Rumor heard from an old friend. Take it for what it's worth...

[LogDog75]

47. Commanders don't have the authority to absolve their personnel of wrongdoing

As a 28-year AF veteran, I'm familiar with the military chain of command and the Uniform Code of Military Justice. Commanders are limited on the legal actions they can take on their personnel. They do not have the authority to absolve anyone before or after and action has taken place. If military personnel carry out an order, regardless of being a legal or illegal order, the person issuing the order and the person(s) following the order are held responsible for their action.

It is not up to the commander to decide on whether the order is illegal but up to the military justice system. Prior to indicting anyone, an Article 32 investigation is held to determine if there sufficient evidence to charge an individual or individuals. If charges are recommended, then the person(s) involved will face a court martial. A military court martial is not a slam dunk for the prosecution. The prosecution has to prove the charges against the individual(s) to a court martial panel (jury) just like a district attorney has to prove the charges against a defendant in a civilian trial. If the individual(s) is found guilty, the case is automatically appeal to the United States Court of Appeals for the Armed Forces.

In short, the commander cannot absolve anyone of obey an illegal order.