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Can Trump silence retired military officers by using Article 88 of the UCMJ?

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Under Article 88 of the Uniform Code of Military Justice, retired service members could be court-martialed for using “contemptuous words” against the president or other high-level government officials. At Just Security, George Croner, member of CERL’s Advisory Council, argues the concern around President Trump applying this Article to seek retribution and mute criticism is “decidedly real,” and if pursued, would come at a high cost to military retirees and our country. 

George W. Croner was the principal litigation counsel in the Office of General Counsel at the National Security Agency (NSA). He is a senior fellow at the Foreign Policy Research Institute (FPRI) in its national security program and a member of CERL’s Advisory Council.  Read his full bio here

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.   

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Can Trump silence retired military officers by using Article 88 of the UCMJ?