An active-duty Air Force major was ordered into pretrial confinement this week, marking the second time he has been detained since he publicly called for President Donald Trump’s impeachment.
Maj. Jason Watson was placed into pretrial confinement Aug. 18 and is being held at a county facility in Maryland on a military hold, an Air Force spokesperson told CNN. He has not been formally charged, and the spokesperson said the case remains under investigation.
In its statement, the Air Force said Watson was confined based on “probable cause to support allegations of continued misconduct” and that he “is presumed innocent and will be afforded all rights under Rule for Courts-Martial 305 as his pretrial confinement is reviewed.”
It added that Watson’s “personal statements do not reflect the views or policies of the Department of the Air Force.”
Detention came one day after Watson gave an interview to CNN in which he again criticized the president, repeating his call for impeachment.
His attorney, Chris Mutimer, told CNN he had not yet spoken with Watson but suspected the interview played a role in the detention. The Air Force did not tie the confinement to the interview.
Military.com reached out to the Air Force and Watson’s attorney for comment.
Arrested on the Capitol Steps
Watson first drew national attention July 1, when U.S. Capitol Police arrested him on the steps of the Capitol.
He had spoken at a news conference organized by the Removal Coalition, a group that lobbies Congress to impeach Trump. He then demonstrated on the House steps in his uniform, holding a sign that read “Impeach. Convict. Remove.”
Capitol Police said members of the public are not permitted to demonstrate on the House steps unless accompanied by a member of Congress. Rep. Al Green (D-Texas) escorted Watson to the steps and then left the area, according to police.
Watson has said he is not a Democrat and does not share Green’s policy positions.
He was placed under a gag order after that arrest, according to The New Republic. He gave the CNN interview this week despite it.
Officers Face Limits Civilians Do Not
Service members do not have the same latitude as civilians to criticize elected leaders. This is why Watson’s case falls under the military justice system rather than the ordinary legal system.
Under Article 88 of the Uniform Code of Military Justice, any commissioned officer who uses “contemptuous words” against the president, the vice president, Congress, or other named officials, can be punished by court-martial.
This particular provision applies only to commissioned officers. Prosecutors must show the words were contemptuous rather than merely critical. Article 88 is rarely used; it was invoked for the first time since 1951 in the 1965 court-martial of Lt. Henry Howe for carrying a sign critical of the President at an off-post peace rally while in civilian clothes. No other Article 88 conviction has occurred since.
Officers can also face charges under other provisions, including conduct unbecoming an officer and disobeying a lawful order. Defense Department rules restrict troops in uniform from partisan political activity.
Air Force officials have not said which rules, if any, Watson is accused of violating.
Watson remains in pretrial confinement. Under military law, it is not a finding of guilt but a decision that there is probable cause, along with providing a reason to hold a service member while a case proceeds. Review of that confinement is required under the rules for court-martial.
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