Contempt toward Officials

ArmyMAJretired's picture

Can anyone explain to me how an active duty officer, or even an active reservist can post extremely critical blogs and not be in violation of the UCMJ?

ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

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With all due respect
Submitted by swmbo on Wed, 10/25/2006 - 9:27pm.

ArmyMaj,

I will start by admitting that I do not know what criticism you are referring to and that I have never served in the armed forces. So, my response is only from my limited civilian perspective. I understand that in order to have an effective military, one must be able to command without question. I understand that the military is not a democracy; service personnel are simply obliged to follow orders from their superiors. And, of course, I understand that a clear chain of command is critical to military success.

Having acknowledged all of that, isn't there also something in the UCMJ that allows a service person to question an illegal order? I would prefer to have someone speak their conscience than to allow unchecked authority to lead these United States to suffer the fate and reputation of post-Nazi Germany. I mean, even in the courts, a person who commits murder in self-defense is not guilty of a crime. Doesn't the UCMJ recognize those types of defenses?

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If you and I are always in agreement, one of us is likely armed and dangerous.

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SWMBO
AF A-10's picture
Submitted by AF A-10 on Thu, 10/26/2006 - 12:14am.

I'm afraid you will find no satisfactory answers here. Many Americans feel, for some UNKNOWN reason, that military service and servants = republican. For some reason they also feel that out of uniform the rules do not change. Fortunately in the US of A, one can be very politically voiced out of uniform. And facts, which we all share, can be stated. As a reservist or active duty, out of uniform, I can say the following:
Iraq is not going well
Our predictions with respect to Iraq have been very inaccurate.

In uniform I can freely quote facts:

Our national debt has never been larger.
Our trade deficit has never been larger
Our federal budget deficit has only been larger three years: 03, 04, and 05.

The nice thing about facts is they are not partisan. I would never attack the person who is my commander in chief. I can freely reference factual information. This upsets many people in our red state. I do not quite understand why it didn't effect them seemingly at all when it was about Clinton's extramarital affair or his "wagging the dog" with cruise missiles. If ARMYMAJ spoke candidly about the Clinton years, I guarantee you he has heard many a terrible word from uniformed troops with respect to our former president. The "problem" with most of us military types is we are passionate people, whatever our views might be. That's a good thing!

Cheers!

Kevin Hack King


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Thanks, AF A-10
Submitted by swmbo on Thu, 10/26/2006 - 8:32pm.

I appreciate your answer; it clarifies a lot for me.

Irrespective of political leanings, I respect and honor the sacrifice of our men and women in the armed services. I only wish we didn't have to sacrifice them.

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If you and I are always in agreement, one of us is likely armed and dangerous.

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