Common Sense with Dan Carlin

Episode 325 – Who’s the Boss?
Date: November 24, 2025
Host: Dan Carlin

Episode Overview

In this urgent episode, Dan Carlin breaks his hiatus to address what he believes is an existential threat to core American safeguards: the principle that U.S. military personnel must refuse to follow illegal orders. Sparked by recent incendiary statements from the President in reaction to a video by six Democratic lawmakers—who reminded service members of their legal obligations—Carlin draws historical parallels, examines legal precedents, and warns listeners to focus on what truly matters beneath the noise of modern politics.

Key Discussion Points & Insights

The Context: Dangers of Undermining Safeguards

• Carlin opens with an international example: the sentencing of a former Bangladeshi leader to death for military repression (00:01). He underscores how American institutions are designed to prevent such abuses of power.
• He expresses concern over current trends in the U.S., suggesting that foundational protections are being “chipped away,” pulling him from historical research back into the podcast booth.

Flooding the Zone with Distraction

• References Steve Bannon’s idea of “flooding the zone with crap” (02:00), warning that manufactured scandals distract from the “diamonds in the rough”— truly vital threats to democracy and rule of law.
• Urges listeners to differentiate between manufactured outrage and real structural threats (04:00).

The Catalyst: Six Lawmakers, One President, and a Firestorm

• Six Democratic lawmakers with military/intelligence backgrounds post a video reminding military personnel of their duty to refuse illegal orders (07:00).
• The President reacts with violent rhetoric, suggesting such lawmakers are “seditious,” “traitors,” and advocating for extreme punishment—even death (10:00).
• Carlin notes, “Even if he's joking… attempt[s] to weaken the safeguards that protect us … well, that's wheat, not chaff. That's something that drags me away from events 23 or 2,400 years ago.” (04:20)

Civilian Control of the Military: The Fundamental Firewall

• Explains the U.S. tradition of military subordination to civilian authority, and why attempts to co-opt the military for partisan purposes are so dangerous (15:00).
• Stresses this isn’t about party: “If you're not worried about the current president… imagine in the hands of the people you are most afraid of. That's the proper way to view these things.” (17:15)

Historic and Legal Precedents

• Details the famous “superior orders” or “Nuremberg Defense”—after WWII, Nazi officers were held responsible for illegal acts, even when “just following orders.” (20:00)
• References American legal history, including the Uniform Code of Military Justice (UCMJ), cases from the War of 1812, the My Lai massacre, and United States v. Keenan (30:00–47:00).
• Key takeaway: U.S. soldiers are agents of reason, not automatons. They are legally and morally required to use judgment and refuse criminal orders.

Memorable Court Language on Obedience and Judgment

• Cites U.S. v. Keenan (44:20):
  “A Marine is a reasoning agent, who is under a duty to exercise judgment in obeying orders… where such orders are manifestly beyond the scope… and are palpably illegal…”
• Carlin emphasizes: “You are not a robot. The key element… is when the court says that a Marine is a reasoning agent, in other words, not an automaton.” (44:00)

The Oath of Enlistment: The “Out Clause”

• Breaks down the wording of the U.S. Army oath:
  “…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.” (53:00)
• Points out this structure places the Constitution and the law above any one leader.

Notable Quotes & Memorable Moments

• On "flooding the zone with crap":
  “They don’t want you to see the important thing, so they throw up all kinds of unimportant things to distract you...” (02:30)
• On presidential responsibility:
  “Criticizing the president is as American as apple pie. It’s the national sport and always has been.” (24:30)
• On the real power dynamic:
  “You may say, well, he's the president. He controls the country. No, he doesn't. We do. The country belongs to Americans. The military is ours, not his.” (27:50)
• Court language (U.S. v. Keenan):
  “A Marine is a reasoning agent...where such orders are manifestly beyond the scope of authority, and are palpably illegal... obliged to refuse.” (44:20)
• On the purpose of military refusal:
  “If our military does what they've always been told they have to do…if they simply do that, they're somehow seditious and treasonous, or if somebody reminds them that they're supposed to do that they're seditious and treasonous?” (32:30)

Presidential Posts Example (paraphrased by Carlin)

• “[The lawmakers’] words cannot be allowed to stand. Seditious behavior from traitors. Lock them up. Seditious behavior punishable by death... An example must be set.” (11:10)

Timestamps for Major Segments

• 00:01 – 04:00: International context & American safeguards
• 04:00 – 07:00: Flooding the zone with distractions
• 07:00 – 12:00: The lawmakers’ video and Trump’s response
• 12:00 – 19:00: Civilian vs. military control – central American principle
• 20:00 – 30:00: Historical precedents: Nuremberg, My Lai
• 31:00 – 47:00: U.S. v. Keenan: details, judgment, and court language
• 47:00 – 54:00: The military oath, the UCMJ, and real-world implications
• 54:00 – End: Why this episode is a “red alert” moment and final warning

Tone & Takeaways

Carlin’s style is passionate, urgent, educational, and peppered with wry humor—a “forward-thinking pragmatist” deeply concerned that the American tradition of lawful, civilian-controlled military must not be eroded by political theatrics or authoritarian temptations.

Final message:
Don't be distracted by surface drama. The real firewalls that keep America free are being tested. The obligation of military personnel to refuse illegal orders is a line that must not be crossed, no matter who occupies the White House.

Useful for:
Anyone seeking context on the debate about presidential power, military obedience, American legal precedent—and why Carlin views this moment as a “giant red alert.” This summary preserves both the substance and the urgency of Carlin’s original delivery.