Most people will ignore that since they consider the Tea Party a joke. If someone reputable in the Republican party suggested an investigation it might be different.
Okay, to all of you who clearly have no idea what you are talking about - here is the most basic rule of being in the US military - The Code of Conduct. It is one of the very first things recruits are taught - often at the first processing point before going to the basic military training:
Article I
a. I am an American fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
b. All men and women in the armed forces have the duty at all times and under all circumstances to oppose the enemies of the United States and support its national interests. In training or in combat, alone or with others, while evading capture or enduring captivity, this duty belongs to each American defending our nation regardless of circumstances.
Article II
a. I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.
b. As an individual, a member of the armed forces may never voluntarily surrender. When isolated and no longer able to inflict casualties on the enemy, the American soldier has an obligation to evade capture and rejoin friendly forces.
c. Only when evasion by an individual is impossible and further fighting would lead only to death with no significant loss to the enemy should one consider surrender. With all reasonable means of resistance exhausted and with certain death the only alternative, capture does not imply dishonor.
d. The responsibility and authority of a commander never extends to the surrender of a command to the enemy while the command has the power to fight and evade. When isolated, cut off, or surrounded, a unit must continue to fight until relieved or able to rejoin friendly forces through continued efforts to break out or evade the enemy.
Article III
a. If I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.
b. The duty of a member of the armed forces to use all means available to resist the enemy is not lessened by the misfortune of captivity. A POW is still legally bound by the Uniform Code of Military Justice and ethically guided by the Code of Conduct. Under provisions of the Geneva Convention, a prisoner of war is also subject to certain rules imposed by the captor nation. When repatriated, a prisoner of war will not be condemned for having obeyed reasonable captor rules, such as sanitation regulations. The duty of a member of the armed forces to continue to resist does not mean a prisoner should engage in unreasonable harassment as a form of resistance, retaliation by captors to the detriment of that prisoner and other prisoners is frequently the primary result of such harassment.
c. The Geneva Convention recognizes that a POW may have the duty to attempt escape. In fact, the Geneva Convention prohibits a captor nation from executing a POW simply for attempting escape. Under the authority of the senior official (often called the senior ranking officer, or SRO), a POW must be prepared to escape whenever the opportunity presents itself. In a POW compound, the senior POW must consider the welfare of those remaining behind after an escape. However, as a matter of conscious determination, a POW must plan to escape, try to escape and assist others to escape.
d. Contrary to the spirit of the Geneva Convention, many enemies who have captured American POW's since 1950, have regarded the POW compound as an extension of the battlefield. In doing so, they have used a variety of tactics and pressures, including physical and mental mistreatment, torture and medical neglect, to exploit POWs for propaganda purposes, to obtain military information or to undermine POW organization, communication and resistance.
e. Such enemies have attempted to lure American POWs into accepting special favors or privileges in exchange for statements, acts or information. Unless it is essential to the life or welfare of that person or another prisoner of war or to the success of efforts to resist or escape, a POW must neither seek nor accept special favors or privileges.
f. One such privilege is called parole. Parole is a promise by a prisoner of war to a captor to fulfill certain conditions such as agreeing not to escape nor to fight again once released—in return for such favors as relief from physical bondage, improved food and living conditions or repatriation ahead of the sick, injured or longer–held prisoners. An American POW will never sign nor otherwise accept parole.
Article IV
a. If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information nor take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not I will obey the lawful orders of those appointed over me and will back them up in every way.
b. Informing or any other action to the detriment of a fellow prisoner is despicable and is expressly forbidden. Prisoners of war must avoid helping the enemy identify fellow prisoners who may have knowledge of particular value to the enemy and who may, therefore, be made to suffer coercive interrogation.
c. Strong leadership and communication are essential to discipline. Discipline is the key to camp organization, resistance and even survival. Personal hygiene, camp sanitation and care of sick and wounded are imperative. Officers and non-commissioned officers of the United States must continue to carry out their responsibilities and exercise their authority in captivity. The senior, regardless of service, must accept command. This responsibility and accountability may not be evaded.
d. If the senior is incapacitated or is otherwise unable to act, the next senior person will assume command. Camp leaders should make every effort to inform all POWs of the chain of command and try to represent them in dealing with enemy authorities. The responsibility of subordinates to obey the lawful orders of ranking American military personnel remains unchanged in captivity.
e. The Geneva Convention Relative to Treatment of Prisoners of War provides for election of a "prisoners' representative" in POW camps containing enlisted personnel but no commissioned officers. American POWs should understand that such a representative is only a spokesman for the actual senior ranking person. Should the enemy appoint a POW chain of command for its own purposes, American POWs should make all efforts to adhere to the principles of Article IV.
f. As with other provisions of this code, common sense and the conditions of captivity will affect the way in which the senior person and the other POWs organize to carry out their responsibilities. What is important is that everyone support and work within the POW organization.
Article V
a. When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.
b. When questioned, a prisoner of war is required by the Geneva Convention and this code to give name, rank, service number (Social Security number) and date of birth. The prisoner should make every effort to avoid giving the captor any additional information. The prisoner may communicate with captors on matters of health and welfare and additionally may write letters home and fill out a Geneva Convention "capture card."
c. It is a violation of the Geneva Convention to place a prisoner under physical or mental duress, torture or any other form of coercion in an effort to secure information. If under such intense coercion, a POW discloses unauthorized information, makes an unauthorized statement or performs an unauthorized act, that prisoner's peace of mind and survival require a quick recovery of courage, dedication and motivation to resist anew each subsequent coercion.
d. Actions every POW should resist include making oral or written confessions and apologies, answering questionnaires, providing personal histories, creating propaganda recordings, broadcasting appeals to other prisoners of war, providing any other material readily usable for propaganda purposes, appealing for surrender or parole, furnishing self-criticisms and communicating on behalf of the enemy to the detriment of the United States, its allies, its armed forces or other POWs.
e. Every POW should also recognize that any confession signed or any statement made may be used by the enemy as a false evidence that the person is a "war criminal" rather than a POW. Several countries have made reservations to the Geneva Convention in which they assert that a "war criminal" conviction deprives the convicted individual of prisoner-of-war status, removes that person from protection under the Geneva Convention and revokes all rights to repatriation until a prison sentence is served.
f. Recent experiences of American prisoners of war have proved that, although enemy interrogation sessions may be harsh and cruel, one can resist brutal mistreatment when the will to resist remains intact.
g. The best way for a prisoner to keep faith with country, fellow prisoners and self is to provide the enemy with as little information as possible.
The wordings of the current oath of enlistment and oath for commissioned officers are as follows:
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
(Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."
(DA Form 71, 1 August 1959, for officers.)
Nowhere does the oath say, "only until I feel like disagreeing with current policies or finding that I don't like what those over me want me to do."
c. "It is a violation of the Geneva Convention to place a prisoner under physical or mental duress, torture or any other form of coercion in an effort to secure information." If under such intense coercion, a POW discloses unauthorized information, makes an unauthorized statement or performs an unauthorized act, that prisoner's peace of mind and survival require a quick recovery of courage, dedication and motivation to resist anew each subsequent coercion.
c. "It is a violation of the Geneva Convention to place a prisoner under physical or mental duress, torture or any other form of coercion in an effort to secure information." If under such intense coercion, a POW discloses unauthorized information, makes an unauthorized statement or performs an unauthorized act, that prisoner's peace of mind and survival require a quick recovery of courage, dedication and motivation to resist anew each subsequent coercion.
Isn't this precisely what we are doing at Gitmo?
The Obama administration chose to follow Bush-era policy that classified detained Taliban and Al Qaeda operatives as “unlawful enemy combatants.” By doing so, the detainees were not entitled to the same protections a POW would have under the Geneva Convention. (As a matter of practice, the U.S. still afforded the detainees many of the same rights, but specifically chose not to give them POW status.)
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