Secretary of Navy “You’re Fired” UCMJ Article 92 Applies To All Military Personnel

The Secretary of the Navy Richard V. Spencer of Wyoming who was sworn in as the 76th secretary of the Navy Aug. 3, 2017, was fired by Defense Secretary Mark Esper.

This story is still developing but the bottomline is that he violated a direct order from the President of the United States of America.

Secretary of Defense Mark T. Esper has asked for the resignation of Secretary of the Navy Richard Spencer after losing trust and confidence in him regarding his lack of candor over conversations with the White House involving the handling of Navy SEAL Eddie Gallagher.

Chief Pentagon spokesman Jonathan Hoffman Statement

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In a violation of UCMJ Article 92, the Secretary of the Navy, Richard Spencer failed to obey and order. The Navy planned to hold a review board, which was to provide a recommendation to the head of Naval Special Warfare Command whether or not to revoke Gallagher’s Seal and Trident pin. Secretary of Defense Mark T. Esper had issued an order that Gallagher retain his Trident pin and ended the planned review board.

In essence, Secretary of the Navy, Richard Spencer violated UCMJ Article 92, he knowingly disobeyed a lawful order issued by a member of the armed forces.

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Article 92 reads: “Any person subject to this chapter who—

  • (1) violates any lawful general order or regulation;
  • (2) having knowledge of any other lawful order issued by a member of the armed forces and fails to obey the order; or
  • (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”

The order was issued by the Commander In Chief of the United States of America and the Secretary of Defense Mark T. Esper reinforced the order that was knowingly disobeyed.

The firing of the Spencer was necessary because insubordination is unacceptable under all circumstances in any branch of the Armed Services. In essence Spencer violated ALL sections of UCMJ Article 92:

Section 1| Violation of or failure to obey a lawful general order or regulation:

  • That there was in effect a certain lawful general order or regulation;
  • That the accused had a duty to obey it; and,
  • That the accused violated or failed to obey the order or regulation.

The actions by Spencer have satisfied all requirement to be charged with UCMJ ART 92.

Section 2| Failure to obey other lawful order:

  • That a member of the armed forces issued a certain lawful order;
  • That the accused had knowledge of the order; and
  • That the accused had a duty to obey the order; and
  • That the accused failed to obey the order.

The order was issued by the President of the United States of America and therefore a lawful order. The accused, Spencer, and many in the public had knowledge of that order. Spencer as the Secretary of the Navy had the duty to obey that order and he failed to obey that order by planning a review board to challenge the order.

Section 3| Dereliction in the performance of duties

  • That the accused had certain duties;
  • That the accused knew or reasonably should have known of the duties; and
  • That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.

Once again, Spencer as Secretary of the Navy has a duty to execute orders issued by the President of the United States of America. Spencer knew that he had the duty to execute orders issued by the President of the United States of America and he WILLFULLY and KNOWINGLY refused to uphold his duties.

For that reason he is fired.

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What Are the Punitive Remedies?

The Maximum Punishment for Violating or Failing to Obey a Lawful Order:

  • Dishonorable discharge
  • Forfeiture of all pay and allowances
  • Confinement for two years

The Maximum Punishment for Violating or Failing Obey Other Lawful Orders:

  • Bad Conduct discharge
  • Forfeiture of all pay and allowances
  • Confinement for six months

The Maximum Punishment for Willful Dereliction of Duty

  • Bad Conduct discharge
  • Forfeiture of all pay and allowances
  • Confinement for six months

Interestingly, the former Secretary of the Navy Richard Spencer worked on Wall Street for 16 years with responsibilities centered on investment banking services and a particular focus on strategic advisory services and capital market underwriting.  After three years as president of Crossroads Investment Management LLC, according to his Department of the Navy bio before he was hired as Secretary of the Navy.

We discovered this bio was incomplete. In fact, Spencer’s position prior to being Secretary of the Navy, was not President of Crossroads Investment Management LLC, like his bio depicts. His most recent employment was Managing Partner at Fall Creek Management which he is the sole proprietor of.

In addition, he served on the Board of Directors of Global Atlantic Financial Group, ENGAGEcx LLC, 86Borders LLC and StarPound Technologies.

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As a US NAVY veteran I am ashamed. His willful refusal to obey the order of the President of the United States should be met with the highest punitive measures legally possible. His actions fuel and promote disobedience and defiance by POLITICIZING military duties.

Tore is a nationally syndicated talk radio host that airs live M-F 12-2PM EST on Red State Talk Radio .

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