posted on Jan, 17 2013 @ 11:29 PM
Originally posted by ownbestenemy
While the question is innocent enough, it borders on fringing upon the Hatch Act and Department of Defense Directive 1344.10. Any answer given to the
Secretary could be seen as advocating political activity while representing a branch of the armed forces. Of course, the Hatch Act does exclude the
Secretary of Defense in engaging in the politically charged rhetorical question he posed, but it does not protect the soldier that falls under
Department of Defense Directive 1344.10 and decides to speak up and out against it.
Any activity that may be reasonably viewed as directly or indirectly associating the Department of Defense or the Department of Homeland Security
(in the case of the Coast Guard) or any component of these Departments with a partisan political activity or is otherwise contrary to the
spirit and intention of this Directive shall be avoided.
It isn't that hard to find a military court to nail a soldier who speaks out against the SecDef in regards to this under Article 92.
in the ex is mine, concerning the wording of "partisan political activity" meaning aligned to a particular party and voicing or
acting upon ones political views. A soldier who says, "the POTUS is a democratic horse's ass" or "the democratic POTUS is an ass" or "the POTUS is a
republican horse's ass," etc., would be making a partisan political statement by attaching a political affiliation to the statement. A soldier who
says, "the POTUS is an ass" (a simple non-partisan statement), is not making a partisan political statement. You can look up the definition of
"partisan" in any dictionary.
It appears that Department of Defense Directive 1344.10 does not restrict freedom of speech or opinion, just making a partisan statement verbally or
in writing concerning allegiance or opinion pertaining to a specific political party.
Correct me if I am wrong, but this is simple logic and legalese as it is written above in the "ex".
Cheers - Dave
edit on 1/17.2013 by bobs_uruncle because: (no reason given)