Enlisted personnel who diss the POTUS get nailed under the catchall Article 134 UCMJ.
For officers, yes, it’s Article 88 UCMJ “contempt toward [elected] officials”, and it got used during the Clinton years. I reentered active service in 1994 as a warrant officer and almost as soon as I joined my new unit the commander warned me, “Chief, I know you’re a Vietnam vet but be careful what you say about Pres. Clinton; someone may be listening and you could be court-martialed under Article 88.”
I looked up the history of Art. 88. It dates back to 1867 and was aimed at Union Army general officers seeking to run for the office of President by denigrating the incumbent (and Andrew Johnson was a rich target).
In this case, refusing to obey the lawful orders of the CIC is making a bad bet. To merely badmouth Clinton as a draft dodger usually wasn’t punished unless it was a general officer doing the badmouthing.
HE never said he would refuse to obey lawful orders. He said he would refuse to obey UNLAWFUL orders.
Show me where disobeying unlawful orders is forbidden in the military’s codes or rules. I’ve been told that it is a LEGAL OBLIGATION.
And show me where insisting on following the Constitution is “contempt”.
We’ve got lots of active military right here on Free Republic. When they speak against Obama and/or his policies are they violating either Article 88 or Article 134?
That would be an awfully important thing for some of our people to know.