Wisconsin National Guard looking into whether to punish ILL GOP Congressman Adam Kinzinger

[beachbum bob]

what would scott walker do if this was a Democratic Congressperson doing the same? There is a reason why many americans view democrats as nothing more than "handwringers" incapable of decisive actions, will this be another example?

https://www.chicagotribune.com/news/nationworld/midwest/ct-met-wisconsin-national-guard-governor-troops-evers-kinzinger-20190226-story.html


Wisconsin National Guard officials said Tuesday they’re looking into whether to punish an Illinois congressman who belongs to the Wisconsin detachment for criticizing Gov. Tony Evers’ decision to withdraw troops from the U.S. southern border.

Republican Rep. Adam Kinzinger is a Wisconsin Air National Guard pilot with the rank of lieutenant colonel. He ripped Evers Monday on Twitter and on Fox News for ordering Wisconsin troops to pull out of Arizona.

Wisconsin statutes state that any commissioned officer who uses “contemptuous words against the president, the vice-president, members of congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, or the governor or legislature of the state of Wisconsin shall be punished as a court-martial may direct.”

Evers is a Democrat. His position as governor automatically makes him the commander-in-chief of the Wisconsin National Guard. Asked if Kinzinger might be disciplined for his remarks, Guard spokesman Capt. Joe Travato said the Guard and Evers’ office are looking into the matter.


From Military Times:

University of Wisconsin-Madison law and political science professor Donald Downs, who studies free speech issues, said he knows of no exceptions in state law that would allow off-duty National Guard personnel to criticize the government.

However, it’s unclear whether the First Amendment’s free speech guarantee would trump state statutes in such cases, Downs said. The First Amendment protects an employee’s speech if he or she is speaking as a citizen, not as an employee, but the scales still likely would tilt toward the military if the soldier was criticizing a specific lawful order, he said.

“I doubt that the fact the guardsman was off duty would matter,” Downs said.

Kinzinger did, indeed, criticize a lawful order from his commander in chief.

[riversedge]

1. k for visibility

[rzemanfl]

2. Ditto. n/t

[Tetrachloride]

3. They fly over my house about once a week.

We need professionalism in all aspects. I tend to think the law is not on the side of Congressman / Lt. Col Kinzinger's position on free speech.

[beachbum bob]

4. don't think it will fly under the UCMJ courtmartial rules and guidelines. You are an officer

whether you are on active duty or not. The rules are clear concerning criticizing direct orders issued by your CIC

[A DAY IN THE LIFE]

5. He will claim that his comments were part of his duties as a Congressman

Then he is immune. But the Governor can make it clear that he will not see a promotion while this governor is in office.

[beachbum bob]

6. his comments don't make him immune to UCMJ courtmartial....being a congressman doesn't exempt under

military law

[dogman]

7. Higher command says he's wrong.

Link to tweet