US Airman Criminally Charged for Calling Trump a 'Failure' in Interview and Capitol Protest
- Major Jason Watson faces 10 charges under the Uniform Code of Military Justice, including rare Article 88 contempt counts linked to his public criticism of President Trump
- Watson was arrested twice — once at the US Capitol in July while in uniform and again last week after a CNN interview in which he called Trump a constitutional violator
- His attorney confirmed Watson is being held in what amounts to pre-trial confinement, with the case potentially heading to a general court-martial
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A US Air Force major has been formally charged with ten military offences after publicly criticising President Donald Trump in a Substack interview, at a protest outside the US Capitol, and during a live television appearance on CNN.
Major Jason Watson faces three counts under Article 88 of the Uniform Code of Military Justice for allegedly making contemptuous remarks about the president, five counts under Article 92 for disobeying standing orders, and two counts under Article 133 for conduct unbecoming an officer, according to a charging document shared by his attorney.
Source: Getty Images
What Watson said and did
The Article 88 charges relate specifically to a June interview with the Defenders of our Republic Substack newsletter, a protest Watson attended in uniform at the US Capitol on July 1, and a CNN interview broadcast on August 17. During that interview with anchor Erin Burnett, Watson said of Trump:
"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. And that is unacceptable to me."
The disobeying orders charges allege Watson spoke out in favour of partisan causes in breach of Defence Department regulations, wore his uniform at a Capitol press conference without authorisation, travelled to Washington, DC in violation of leave rules, and refused to report to work in uniform the morning after his CNN appearance.
Watson was arrested at the Capitol in July and detained again last week, days after the CNN interview aired. His attorney, Chris Mutimer, told CNN that Watson had been placed in pre-trial confinement, a measure comparable to a denial of bail in civilian court. Mutimer added that his client was being held in effective solitary confinement for his own safety.
"He truly believes in everything about our constitution and what it represents, and the oath that he swore, and he stands by the fact that he did this so others wouldn't have to, and to share that to anyone who's scared and feels alone," Mutimer said.
A rare charge with historical precedent
Article 88 convictions are exceptionally uncommon. A CNN review found only two since the modern Uniform Code of Military Justice came into force in 1951. In 1965, Army Lieutenant Henry Howe was convicted and sentenced to dismissal from service and a year at Fort Leavenworth military prison after protesting against the Vietnam War.
The most recent conviction came in 2021, when former Marine Lieutenant Colonel Stuart Scheller pleaded guilty to contempt and related charges over social media videos criticising the Biden administration's withdrawal from Afghanistan. Scheller was sentenced to a $5,000 pay forfeiture and resigned without a pension. He has since been appointed as a senior adviser in the Pentagon.
Retired Army judge advocate Frank Rosenblatt noted that the standard for what constitutes "contemptuous" speech under Article 88 is "less than precise" and suggested a preliminary Article 32 hearing may be needed to determine whether Watson's words qualify as genuine criticism rather than unlawful contempt.
The Air Force said in an August 19 statement that Watson "is presumed innocent" and that the Air Force District of Washington would oversee proceedings if the case is referred to a general court-martial.
Source: Getty Images
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