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A US Air Force major who was arrested twice after publicly criticizing Donald Trump has now been formally charged under military law.
Maj. Jason Watson faces 10 charges under the Uniform Code of Military Justice (UCMJ), according to a charging document provided to CNN by his lawyer.
The charges include three alleged violations of Article 88, which prohibits certain “contemptuous” remarks about senior civilian officials, as well as five alleged violations of Article 92 concerning disobeying orders and two allegations of conduct unbecoming an officer under Article 133.
The Article 88 allegations relate to comments Watson made during a June interview, a protest he staged in uniform outside the US Capitol on July 1 and a CNN interview on August 17.
Military personnel can face disciplinary action for taking part in overtly partisan political activity while in uniform, as well as for making “contemptuous words” about the president and other senior officials.
Watson was first arrested in July after appearing at the Capitol in uniform and calling for Trump's impeachment. He was arrested for a second time last week, shortly after making further criticism of the president during his CNN appearance.
His attorney, Chris Mutimer, said Watson has subsequently been placed in “pre-trial confinement”, which is broadly comparable to being denied bail in the civilian justice system.
During his CNN interview with Erin Burnett, Watson launched a fierce attack on Trump, saying: “Not only is (Trump) a failure as president, he is flagrantly violating the Constitution, breaking the law, engaged in rampant corruption, and is killing Americans.”
He added: “And that is unacceptable to me.”
The allegations against Watson go beyond his comments about Trump.
The Article 92 charges claim he violated Defense Department rules prohibiting military personnel from publicly supporting partisan political causes, while also allegedly wearing his uniform during a press conference at the Capitol.
Prosecutors further accuse him of violating military leave regulations by travelling to Washington and refusing to wear his uniform to work the morning after his CNN interview.
His Capitol protest and CNN appearance have also been classified by prosecutors as alleged “conduct unbecoming an officer.”
Air Force Secretary Troy Meink previously warned service members that they were expected to “comply with all laws and policies governing personal conduct, political participation, and the wear of the uniform.”
“Americans place their trust in us,” Meink said. “We cannot, and will not, compromise the trust of the nation.”
Mutimer told CNN that Watson is currently being held in extremely restrictive conditions.
“He is basically in solitary confinement for his safety,” the attorney said.
He also defended his client's motivations, saying Watson genuinely believed he was acting in accordance with the principles he had sworn to uphold.
“He truly believes in everything about our constitution and what it represents, and the oath that he swore,” Mutimer said.
He added that Watson believes “he did this so others wouldn’t have to” and wanted to show people who were frightened or felt isolated that they were not alone.
The case is unusual because prosecutions under Article 88 for contemptuous remarks against senior officials are exceptionally uncommon.
A review by CNN found only two convictions involving the charge since the modern UCMJ was introduced in 1951.
One occurred in 1965, when Army Lt. Henry Howe was convicted after taking part in an anti-Vietnam War protest in Texas. He was dismissed from the military and sentenced to a year in prison, although his sentence was later shortened.
The most recent conviction came in 2021, when former Marine Lt. Col. Stuart Scheller pleaded guilty to contempt of officials and other offences after posting videos criticizing the Biden administration's handling of the US withdrawal from Afghanistan.
Scheller was ordered to forfeit $5,000 in pay and ultimately left the Marine Corps without a pension as part of his plea agreement. He has since been appointed by the Trump administration as a senior Pentagon adviser.
Frank Rosenblatt, a retired Army judge advocate and associate law professor, told CNN that the definition of “contemptuous” language under Article 88 is not particularly precise.
He explained that such comments generally need to amount to “insulting, rude, and disdainful conduct”, or accusations portraying someone as possessing qualities of “meanness, disreputableness, or worthlessness.”
Rosenblatt suggested Watson could potentially argue that his remarks amounted to legitimate criticism rather than contempt, particularly if they can be demonstrated to be “true or are fair criticisms” of the US leader.
