As the Pentagon’s top generals condemn racism, they walk a legal fine line

But in commenting on the highly-charged debate, the military service chiefs have to be especially careful not to cross a line into domestic politics.

It’s not just a matter of not offending their boss, President Trump. It’s actually illegal under military law for a commissioned officer to say anything that could be construed as direct criticism of the commander in chief.

Under Article 88 of the Uniform Code of Military Justice, the use of “contemptuous words against the President,” is subject to punishment by court-martial.

Political statements that would seem to put the military brass in opposition to the president could fall under that criminal provision.

So when Marine Corps Commandant Gen. Robert Neller took to Twitter right after President Trump’s highly-charged news conference Tuesday, he was careful to stick to all-American values.

“No place for racial hatred or extremism in @USMC,” Neller tweeted “Our core values of Honor, Courage, and Commitment frame the way Marines live and act.”

No mention of Trump, the alt-right, the alt-left, white supremacists, Nazis or any suggestion of who was to blame.

His statement was prompted by reports of a former Marine who was being linked to an extremist organization, Marine Lt. Col Eric Dent, a spokesman for Neller, told the Washington Examiner. “It was not meant as a stab at the president, rather should serve as a reaffirmation of who we are and what we stand for.”

Army Chief of Staff Gen. Mark Milley expressed a similar non-controversial sentiment in an early morning Wednesday tweet.

“The Army doesn’t tolerate racism, extremism, or hatred in our ranks. It’s against our Values and everything we’ve stood for since 1775,” Milley said.

On Saturday, the day of the violence, Chief of Naval Operations Adm. John Richardson tweeted before Trump’s contentious news conference, calling the violence in Charlottesville unacceptable and saying they mustn’t be tolerated. “@USNavy forever stands against intolerance & hatred,” he said.

Air Force Chief of Staff Gen. David Goldfein was more cautious. He didn’t mention Trump, Charlottesville, racism, hate or extremism.

“I stand with my fellow service chiefs in saying that we’re always stronger together,” Goldfein tweeted. “It’s who we are as Airmen. Integrity, service and excellence … that’s what America’s Air Force is about.”

The last chief to weigh in was Gen. Joseph Lengyel, chief of the National Guard Bureau. “I stand with my fellow Joint Chiefs in condemning racism, extremism & hatred. Our diversity is our strength,” he tweeted.

On any other day, such innocuous tweets would have hardly raised an eyebrow. Yet this week, Twitter users have speculated that the chiefs are “subtweeting” the president, meaning they’re criticizing him without calling him out by name.

Others point out that the chiefs are more concerned with extremism in the ranks, after it was learned that one white supremacist leader is a former Marine Corps recruiter, and the man accused of driving his car into counter-protesters and killing one woman on Saturday washed out of Army basic training two years ago.