Posted on May 31, 2017
Does UCMJ Article 88 apply when Commissioned Officers are speaking about individual members of Congress?
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“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.”
Posted >1 y ago
Responses: 30
SFC Kelly Fuerhoff
SSG Ray Murphy - What applies? There's a big difference between heroin and heroine.
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SFC Kelly Fuerhoff
I just can't get past glaring errors like that. I've always been a writer. I have a Journalism degree. I make my fair share of errors due to social media writing but some things are just too much for me. :D
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SSG Eldon Eldred
That DD214 after picture needs updating. Needs to add at least 20 lbs to round out that smile.
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Relax. Only one retired service member has ever been court martialed for political speech, and it was over 100 years ago, and he was acquitted. And the Manual for Courts Martial and Army policy narrow the scope of Article 88 significantly. Even for active duty, the comments would have to be personally contemptuous versus contemptuous of their job performance.
https://www.lawfareblog.com/law-retired-military-officers-and-political-endorsements-primer
https://www.lawfareblog.com/law-retired-military-officers-and-political-endorsements-primer
The Law of Retired Military Officers and Political Endorsements: A Primer
Among the many novel features of the 2016 presidential election campaign is the increasingly visible participation of former military officers in the political process. Below is a brief primer on the legal status of retired service members, and the statutes and rules which govern their participation in politics.
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SSG Edward Tilton
Probably the two first MOHs awarded to blacks were two Marines, Cpl Charles Brown and Pvt Purdy for their bravery in Korea in 1871. Their Commander Cpt. MacLane Tilton knew the Navy would not recommend the award to Negroes, he listed their race as Unkown
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SFC Joseph Weber
Capt Jeff S. - Why would it be on President Obama to prove anything else. He proved he was born in the United States, he served eight years as President, he is now retired. All normal people, the Trumpinator included, finally admitted that he is an American Citizen. Sort of like flat earthers. No matter the proof against they still claim one has proven anything.
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Capt Jeff S.
MAJ (Join to see) - Do you mean like Joe Biden did? After vote counts were halted in key Swing States, in the middle of the night, while poll workers were sent home, with the help of mail-in ballots that couldn't be tracked, that erased Trump's lead and gave 81 million votes [even more than Obama got] to Biden?
FYI, the number of votes that can't be validated far exceeds Biden's narrow margin of victory. To those that argue Trump didn't win, when he got more votes than he did in 2016, I challenge you to prove Biden got 81 million legitimate votes.
Our gov't failed this country when it allowed the Democrats to get away with stealing elections in Georgia, giving the Democrats the majority in the Senate, and stealing the General Election. Truth be told, while Trump was filling stadiums and outdoor venues to capacity, Biden hid in his basement and was shielded by the press, which propped him up. And now that he has become a real liability (calling for Putin's ouster, telling our troops that they'll be in Ukraine, etc. etc. ad nauseum), the media is now turning on Joe Biden.
He has become such a liability to the Democratic Party that the media is now having to distance itself from the Biden Crime Family and begin reporting the truth. They don't want to go down with Biden's ship, which is sinking fast. Hunter may be on his way to jail, Biden may get impeached, and the Democratic Party most certainly is going down the tubes. Everything the Democrats stand for is TOXIC.
The public is waking up to Woke, Cancel Culture being pushed by Progressive Democrat Socialists and isn't buying it anymore. FL for the first time in history has more registered Republicans than registered Democrats! Informed voters do not vote for the Party of Corruption that gave us the likes of Bill Clinton, Hilary Clinton, and Barack Obama [who all have real skeletons in their closets!]... as well as Joe Biden, Nancy Pelosi, Chuck Schumer, Adam Schiff, Jerry Nadler, Maxine Waters, and the Squad. How is it even possible to get so many CRIMINALLY INCOMPETENT CROOKED POLITICIANS together under one banner?
FYI, the number of votes that can't be validated far exceeds Biden's narrow margin of victory. To those that argue Trump didn't win, when he got more votes than he did in 2016, I challenge you to prove Biden got 81 million legitimate votes.
Our gov't failed this country when it allowed the Democrats to get away with stealing elections in Georgia, giving the Democrats the majority in the Senate, and stealing the General Election. Truth be told, while Trump was filling stadiums and outdoor venues to capacity, Biden hid in his basement and was shielded by the press, which propped him up. And now that he has become a real liability (calling for Putin's ouster, telling our troops that they'll be in Ukraine, etc. etc. ad nauseum), the media is now turning on Joe Biden.
He has become such a liability to the Democratic Party that the media is now having to distance itself from the Biden Crime Family and begin reporting the truth. They don't want to go down with Biden's ship, which is sinking fast. Hunter may be on his way to jail, Biden may get impeached, and the Democratic Party most certainly is going down the tubes. Everything the Democrats stand for is TOXIC.
The public is waking up to Woke, Cancel Culture being pushed by Progressive Democrat Socialists and isn't buying it anymore. FL for the first time in history has more registered Republicans than registered Democrats! Informed voters do not vote for the Party of Corruption that gave us the likes of Bill Clinton, Hilary Clinton, and Barack Obama [who all have real skeletons in their closets!]... as well as Joe Biden, Nancy Pelosi, Chuck Schumer, Adam Schiff, Jerry Nadler, Maxine Waters, and the Squad. How is it even possible to get so many CRIMINALLY INCOMPETENT CROOKED POLITICIANS together under one banner?
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Capt Jeff S.
SFC Joseph Weber - Proved he was born in the US with what? Computer generated forgeries? Sheriff Joe Arpaio investigated his eligibility and independent forensic labs concluded that the documents Obama used to establish his identity and eligibility were not scans of original documents, but rather were generated on a computer and human intervention was involved.
https://wtpotus.wordpress.com/2012/03/05/obamas-selective-service-card-fraud-bombshell/
Truth be told, Obama was elected with the aid of election fraud. The Clintons were the first to question his eligibility. Both Hillary's and Obama's campaigns forged signatures to get their names on the ballot in all 50 states; however, when the fraudulent votes were removed, Hillary still had enough votes but Barack did not have enough in all the States (for ex: he didn't have enough in Indiana to get his name on the ballot after the forged signatures were removed but his name appeared on the ballot anyway) and would have been a write in candidate, which would have surely made him lose to Clinton.
https://www.foxnews.com/politics/officials-found-guilty-in-obama-clinton-ballot-petition-fraud
But those who hold sway over the DNC leaders decided that Obama was going to represent the Party in the General Election and Clinton was forced to step aside. She was promised her turn would come after Obama and it would be her job to clean up the mess he left behind (i.e., destroy all evidence and bury all those implicating Obama in the myriad of scandals that he was involved in), which is Hillary's area of expertise!
https://wtpotus.wordpress.com/2012/03/05/obamas-selective-service-card-fraud-bombshell/
Truth be told, Obama was elected with the aid of election fraud. The Clintons were the first to question his eligibility. Both Hillary's and Obama's campaigns forged signatures to get their names on the ballot in all 50 states; however, when the fraudulent votes were removed, Hillary still had enough votes but Barack did not have enough in all the States (for ex: he didn't have enough in Indiana to get his name on the ballot after the forged signatures were removed but his name appeared on the ballot anyway) and would have been a write in candidate, which would have surely made him lose to Clinton.
https://www.foxnews.com/politics/officials-found-guilty-in-obama-clinton-ballot-petition-fraud
But those who hold sway over the DNC leaders decided that Obama was going to represent the Party in the General Election and Clinton was forced to step aside. She was promised her turn would come after Obama and it would be her job to clean up the mess he left behind (i.e., destroy all evidence and bury all those implicating Obama in the myriad of scandals that he was involved in), which is Hillary's area of expertise!
Obama’s Selective Service Card Fraud: Bombshell!
Bridgette@ WTPOTUS It’s the Law! Fraudulent Document Precludes Obama from Holding Office! 4 4 One of our readers, Gordo, provided a link to “Bombshell” information that is foun…
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SSG Charles La Porte (RET)
That sucks. Never before have I wanted to tell some of these politicians to F off so bad.
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Capt Jeff S.
1stSgt Nelson Kerr - (4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
I don't think there's any mention of officers specifically. It's ALL retirees. But the precedent of not pursuing litigation against people exercising their 1st Amendment right to free speech seems to have won out... at least for now.
If the Woke Mob/Cancel Culture Democrats somehow manage to maintain their grip on power and continue to shred the Constitution and infringe on our rights as free citizens, then maybe yeah, they'll start prosecuting retirees that dare speak out against their corruption.
As it is, this country is reeling from the consequences of a STOLEN election. Did Biden really get 81 million legitimate votes? Inquiring minds want to know how a senile old man that hid in his basement while Trump was out campaigning and filling stadiums and outdoor venues to capacity could manage to get more votes than Obama, while Trump (who had even more votes than he did when he beat Hillary in 2016) saw his comfortable lead in the evening disappear overnight, after the vote counts were halted in key Swing States, and counting was resumed after poll watchers were sent home. Figure the odds!
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
I don't think there's any mention of officers specifically. It's ALL retirees. But the precedent of not pursuing litigation against people exercising their 1st Amendment right to free speech seems to have won out... at least for now.
If the Woke Mob/Cancel Culture Democrats somehow manage to maintain their grip on power and continue to shred the Constitution and infringe on our rights as free citizens, then maybe yeah, they'll start prosecuting retirees that dare speak out against their corruption.
As it is, this country is reeling from the consequences of a STOLEN election. Did Biden really get 81 million legitimate votes? Inquiring minds want to know how a senile old man that hid in his basement while Trump was out campaigning and filling stadiums and outdoor venues to capacity could manage to get more votes than Obama, while Trump (who had even more votes than he did when he beat Hillary in 2016) saw his comfortable lead in the evening disappear overnight, after the vote counts were halted in key Swing States, and counting was resumed after poll watchers were sent home. Figure the odds!
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