Lawyer Talk: Off the Record

The Sedition Act, Military Orders, and Questioning Authority | They Don't Teach You That In Law School


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Steve Palmer and law student Troy Henricksen talk about a timely and thought-provoking topic—the delicate balance between following military orders and questioning their legality and morality.

With recent political debates swirling around Congress members urging military personnel not to obey unlawful executive orders, the conversation delves into both personal experience and historical context.

Drawing from Troy Henricksen’s background in the military, the discussion explores how soldiers are trained to respond to commands, when it’s acceptable to challenge orders, and the tricky ethical territory that comes with it.

Together, Steve Palmer and Troy Henricksen look at famous examples from history and pop culture—from the Nuremberg trials to Hollywood films like “Crimson Tide”—to illuminate the very real dilemmas facing those in uniform today.

Whether you’re interested in the intersection of law, politics, or ethics, this episode promises a nuanced look at what really happens when the chain of command is put to the test.

Key Points:

  • Soldiers Are Taught to Follow Orders—With Limits. Troy Henricksen shares firsthand insight: soldiers must obey commands, but there are clear exceptions for unlawful or unethical orders. The “Nuremberg defense” (“just following orders”) is not absolute.
  • Human Discretion Is Baked Into U.S. Military Law. Unlike some historical regimes, the American system expects soldiers to use judgment about the morality and legality of orders—balancing strict discipline with individual responsibility.
  • The Political Debate Is Complicated and Ongoing. Both Steve Palmer and Troy Henricksen highlight how politicians can weaponize legal nuances, creating dilemmas not just for policy but for individuals tasked with carrying out those orders.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

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Lawyer Talk: Off the RecordBy Stephen E. Palmer - Attorney At Law

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