The Office of Naval Intelligence (ONI) in this case is the Office of Naval “Ignorance of the Law.”
The email Captain Danny L. Noles, the ONI Chief of Staff, sent to the ONI staff was somewhat threatening, particularly of retirees, but even worse it misstates the law since the law (Article 88, UCMJ) does not use the term disrespect but uses the term contemptuous.
If Congress, in its infinite wisdom, had wanted mere disrespect towards the President and certain others to violate Article 88 it would have so stated or it should amend the law today.
For disrespect be a violation of Article 88, it must be expressed in an extremely vile way to rise to a crime. (aka disrespect on steroids.) In other words, “simple” disrespect is not a crime for Article 88, it must also be contemptuous. Plain old disrespect IS a crime under Article 89, UCMJ and is right after Article 88 in the law books.
I recommend that CAPT Noles get with the ONI JAGC officer on the above. If they concur with my opinion, Noles should send a mea culpa correction email to the ONI staff.
Commander Wayne L. Johnson, JAGC, Navy (Retired), Alexandria, VA
The Office of Naval Intelligence (ONI) in this case is the Office of Naval “Ignorance of the Law.”
The email Captain Danny L. Noles, the ONI Chief of Staff, sent to the ONI staff was somewhat threatening, particularly of retirees, but even worse it misstates the law since the law (Article 88, UCMJ) does not use the term disrespect but uses the term contemptuous.
If Congress, in its infinite wisdom, had wanted mere disrespect towards the President and certain others to violate Article 88 it would have so stated or it should amend the law today.
For disrespect be a violation of Article 88, it must be expressed in an extremely vile way to rise to a crime. (aka disrespect on steroids.) In other words, “simple” disrespect is not a crime for Article 88, it must also be contemptuous. Plain old disrespect IS a crime under Article 89, UCMJ and is right after Article 88 in the law books.
I recommend that CAPT Noles get with the ONI JAGC officer on the above. If they concur with my opinion, Noles should send a mea culpa correction email to the ONI staff.
Commander Wayne L. Johnson, JAGC, Navy (Retired), Alexandria, VA
They got a point there.
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