Former Specialist Michael G. New’s case established that lawfulness isn’t an element of the offense of violation of a lawful order, but rather is a matter to be determined by the military judge. United States v. New, 55 M.J. 95 (C.A.A.F. 2001).
Now, former Specialist New is seeking to overturn his conviction based largely on a Presidential Decision Directive that was declassified in 2009. The petition was filed with the Army Court of Criminal Appeals. A news release describing the petition is available here. The petition is available here and the brief in support is available here.