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To: reasonisfaith

You might like to do some reading here before you start slinging canards again:

http://usmilitary.about.com/cs/militarylaw1/a/milpolitics.htm

Cannot - Use contemptuous words against the officeholders described in 10 U.S.C. 888 (10 U.S.C. 888 lists the following officeholders: 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 the military member is on duty).

It’s interesting to note at this point that Article 88 of the Uniform Code of Military Justice (UCMJ) makes it a crime for commissioned officers to use contemptuous words against the above officeholders. Commissioned officers who violate this provision can be court-martialed for a direct violation of Article 88. But, what about enlisted members and warrant officers?

DOD Directive 1344.10 - POLITICAL ACTIVITIES BY MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY, extend these same requirements to all individuals on active duty. Active duty enlisted members and warrant officers who violate these provisions can be charged under Article 92 of the UCMJ, Failure to Obey an Order or Regulation.

So, what about retired members? Well, DOD Directive 1344.10 only applies to active duty, so retired enlisted and warrant officers can pretty much say anything they want concerning the above office-holders. However, Article 2 of the UCMJ specifically states that retired members are subject to the provisions of the UCMJ. Does that mean that retired commissioned officers are prohibited from using contemptious words against the above officeholders? Technically, yes. A retired commissioned officer who utters contemptuous words against the President or other designated officeholders is technically in violation of Article 88. However, DOD Directive 1352.1 - MANAGEMENT AND MOBILIZATION OF REGULAR AND RESERVE RETIRED MILITARY MEMBERS, prohibits recalling a retired military member to actively duty solely for the purpose of subjecting them to court-martial jurisdiction. Therefore, unless that retired commissioned officer was recalled to active duty for other purposes, it would not be possible to subject them to court-martial for a violation of Article 88.

parsy, the ex-military brat


38 posted on 10/30/2009 5:48:45 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

I noticed you are unable to address the specific point of my question pertaining to defense of the Constitution.

parsy, who mocks himself in every post


39 posted on 10/30/2009 5:57:56 PM PDT by reasonisfaith (When liberal ideology is put into practice it accomplishes, universally, the opposite of its claims.)
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