Skid,
Any other time it's uncanny how much I agree with you, but he's on his own this time around. His comments were made personally at a political event, not in the conduct of business at the Capitol. UCMJ/MCM are very clear on what's legal / what's not. Don't get me wrong - it's no effort to mince words and certainly no blank check for a bash-a-thon on the man (whether one believes he's worthy of it or not), but they put it in black/white for a reason, although I do agree that gentlemen (and ladies) should conduct themselves as such.
From the MCM:
Article 88—Contempt toward officials
a. Text.
“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 Transportation, or the Governor or legislature of any State,Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a courtmartial may direct.”
c. Explanation. The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in Article 88 at the time of the offense. Neither “Congress” nor “legislature” includes its members individually. “Governor” does not include “lieutenant governor.” It is immaterial whether the words are used against the official in an official or private capacity. If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article. Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of contemptuous words of this kind in the presence of military subordinates, aggravates the offense. The truth or falsity of the statements is immaterial.
Big difference in calling out Congress as a whole (contempt) as a servicemember, but personal comments by a member of Congress are fair game. He's grandstanded on every occasion possible since 2003. Someone should remind Mr. Dukakis, I mean Mr. Mondale, I mean Mr. Kerry, that the election's over.
For what it's worth, I've got the same level of education as Mr. Kerry plus better grades (for both degrees).
Addendum: FWIW, I don't think his comments were personally directed at the troops - more toward the President; but it would have gone a long way in his follow-up comments today to clear it as a misunderstanding/misinterpretation than to come out so indignantly. Whatever - his choice.