Air Force Major Jason Watson will face a general court-martial due to his July arrest for protesting the Trump administration and calling for Trump’s impeachment in uniform at the U.S. Capitol.
The general court-martial is the military’s most severe trial.
Watson has been detained since August and his attorney, speaking to CNN, has said that the conditions of his confinement are tantamount to “cruel and unusual” solitary confinement.
The airman was arrested on the steps of the Capitol as he held a sign that read, “Impeach. Convict. Remove.” His argument was that Trump had violated the Constitution and that Trump and J.D. Vance should be removed from office.
The government has charged him under the Uniform Code of Miliary Justice. The charges fall under Article 88, which bans officers from “contemptuous” words against the president and other senior leaders.
Watson faces the charges based not only remarks he made during his demonstration, but also in subsequent interviews.
He is also being charged under Article 92, which is failing to obey orders and Article 133, which is conduct unbecoming an officer.
The charging recommendations came from the hearing officer, Major Joshua Wendell, in a preliminary hearing on September 18. According to Watson’s lawyer, Christopher Mutimer, the investigating officer recommended that the remaining charges move to a general court-martial.
Wendell recommended that two charges, partisan political activity and an authorized leave charge, be dismissed.
While Wendell’s recommendation did not send Watson to trial, the government has decided to carry out the court-martial against the accused airman.
Watson’s attorneys have argued that their client’s statements were matters of public concern and not partisan politics and that a less severe forum is more appropriate.
According to Miliary.com, Article 88 prosecutions are unusual although it dates back to the earliest days of the military and has been rarely been used in modern times. Thus, the case will test free-speech rights and the military’s rules on contemptuous speech towards civilian leaders.
