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The Law of Retired Military Officers and Political Endorsements

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  • The Law of Retired Military Officers and Political Endorsements

    A reminder for those that think I endorse Trump:

    Even as retirees, they remain bound by codes of military behavior that restrict the political participation of service members.

    Retired military officers are subject to the Uniform Code of Military Justice (UCMJ) under Article 2 of the UCMJ,which extends the jurisdiction of military law to “[r]etired members of a regular component of the armed forces who are entitled to pay.” (See the Army’s implementing regulation, AR 27-10, Military Justice, here: “Retirees are subject to the UCMJ and may be tried by court-martial for violations ... that occurred ... while in a retired status.”) Service-specific statutes and rules also define the regular components of the armed forces expansively to include retired officers.

    The most pertinent rules prohibit limited forms of contemptuous speech and require retirees to refrain from political advocacy that could be construed as an official endorsement on the part of the armed services. Article 88 of the UCMJ criminalizes “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State ...” The Manual for Courts-Martial, pt. IV, ¶ 12(c), however, narrows the scope of the offense: “If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article ... even though emphatically expressed, may not be charged as a violation ...” Further, “[t]he 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.”

    https://www.lawfareblog.com/law-reti...sements-primer
    "I don't discuss sitting presidents," Mattis tells NPR in an interview. "I believe that you owe a period of quiet."

  • #2
    Post deleted for proscribed personal insult

    ACG Staff
    Last edited by Daemon of Decay; 25 Aug 17, 20:58.
    We are not now that strength which in old days
    Moved earth and heaven; that which we are we are; One equal temper of heroic hearts
    Made weak by time and fate but strong in will
    To strive to seek to find and not to yield.

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    • #3
      Post deleted for proscribed personal insult

      ACG Staff
      Last edited by Daemon of Decay; 25 Aug 17, 20:59.
      "I don't discuss sitting presidents," Mattis tells NPR in an interview. "I believe that you owe a period of quiet."

      Comment


      • #4
        Focus on the topic, not the poster.

        ACG Staff
        Last edited by Daemon of Decay; 25 Aug 17, 21:00.
        We are not now that strength which in old days
        Moved earth and heaven; that which we are we are; One equal temper of heroic hearts
        Made weak by time and fate but strong in will
        To strive to seek to find and not to yield.

        Comment


        • #5
          Post deleted for proscribed personal insult

          ACG Staff
          Last edited by Daemon of Decay; 25 Aug 17, 21:04.
          "I don't discuss sitting presidents," Mattis tells NPR in an interview. "I believe that you owe a period of quiet."

          Comment


          • #6
            Thread closed due to repeated transgressions by multiple posters.

            ACG Staff

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            • #7
              Originally posted by Daemon of Decay View Post
              Thread closed due to repeated transgressions by multiple posters.

              ACG Staff
              Thank you Daemon, I shall take it from here.

              Massena, you seem to to have difficulty in comprehending that this is a community and that you are but one small part of it. You will learn to address your fellow members with respect or address no one at all. Take the rest of the day off to reflect on your ways. My generosity will not extend beyond that.

              Nichols, you will abide by the same rules. Your tone as of late is questionable at best. You are capable of much better. Respect thy fellow member. You will also take some time off to reflect your recent behavior.

              Shalom

              BW


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