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Kalkines Warnings After Shows v. Treasury: What Feds Must Know

ethics in government federal employment mindfulness at work mspb appeals unlawful orders Dec 01, 2025

When a headline suggests the Pentagon may have crossed the line into a war crime, the instinctive reaction many federal employees feel isn’t just shock — it’s recognition. Because beneath the military context lies a question every civil servant eventually faces: What happens when leadership pushes up against the limits of the law?

When an Order Becomes Unlawful

The recent reporting involving a suspected drug-interdiction strike near Venezuela — and allegations that a second strike was ordered solely to eliminate survivors — has triggered bipartisan calls for investigation. The Pentagon denies the account. Facts will be gathered, tested, and contested. But the legal principle at the center of the controversy is not new: under the law of armed conflict, once individuals are defenseless or attempting to surrender, lethal force is prohibited. A “no quarter” order — one designed to leave no survivors — has long been treated as unlawful.

For federal employees outside the military, the takeaway is not about battleships or Venezuela. It is about the boundary between mission execution and legal peril. Unlawful orders are not a distant concept. They appear in quieter forms: pressured performance ratings, retaliatory directives, decisions that sidestep statutory requirements, or demands that feel profoundly misaligned with merit-system principles.

Your Duty When the Line Feels Close

Service members are trained that they have a duty to refuse an order that is clearly unlawful. Civilian federal employees operate under different statutes, but the core expectation is similar: you are not required to carry out a directive that violates law, regulation, or established policy. Still, the real tension is emotional as much as legal. Most employees are not worried about war-crime tribunals — they’re worried about losing their jobs, their clearances, or their livelihoods.

That fear is human. But stepping back is essential. When something feels “off,” the next move is not defiance — it’s grounding yourself, slowing the moment, and creating a record. Document what was said, what was directed, and why it concerns you. Quiet clarity protects both your career and your integrity.

Oversight Still Works — Even When It Feels Like Nothing Does

One reason this story is resonating so strongly in federal workplaces is that it breaks the illusion that accountability is gone. In fact, the opposite is happening: oversight committees are demanding answers, records are being preserved, and investigations are underway. That institutional response matters. It is the same system you rely on when you raise concerns inside your own agency.

When you feel that uneasy tug — the sense that you are being pushed into territory that is legal today but unlawful tomorrow — remember that you are not the first federal employee to ask these questions, and you will not be the last. Good public servants think this way.

What You Can Do Right Now

If you ever receive a directive that feels questionable, your first steps are simple and protective:

Pause and re-center before reacting.
Document what you were told and by whom.
Seek confidential guidance from a qualified attorney, experienced steward, or trusted union representative.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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