Eden Hill Journal

Ramblings and memories of an amateur wordsmith and philosopher

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Location: Maine, United States

Wednesday, January 15, 2020

Tulsi - A Question of Contempt

I have been focusing on this Video that Tulsi Gabbard posted on YouTube:

Trump disgraces our military

But does she in so doing violate this code?

124A-123 Contempt towards officials

We shall find out.

I have just now dispatched an email to the State of Hawaii, Department of Defense Inspector General bringing this matter to their attention.

Aloha Major Gabbard

**********

January 21 Update - Does the code of conduct apply to Major Gabbard

I came across this article today from the 7th Bomb Wing Office of the Staff Judge Advocate dated October 21, 2010 that sheds some light on what is meant by "contempt":
Contemptuous speech against the president

2013 Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
124A-2 Persons subject to this chapter
"This chapter applies to all members of the state military forces who are not in federal service, but who are on active state duty or on duty status other than active state duty."
What is the meaning of "duty status other than active state duty"?
EMAC website explaining duty status
So the three duty statuses are State Active Duty, Title 32, and Title 10. Guard duty under Title 10 falls under the Uniform Code of Military Justice. State Active Duty and Title 32 guard duty falls under "State Military Code" discipline. In other words, if you are in the Guard and you are called to Title 10 duty you are disciplined by the federal military code of conduct. If you are in the Guard and called to duty under either Title 32 or State Active Duty you are subject to the state's military code of conduct.
So what if you are in the Guard and are not on duty? Are you subject to any military code of conduct? My guess is no, but... as soon as you are called to duty you are disciplined by either the UCMJ or the state code.
I'm just speculating, mind you. I haven't found anything directly addressing this issue yet.
But it does seem to me that Major Gabbard has put herself in a position where if she were to be called to duty she would have to somehow take back any of her words that could be seen as contempt for President Trump. Why not just show respect for the military code of conduct in the first place and not speak contemptuously about the President in the first place? Live up to the reputation of being an officer in the National Guard or resign your commission and get out so you have the freedom to express your contempt.

January 16 - Some concerns

Yesterday, Wednesday January 15, 2020, some members of the United States House of Representatives delivered articles of impeachment to the United States Senate stemming from the claim that the President of the United States of America used his influence as President to pressure the leader of a foreign government - the Ukraine - to assist in his political effort to be reelected this coming November. Apparently the Democrat majority in the House of Representatives believe that the President of the United States of America does not have the authority to assure that money from the United States of America given to a foreign government for its defense not be subject to corruption.
The Democrats were triggered by the fact President Trump's personal attorney Rudy Giuliani had exposed that Democrat presidential candidate Joe Biden admitted on video at a Counsel on Foreign Relations event to a billion dollar quid pro quo to pressure the Ukraine to fire one of their prosecutors while he, Biden, was Vice President of the United States of America during the Obama administration. By coincidence Biden's son Hunter was receiving generous compensation from a Ukrainian energy company with what seem to have been questionable ties to the Ukraine's lucrative corruption underground, possibly even involving American aid money. The American media has not wanted to touch this issue and has come to the defense of 2020 candidate Joe Biden while attempting to use this issue to pressure public opinion to support the impeachment of President Trump.
I fear that should any branch of the United States government take any form of action against candidate Tulsi Gabbard, the Democrats in the House of Representatives as well as the mainstream media could and probably would use that to bolster their case to impeach President Trump.
I therefore don't think it is wise to involve the United States government by pushing them to deal with this Tulsi Gabbard contempt for the President issue. This hot potato belongs in the hands of the State of Hawaii, Department of Defense Inspector General.
However, I am tempted to bring this issue to the attention of veterans and veterans organizations. Veterans should be concerned by Major Gabbard's actions. All veterans were subject to the UCMJ so the question is, why should Major Gabbard be an exception?

I encourage anybody with a concern about Major Gabbard's breach of code to contact the State of Hawaii, Department of Defense Inspector General. Telephone numbers and email addresses are available by opening that link.

On Defense Spending

Gabbard votes "Nay" to National Defense Authorization Act for Fiscal Year 2017
Gabbard votes "Nay" to National Defense Authorization Act for Fiscal Year 2018
Gabbard votes "Nay" to National Defense Authorization Act FY 2019
Gabbard votes "Nay" to National Defense Authorization Act for Fiscal Year 2020

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