An Air Force major who was arrested after protesting President Trump has been recommended for a general court-martial, the most severe type of military trial, the major’s lawyer said on Tuesday.
An investigating officer who issued a report to the military convening authority also recommended that some charges related to prohibited partisan political activity be dismissed. The convening authority, typically a commander with the power to refer charges to a court-martial and assemble the court-martial itself, will decide on the recommendations.
The recommendations are not binding, but it is rare in the military justice system for a convening authority to depart from them when making prosecutorial decisions. The Air Force did not immediately respond to a request for comment or to questions about the investigating officer’s report.
Major Jason Watson was arrested in uniform on the steps of the Capitol in July as he called for the president’s impeachment. He has argued that the president has violated the Constitution, and that Mr. Trump and Vice President JD Vance should be removed from office. During his preliminary hearing, he told the court that he acted not out of partisanship but to uphold his oath to defend the Constitution.
Maj. Watson’s lawyer, Christopher Mutimer, said the investigating officer recommended the dismissal of two charges accusing him of violating regulations governing the political activity of service members. The investigating officer also recommended the dismissal of a third charge related to an alleged violation of Maj. Watson’s authorized leave.
The investigating officer, Major Joshua Wendell, recommended that the remaining charges against Maj. Watson proceed to a general court-martial, the equivalent of civilian felony court, Mr. Mutimer said. Those include three rare charges under Article 88 of the military justice code for using “contemptuous” words against the president or senior officials during his protest and in media interviews; two charges under Article 92 for failing to obey orders or regulations related to alleged uniform violations; and two charges under Article 133 for conduct unbecoming of an officer.
Maj. Wendell’s report was labeled “controlled unclassified information,” a broad designation from the Defense Department that limits how it can be disseminated, Mr. Mutimer said.
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