UCMJ Article 134: Disloyal Statements

Disloyal statements is an enumerated Article 134 offense. It requires a statement, communicated to another person, that is disloyal to the United States as a political entity and made with intent to promote disloyalty or disaffection among members of the armed forces, or to impair their loyalty or good order and discipline. Criticism of an agency or department is not enough. The maximum is a dishonorable discharge, forfeiture of all pay and allowances, and 3 years of confinement.

Five elements

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 97.b:

1. the accused made a certain statement;
2. the statement was communicated to another person;
3. the statement was disloyal to the United States;
4. the statement was made with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces, or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces; and
5. under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

The fifth element, which every enumerated offense under the general article carries, comes from 10 U.S.C. § 934.

Disloyal to the nation, not to an agency

“The disloyalty involved for this offense must be to the United States as a political entity and not merely to a department or other agency that is a part of its administration” (¶ 97.c). Hostility toward a particular department, command, or program does not meet the third element by itself.

Examples, and a personal declaration

The Manual’s examples of statements that may be punishable, when made with the required intent, are “praising the enemy, attacking the war aims of the United States, or denouncing our form of government with the intent to promote disloyalty or disaffection among members of the armed Services” (¶ 97.c).

“A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant.”

The intent element does the work

A statement that is disloyal in content is still not the offense without the fourth element: intent to promote disloyalty or disaffection among service members, or to impair their loyalty or good order and discipline. The statement must also reach another person.

Gaps left by federal criminal statutes

“Certain disloyal statements by military personnel may not constitute an offense under 18 U.S.C. §§ 2385, 2387, and 2388, but may, under the circumstances, be punishable under this article” (¶ 97.c). The article covers ground those federal statutes do not.

Up to 3 years

Under ¶ 97.d, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Contemptuous words about officials

Contemptuous words by a commissioned officer against the President, Vice President, Congress, the Secretary of Defense, and other named officials are a separate offense under Article 88, which does not require intent to promote disloyalty. For the structure of the general article and its other enumerated offenses, see Article 134, the general article.

Sources

• 10 U.S.C. § 934, Article 134, General article (Cornell LII)
• 10 U.S.C. § 888, Article 88, Contempt toward officials (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 97

General information about military law, not legal advice for any individual case.