No, Sir: Can a Military Doctor Be Prosecuted for Refusing an Order from the President?

President Trump’s COVID-19 diagnosis in October 2020 raised the profile of the military doctor who serves as the White House physician. The situation of a uniformed servicemember providing medical care to the nation’s Commander-in-Chief raises a novel question involving military hierarchy and medical ethics: is the doctor obligated under military law to follow the President’s orders regarding medical care (e.g., to provide a medication like hydroxychloroquine)? An analysis of military law, including the Uniform Code of Military Justice and the Manual for Courts-Martial, reveals that it would be difficult to prosecute a military physician who conscientiously declines to follow the President’s orders. Potential weak points in such a prosecution include the President’s authority to issue direct orders to servicemembers, the legality of medical orders by the President/patient, and whether or not the President’s direct involvement creates an intolerable appearance of unfairness.