What is an Article 88?
Article 88 of the UCMJ states that commissioned military officers who use “contemptuous words” against the president shall be punished by court-martial. It applies to retired regular commissioned officers and those on active duty.
Can soldiers speak out against the president?
Indicative of the military’s special status, the Uniform Code of Military Justice prohibits military personnel from using “contemptuous speech” against the President and other leaders, from engaging in “conduct prejudicial to good order and discipline in the Armed Forces,” and from “conduct unbecoming an officer and a …
Can enlisted be charged with Article 88?
Commissioned officers and enlisted personnel may each be charged with violations of Articles 88 and 134, respectively, if they have used contemptuous, disrespectful, or disloyal words in content posted online.
Can the military punish retirees?
On November 20, 2020, Judge Richard J. Leon launched what might prove to be a seminal attack on military justice jurisdiction. Since the Uniform Code of Military Justice’s inception in 1950, the code has allowed the military to court-martial certain military retirees.
Do military officers serve at the pleasure of the president?
Commissioning is done to ensure the President is fully accountable for what the military does in defense of the nation, and this is why officers serve at the pleasure of the President. This binds the power and accountability of the commander-in-chief, the executive, to all military command positions.
Does UCMJ apply to retirees?
For those currently serving on active duty, the UCMJ applies. The UCMJ does not apply to veterans who were discharged before reaching 20 years of service and qualifying for a retirement. For reservists, the UCMJ applies only while on active duty or inactive duty training.
What is the military punishment for sedition?
death
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
Who is a legislature under Article 88 of the Constitution?
The 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. Neither “Congress” nor “legislature” includes its members individually.
What is the effect of Article 88 on sentencing?
Because of this, sentencing for Article 88 can be used as a deterrent for others to observe since they are extremely harsh when handed down. The 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.
What is Article 88 of the UK labour law?
Article 88, paragraph 2 – Residence Permit for employed workers without a residence visa
What is art 88 of the US Code?
10 U.S. Code § 888 – Art. 88. Contempt toward officials | U.S. Code | US Law | LII / Legal Information Institute 10 U.S. Code § 888 – Art. 88. Contempt toward officials