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To: Personal Responsibility

Article 88, UCMJ deals with “Contempt Toward Officials” and specifically includes the President, but one of the elements is that the accused is a commissioned officer, which this marine isn’t.

“Stupid on Station” comes to mind.

Colonel, USAFR


24 posted on 03/22/2012 12:28:46 PM PDT by jagusafr ("Write in Palin and prepare for war...")
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To: jagusafr

Enlisted personnel who diss the POTUS get nailed under the catchall Article 134 UCMJ.

For officers, yes, it’s Article 88 UCMJ “contempt toward [elected] officials”, and it got used during the Clinton years. I reentered active service in 1994 as a warrant officer and almost as soon as I joined my new unit the commander warned me, “Chief, I know you’re a Vietnam vet but be careful what you say about Pres. Clinton; someone may be listening and you could be court-martialed under Article 88.”

I looked up the history of Art. 88. It dates back to 1867 and was aimed at Union Army general officers seeking to run for the office of President by denigrating the incumbent (and Andrew Johnson was a rich target).

In this case, refusing to obey the lawful orders of the CIC is making a bad bet. To merely badmouth Clinton as a draft dodger usually wasn’t punished unless it was a general officer doing the badmouthing.


29 posted on 03/22/2012 12:46:56 PM PDT by elcid1970 ("Deport all Muslims. Nuke Mecca now. Death to Islam means freedom for all mankind.")
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