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April 28, 2006

Shut up! Or Else…

As Slate points out, the retired generals who have been criticizing Donald Rumsfeld could, under Military law, be court-martialed for doing so.

One of the assumptions surrounding the recent criticism of Rumsfeld is that the retired generals, unlike active-duty officers, are free to criticize the defense secretary without fear of reprisal. Surprisingly, this assumption is untrue. Under the Uniform Code of Military Justice, one of the many activities deemed punishable by court-martial is "contempt toward officials." This code of laws applies not just to active-duty officers but to retired ones, too. It's right there in Article 2, Section (a) (5): Persons subject to the UCMJ include "retired members of a regular component of the armed forces who are entitled to pay."

The key phrase is "entitled to pay." If you resign from the military, and thus give up all retirement pay and benefits, you're free from the clutches of military law. But if you retire and thus keep getting paid 50 percent to 75 percent of your peak active-duty salary (plus cost-of-living adjustments pegged to the consumer price index), you're still in the cage.

That's not all. The Financial Times today is reporting that the CIA is now warning its former employees that unless they want to lose their pensions, they'd better zip up those lips.

The Central Intelligence Agency has warned former employees not to have unapproved contacts with reporters, as part of a mounting campaign by the administration to crack down on officials who leak information on national security issues.

A former official said the CIA recently warned several retired employees who have consulting contracts with the agency that they could lose their pensions by talking to reporters without permission.

…

The attempt to silence former employees extends beyond those who still have consulting contracts. Larry Johnson, a former CIA official who blogs at www.TPMCafe.com, said he recently received a “threatening” letter reminding him about his confidentiality agreements.

Mr Johnson – who has criticised the White House for not aggressively investigating the outing of Valerie Plame, a former covert operative, said it was the first such letter he had received despite regularly commenting in the media on intelligence matters since his retirement in 1989. He said other former employees also received letters.

He said the CIA was also “very forceful” in intimidating a retired official who maintains ties to the agency after he signed a letter criticising the administration over the Plame leak.

Posted by Becky at April 28, 2006 08:38 AM

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