By Col. Rob Maness, USA ret
STARRS Board of Advisors
As a retired U.S. Air Force Colonel with 32 years of service—from enlisted Explosive Ordnance Disposal technician to B-1 Bomber Squadron Commander, Vice Wing Commander, Wing Commander, and nuclear operations leader—I have commanded in combat zones, survived the 9/11 Pentagon attack, and dedicated my life to defending the Constitution.
The bedrock of our military is the principle of lawful orders. This principle is not optional.
That is why I am deeply troubled by the ongoing thread from Stuart Scheller on July 26, 2025, detailing reinstatement for vaccine mandate victims, and the responses, including Dr. Chase Spears’ demand for accountability.
I strongly oppose Attorney Timothy Parlatore’s defense of commanders—blaming The Judge Advocate Generals (TJAGs) and claiming good-faith reliance shields GOFOs—because it is dangerously misguided.
From my command experience, I know that orders profoundly affect lives. The aggressive enforcement of the vaccine mandate—through career threats, violations of the Religious Freedom Restoration Act (RFRA), and coercion—breached ethical standards.
Veterans and active-duty members have courageously testified that the mandate crushed their freedoms, expelled expertise, and harmed readiness.
Without accountability, this sets a dangerous precedent for future political overreach, killing morale. Doubtful orders breed hesitation, which can be fatal in battle. The mandate politicized the ranks, reportedly purging conservative, thoughtful servicemembers and worsening the crises.
On my show, I have hosted whistleblowers and vaccine-injured service members, victims of both anthrax and COVID mandates—honorable Americans whose careers were shattered, health compromised, and justice denied.
Parlatore’s stance ignores this suffering. If commanders blindly follow flawed advice, who guards the guards? The Uniform Code of Military Justice (UCMJ) demands discernment; good-faith reliance on legal advice is not a get-out-of-jail-free card when rights are trampled.
Recall August 2021: Secretary Austin mandated the vaccine post-FDA approval of Comirnaty, citing readiness precedents like anthrax. Proponents claimed it was necessary for pandemic protection amid disrupted operations.
However, it sparked fierce backlash: 8,400 were discharged, exemptions were denied arbitrarily, violating the RFRA.
Critics highlighted the experimental Emergency Use Authorization (EUA) status; courts cited Jacobson v. Massachusetts (1905), but settlements like the Department of Defense’s $1.8 million in 2023 fees exposed flaws.
The mandate was rescinded via the 2023 National Defense Authorization Act (NDAA) due to recruiting hits, but reinstatements now falter from distrust.
Parlatore attributes blame to TJAGs for deeming the mandate legal, asserting that general and flag officers (GOFOs) had “no choice” but to comply, and that charges would fail without intent, and that firing TJAGs is sufficient accountability.
This is inaccurate and harmful. Commanders are not compelled to follow TJAG guidance; they must verify the lawfulness independently. Reliance on legal advice does not absolve them if the mandate is unlawful—ultimate accountability rests with commanders. This is not semantics; it is core to preventing abuses of immense command position powers.
Spears rightly pushes back, arguing that unaccountable “lawbreaking commanders” undermine the UCMJ, where only lawful orders demand obedience. This makes service unpalatable for young Americans.
Scheller’s post provides a candid snapshot of reinstatement under President Trump’s January 2025 executive order. He distinguishes involuntary separations (738 interested, 17 reinstated) from voluntary ones (41 interested, 3 returned), explains backpay deductions, and notes no denials since May 2025.
Scheller admits flaws but insists on moving forward without retribution against commanders for “illegally enforcing” the vaccine, urging applications via recruiters or DoD email. Informed by his own 2021 ordeal—solitary confinement after criticizing Afghanistan operations leading to court-martial—he now advises under Secretary Pete Hegseth, championing reforms.
Commanders are not bound by TJAG advice; they decide and own the consequences. “JAGs advise, commanders decide” is not just a slogan—it’s reality. Excusing the enforcement of an unlawful mandate perpetuates injustice and erodes trust.
Systemic fixes—such as better exemptions, oversight, and ethics training—are insufficient without holding individuals accountable for egregious actions.
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Rob Maness is a retired Air Force Colonel, a former wing and squadron commander, veteran of the Iraq and Afghanistan wars, a survivor of the 9/11 Pentagon Attack, CEO and Owner of Iron Liberty Group LLC, and Host of the Rob Maness Show.
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