Comment: No. I agree the footsoldiers

(See in situ)

In reply to comment: To be clear, are you (see in situ)

No. I agree the footsoldiers

No. I agree the footsoldiers should be held accountable.

I have more sympathy for them. But I do not think they are blameless. More importantly I think it's a moral hazard to hold them blameless. They swore to uphold the Constitution. In following orders, they forswore their oath.

But so did those that issued the illegal orders. No one should be held blameless because it causes harm to do so and no one is in fact blameless between the issuer of an unconstitutional order and the executor of that order.

If I order my platoon to rape a village and they comply, am I less guilty of rape? Are they?

No. In issuing the order I am guilty even if I never participate. In obeying they are guilty even if, especially if, they knew it was wrong.