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Well, I still think that the Yale professor's comments go to my point that there is an argument to be made on both sides of the issue of whether this conduct rises to the level of an article 88 violation, but your point is well taken.
Here is the best evidence I can scrounge up to support my argument atm, and then I have to go to work. You'll have to bear with me because it is a bit circuitous. According to US v. Howe, 17 U.S.C.M.A. 165 "[W]e emphasize the Article 88 is designed to cover the use of "contemptuous" words toward holders of certain offices named therein. "Contemptuous" is used in the ordinary sense as is evidenced by the Manual for Courts-Martial, United States, 1951, paragraph 167. See Webster's Third New International Dictionary. " Merriam Webster defines contempt as "the act of despising : the state of mind of one who despises : disdain b : lack of respect or reverence for something." Contempt - Definition and More from the Free Merriam-Webster Dictionary So, I'd argue that the Yale prof is mistaken that "contemptuous" and "disrespectful" are materially different for purposes of an article 88 violation. That's all I've got for now, but I think it's a solid point.
Just for fun, suppose you are correct and McChrystal did say something that could be considered a clear Article 88 violation. What do you suppose would happen then? An automatic court martial?
In the military, charges are preferred by an individual's commander, not by a prosecutor. The results of any investigation would bebrought to the person's commander, and the commander would then decide whether to proceed to court martial, offer non-judicial punishment, or take no action at all. In a similar case that happened in 1993, the general officer that insulted President Clinton was given non-judicial punishment (also known as an Articel 15 or Captain's Mast) and fined $7,000. When I was in the Air Force, a person given non-judicial punishment could receive up to 30 days confinement and the loss of two month's base pay, all without ever seeing a judge (hence non-judicial). The individual had the option of refusing the Article 15 and demanding a court martial proceeding.
I would guess that if anything is done to McChrystal, it will be an Article 15 with some loss of pay and he will retire.