Congressional Inquiries

[congressional]

Jurisdiction

Kentucky

Can a commanding officer of a military organization mandate that one of his subordinates inform him and his chain of command if the subordinate files a congressional inquiry especially in matters where the Commanding officer has established fear and intimidation. He has written that a member who files one and does not inform him (even if filed anonymously) is subject to Article 90 of UCMJ - failure to obey lawful order or regulation? Can this be interpreted as communicating a threat and against a military member's rights as a military member and U.S. citizen.

 

[mightymoose]

It can be ordered, and he can face disciplinary action, but whether or not the order is determined to be lawful or discipline justified would have to be weighed once actions were taken.
A safe option is to contact legal counsel on the assigned base, or to discuss the matter higher up in the chain of command.

 

[Disabled Vet]

What? I've never heard of a command telling their troops they can't file a complaint. You can write your congressman, senator, pastor, ag, mother etc..etc.... Now.... Be ready for the tidal wave you create.. Can they make your life living hell.. HELL YES

 

[army judge]

As suggested, make an appointed with JAG ASAP.
Also, get copies of the alleged "don't contact your elected representatives unless you tell me, your CO" as proof.

While you're doing those things, keep your mouth shut about your endeavors.
Even after you've done them, keep your trap shut.

Keep yourself squared away.
Everything by the book, otherwise things will become more difficult.

You have an absolute right to contact all of your elected officials, up to and including the CIC, El Presidente Trump.
You can contact the IG, a chaplain, sexual assault counselors, EEOC contact, all of them and more ANONYMOUSLY.

Don't go popping off about this, keep your business to yourself.
Never show your hand.

 

[mightymoose]

What? I've never heard of a command telling their troops they can't file a complaint. You can write your congressman, senator, pastor, ag, mother etc..etc.... Now.... Be ready for the tidal wave you create.. Can they make your life living hell.. HELL YES

OP didn't say the order was to not make a complaint. OP said the order was to notify the commander in the event that a complaint is made.
Failure to follow the order may start disciplinary proceedings. That doesn't mean anything would stick, but why risk it? Talking to the right people before doing anything would be safest.

 

[leslie82]

OP didn't say the order was to not make a complaint. OP said the order was to notify the commander in the event that a complaint is made.
Failure to follow the order may start disciplinary proceedings. That doesn't mean anything would stick, but why risk it? Talking to the right people before doing anything would be safest.

Seriously? No. Our oath is to protect the Constitution and follow LAWFUL orders. So if some leader ever gives me an unlawful order you better believe I am not following it. You don't have to notify anyone if you're contacting a Congressperson, etc. I've emailed Congressmembers before about issues. I never told anyone in my command. If they asked me if I had I would reply it's not their business. Also if I ever were to ask for a congressional inquiry that means I exercised ALL options before I reached that limit.

Armyjudge summed it up pretty well.

 

[army judge]

Seriously? No. Our oath is to protect the Constitution and follow LAWFUL orders. So if some leader ever gives me an unlawful order you better believe I am not following it. You don't have to notify anyone if you're contacting a Congressperson, etc. I've emailed Congressmembers before about issues. I never told anyone in my command. If they asked me if I had I would reply it's not their business. Also if I ever were to ask for a congressional inquiry that means I exercised ALL options before I reached that limit.

Armyjudge summed it up pretty well.

One more thing I forgot to mention.

Even when a member is confined to a stockade or brig, he or she is entitled to complete confidentiality for correspondence to federal officials, even El Jefe El Presidente Señor Trump, religious officials, attorneys, and judges.

In confinement pre-trial or post-conviction, all such correspondence is never screened or limited.

 

[mightymoose]

Seriously?

Yes.

No. Our oath is to protect the Constitution and follow LAWFUL orders.

There is nothing illegal about the order given. At least not as it is explained here.

As I said, whether disciplinary action is warranted or not would have to be weighed after a charge is made.

The order does not appear to restrict any rights in any way. If I had been given such an order and had these concerns I would make sure I had appropriate legal counsel before doing anything at all.

As to the OP's actual question regarding if this could be interpreted as a threat, I would still say no, not with the limited information given.