Military law demands that officers respect the country and its leaders. What about retired officers? 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.
This topic received some attention in in the context of criticism of Secretary of Defense Rumsfeld by 6 retired generals. Fred Kaplan argued in a Slate. Limited criticism in the context of a political debate is permitted, as indicated by the Manual for Courts-Martial:. If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article.
This brings us to shocking remarks recently made by Maj. Paul Vallely ret. I was looking for something that one could label contemptuous. All of this said, prosecutions under Article 88 are extremely rare, and unlikely to impact Vallely, but it does point out the lack of respect he shows towards the military.
Riley ret claims that he will be coming to Washington with a huge mob to cause the present leadership to resign. Yet obviously this could only happen in the presence of a great deal of intimidation. His followers are not so coy as to dance around the topic of violence, with some even naming the calibers of the guns they claim they will bring.
Walker, Sessions, Gowdy, Jordan, Issa, will comprise a tribunal and assume positions of authority to convene investigations, recommend appropriate charges against politicians and government employees to the new U.
Obama-Era Law Brings Big Changes to UCMJ
Attorney General appointed by the new President. The U. Congress will execute appropriate legislation to convene new elections for positions vacated consistent with established constitutional requirements. Sometimes, when I daydream, I imagine I can fly, or turn invisible or shoot lightning from my fingertips.
Clearly, Riley and Vallely have stronger imaginations than I.
People read baggers and birthers forget that retired generals are a dime a dozen, and retired Colonels are thrown into the deal for free by the gross.
While attempts to muster large numbers for anti-Obama demonstrations have almost uniformly failed to achieve any real numbers at all, the suggestion of marching on Washington withmarines to remove the government sounds, shall we say, like a call for a coup. While in certain nations like Turkey and Pakistan the military has historically functioned as a guarantor of the constitution by removing presidents who were trying to set themselves up as dictators, the US has no such tradition.
Retired officers calling for a coup are inciting to treason, and the fact that they have not been rounded up demonstrates that the police state they claim Obama is presiding over does not in fact exist.
In fact some of them swore blind that Obama would never be sworn in on the very eve of that inauguration, so sure were they of their conspiracy theory. We all know how that turned out. Ironic, but to one who has been watching Truthers for the last decade, not at all surprising.
They did the same.
One of the things he gave up when he became a military officer was the ability to say whatever he wants whenever he wants. Vallely is a loud mouth but he has little to show for.When a military member is wearing the uniform and receiving a salary from the Department of Defense, that military member has essentially signed away his First Amendment rights granted by the Constitution.Science safety display posters
The main reason for this regulation is to keep military members who have access to major weapons of war to ever get involved in politics. Once they are retired or resigned their commission and a civilian citizen, they may partake in such political arguments in both written or spoken word. With the advent of social media is can be a slippery slope for military members to discuss such matters and could even be subject to UCMJ violations.
That is why you will find military members refrain from that activity or have incognito social media accounts. Prior to the UCMJ creation in the 's, this particular rule was required by military officers even before America was officially a country. In fact, the British had originally adopted it hundreds of years before America was even discovered to keep order and discipline amongst the troops against senior leaders, whether military or civilian government organizations.
Note: If the words were against a Governor or legislature, add the following element. A commissioned officer of the United States Armed Forces cannot use contemptuous words against officials of any branch of the U.
Also, you could be imprisoned for up to a year along with a forfeiture of all pay. Such a discharge from the military is equivalent to a dishonorable discharge especially if you have to spend a year in jail simply by speaking your mind to a politician. It is best to stay impartial. Because of this, sentencing for Article 88 can be used as a deterrent for others to observe since they are extremely harsh when handed down.University of michigan sociology ranking scale
The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in Article 88 at the time of the offense.
If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article. Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of contemptuous words of this kind in the presence of military subordinates, aggravates the offense.
The truth or falsity of the statements is immaterial. Dismissal, forfeiture of all pay and allowances, and confinement for 1 year. Article 89 -Disrespect toward a superior commissioned officer. By Full Bio. Rod Powers was the U. Read The Balance's editorial policies. Continue Reading.Articles 77 through of the UCMJ are known as the "punitive articles. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder.
Chapter 4 of the MCM includes, and expands on the punitive articles. The articles are broken into the following sections:. Each of the punitive articles of the UCMJ is listed below with a brief description of the offense the article covers. The list is long and fairly explanatory of the chargeable offenses of the UCMJ. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it.
Article 85 - Desertion. Article 87 - Missing movement.Rubrics for assessment mathematics study bible
Article 88 - Contempt toward officials. Article 89 - Disrespect toward a superior commissioned officer. Article 90 - Assaulting or willfully disobeying superior commissioned officer.
Article 91 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Article 93 - Cruelty and maltreatment. Article - False official statements. Article - Misbehavior of sentinel or lookout. Article a - Stalking.Sir francis bacon essays of love
Article - Larceny and wrongful appropriation. Article a - Making, drawing, or uttering check, draft, or order without sufficient funds. By Full Bio. Rod Powers was the U. Read The Balance's editorial policies.By Staff Sgt. Tomora Nance U. Army North Public Affairs May 17, During the two-day course, attendees learned about the Military Justice Act ofwhich will take effect Jan.
Photo by Staff Sgt. Tomora Nance. The course was mandatory for all Army judge advocates, and military and civilian paralegals. One of the trainers was Lt. The UCMJ is comprised of articles; articles 77 through of the UCMJ are known as punitive articles, and if violated, can result in punishment by court-martial.
The course was open to not only Army legal personnel, but to other service members as well. The act updated several crimes acknowledged by the UCMJ to include sexual offenses, credit card theft, cyber-stalking and retaliation against victims or reporters of crime.
Another change that occurred with the act was competent jurisdiction for military courts. Staff Sgt. During the training, the attendees also discussed the history and the changes to the UCMJ under the four phases.
The training not only trained lawyers, attorneys and paralegals, it also trained commanders and first sergeants.
Army North Fifth Army. Many individuals reflected on the information gained during the training.
Is POTUS using the UCMJ and MCM to Drain the Swamp?
Skip to main content Press Enter. Home : News : News. JBSA News. Photo Details Download. Army North. Military Justice Act of Uniformed Code of Military Justice. Military Justice Legislation Training Team. News Archive.In the last few months of my military career I began to feel a particular freedom, a mild one most might think, but significant to me.
Soon, I realized, I would effectively have all of the rights guaranteed to all Americans. See, when I accepted my commission as an officer inI effectively signed something away, namely my rights under the First Amendment. I did so willingly, and with full knowledge afore, but 25 years later, it was an interesting idea for me to contemplate. For the first time in a quarter of a century, I would be able to say, or write, whatever I wanted.
What had held me back all those years was a single part of the unique set of laws that cover the military, the Uniformed Code of Military Justice UCMJ. That part, known as "Article 88," defined what I could, and could not, say or write from the beginning of my career to the end. It matters today as well. Not for me so much, but for those still in uniform during this particular fecal maelstrom in our nation's political history.
And this is important, and has some historical precedent, because from the framers right up through today, there is one thing I know and support with absolute certainty: You do not want the guys with the guns to get involved in domestic politics. The text of Article 88 is brief and somewhat vague, but worth quoting in its entirety.
Now before we get into how, and why, this matters today we should note that none of this is exactly new. Old Henry was, apparently, a bit thin-skinned. He would get really teed off when people said not nice things about him. As he had a demonstrated predilection towards cutting the heads off of people he considered inconvenient, this must have carried some weight.
Over the centuries, this worked its way into the British "Articles of War" which were, more or less, adopted whole-cloth by us when we rebelled.
Our original version applied it this way: "Any officer or soldier who behaved himself with 'contempt or disrespect towards the general or generals, or commanders in chief of the continental forces, or shall speak false words, tending to his or their hurt or dishonor Only about men were ever prosecuted under these rules, the vast majority of them for cussing out depending on the war either Lincoln, Wilson, or Roosevelt.
Then, with the creation of the UCMJ inthe rules changed slightlyremoving enlisted members from the restriction and applying it only to officers.
This made sense, too, because it is officers who have the legal authority to issue independent commands. Only one officer has been prosecuted on that charge, a hapless Lieutenant in The officer corps' ethos of remaining politically neutral may have frayed, but it is still extant and more importantly, backed by an actual law. For this reason, if for no other, one should not look towards the armed forces for any sort of independent action with regard to the current administration.
But, of course, there is the flip side of the coin that should be examined.Well, americanlll and mastersshelby and I may have done just that. I posted recently asking, are we being weaned by Q? I decided to start at the beginning of the Q drops until I found something that triggered me. Guess how far I made it? All the way to 2!
What is the military code? Who has access to everything classified? The only real limitation he has is the requirement to notify congress within 48 hours that he has deployed the military.Presentation boards folding software for mac computers
And, if troops are placed into combat situations, they may remain there up to 90 days before there MUST be a declaration of war by congress. Otherwise, the president is supposed to pull the troops back or face impeachment. You are more than welcome to peruse the pages of the Title 50 US Code section 33 to verify my summation.
What about the radio call signs? You know, the phonetic alphabet. Alpha, Bravo, Charlie, Delta, Echo…etc. Many in QAnon believed this, along with common military acronyms might be the code Q asks about.
The Uniform Code of Military Justice. That damned rule book that haunted every service member. It is the equivalent to State or Federal law, but applies to the military and certain civilians who are contracted by or employed by the military and the Department of Defense.
When I first covered this Q drop months ago, I went with what most veterans were saying. But, not this time around. This document is something very special. You see, this document covers all military law, its application AND its jurisdiction. A unique attribute of this document, is that it is often edited by the President of the United States. No other individual has that authority. And, every president HAS altered it at some point since when the right to alter it was granted to the sitting president.
The MCM is the epitome of military code. The method that the military legal structure must operate as well as rights and privileges afforded to the accused, to victims, to witnesses and more are covered under the MCM.
So, if obama and the DeepState believed their illegal ventures may someday fall under the auspices of the MCM, we would probably find that he had altered it to relieve himself and others of the laws and statutes contained in it.
Well, you can see the changes he made. In truth, many presidents since have changed the code several times during their tenure. As of today, BO changed it the most amount of times. DJT has also changed it, one time. His changes set a record. It was the most sweeping and vast advancement to the MCM ever produced. Here is the link to the Executive Order and all the changes made by Trump. Scroll down past his signature to see the changes. You will also see underlined statements meaning they were added.As the clock struck midnight on Jan.
It was passed and signed into law under the Obama administration in Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website.
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