February 6, 2025
Experts Say Retired Military Officers Who Denounced Trump Could Be Prosecuted
Despite the fact these retired officers could be recalled and prosecuted, the chances of that happening are very, very small.
Despite the fact these retired officers could be recalled and prosecuted, the chances of that happening are very, very small.

In recent weeks, President Trump has been publicly criticized by high-ranking retired military officers such as General James Mattis, Admiral William McRaven, General Colin Powell, Lt. General John Allen, and others. These public criticisms, however, are in violation of the Uniform Code of Military Justice (UCMJ), and law experts say these officials could be recalled to active duty and prosecuted.

“Retired officers can’t make contemptuous remarks of the commander-in-chief,” John Dowd, a former Marine Corps Judge Advocate and former Trump legal advisor, told Just The News. “They’re all subject to recall. They’re subject to the Uniform Code of Military Justice until they die.”

The law governing this conduct is 10 U.S. Code § 888:

10 U.S. Code § 888 – Art. 88. Contempt toward officials

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

“As part of the UCMJ, governing military law, you cannot use contemptuous words against certain officials, including the president,” one active-duty Army Judge Advocate General Corps officer said. “That is a court-martial offense, and yes, you can be recalled to active duty to be court-martialed.”

These retired officials likely know they can be recalled and held accountable.

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