I don't think the UCMJ applies to civilians acting as civilians, even if they are in the reserves. Does it? It's been a long time, I'm not sure on this one...
Just as an FYI, that question has been raised in lots of threads for the last 2-3 weeks.
The answer is that UCMJ applies to reservists (all classes) only while they're in the actual performance of reserve duties. However there is a little clause that a reservist can be called back to active and then be charged under UCMJ. It's not clear where or why that clause would be applied.
But the formal legalities don't really matter. Most Americans would agree that a commissioned military officer meeting with the enemy is de facto treason, traitorousness, collusion, or whatever you want to call it.
Her's what the UCMJ says:
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
....(3) Members of a reserve component while on inactive-duty training....
The UCMJ doesn't seem to apply in this case, so the fact that he was a reserve naval officer may have no bearing on the issue. There may be a Federal law that was broken, however, but not a UCMJ violation.
I believe that a reserve officer, especially if on inactive reserve, is not bound by the UCMJ when acting in a civilian capacity.
However, that civilian would be subject to the Provisions of US Code, Title 18, Part I, Chapter 45, Sec. 953- commonly k nown as the Logan Act:
Sec. 953. - Private correspondence with foreign governments
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.
This law was broken by John Kerry, slam-dunk. Note the misrepresentation of the Logan Act in the article - "...what was permissible under U.S. law, which forbids citizens from negotiating treaties with foreign governments."
The Logan Act does a whole whale of a lot more than prohibit private treaties.
The Logan Act specifically prohibits "...any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States..."
This is EXACTLY what John Kerry was up to, to the letter of the law.