In the current political climate, there’s lot of discussion about retirees being prosecuted for violating Article 88, UCMJ. Should that happen–an unlikely event we all hope, there appear to be at least three defenses if the alleged subject of the disrespect is the commander-in-chief.
- The First Amendment. Yes, I know the courts give deference to regulations limiting a servicemembers right to free speech; but there could be exceptions.
- There are two potential affirmative defenses; one is creative the other is grounded in military caselaw.