UCMJ Article 88 - Contempt Toward Officials Punitive Articles of the UCMJ

thebalancecareers.com ^ | December 28, 2018 | Rod Powers

[ransomnote]

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. The exact words of the Uniform Code of Military Justice Article 88 - Contempt Toward Public Officials states: “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.”

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 1950'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. 

What Determines Contempt Toward Officials

(1) That the accused was a commissioned officer of the United States armed forces;

(2) That the accused used certain words against an official or legislature named in the article;

 

(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and

 

(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used. Note: If the words were against a Governor or legislature, add the following element

 

(5) That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.

MORE AT LINK

 

 

[ransomnote]

In the thread below, Article 2 of the Uniform Code of Military Justice details to whom Article 88 applies. The list of persons under this code includes active military, National Guard, retired members of the armed forces entitled to pay [Mattis?, Kelly?], Public Health when assigned to and serving with the military, etc.

CBS Senior Investigative Reporter Catherine Herridge tweets Article 2 and Article 88 of Uniform Code of Military Justice Regarding "CONTEMPT TOWARD OFFICIALS"
Twitter ^ | June 6, 2020 | Catherine Herridge @CBS_Herridge

 

[Sequoyah101]

Yeah, so? It is a law. We’ve given up on following laws. We are into anarchy now.

[AndyJackson]

Have they taken the knee and apologized for their white privilege?

[veracious]

Mankind has decided they don’t have to follow YHVH (God) law. So, why should they have to follow man’s law? Absolute Duh.

[centurion316]

Major General (Retired) James Grazioplane, a Vice President of DynCorp was charged with several counts of rape of a minor child. The minor was his daughter. The Army recalled him to active duty and intended to try him by Court Martial. However, the Court of Military Appeals ruled that the statue of limitations had expired and that the Army could not proceed with a Court Martial. He was arrested by Prince County, VA authorities and is in jail awaiting trial.

A soldier who worked for me was conducting espionage against the U.S. and NATO for the Hunarians. He had retired before the crime was discovered. The Army could have recalled him to Active Duty and tried him by Court Martial, but he was living in West Germany and we had no extradiction treaty with the Federal Republic of Germany. He was tried by the German Government and sentenced to life. He died in prison.

So, this can happen, but it is remarkably rare and as far as I know, has never been done for a crime committed after the date of retirement. Never is a big word, so someone may be able to cite an exception. Mattis and Kelly will never be charged with violation of Art 88.

[aimhigh]

Signing up for employment with any employer results in the same threat of firing for badmouthing your bosses.

[ransomnote]

Welp, I just realized that Catherine Herridge’s tweet (see post #1) re US Military code was actually the black hat sending a warning to white hats. The MSM is a faithful servant of the Deep State and all things coup, after all.

I did wonder why a CBS investigative correspondent would post the military code referring to “contempt of officials” and hi-light to whom it applied. CBS has done all it can to get the POTUS thrown out of office.

I thought it odd that with treason in the air (e.g., Mattis, Kelly), she would be investigating military law regarding “contempt of officials”. Why not investigate military law regarding treason?

It’s curious also that she highlighted the groups impacted, including cadets, public health, NOAA etc. Why hi-light those?

Now I realize that the Deep State is using her to signal that this military code could be applied to those who criticize members of congress (Pelosi, Schiff et. al) and Governors like Cuomo who work to destroy our economy, send Covid-19 patients to convalescent facilities, make pointless mask rules and quarantines, arrest people for walking in a park etc. during quarantine, enact authoritarian measures etc.

She literally uses hi-lighter to show cadets and reserves are subject to this code, so it’s likely white hats have sons/daughters or family members in the military who the deep state is pointing to. That could be occurring now - some cadets in some mil branches being threatened (or soon to be threatened) for saying, “I can’t believe what Cuomo did to those people in elderly care facilities. It’s murder!”

All those hi-lighted must be representative of people disgusted by official Dem behavior re Covid-19 and many are likely family or connected to white hats working to drain the swamp. Deep State CBS wants stop them and/or punish them for speaking out.

There’s Mattis and Kelly, trying to kneecap the POTUS and overthrow the government, and there’s Cathering Herridge warning that white hats have flesh in the game too. The Deep State’s gotta be desperate, especially if convictions are said to be rare, penalties mild etc.

That’s a nice slice of deep state PANIC right there. President Trump is WINNING!

[bitt]

p

[Jumper]

Our Secretary of Defense, Mark Esper, is sixth in line to the succession of the Presidency. He is also one of four or five civilian Courts Martial Convening Authorities.

In Executive Order 13533 of March 1, 2010, President Barack Obama modified the line of succession regarding who would act as the secretary of defense in the event of a vacancy or incapacitation, thus reversing the changes made by President George W. Bush in Executive Order 13394.