Did the Generals Violate Military Law with Their Criticisms?
Not surprisingly, military institutions do not look kindly upon public criticism of superiors in the chain of command. This position is amply reflected in the U.S. Uniform Code of Military Justice (“UCMJ”), which, though enacted by Congress, reflects the long-standing values of the American military establishment. Criticism of the president or the secretary of defense by a commissioned officer falls under Art. 88 of the UCMJ, which states that: Any commissioned officer who uses contemptuous words against the 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 he is on duty or present shall be punished as a court-martial may direct. The first issue to address is whether the criticism in question constitutes “contemptuous words”. There may be room under Art. 88 for military officers to express reasoned disagre
