Trump criticism leads to rare criminal charges for Air Force officer who called for impeachment

Rare criminal charges for Air Force officer over Trump criticism

Maj. Jason Watson, a U.S. Air Force officer, has been formally charged with multiple violations of the Uniform Code of Military Justice (UCMJ) after publicly criticizing President Donald Trump and calling for his impeachment while in uniform. The charges, filed Monday, mark a rare instance of the military pursuing criminal action for an officer's speech, according to a charging document shared with CNN by Watson's attorney.

Watson faces three charges under Article 88 for alleged "contemptuous" remarks about the president, five charges under Article 92 for disobeying orders, and two charges under Article 133 for conduct unbecoming an officer. The Article 88 charges, which are uncommon, stem from a June interview with the Defenders of our Republic Substack newsletter, a July 1 protest at the U.S. Capitol, and an August 17 CNN interview, as reported by CNN.

CBS News reports that Watson is believed to be the first major in the history of the U.S. military to be charged under Article 88, which prohibits contemptuous words against officials. The charges are a departure from the military's usual practice of handling low-level discipline behind closed doors, according to both outlets.

Details of the charges and arrests

Watson was first arrested on July 1 while protesting in uniform on the steps of the U.S. Capitol, holding a sign that read "Impeach. Convict. Remove." He was arrested again last week, days after a CNN interview in which he called Trump "a failure as president" and accused him of "flagrantly violating the Constitution, breaking the law, engaged in rampant corruption, and is killing Americans," as both CNN and CBS News reported.

The 40-year-old officer's attorney, Chris Mutimer, told CNN that Watson is in "pre-trial confinement," an action analogous to a denial of bond in civilian court. Mutimer also said Watson is being held in solitary confinement for his safety.

The Article 92 charges against Watson include violating Department of Defense regulations that bar troops from speaking out in favor of partisan causes, wrongfully wearing his uniform at a Capitol press conference, breaking leave regulations, and refusing to wear his uniform to work, according to CNN. The Article 133 charges are for conduct unbecoming an officer.

Reactions and context

After Watson's July arrest, Air Force Secretary Troy Meink wrote on social media that he expects every airman to "comply with all laws and policies, government, personal conduct, political participation and the wear of the uniform," as reported by both CNN and CBS News.

Watson's attorney told CNN that Watson "truly believes in everything about the Constitution and the oath he swore, and he stands by his actions so others wouldn't have to." Jessica Denson of the Removal Coalition, a group that has supported efforts to remove Trump from office, told CNN that Watson was aware of the risks and reached out via email.

In an August 19 statement, an Air Force spokesperson said Watson is presumed innocent and that the Air Force District of Washington will oversee his trial if his case is referred to a General Court-Martial, according to CNN.

Historical precedent

CNN's reporting notes that a review identified only two Article 88 convictions since the modern UCMJ was enacted in 1951. In 1965, Lt. Henry Howe was convicted after an off-base protest against the Vietnam War and sentenced to dismissal and one year in prison. In 2021, Lt. Col. Stuart Scheller pleaded guilty to contempt of officials and other charges linked to social media videos criticizing the Biden administration's handling of the Afghanistan withdrawal. Scheller was later appointed by the Trump administration as a senior adviser to the Pentagon's undersecretary for personnel and readiness, according to CNN.