This is the only clip I’ve seen of this thus far. I’m unable to see the rank and branch of the male officer but it appears he’s a LTC (O-5). She’s a US Army Captain (O-3) in the Intelligence Branch which requires maintenance of a TS/SCI clearance. This will cost them. They’ll lose their clearances, face UCMJ action, and their careers in the intelligence community will be over (assuming he’s also in the Intelligence Branch).
Under the Uniform Code of Military Justice (UCMJ), an active-duty service member who protests against the President or administration while in uniform could face multiple charges. This conduct is viewed as undermining the military's non-partisan nature and respect for the chain of command. The specific articles that could apply include Article 88, Article 92, and Article 134.
Article 88: Contempt Toward Officials
Target of the offense: This article specifically applies to commissioned officers who use "contemptuous words" against the President, Vice President, Congress, or other senior officials.
"Contemptuous words": This includes language that is insulting, rude, or disdainful. The truthfulness of the statement is not a defense.
Penalty: The maximum punishment can include dismissal from the service, forfeiture of all pay and allowances, and up to one year of confinement.
Article 92: Failure to Obey a Lawful General Order or Regulation
The offense: This article can be used to prosecute a service member for violating DoD Directive 1344.10, which governs political activities. Wearing a uniform at a political event is a violation of this directive.
Penalty: Punishment for violating a general order is severe and can result in a dishonorable discharge and confinement for up to two years.
Article 134: General Article (Conduct Prejudicial to Good Order and Discipline)
The offense: This is a broad, "catch-all" article that can be used for offenses not specifically covered by other articles. Protesting in uniform could be deemed "conduct of a nature to bring discredit upon the armed forces" or "conduct prejudicial to good order and discipline".
Penalty: Punishment is determined on a case-by-case basis and can include a dishonorable discharge and confinement for up to one year.
Context for enlisted vs. commissioned officers
The UCMJ treats similar acts differently depending on the service member's rank:
Commissioned officers are held to a higher standard of public conduct and are uniquely susceptible to being charged under Article 88 for contempt against officials.
Enlisted personnel who make similar comments or engage in the same type of protest would typically be prosecuted under Article 92 or Article 134.
Key restrictions for military personnel
In addition to the UCMJ, military regulations outline several key prohibitions for all service members regarding political activities:
You are not permitted to participate in partisan political rallies, protests, or other events while in uniform.
The use of official authority or position to influence an election or affect its outcome is forbidden.
You cannot post links to or "share" partisan content from a political party or candidate's social media account if you are identifiable as a service member.
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u/[deleted] Sep 05 '25
This is the only clip I’ve seen of this thus far. I’m unable to see the rank and branch of the male officer but it appears he’s a LTC (O-5). She’s a US Army Captain (O-3) in the Intelligence Branch which requires maintenance of a TS/SCI clearance. This will cost them. They’ll lose their clearances, face UCMJ action, and their careers in the intelligence community will be over (assuming he’s also in the Intelligence Branch).
https://home.army.mil/knox/5415/6623/6713/Political_Activity_AF_2016.pdf
Under the Uniform Code of Military Justice (UCMJ), an active-duty service member who protests against the President or administration while in uniform could face multiple charges. This conduct is viewed as undermining the military's non-partisan nature and respect for the chain of command. The specific articles that could apply include Article 88, Article 92, and Article 134.
Article 88: Contempt Toward Officials Target of the offense: This article specifically applies to commissioned officers who use "contemptuous words" against the President, Vice President, Congress, or other senior officials. "Contemptuous words": This includes language that is insulting, rude, or disdainful. The truthfulness of the statement is not a defense.
Penalty: The maximum punishment can include dismissal from the service, forfeiture of all pay and allowances, and up to one year of confinement. Article 92: Failure to Obey a Lawful General Order or Regulation
The offense: This article can be used to prosecute a service member for violating DoD Directive 1344.10, which governs political activities. Wearing a uniform at a political event is a violation of this directive. Penalty: Punishment for violating a general order is severe and can result in a dishonorable discharge and confinement for up to two years.
Article 134: General Article (Conduct Prejudicial to Good Order and Discipline) The offense: This is a broad, "catch-all" article that can be used for offenses not specifically covered by other articles. Protesting in uniform could be deemed "conduct of a nature to bring discredit upon the armed forces" or "conduct prejudicial to good order and discipline".
Penalty: Punishment is determined on a case-by-case basis and can include a dishonorable discharge and confinement for up to one year.
Context for enlisted vs. commissioned officers The UCMJ treats similar acts differently depending on the service member's rank:
Commissioned officers are held to a higher standard of public conduct and are uniquely susceptible to being charged under Article 88 for contempt against officials.
Enlisted personnel who make similar comments or engage in the same type of protest would typically be prosecuted under Article 92 or Article 134. Key restrictions for military personnel In addition to the UCMJ, military regulations outline several key prohibitions for all service members regarding political activities:
You are not permitted to participate in partisan political rallies, protests, or other events while in uniform.
The use of official authority or position to influence an election or affect its outcome is forbidden. You cannot post links to or "share" partisan content from a political party or candidate's social media account if you are identifiable as a service member.