Did Schiff’s witness Lieutenant Colonel Vindman violate the Manual for Courts-Martial?

I received an email from a fellow retired officer about U.S. Army Lieutenant Colonel (LTC) Alexander Vindman. The officer sent a link to an article published on American Greatness titled Retired Army Officer Remembers Lt. Col. Vindman as Partisan Democrat Who Ridiculed America by Debra Heine.

Heine wrote:

A retired Army officer who worked with Democrat “star witness” Lt. Col. Alexander Vindman in Grafenwoher, Germany, claims Vindman “really talked up” President Barack Obama and ridiculed America and Americans in front of Russian military officers.

In an eye-opening thread on Twitter last week, retired U.S. Army Lt. Colonel Jim Hickman said that he “verbally reprimanded” Vindman after he heard some of his derisive remarks for himself. “Do not let the uniform fool you,” Hickman wrote. “He is a political activist in uniform.”

The officer believes that LTC Vindman’s testimony violated the Manual for Courts-Martial. Specifically:

14. Article 88 (10 U.S.C. 888)—Contempt toward officials

a. Text of statute.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a courtmartial may direct.

In the transcript of Vindman’s sworn testimony released by the House Intelligence committee, Vindman stated:

I was concerned by the call [between Trump and Zelenskyy]. I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for the U.S. government’s support of Ukraine. I realized that if Ukraine pursued an investigation into the Bidens and Burisma, it would likely be interpreted as a partisan play which would undoubtedly result in Ukraine losing the bipartisan support it has thus far maintained. This would all undermine U.S. national security.

Following the call, I again reported my concerns to NSC’s lead counsel.

It is clear from the transcript of the call between President Trump and President Zelenskyy that there was interest in the possible Ukrainian interference in the 2016 election, but there was no request by President Trump to investigate “the Bidens and Burisma.” It was Zelensky who brought up the Bidens and Burisma. What President Trump said was:

I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike… I guess you have one of your wealthy people… The server, they say Ukraine has it. There are a lot of things that went on, the whole situation. I think you’re surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, it’s very important that you do it if that’s possible.

The officer in the email referred to the below quote from Ms. Heine’s article:

Hickman said he decided to come forward because Vindman “disobeyed a direct order from the commander-in-chief, his boss,” made his testimony “about his foreign policy opinions versus facts,” and “wore his Army service uniform to make a political statement” against the president.

Vindman may have violated another section of the Manual for Courts-Martial as follows:

69. Article 123 (10 U.S.C. 923)—Offenses concerning Government computers

a. Text of statute.

(a) IN GENERAL.—Any person subject to this chapter who—

(1) knowingly accesses a Government computer, with an unauthorized purpose, and by doing so
obtains classified information, with reason to believe such information could be used to the injury
of the United States, or to the advantage of any foreign nation, and intentionally communicates,
delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it;

(2) intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any such Government computer;


(3) knowingly causes the transmission of a program, information, code, or command, and as a
result of such conduct, intentionally causes damage without authorization to a Government computer;

shall be punished as a court-martial may direct.

Both of these sections of the Manual for Courts-Martial, and perhaps other articles, could cause Vindman to be investigated by the U.S. Army Criminal Investigation Division. Depending on what they find it could lead to a courtmartial.

The plot thickens in the effort by Democrats to impeach a sitting President based upon, so far, foreign policy differences, speculation, hearsay and third hand knowledge.

As most people understand if you read the transcript of the call there is nothing there. All the rest is a dog and pony show.

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2 replies
  1. william couch
    william couch says:

    He should be walked (by the MP’s) right to Leavenworth…. NO trial.. I mean he’s all over the news.. He can’t plead “NOT GUILTY”,,,,,,,,,,, Everyone knows different.. 20 years,, forfeiture of pay,, reduced in rank to a private!!

  2. Royal A Brown III
    Royal A Brown III says:

    Great and truthful article as usual Rich – thank you.

    LTC Vindman is a disgrace to his service and uniform and really irks me that he wears Infantry Brass. He is another example of the way too many officers still serving somewhere in the DOD who drank the Obama kool aid and became far too Politically Correct and no longer a “warrior”. I wouldn’t want Vindman serving next to me in a foxhole for sure !

    Now let’s see if the Army protects him just as they did with Berghdal who should be in Leavenworth for at least 30 years – 5 years for each of the 6 soldiers who died trying to find this traitor. Instead he got off with no prison time.


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