US Military Personnel Warned Against Political Speech

http://washingtonpost.com/wp-dyn/articles/A4848-2000Nov29.html

By Thomas E. Ricks

Washington Post Staff Writer

Thursday, November 30, 2000; Page A35

Two major U.S. military commands, one in the Air Force and the
other in the Army, recently warned their personnel that it is a crime for
officers to express contempt for the nation's political leaders, either
in speech or in e-mail correspondence.

Brig. Gen. Jack Rives, the top lawyer for the Air Force's Air Combat
Command, said he acted on Nov. 21 after reading in news stories comments
from military officers who were upset by Democratic Party challenges to
military absentee ballots cast in Florida. He sent out a message to
people in his command, which includes 89,000 troops at 17 major bases,
telling them that "this is not the time to send e-mails or otherwise get
involved in an improper or unprofessional manner with the continuing
controversy over the presidential election."

Col. James Rosenblatt, the staff judge advocate for the Army's Training
and Doctrine Command, said he decided to send out his own lengthier
message after seeing the Air Force message.

Citing "the swirling political process associated with the presidential
elections," Rosenblatt sent an e-mail reminding the command's generals
and lawyers that Article 88 of the Uniform Code of Military Justice
forbids military officers from using "contemptuous words against the
President, 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." (Rives noted that the article
forbids officers from being contemptuous of governors and legislatures
only of states in which the officers are physically on active duty.)

Rosenblatt, the top lawyer in his command, which has about 67,000
soldiers and civilian employees at 15 major bases, concluded his message
by suggesting that the current situation may provide an opportunity for
commanders to conduct educational sessions "on the question of civilian
control of the military."

With 28 years of service in the Army, Rosenblatt said it was the first
time he ever felt it necessary to remind officers that it is against
military law to express contempt for political authorities. However,
Rives noted that parts of the military have issued similar reminders
twice in the past decade after military personnel publicly criticized
President Clinton.

A violation of Article 88 can result in dismissal and one year's
imprisonment. But prosecutions under the article are rare, and Rives and
Rosenblatt said they weren't aware of any in recent decades.

Spokesmen for the Navy and Marine Corps said their services have not
issued similar warnings in recent days.