Air Force Maj. Jason Watson asserted that “discomfort is not contempt” in an unsworn statement at his Uniform Code of Military Justice Article 32 hearing, as his defense argued for the case to be referred to a special court-martial.
In his first statement since being charged with 10 specifications under three UCMJ articles, Watson shared that his oath to the Constitution made him act, saying that it was nonpartisan and he would’ve protested any office that violated the law.
Chris Mutimer, Watson’s civilian attorney, said in the Friday preliminary hearing at Joint Base Anacostia-Bolling, Washington, D.C., that the case at hand is whether a crime was committed, not if his words were wise.
Watson is charged with three specifications of Article 88, contempt toward officials, five specifications of Article 92, failure to obey order or regulation, and two specifications of Article 133, conduct unbecoming of an officer.
The Air Force major called for the removal, conviction and impeachment of President Donald Trump and Vice President JD Vance on the steps of the U.S. Capitol in early July. A month prior, he interviewed with the Defenders of Our Republic Substack as well as CNN in August, which led to specifications in Article 88.
Watson’s defense argued that criticism is not a charge of contempt, and Article 88 is rarely charged and, when it is, it is inconsistent, saying that this case should be referred to a special court-martial instead of a general court-martial.
A special court-martial is for misdemeanor-level offenses, while a general court-martial is the most severe for felony offenses.
His defense rested heavily on the previous case of Lt. Col. Stuart Scheller, a Marine Corps officer who spoke out against U.S. leaders in October 2021 over the withdrawal from Afghanistan while wearing his uniform in viral social media videos.
Scheller pleaded guilty to all six violations of the UCMJ that were levied against him: Article 88, Article 89, Article 90, two charges of Article 92, and 27 specifications of Article 133.
Scheller was sentenced to forfeit one month’s pay of $5,000 and to receive a punitive letter of reprimand. After serving in the Corps for 17 years, he later left in December 2021.
The Marine Corps officer was only in pretrial confinement for nine days, while Watson has been in solitary confinement for 35 days thus far as of Monday.
The defense showed a video of Secretary of Defense Pete Hegseth praising Scheller on Fox & Friends at the time, telling him he “showed the kind of backbone the vast majority of politicians would never show, to cut against the grain and put their career on the line, to speak truth, to take accountability when no one else did.”
Scheller was later appointed by Hegseth as Deputy Chief of Staff for Personnel and Readiness in 2025.
“The law will not make the same word a virtue in one officer’s mouth and a felony in another’s,” his lawyers argued, highlighting that Scheller’s case was resolved in special court-martial even though he had the same charges as Watson with more specifications.
Maj. Joshua Wendell, the hearing’s preliminary officer, questioned where the anchor is in these cases, saying, “Which one is the right outcome? Was Scheller properly disposed of and how do I determine that?”
Mutimer said that perception is the anchor, and while making his recommendations, the officer should look toward making both sides equal. But the government’s counsel rebutted, saying that “we cannot do [name calling],” referring to how Watson spoke of Trump.
The government’s counsel brought forth 29 evidence exhibits and one witness, Maj. Bethany Evans, the 811th Force Support Squadron commander, who took command in mid-July at JBAB to speak on Watson’s charge regarding his alleged refusal to wear his Physical Training Gear uniform while performing his duties on JBAB.
It was “quickly determined” that Watson would Permanent Change of Station to JBAB with Evans as his commander due to his investigation, instead of sending him back to his previous post in Bydgoszcz, Poland.
From the hearing date, Wendell has eight business days to make his recommendations to the Special Court-Martial Convening Authority.
Cristina Stassis is a reporter covering stories surrounding the defense industry, national security, military/veteran affairs and more. She previously worked as an editorial fellow for Defense News in 2024 where she assisted the newsroom in breaking news across Sightline Media Group.
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