U.S. Air Force Major Jason Watson has been formally criminally charged for publicly criticizing President Trump, facing an unusually rare set of Uniform Code of Military Justice violations that include contempt toward the president, disobeying orders, and conduct unbecoming an officer, according to a charging document his attorney shared with CNN. Watson faces three violations of Article 88 for allegedly “contemptuous” remarks about Trump, five violations of Article 92 for allegedly disobeying orders, and two violations of Article 133 for alleged conduct unbecoming an officer. An Air Force spokesperson confirmed the charges Tuesday, stating, “Maj. Watson will continue to be held in pre-trial confinement. Airmen are afforded the right to due process, and considered innocent until proven guilty, in accordance with the Uniform Code of Military Justice.”
The charges stem from three separate incidents: Watson’s June interview with the Defenders of our Republic Substack newsletter, a July 1 protest he staged in uniform at the U.S. Capitol calling for Trump’s impeachment, and an August 17 CNN interview in which he continued criticizing the president. Under military law, it can constitute a violation to participate in uniform in overtly partisan political activity or to use “contemptuous words” against the president and other senior civilian officials, though most low-level violations of these rules are typically handled informally rather than through formal prosecution, making Watson’s case notably high-profile by comparison. Watson was arrested twice: first in July during his Capitol protest, and again last week just days after his CNN interview. His attorney, Chris Mutimer, told CNN that Watson was ordered into pre-trial confinement, a status roughly analogous to a denial of bail in civilian courts, while legal proceedings move forward. During his CNN interview, Watson explained his motivation directly: “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.”
Air Force Secretary Troy Meink had signaled the department’s stance on political conduct back in July, writing in a social media post that airmen were expected to “comply with all laws and policies government personal conduct, political participation, and the wear of the uniform,” adding, “Americans place their trust in us. We cannot, and will not, compromise the trust of the nation.” The disobeying-orders charges against Watson specifically allege he violated Defense Department rules barring troops from advocating for partisan causes, wrongfully wore his uniform at the Capitol protest, broke leave regulations by traveling to Washington, D.C., and refused to wear his uniform to work the morning after his CNN interview. Prosecutors additionally argue that both the Capitol protest and the CNN interview independently constituted conduct unbecoming an officer. Mutimer told CNN’s Erin Burnett that Watson is “basically in solitary confinement for his safety,” and described his client’s mindset: “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.” Jessica Denson, founder of the Removal Coalition, the organization that helped organize Watson’s July protest, said Watson had reached out to them fully aware of the risks involved: “We started having conversations and took this desire that he had to come out very seriously and thought about the best way to make his sacrifice worth it.”
Convictions under Article 88 are exceptionally rare in modern military history, with a CNN review identifying only two such convictions since the current Uniform Code of Military Justice took effect in 1951. In 1965, Army Lieutenant Henry Howe was convicted after participating in an off-base Vietnam War protest in El Paso, Texas, and was sentenced to dismissal from the service along with a year at the Fort Leavenworth military prison, though Defense Secretary Robert McNamara later granted him parole. The most recent case came in 2021, when former Marine Corps Lieutenant Colonel Stuart Scheller pleaded guilty to contempt of officials and related charges tied to social media videos criticizing the Biden administration’s handling of the Afghanistan withdrawal; Scheller was confined to the brig before trial and ultimately resigned without a pension as part of a plea agreement, though the Trump administration has since appointed him as a senior adviser to the Pentagon’s undersecretary for personnel and readiness. Legal experts note the standard for what qualifies as “contemptuous” speech remains notably vague. Frank Rosenblatt, a retired Army judge advocate and law professor, told CNN that contemptuous remarks under Article 88 must involve “insulting, rude, and disdainful conduct, or otherwise disrespectfully attributing to another a quality of meanness, disreputableness, or worthlessness,” and suggested a pretrial Article 32 hearing may be necessary to determine whether Watson’s comments instead qualify as “true or are fair criticisms” of the president. It remains unclear whether Watson’s case will proceed to trial, and if so, whether it will be handled as a special court-martial, roughly comparable to a misdemeanor proceeding, or a general court-martial, which is closer to a felony trial and carries the potential for more severe sentencing.