected
- Public statements reiterating legal duties, like telling service members they must refuse unlawful orders, are plainly First Amendment protected political speech.
- Andrew McCabe and Virginia Berger both stress such speech is unlikely to justify criminal charges.
POGO's Origin And Mission
- Virginia Berger describes POGO's 40-year origin focused on defense oversight and its current mix of investigative journalism and policy advocacy.
- She invites listeners to support POGO's accountability work, noting Giving Tuesday as a fundraising moment.
Halligan's Appointment Struck Down
- Judge Curry found Lindsay Halligan's appointment as interim U.S. Attorney invalid under 28 U.S.C. 546 and the Appointments Clause due to timing and statutory limits.
- The court concluded the AG's appointment authority expired after a 120-day window, nullifying actions Halligan took thereafter.
