Friday, April 30, 2004

Brigadier General Janis Karpinski would be only the second Army flag officer court-martialed in the last half century.

US general faces court martial on prisoner abuse

Hi Pakistan
WASHINGTON: "Several army officers including a brigadier general, face a court martial for mistreating and humiliating Iraqi prisoners. Seventeen soldiers had been removed from duty in Iraq last month but the details of this action were not until CBS 60 Minutes II revealed them on Wednesday evening."

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Camera found in female sailors' shower

By James W. Crawley
San Diego Union-Tribune Staff Writer
"Navy investigators are searching for the person who hid a small wireless video camera above a shower stall for female sailors aboard the San Diego-based command ship Coronado..."

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Thursday, April 29, 2004

Schofield soldier charged in Iraqi civilian's death

By Gregg Kakesako
The Honolulu Star-Bulletin
"Pfc. Edward L. Richmond Jr., 20, was charged April 5 with the unjustified shooting of an Iraqi male on Feb. 28."

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Schofield soldier charged in death of Iraqi civilian

By Peter Boylan
Honolulu Advertiser Staff Writer
"On April 8, Pfc. Edward L. Richmond Jr., 20, was charged with one count of unpremeditated murder under article 118 of the Uniform Code of Military Justice. Richmond is assigned to the headquarters company, 1st Battalion, 27th Infantry regiment."

JAG Hunter input: This kourt-martial must be conducted in full view at home. Pfc Richmond is going to need all the help he can afford. A trial in Iraq islolates this young and junior solder from the best defense attorneys in the U.S....and the scrutiny of the American public.

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Get subscribers posted by The JAG Hunter @ 4/29/2004 08:15:00 PM   0 comments

Recruiting Hit-men? Gives tag lines like "Be all you can be" and "An Army of One" entirely new meaning...

'Hit man' tells of death plot

By Lisa Marie Gómez
San Antonio Express-News
Tech. Sgt. Rodney E. Wells, a recruiter at Lackland AFB, was in military court Wednesday at an Article 32 hearing, the military equivalent of a pretrial hearing and a grand jury investigation...Wells was charged March 12 with solicitation to commit murder, soliciting a civilian to commit prostitution and conspiracy to commit assault."

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Get subscribers posted by The JAG Hunter @ 4/29/2004 08:06:00 PM   0 comments

U.S. soldiers accused of abusing Iraqi prisoners

The Startribune.com
"U.S. soldiers at a prison outside Baghdad have been accused of forcing Iraqi prisoners into acts of sexual humiliation and other abuses in order to make them talk, according to officials and others familiar with the charges."

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Army Corporal Gary Shafto

Gary Shafto died in his cell under dark and suspicious circumstances at Fort Leavenworth on 14 March 2002. Shafto was the subject of intense and focused attention by military police guards. We would not know anything of this military custodial death had it not been for Gary's wife, Sharon.
Sharon shared these thoughts two years ago:

"5/30/2002
I appologize for not keeping this sight up to date...It's been a long time. It breaks my heart and soul to have to update with the following news:
On 3/14/2002 My Husband, Corporal Gary L. Shafto, was found dead in his cell in Ft Leavenworth Disciplinary Barracks. I do not have the energy or heart to go into details...it's been 2 1/2 months, and still have a very hard time writing about it. I receive regular emails from people after they have been exposed to and read this sight. I'm still receiving emails saying things to the effect of proving his innocence and bringing him home. People have been reading this sight thinking he is still alive. It breaks my heart everytime I get an encouraging email to continue fighting and bring him home. Well, I have brought him home, but not the way it was supposed be. It should have been a big welcome home party with friends and family, with balloons, streamers and welcome home signs. Instead he was brought home covered by the United States Flag, with a 21 gun salute and TAPS playing in the background. I have no more case to fight...three weeks after his death, I received notification from the Army Court of Appeals stating that the motion to drop all the charges and dismiss the case was granted. Alot that does now that my soulmate is dead...even more so, dead at the hands of the military, the USDB, and their guards. Please keep on eye on this sight...I promise you, there will be LOTS more to write and inform you of. Trust me on this... the fight is FAR from over!"

Far from over indeed! Events surrounding Gary's death have been closely guarded as national secrets. In light of unfolding reports of prisoner abuse at the hands of Army MPs, the custodial death of Cpl. Shafto must be carefully and publicly examined.

Copyright 2004

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What did Army MPs do to Coporal Gary Shafto at Fort Leavenworth in March 2002?

U.S. reservists accused of prisoner abuse

Six from Maryland unit are seen in photographs mistreating Iraqi detainees


By Tom Bowman and Ariel Sabar
The Baltimore Sun National Staff
"A lot of us have known about the arrests and the court-martial, but everyone knew to keep their mouths shut," said the woman, who spoke on condition of anonymity for fear of hurting her relative's military career.

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TREATMENT OF PRISONERS

G.I.'s Are Accused of Abusing Iraqi Captives

By JAMES RISEN
New York Times
"Of the six people reported in March to be facing preliminary charges, three have been recommended for court martial trials..."

JAG Hunter begging the question: What happened to Corporal Gary Shafto at Fort Leavenworth?

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Mailbag: Court Martial In Iraq

CBS News

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TV shows US military police torturing Baghdad prisoners

The Australian
From Correspondents in New York
"The US army announced that six members of the 800th Military Police Brigade would face court-martial over abuse of Iraqi prisoners at Abu Ghraib. The charges included cruelty and maltreatment, dereliction of duty, assault and forced acts of indecency."

JAG Hunter inquiry: Was U.S. Army Corporal Gary Shafto subjected to cruelty, maltreatment, assault, and acts of indecency at the hands of military police at Fort Leavenworth?


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Get subscribers posted by The JAG Hunter @ 4/29/2004 06:27:00 PM   0 comments

Office of Special Investigations

Air Force acquires geographic search tool


By Dawn S. Onley
Government Computer News Staff
"The office plans to integrate MetaCarta’s Geographic Text Search tool with its Threat and Local Observation Notice system to show a geospatial picture to analysts of potential or suspected terrorist activities, according to a company release. TALON is a program that encourages Air Force officials and citizens to report possible terrorist planning activities they observe."


JAG Hunter here: $1/2 million credited to the OSI military justice budget. And this question...how many terrorists do ya think we've enlisted in the Air Force?

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Get subscribers posted by The JAG Hunter @ 4/29/2004 05:45:00 PM   0 comments

Military delays arraignment of W'md's own Sgt.Williams

By Betsy Ficklin
The Westmoreland Journal Press
"People from one end of Westmoreland to the other became outraged when they learned from the front page of this Sunday's Free Lance-Star that one of the historical county's own sons, decorated Desert Storm hero and 17-year Army veteran, Jim Williams, is being treated like a common thug..."

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GSA Awards $25 Million Army CID Contract to American Systems Corporation (ASC)

Prime Zone Media Network
CHANTILLY, Va., April 28, 2004 (PRIMEZONE) -- "American Systems Corporation (ASC) announced today the award of a follow-on contract for software support to the U.S. Army Criminal Investigation Command (USACIDC). The task order, awarded by the General Services Administration (GSA) Federal Systems Integration and Management Center (FEDSIM) under the GSA Millennia Lite Contract is valued at more than $25 million over four years."

JAG Hunter query: The Army's military justice budget is at least $25 million. What's the total?



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Get subscribers posted by The JAG Hunter @ 4/29/2004 12:49:00 PM   0 comments

Inquiry sought into Muslim chaplain's case

Seattle Post-Intelligencer Staff and news services
"The case of Army Capt. James Yee raises serious questions about the fairness of military justice, said Sens. Carl Levin of Michigan and Edward Kennedy of Massachusetts."

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Get subscribers posted by The JAG Hunter @ 4/29/2004 12:39:00 PM   0 comments

Supreme Court refuses to hear school prayer case

By Staff Reporter
CHRISTIAN EXAMINER
WASHINGTON, D.C. — "The U.S. Supreme Court refused to hear an appeal of a ruling that struck down the Virginia Military Institute’s mealtime prayers as unconstitutional, causing two the court’s most conservative member to speak out against the court’s liberal judges avoiding an important church-state dispute."

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Powell: More Guantanamo Detainees to Be Freed

Fox News and The Associated Press
COPENHAGEN, Denmark — "Secretary of State Colin Powell said Thursday the United States expects to release more detainees from Guantanamo Bay (search) in Cuba soon, but first must make sure that interrogators have learned all they can from them about terrorism activity."

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19-year old Fort Lewis soldier...mom has a tumor in her head and breast cancer.

Police jail soldier for deserting Army

Garcia-Sanchez stayed home to take care of his sick mother

By Kelly Nix

The Salinas Californian
"Army spokeswoman Martha Rudd said soldiers who remain missing less than 30 days are considered to be "absent without leave," or AWOL, while soldiers gone longer, such as Garcia-Sanchez, are considered deserters."

JAG Hunter query: 2,731 reported deserters in the 2003 all-volunteer Army. What's wrong with this picture?

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Get subscribers posted by The JAG Hunter @ 4/29/2004 11:28:00 AM   0 comments

Wednesday, April 28, 2004

Enemy Combatants Excerpts

From Wednesday's Supreme Court oral arguments, as transcribed by Alderson Reporting Co.

By The Associated Press in The Guardian Unlimited

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This from National Public Radio

U.S. Supreme Court and Enemy Combatants


Talk of the Nation audio
Host: Neal Conan

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1 in 10 face NJP discipline at Camp Casey, South Korea...

New leaders briefed on misconduct, preventive measures at Camp Casey

By Seth Robson
Stars and Stripes Pacific edition
“In 2ID, which has 13,000 soldiers, there were 1,459 Article 15 actions last year...No statistics were available on the number of courts-martial”

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Get subscribers posted by The JAG Hunter @ 4/28/2004 11:05:00 PM   0 comments

Article 15 at Hill AFB

Nonjudical Punishment


Hilltop Times

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Probe of Muslim chaplain's treatment urged

By Matthew Daly
Associated Press writer in the Seattle Post-Intelligencer
"The government failed to build a capital espionage case against Yee, and Army officials dismissed all criminal charges last month, saying national security concerns prevented them from seeking a court-martial in open court."

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Legal commentary

Rejecting the All-or-Nothing Approach in the Moussaoui Case and the Guantanamo Detainees Oral Argument

By MICHAEL C. DORF
Find Law's Writ
"...much of the debate over civil liberties in wartime has, to this point, been framed in all-or-nothing terms. Against that backdrop, the courts' efforts to find a middle course are welcome."

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"We're appalled..."

Up Next: Court Martial in Iraq


CBS News - 60 Minutes II (Airs Wednesday, April 28, at 8 p.m. ET/PT)
"[Staff Sgt. Chip] Frederick is charged with maltreatment, assault and indecent acts for posing for a photograph while sitting on top of a detainee, striking detainees and ordering detainees to strike each other, among other things."

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Tuesday, April 27, 2004

Boeing probe widened, sanctions end seen delayed

By Andrea Shalal-Esa
Reuters and Forbes.com
"The U.S. Attorney's office in Los Angeles is handling the investigation, along with the Defense Criminal Investigative Service (DCIS), part of the Pentagon's inspector general office and NASA's inspector general, the sources said, confirming a report first published in the Wall Street Journal Tuesday."

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Will court uphold military detention?

Justices to hear arguments over enemy combatants


By Tom Curry
National affairs writer
MSNBC
"In a case to be argued Wednesday before the high court, the Bush administration will rely on the precedent established by Ex parte Quirin..."

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Boeing Faces Expanded Probe By Prosecutors

Dow Jones News Service
"The investigation, which involves a grand jury, is being conducted by the U.S. Attorney's office in Los Angeles, and agents of the Defense Criminal Investigative Service, which reports to the Pentagon's inspector general's office. NASA's inspector general also has joined the probe."

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Staff sergeant gets six months for desertion and dereliction of duty

By Ron Jensen
Stars and Stripes - European edition
"Staff Sgt. Toni Zito also was reduced to the rank of airman basic and given a dishonorable discharge at a two-day court-martial last week at the base."

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Monday, April 26, 2004

Supreme Court Won't Hear VMI Prayer Case

Fox News and The Associated Press
"Justice Antonin Scalia blasted his colleagues for refusing to hear the case, arguing that it raised important church-state and other questions."

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Justices won't consider banned prayers at Virginia Military Institute

The Virginia Pilot and The Associated Press
"A lower federal court had found VMI's mealtime prayers violate the Constitution, and the high court's action means that ruling will stand."

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No prayin' at VMI...at a time when our Troops need all the prayers we can pray

Supreme Court Won't Reinstate Prayer at Military College

NewsMax.com Wires
WASHINGTON – "The Supreme Court said Monday it would not consider reinstating mealtime prayers at a taxpayer-funded military college, turning aside an appeal from state officials in Virginia who wanted to preserve the tradition."

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From Texas A&M...

Trying times

Guantanamo detainees should get military trial due to 'enemy combatant' status


By Nicholas Davis
The Battalion - Texas A&M
The appropriate measure is to try the detainees in a U.S. military court, outside U.S. sovereignty. According to an article published by the Harvard Journal of Law regarding the Cuban detainees, a military trial is "morally, politically and legally justified."


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Get subscribers posted by The JAG Hunter @ 4/26/2004 12:38:00 PM   0 comments

Six soldiers arrested after Aggieville confrontation"

The Topeka Capital-Journal
MANHATTAN -- "Six Fort Riley soldiers were arrested early Saturday after a confrontation with police..."

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Sunday, April 25, 2004


ORBUSMAX.COM

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Training Air Wing 6 Commander Relieved

By Lt. Rob Lyon
Chief of Naval Air Training Public Affairs
CORPUS CHRISTI, Texas (NNS) -- "Rear Adm. George E. Mayer, Chief of Naval Air Training, has relieved Capt. Chaunce Mitchell, commander, Training Air Wing (TW) 6, of command due to a loss of confidence in his ability to command."

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Get subscribers posted by The JAG Hunter @ 4/25/2004 11:42:00 PM   0 comments

Commentary

Endless Detentions, Endless Power

by William Hughes
Media Monitors
"The important decision in the Jose Padilla and Yaser Esam Hamdi consolidate case is expected in July, 2004. If the Supreme Court gives the Bush-Cheney Gang a green light, then say good bye to our Republic. The police state, and the national nightmare of endless Pentagon detentions and endless presidential power, will be here!"

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Get subscribers posted by The JAG Hunter @ 4/25/2004 11:30:00 PM   0 comments

Terror suspects to be held indefinitely

Melbourne's - The Age
Washington
"The statement by Paul Butler, special assistant to Defence Secretary Donald Rumsfeld, is the first Government acknowledgment that hundreds of detainees will probably be held without facing military tribunals."

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Get subscribers posted by The JAG Hunter @ 4/25/2004 11:08:00 PM   0 comments

Status of Guantanamo detainee letters debated

JOHN MINTZ
The Washington Post
WASHINGTON - 'Attorneys for an Air Force translator at the Guantanamo Bay prison who faces a variety of criminal charges said military officials have offered contradictory explanations about whether they consider information found in his possession to be classified."

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Get subscribers posted by The JAG Hunter @ 4/25/2004 10:52:00 PM   0 comments

Battling his own Army

Army sergeant from Westmoreland County faces court-martial over actions in Iraq

By CATHY DYSON
"None of this passes the common-sense test," Shumac added. "They're trying to wreck this guy, and for what purpose I don't know. He was just doing what he had to do to get the job done."

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Get subscribers posted by The JAG Hunter @ 4/25/2004 02:43:00 PM   0 comments

Ahem...it's called the JAGMIRE

Commentary

The high court heard arguments on the rights of 650 prisoners held at a U.S. military base. The court will decide whether the U.S. will remain the land of the free and home of the brave.



By
Macomb Daily Editorial Board

"Historians may well remember the legal quagmire heard last week with the same high-strung emotions."

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Senators urge inquiry into Army chaplain's case

By Charlie Savage
The Boston Globe Staff
Kennedy, joined by fellow Democratic Senator Carl Levin of Michigan sent a letter to Rumsfeld saying the treatment of Yee, who was locked up for 76 days in a brig while the military investigated suspicions of espionage, "raises serious questions about the fair and effective administration of military justice."



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Get subscribers posted by The JAG Hunter @ 4/25/2004 02:22:00 PM   0 comments

Soldier charged with felony child abuse

By Courtney Mabeus
Fayetteville Online Staff writer
"[Army Sgt.] Douglas Bradley Allen, 23, of the 6900 block of Rockfish Road in Raeford, was charged with felony child abuse at Cape Fear Valley Medical Center."

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It's called oversight Mr. Secretary...and long past due!

Inside the Ring

By Bill Gertz and Rowan Scarborough
THE WASHINGTON TIMES
"Mr. Rumsfeld has made no secret of his dislike for congressional micromanaging and demands on his people's time."


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Saturday, April 24, 2004

Navy confirms weapons facility was temporarily decertified

The Seattle Post-Intellingencer and The Associated Press
BREMERTON, Wash. -- "A newly released Navy e-mail confirms its nuclear weapons handling facility at Submarine Base Bangor was decertified late last year and top officials were relieved of duty following an accident with a nuclear missile..."

As first reported here March 7, 2004

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Democrats Seek Probe of Army Chaplain's Treatment

Reuters
"Sens. Carl Levin of Michigan, senior Democrat on the committee, and Edward Kennedy of Massachusetts said the manner in which Capt. James Lee was detained and prosecuted "raises serious questions about the fair and effective administration of military justice."

JAG Hunter: Huh? Really? Ya think? Senators Levin and Kennedy awaken to a need for congressional oversight? Where the heck have I heard that before?!

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Get subscribers posted by The JAG Hunter @ 4/24/2004 11:39:00 AM   0 comments

Fort Lewis sergeant charged in wife's death

Seattle Post-Intelligencer staff and news services
"Sgt. James Pitts, 31, of Sheffield Lake, Ohio, pleaded not guilty in Pierce County Superior Court. Bail was set at $250,000."

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Get subscribers posted by The JAG Hunter @ 4/24/2004 11:29:00 AM   0 comments

Rumsfeld rejects idea of returning to the draft

By Guy Taylor
THE WASHINGTON TIMES
"Defense Secretary Donald H. Rumsfeld yesterday dismissed the notion of reinstating the military draft, saying that the Pentagon, if needed, can dig deeper into Reserve and National Guard forces to relieve troops deployed in the war on terrorism."

JAG Hunter observation: Talk about a draft is premature. Because the United States is a dedicated target (and it is), once bombs begin to explode in American malls and on U.S. trains with regularity, once the American public recognizes the very real need for troops defending our homeland - and finally realizes we don't have enough homeland defenders who are actually home (think National Guard) - then talk about a draft will become as credible as expedient and will rise up as more than political posturing.

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Get subscribers posted by The JAG Hunter @ 4/24/2004 11:20:00 AM   0 comments

Air wing commander fired

Personal misconduct cited as reason for Mitchell`s dismissal


From staff and wire reports
Pensacola News Journal
"The seasoned aviator commanding Pensacola Naval Air Station's Training Air Wing 6 was relieved of his duties Friday because of unspecified personal misconduct that caused a loss of confidence in his ability to command, Navy officials said."

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Friday, April 23, 2004

Remembering Pat Tillman

NFL.com
..."we need to recognize that this is just one story, one man, one sacrifice of many. "

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Commentary

How to balance security, liberties?

By Robert Robb
Arizona Republic columnist
"...unchecked detention authority is contrary to U.S. principles. By being slow to recognize this, the Bush administration has risked unwelcome and unwise criminal court oversight."

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Get subscribers posted by The JAG Hunter @ 4/23/2004 02:30:00 PM   0 comments

Terror-linked Mafia was suspected of fixing Navy contracts

Staff and wire reports
Stars and Stripes - European edition
"...mob witnesses told prosecutors the Camorra family wanted a piece of the Navy project before work had even begun. When that fell through, witnesses said they demanded cash payoffs from subcontractors. Some even confessed to murders."

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Get subscribers posted by The JAG Hunter @ 4/23/2004 01:34:00 PM   0 comments

Glint of an impostor catches agent's eye at Marine's funeral

BY JOHN P. MARTIN
New Jersey's Star-Ledger Staff
"Pinned to his chest were many of the nation's highest honors for bravery and valor, including the Navy Cross, two Silver Stars, two Bronze Stars, three Purple Hearts, a Distinguished Flying Cross and Vietnam medals."

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Get subscribers posted by The JAG Hunter @ 4/23/2004 01:01:00 PM   0 comments

Broken Arrow, Bangor: As first reported here...

Weapons facility was decertified, Navy confirms

By Chris Barron
Bremerton Sun Staff
"[Rear Admiral Charles] Young's e-mail, sent immediately after SWFPAC failed its first nuclear inspection, said the leadership was fired to get the weapons facility back on track."

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Thursday, April 22, 2004

Unintended consequences loom large.

Far-reaching implications to high court decision on Guantanamo Bay

The Morning Call Online
"If detainees aren't given basic legal rights at Guantanamo Bay, our troops, or any citizens seized overseas and held as prisoners could be at greater peril."

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Get subscribers posted by The JAG Hunter @ 4/22/2004 01:39:00 PM   0 comments

Fort Lewis soldier turns himself in; wife's body found

Suspect had returned to Fort Lewis after serving a year in Iraq


Seattle Post-Intelligencer staff and news services
The soldier, who late yesterday had not been publicly identified, returned to Fort Lewis last month after serving for a year in Iraq with the 555th Combat Engineer Group, or "Triple Nickel..."

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Get subscribers posted by The JAG Hunter @ 4/22/2004 01:07:00 PM   0 comments

War Crimes

By Traci Hukill
AlterNet
"Commander discretion" is enshrined in the Universal Military Code of Justice (sic) and vigorously defended by military leaders as a way to protect the investment represented by a soldier; leniency is endorsed essentially for assailants who are regarded as good soldiers. A 2001 panel that assessed the UMCJ on its 50th anniversary recommended curtailing some of that discretion, but military and civilian defense officials resist the idea.

JAG Hunter note: The military's punitive justice system is run by officer elites, without any congressional oversight - military governors exercising unlawful command influence - what Ms. Hukill describes as "commander discretion." Also: UCMJ stands for Uniform Code of Military Justice.

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Get subscribers posted by The JAG Hunter @ 4/22/2004 12:57:00 PM   0 comments

Accused terrorists face different kind of justice

By Toni Locy
USA TODAY
"Navy Lt. Cmdr. Charles Swift is asking a federal judge in Seattle to allow him to challenge the detention of Salem Ahmed Salem Hamdan, 34, of Yemen. Hamdan faces a tribunal but has not been charged."

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Get subscribers posted by The JAG Hunter @ 4/22/2004 12:28:00 PM   0 comments

Murder at Fort Lewis

Soldier turns self in; wife's body found

KGW News and The Associated Press
"This is the second time in the past year a Fort Lewis soldier has been arrested in connection with a homicide."

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Guantanamo policy on trial

Lawyers question U.S. right to detain prisoners

In re-election year, stakes extremely high for Bush


By Tim Harper
Washington Bureau - The Toronto Star
"It seems rather contrary to an idea of a constitution with three branches that the executive would be free to do whatever they want — whatever they want — without a check," said Justice Stephen Breyer.

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Ex-Boeing Official's Plea Poses Problems

By Jim Wolf
Reuters and MSN Money
"Druyun, a civilian, was the Air Force's No. 2 acquisition official from 1993 until her retirement in November 2002. She had worked out with Sears the outline of her new job three weeks before she formally removed herself from overseeing Boeing-related matters, court papers showed."

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Guam drug investigation has led to 20 arrests

By Jennifer H. Svan
Stars and Stripes Pacific edition
"The sailors — junior personnel, most with less than two years of military service — worked for Submarine Squadron 15, Navy Security Force and Helicopter Combat Support Squadron 5."

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Wednesday, April 21, 2004

Ex-Air Force official guilty in tanker case

Druyun negotiated Boeing job while in charge of 767 deal

Seattle Post-Intelligencer staff and news services

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JAGs advising commanders about conduct on the battlefield

The Real Jag, It’s Better Than the TV Show

Sending In The Cav: A Soldier's Story

By Spc. Andy Miller, Spc. Andy Miller
For KWTX TV - Waco, Texas
“We’re not bad guys, … we play fair … we fight fair, and that can go along way toward winning a war.”

JAG Hunter query: Does anyone wonder what kind of advice JAGs provided General Wesley Clark during the seige and final assault at Waco?"

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SILENCE! And that's an order!!

Gag Order?

Lawyer Believes Army Chaplain Cleared of Spy Charges Is Being Silenced

By Jake Tapper
ABC News
"The letter, received on April 6, informed Yee that as a soldier he is ordered — with threat of punishment under the Uniform Code of Military Justice — to refrain from any speech violating what sound like fairly vague and malleable criteria."

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Stolen Valor? Release your records Senator Kerry!

RNC: Release All of Kerry's Military Records

By Jimmy Moore
Talon News
"Senator Kerry's record of nondisclosure and his flip-flop on this issue should concern voters," Mehlman told the Associated Press.

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Pentagon names Guantanamo trial prosecutor

Reuters
Washington - "Army Lieutenant Colonel Robert Swann has been named chief prosecutor for any trials conducted by United States military commissions of foreign prisoners jailed at Guantanamo Bay, Cuba, in the war on terrorism, the Pentagon announced on Tuesday."

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Commentary: Captain James Yee

Captain Yee's sympathy circle

By Michelle Malkin
Townhall.com
"After the Yee case came to light last fall, I wrote that the military's dangerous deference to radical Islam was a menace to our national security. The outcome of the Yee case does not change my position on this."

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Supreme Court justices open to challenge on Guantanamo detainees

By Michael McGough
Post-Gazette National Bureau
O'Connor summarized the Eisentrager ruling this way: "At the end of the day these people have no rights [because] they've had a trial under a military tribunal."

JAG Hunter observation: At the end of the day, no one tried before a U.S. military kourt has any rights or protections. Military trials have been conducted that way for a long time because of a Supreme Court doctrine of deference. Maybe new news to Justice O'Connor. But not around the JAGMIRE swamp.

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Air Force Academy rape kourt-martial. COMMAND INFLUENCE in plain view!!!

Marco cadet awaits Air Force's court-martial ruling in May

By BILLY BRUCE
Staff Writer - Naples Daily News
"Meester says the officers forced academy base commanders to pursue the case, despite knowing that an acade my investigator recommended the Air Force not proceed with it. The officers ignored an investigator's recommendation to dismiss the rape charges."

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Unlawful detention? Unlawful imprisonment? Kidnapping? Take you pick!

Former soldier charged for guns

By Kevin Maurer
Fayetteville Online Staff writer
"The Army typically confines members of a unit when dangerous, expensive or "sensitive" equipment is missing."

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Druyun sending others to the federal tank?

Boeing's Druyun pleads guilty to conspiracy, will help probe

By Alan Bjerga
Knight Ridder Newspapers
"The government can seek reduced penalties depending on how much Druyun cooperates with investigators from several agencies, including the Pentagon's inspector general, the Air Force Office of Special Investigations and the FBI."


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Gitmo Military Tribunals Pose Life, Death Question

By Liza Porteus
FOX News
"Military juries are certainly not afraid of handing out Draconian sentences, but who knows what — they don't have a track record for any of this," said Eugene R. Fidell, a lawyer with Feldesman Tucker Leifer Fidell LLP.

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Supreme Court Takes Hard Look at Guantanamo Detention

By James Vicini
Reuters
WASHINGTON (Reuters) - "U.S. Supreme Court justices on Tuesday sharply questioned the administration's detention of enemy combatants at what their lawyer termed a "lawless enclave" at Guantanamo Bay without access to the courts, in the first big legal test of the war on terrorism."

More on this story...

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Tuesday, April 20, 2004

ORBUSMAX

The Pacific Northwest's answer to the Drudge Report

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Former Boeing Executive Pleads Guilty To Conspiracy

KOMO 1000 News
"Darleen A. Druyun, 56, of Vienna, Va., entered the plea in U.S. District Court to a single count of conspiracy, which carries a maximum five years in prison."

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Two soldiers ordered held in connection with fatal stabbing in German nightclub

By Lisa Horn
Stars and Stripes - European edition
"On Monday, a German court ordered two American soldiers to be detained pending charges surrounding the fatal stabbing of an Italian man at the Euro Palace nightclub in Mainz-Kastel."

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Explaining Eisentrager

By Dave Kopel
NRO
"As the Supreme Court considers whether the U.S. Constitution protects the prisoners held at Guantanamo Bay - it hears oral arguments today in the case - the central issue is the meaning of a case involving illegal combatants from World War II: Johnson v. Eisentrager."

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Court martial date set for Mejia

By Patrick Donahue
Executive editor, Hinesville Costal Courier
"Staff Sgt. Camilo Mejia pled not guilty to desertion Friday during an arraignment in a Fort Stewart courtroom. Mejia was charged with quitting his unit, C Company, 1/124th Infantry Battalion, with the intent to avoid hazardous duty Oct. 16, 2003."

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Guantánamo cases go to supreme court

Suzanne Goldenberg in Washington
The Guardian
"Today's case is the first of three challenges to the administration's sweeping powers over the hundreds of men and boys held for more than two years without charge or access to lawyers at the US base in Cuba following the invasion of Afghanistan."

Click here for more analysis

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On the Net -

Link to the Supreme Court

Link to
Gunatanamo Case briefs

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President criticizes his case before the U.S. Supreme Court

KSTP TV

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Brief History of Guantanamo Bay

FOX News

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Monday, April 19, 2004

Adrift at Guantánamo

by Mark David Agrast
The Center for American Progress
"... a group of retired senior JAG officers has submitted a brief in the cases, arguing that the behavior of the United States undermines the reciprocity on which the international rule of law depends and puts at risk American service members who are captured behind enemy lines."

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20 sailors charged in drug bust

By Theresa Merto
Pacific Daily News - Guam
"...the sailors involved in the drug bust were either stationed on Submarine Squadron 15 or the Navy security forces."

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World News from the Borneo Bulletin

US GI arrested for murder in disco fight

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Third world justice in a thrid world nation

Meeting yields little new about detained soldiers of Springfield-based unit

By SHAWN ANKROM
News-Sun Staff Writer
"Hearings and courts martial will not be moved to the United States."

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US Soldier arrested

The Irish Examiner
"A US soldier was arrested yesterday over the stabbing death of an Italian teenager and the wounding of three other men in a nightclub brawl."

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Supreme Court to hear Guantánamo cases

By Patti Waldmeir in Washington
Financial Times
"...the cases are expected to prove the most important test yet of the power of the executive branch to conduct a war-on-terror campaign..."

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The political court-martial of Maj. Harry Schmidt

High-tech solution to friendly fire deaths remains years away, military says"

MURRAY BREWSTER
Canadian Press
"On April 18, 2002, a U.S. pilot mistook the nighttime firing of Canadian troops on a training exercise outside of Kandahar for Taliban fighters."

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Sunday, April 18, 2004

The political court-martial of Maj. Harry Schmidt...two years and counting!

Two years to the day, memorial a reality

By Jessica Leeder
The Edmonton Journal
"Along with Sgt. Marc Leger, Pte. Nathan Smith and Pte. Richard Green, Dyer died April 17, 2002..."

JAG Hunter questions: Why were these Canadians awarded the U.S. Bronze Star Medal? The Bronze Star for a "friendly fire" accident? Four more cases of stolen valor? Come on!

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Major General John Altenburg, USA (Ret.)

Dayton Native Oversees Guantanamo Bay Trials

Ohio News Network
"A former Army two-star general who will oversee military tribunals for terrorism suspects at Guantanamo Bay says he's confident the process will be fair."

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Supreme Court Terrorism Glance

The Seattle Post-Intelligencer and The Associated Press
"The Supreme Court on Tuesday hears two consolidated appeals from current and former prisoners at the military's detention camp at Guantanamo Bay, Cuba."

Much is written about arguments scheduled before the Supreme Court on the workings of U.S. military justice. Click here for: More analysis.

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U.S. sailor arrested for touching woman's breasts

Japan Today
"U.S. Navy Petty Officer 2nd Class Henson Justice, 25, denies the accusation..."

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Commentary: The Supreme Court's role...

Courts must guard liberty in war
By RICHARD H. KOHN
Special to the St. Louis Post-Dispatch
"A review of our history is not reassuring, however. In war, the executive branch by necessity expands in power; Congress and the judiciary recede, deferring to the president and his officers."

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Saturday, April 17, 2004

"I've been ridin' on the railroad..."

Lawyer: Brass may have swayed case

Judge to decide if AFA cadet should face trial for rape

By Dick Foster
Rocky Mountain News
"[Cadet Meester's attorney, Frank] Spinner cited evidence Friday that Rosa and Weida had met in Washington, D.C., with Air Force Secretary James Roche and Air Force Chief of Staff Gen. John Jumper on May 16, two days after Meester's Article 32 hearing."

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V-22 Osprey lawsuit tossed

Bell whistle-blower lawsuit dismissed

By Bob Cox
Star-Telegram Staff Writer
"The V-22, Bell's largest and most important project, has been marked by developmental problems, delays and cost overruns. The aircraft were grounded for 18 months after two crashes in 2000 that killed 23 Marines."

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The political court-martial of Maj. Harry Schmidt

Friendly fire binds families in tragedy

2 years since U.S. killed 4 Canadians

Bomber pilot's trial still pending

By TIM HARPER
WASHINGTON BUREAU - The Toronto Star
"The three women are a reminder that, for all the political ramifications of the friendly fire bombing in Afghanistan two years ago today, it was first and foremost a human drama that remains unresolved for families across the continent."

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AFA rape court-martial - Unlawful command influence argued

Attorney in rape case wants integrity

By PAM ZUBECK - THE Colorado Springs GAZETTE
“Restore the integrity of the process and show the American public that a judge can be independent and courageous,” defense attorney Frank Spinner said Friday.


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Reporters transcript

David Hicks accused of having been trained by al-Qaeda

Correspondents Report - Sunday, 18 April , 2004
Reporter: Lisa Millar
LISA MILLAR: Major Mori, were you surprised to see that an interrogator was speaking out publicly about what he said he'd learned from David Hicks?

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Inside the Ring

By Bill Gertz and Rowan Scarborough
THE WASHINGTON TIMES
"The Army brought in Charles Krohn to help salvage the stewardship of Army Secretary Thomas White. As Mr. White's public affairs adviser, Mr. Krohn fielded press questions about the embattled secretary's lucrative career at Enron."

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Soldiers' families seek answers

By SHAWN ANKROM
Springfield News-Sun Staff Writer
"Families are frustrated and angry, fearful of talking about 21 soldiers from the U.S. Army Reserve 656th Transportation Company being held indefinitely in Iraq military zone after being accused of crimes involving destruction or theft of government property."

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Supreme Court will hear first appeals involving Guantanamo detainees

From Bill Mears
CNN Washington Bureau
WASHINGTON (CNN) -- "Raising the curtain on an important test of the legal muscle of the Bush administration's sweeping antiterrorism policies, the Supreme Court will hear two appeals Tuesday that question whether hundreds of terrorist suspects imprisoned in near-secrecy at an overseas military base are being detained lawfully."

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Pending the Supreme Court ruling

Class action plan against US

By Robert Smith
Gulf Daily News
"A hearing is scheduled for the US Supreme Court on Tuesday in which 16 detainees will appeal against an earlier ruling that they fall outside the jurisdiction of the US legal system."

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Supreme Court to examine terror war policies"

By STEPHEN HENDERSON
Knight Ridder Newspapers
"Over the next two weeks, the Supreme Court will review these policies in four of the most pivotal cases this term. The justices will hear arguments in cases that will decide whether the administration's war on terrorism is being conducted in accordance with constitutional restraints or whether it represents an unprecedented, and illegal, power grab on the part of the executive branch."

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The Hidden Supreme Court

The Village Voice
Liberty Beat
by Nat Hentoff
"If the Supreme Court agrees with George W. Bush—says Judge Barrington Parker Jr. of the Second Circuit Court of Appeals—"we would be effecting a sea change in the constitutional life of this country." (Emphasis added.)

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Article 15 results - Non-judicial punishment

Ellsworth AFB Airmen receive Article 15 punishment

The Black Hills Bandit
"An airman first class from the 28th AMXS received an Article 15 for wrongful use of marijuana. Punishment consisted of reduction to the rank of airman basic. The Airman was administratively discharged."

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Friday, April 16, 2004

Captain Yee update: Gag order imposed

All charges dropped, but Army gags Yee

By MIKE BARBER
SEATTLE POST-INTELLIGENCER REPORTER
"Its clear purpose [the gag order] was to chill his exercise of free-speech rights. It was an order reminding him of the constraints on his free-speech rights and helpfully reminding him if he violates them, they would punish him criminally."

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Commentary: Captain James Yee

Yee's case proves it: Power corrupts

By ROBERT L. JAMIESON Jr.
SEATTLE POST-INTELLIGENCER COLUMNIST
"Uncle Sam basically wants Yee to zip his lips."

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Command influence in plain view

Ex-AFA cadet's lawyers point to politics

By Dick Foster, Rocky Mountain News
"His lawyers said high-level Air Force officials may have influenced lower officers to pursue the prosecution of Meester, even though a legal officer who heard the case last May recommended against court-martialing him."

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Military bids to dispel 'myths' of Guantanamo prison

The Billings Gazette and Knight Ridder News
GUANTANAMO BAY NAVAL BASE, Cuba - "As the indefinite detention of terrorism suspects faces legal challenges, military authorities have allowed unprecedented media access to prison operations in a bid to dispel what they call "the myth" of human rights violations."

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Air Force Academy pretrial hearings underway

Marco cadet's pretrial hearings begin at Air Force Academy

By BILLY BRUCE
Naples Daily News
April 16, 2004
"Meester, the first cadet at the academy to face court-martial in the scandal, is charged with rape, forcible sodomy, indecent assault and conduct unbecoming an officer."

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Don't try this at home..."Sergeant took explosive as war trophy, Marines testify"

Court-martial under way for explosion aboard Saipan that injured 10

The Marine Corps Times and the Associated Press
“I heard two of the batteries hit something metal,” Hayes said. “I woke up three to four days later” in a U.S. military hospital.

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US interrogator lifts lid on Guantanamo Bay suspects

By Kathy Marks
The Independent - UK
"The interrogator, said to be in the US Army and identified only as Tom, said on the 60 Minutes II programme that Mr Hicks, from Adelaide, became so deeply involved in the al-Qa'ida network that he..."

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Commentary by
Corin Redgrave:


Remember - Britain still has prisoners in Guantanamo

Moazzam Begg is held in solitary confinement at Guantanamo, and only leaves his cell after dark


The Independent - UK
"Next Tuesday, the US Supreme Court will hear arguments from the American lawyers who have challenged the administration and the lower court's refusal to grant detainees access to judicial review. The case is joined by 175 British peers and MPs, and by the officers from the US Judge Advocates Group who have been assigned to defend the detainees. "

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Special Forces Soldier Charged With Molesting 2 Girls

Investigators: Child Porn Found On Computer

NBC TV
"It doesn't reflect well on the military. If, in fact, (Miller) is doing these things," Beaty said. "But, we're not all the same person. There's bad people in every group."

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Guam sailor found innocent in baby’s death

By Greg Tyler
Stars and Stripes - Pacific edition
Friday, April 16, 2004
"The defense also pointed to the investigation by the Navy Criminal Investigative Service as lacking thoroughness, based largely on the mother’s accusation."

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Cuba seeks US censure on X-Ray

The Australian
From correspondents in Geneva
"CUBA said today that it would ask the UN's top human rights body to investigate the United States' detention of al-Qaeda and Taliban suspects at its naval base in Guantanamo Bay, ending Havana's policy of avoiding direct confrontation on the issue."

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Fort Bragg Soldier Faces Multiple Sex Charges

WRAL TV
"After a four-month investigation, Cumberland County detectives arrested Sgt. 1st Class Scott Kendrick Miller Thursday."

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Cutting parachutes 'Chaffin's idea'

April 03, 2004 (published April 16, 2004)
ERIC STEINKOPFF
DAILY NEWS STAFF
"A Marine who pleaded guilty to sabotaging military parachutes said Friday that the idea of cutting suspension lines in the chutes came from Marine Cpl. Clayton Chaffin."

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Thursday, April 15, 2004

Marines testify at court-martial

KAIT TV
Camp Lejeune, North Carolina-AP -- "A Marine sergeant is facing charges for allegedly bringing what he saw as a war trophy aboard a warship."

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Article 15 Hearings at Hill AFB

Nonjudical Punishment

by Capt. Griffin Dunham
Staff Judge Advocate's Office
Hill Top Times
"All administrative action decisions and resulting punishments are determined on a case-by-case basis taking several factors into consideration to include the facts and circumstances of a particular case, the accused's duty history, culpability, rank and age, and potential for rehabilitation."

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Guantanamo chaplain cleared of all charges

The Washington Times
MIAMI, April 14 (UPI) -- "The commander of the U.S. military's Southern Command Wednesday dismissed all charges against Muslim chaplain Capt. James Yee."

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More on Operation Highest Bidder

Sting targets Internet sales of stolen armor

By Bill Bergstrom
Associated Press
"Federal investigators began a sting to make purchases on the Internet auction site and have identified suspected sellers in 33 states..."

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Captain Yee cleared of all charges. What evidence ever existed to support Army governors locking this man up for 76 days?

Reprimanded soldier gets a clean slate

BY NANCY SAN MARTIN
KNIGHT RIDDER NEWSPAPERS
"Gen. James Hill said he dismissed a reprimand on noncriminal charges of adultery and downloading pornography against Capt. James Yee, 35..."

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New River Marine in court martial for shipboard blast off Iraq

The Associated Press
"Sgt. Mark S. Hoerber, 24, of Miami, is facing a court-martial on charges that include damaging the USS Saipan by bringing the explosive onboard, assault, and failure to obey a general order."

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Soldier with 101st Airborne arrested in bank robbery

Waterloo - Cedar Falls Courier and The Associated Press
"Master Sgt. Kenneth Lee Schweitzer, 38, walked into the Keokuk Savings Bank about 3 p.m. Tuesday, threw a bag on the counter and demanded money, police said."

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Wednesday, April 14, 2004

Pardon this question gone begging...what exactly happened to Army Corporal Gary Shafto at Fort Leavenworth?

Two Marines face court-martial for allegedly assaulting Iraqi prisoner

The Navy Times and The Associated Press
CAMP PENDLETON, Calif. — "Two Marines face a court-martial on charges including assault and dereliction of duty in the death of an Iraqi prisoner in their custody, a Camp Pendleton spokeswoman said Tuesday."

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Okinawa Marine arrested in assault

Stars and Stripes
Pacific edition, Wednesday, April 14, 2004
KIN, Okinawa - "Okinawa police said they arrested a 22-year-old Marine assigned to Camp Hansen after he punched a Japanese woman in the face early Sunday while drinking at a local bar."

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Watchdog Group Hails Boeing Case Guilty Plea

U.S. Newswire
WASHINGTON, April 13 /U.S. Newswire/ -- "News that former Air Force procurement official Darleen Druyun has agreed to plead guilty in a federal criminal case to one count of conspiracy has been hailed by the ethics watchdog group that first exposed personal ties between Druyun and Boeing."

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A dangerous liaison

Everett police to join in sharing information on crime, terrorism

The Seattle Times
"Besides Everett, other agencies involved in this program include the Naval Criminal Investigative Service, Bremerton Police Department, Seattle Police Department, Snohomish County Sheriff's Office and Washington State Patrol."

JAG Hunter emphasis

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Marines cleared in death of corporal from Arundel

Family disputes accounts of 'friendly fire' incident

By Ariel Sabar
Baltimore Sun Staff
"Military investigators have exonerated a Marine sniper team that killed a 20-year-old corporal from Pasadena in Iraq last April after mistaking him for an enemy fighter."

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Two Marines face court-martial for allegedly assaulting Iraqi prisoner

The San Jose Mercury News and The Associated Press
CAMP PENDLETON, Calif. - "Two Marines face a court-martial on charges including assault and dereliction of duty in the death of an Iraqi prisoner in their custody, a Camp Pendleton spokeswoman said."

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Navy Investigates 'Security Breach' At Base

Channel 10 TV News - San Diego
"Earlier this year, five Chinese nationals entered the base perimeter of Naval Station San Diego without clearance, sources told 10News."

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ID theft ring strikes carrier Washington's officers

By MATTHEW DOLAN, The Virginian-Pilot
© April 14, 2004
"Although the identity theft ring operated in and around Baltimore, naval investigators suspect that an enlisted sailor on the George Washington aided the thieves, according to court papers and interviews."

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Tuesday, April 13, 2004

All volunteer since 1973...the U.S. armed forces draws only the best...

Iraq awaits man on probation

By ROBIN FITZGERALD
The Sun Herald - South Mississippi
GULFPORT - "A judge declined to revoke probation Monday for a Stone County man who failed two drug tests, allowing him a chance to serve with U.S. Marines in Iraq."

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Body armor thefts - Operation High Bidder

Man charged with selling stolen military vests online

By Dalondo Moultrie
Of The Morning Call
"A Trappe man has been charged with selling at least seven stolen military-issue bulletproof vests on an online auction site between January and April 2003, authorities said."

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Utah Soldier Charged With Having Sex With Minors

KSL TV News - Utah
"Court documents say the Colorado incident happened while Park was stationed at Fort Carson."

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Armor probe hits Bragg

By Justin Willett
Staff writer Fayetteville Online
"Frank Crocco, resident agent in charge of the DCIS Raleigh office, said four civilians and three servicemen were targeted in the searches."

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Fort Campbell soldier arrested in shooting death of civilian


Kentucky New Era Online and the Associated Press
"Michael Joseph Hulett, 19, assigned to Company B, 2nd Battalion, 502nd Infantry Regiment, was charged Sunday with criminal homicide in the killing of Fahmee A. Donahue in Clarksville."

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Charges against reservist dropped

Houston Chronicle World Briefs
"Charges against a Marine reservist accused in the death of an Iraqi prisoner last year have been dismissed"

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Monday, April 12, 2004

Supreme Court arguments set for 20 and 28 April 2004

Guantanamo detentions undermine US constitution

By Khalid Hasan
Daily Times - Pakistan
"The cases also shine a spotlight on the role of international human rights law in US courts and on the obligation of the United States to support human rights principles at home as well as abroad..."

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What do ya do with a drunken sailor...?"

Drunk U.S. seaman steal fishing trawler

Mainichi Daily News
April 12, 2004

SASEBO, Nagasaki -- "Two United States Navy sailors were arrested Monday for stealing a fishing trawler after a drinking spree here, police said."

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Navy court to resume Shepherd murder trial

By Theresa Merto
Pacific Daily News - Guam

"For the past week, a court-martial has been taking place for Navy Petty Officer 2nd Class Anthony Shepherd, who has been charged with murder."

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On the lecture circuit...

Justice to speak at law school

The Sagamore
"Indiana Supreme Court Justice Frank Sullivan says the courts have been wrong before, and they could be again."

Judge Sullivan Sullivan will lecture in Room 100, the Wynne Courtroom, at Inlow Hall. The lecture will begin at 6 p.m. To attend, RSVP by April 12 by calling 317-278-3400.

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Duty in Iraq...above and beyond

GIs in Iraq escape sex-crime prosecution

Military records show soldiers receive light punishments

By Miles Moffeit
DENVER POST

"U.S. soldiers accused of rape and other sex crimes...routinely dodged prosecution..."

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Ft. Campbell soldier arrested on homicide charge

WKRN TV and The Associated Press
12 April 2004

"Military police located 19-year-old Michael Joseph Hulett at his barracks Sunday and turned him over to Clarksville police."

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Naval Criminal Investigative Service agents at serious odds with constitutional protections

Confession ruled reinstated in '68 Navy slaying

Newsday.com & The Associated Press

April 11, 2004

"When questioned by Navy investigators in 2000, LeBrun was told he was not under arrest, and was asked to give a voluntary statement. They chose not to advise him of his Miranda rights."

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Saturday, April 10, 2004

Soldiers, Sailors still can't vote...

Military Voting System Plagued by Woes

FOX News
Thursday, April 08, 2004
WASHINGTON — "The Pentagon has failed to fix a problem with the military's voting system — one that may keep American soldiers from voting for who they want as commander in chief, Fox News has learned."

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Navy Times

Challenge filed against tribunal trials for Gitmo detainees

By Gene Johnson
Associated Press
"The tribunal system is an unconstitutional expansion of executive branch powers, says the filing by Navy Lt. Cmdr. Charles Swift..."

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Unlawful command influence

AFA court-martial illegally influenced, lawyer says

By Pam Zubeck - THE GAZETTE
"Attorney Frank Spinner will argue during a hearing next week that statements made by Air Force Secretary James Roche and Chief of Staff Gen. John Jumper gave an appearance they wanted Douglas Meester to be courtmartialed."

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Article 15 - School bomb threat in Yokota

Three implicated in Yokota bomb threats

By Jennifer H. Svan, Stars and Stripes
Pacific edition, Saturday, April 10, 2004
"A staff sergeant has received nonjudicial punishment in connection with a Jan. 8 bomb-threat note...[left] in Yokota Middle School on March 29..."

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Civil-Military relations
Posted on Sat, Apr. 10, 2004

Murder confession reinstated

Man charged with shipmate's 1968 slaying

By Mark Morris
The Kansas City Star
"In September 2000, LeBrun confessed to officers of the Naval Criminal Investigative Service that he had stolen $8,600 from the ship's safe and then strangled Ensign Andrew Muns, the ship's payroll officer."

JAG Hunter comment - It appears from this report that Mr. LeBrun is a civilian begging the question: Why did the NCIS interrogate a civilian (sans Miranda warnings) in September 2000 over a crime that took place in 1968?

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Washington Times

Inside the Ring

By Bill Gertz and Rowan Scarborough
"Maj. Schmidt believed gunfire from a Canadian training exercise in April 2002 was aimed at his F-16 and he responded by dropping a 500-pound bomb."

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Commentary from Slate
Jurisprudence The law, lawyers, and the court.

Hired Guns

What to do about military contractors run amok.

By Phillip Carter
Posted Friday, April 9, 2004, at 2:57 PM PT
"The hardest problem to solve is that of armed contractors and their international legal status."

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Sasebo sailor admits raping woman

By Greg Tyler, Stars and Stripes
Pacific edition, Saturday, April 10, 2004

Early in the session, after a short synopsis of the crime and the “rape resulting in bodily injury” charge, Bates declined an opportunity to speak.

“Does this mean these facts are correct?” the judge asked via an interpreter.

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Friday, April 9, 2004

Fort Hood soldier arrested...

Man sentenced for trying to meet teen for sex

11:07 AM CDT on Friday, April 9, 2004
KVUE.com
And Thursday officers arrested a Fort Hood soldier after he drove to the Buda area to meet an underage “girl.”

Dionne A. Richard Jr., 41, who resides on base, was charged with attempted sexual assault of a child.

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Washington Post

Yemeni's Attorney Tries to Halt Tribunals

By John Mintz
Washington Post Staff Writer
Thursday, April 8, 2004; Page A15
"My jaw dropped when I heard about this suit," said Kevin Barry, a retired Coast Guard captain and expert on military law. "To my knowledge it's the first time a military defense counsel has filed suit in federal court on a case to which he's been assigned."

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Lexington Herald-Leader

Soldier will face court martial

MAN ACCUSED OF STEALING SHEIK'S TRUCK IN MOSUL
Associated Press
Sgt. 1st Class James Williams, with the Fort Campbell-based 101st Airborne Division's 326th Engineer Battalion, is charged with one count of robbery and one count of dereliction of duty for the events that allegedly occurred in April 2003 in Mosul, Iraq.

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Why is the NCIS involved?

Investigators Search for Murder Weapon

ABC - First Coast News

Naval Crime Investigative Services [NCIS], and deputies with the St. Johns County Sheriff’s Office scoured the beach Wednesday looking for the murder weapon.

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Thursday, April 8, 2004

Maj. Harry Schmidt update

Clearance not allowed for Schmidt’s attorney

By Bruce Rolfsen
Air Force Times staff writer

Until the tussle over seeing the classified material is settled, the start of Schmidt’s trial is on hold.

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The Miami Herald

Army: Guardsmen not responsible for death of soldier in Iraq

The Associated Press

TAMPA, Fla. - Army officials said two Florida National Guardsmen were not responsible for the death of a fellow Tampa soldier killed a year ago when their military vehicle crashed in western Iraq.

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Seattle Post-Intelligencer

Military lawyer sues government for detainee's release

By GENE JOHNSON
ASSOCIATED PRESS WRITER

Navy Lt. Commander Charles Swift filed the lawsuit in U.S. District Court in Seattle this week on behalf of Salim Ahmad Hamdan, one of six detainees the administration has said it plans to try by tribunal.

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The New York Times

Suit Contests Military Trials of Detainees at Cuba Base

By NEIL A. LEWIS
Published: April 8, 2004

WASHINGTON, April 7 — A military lawyer for a detainee at the Guantánamo Bay Naval Base in Cuba has filed the first lawsuit directly challenging the military tribunal system that has been set up to try prisoners including his client.

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Guantanamo on trial...Supreme Court arguments scheduled this month...

Experts weigh in on medical, legal rights of detainees at SPH conference

By Tim Stoddard

“The question in front of the Supreme Court,” [Professor Annas] says, “is whether or not a detainee has access to the U.S. courts to raise due process questions, such as access to lawyers, charges against them, public trial. That question turns on whether or not they are in a U.S. territory where the U.S. is sovereign.”

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Department of Defense Press Release

Ballistic Vest Search Warrants Served

No. 275-04
IMMEDIATE RELEASE April 8, 2004

The Department of Defense announced today that agents from the department’s Inspector General’s Defense Criminal Investigative Service (DCIS) and other military criminal investigative organizations executed search warrants in seven states as part of an ongoing investigation into the illegal sale of stolen military ballistic protective equipment on Internet auction sites.

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Charges filed in Internet sale of military gear

By Joseph A. Slobodzian
Philadelphia Inquirer Staff Writer

U.S. Attorney Patrick L. Meehan said the stolen items - at least 539 "outer tactical vests," or OTVs, and 506 pieces of "small-arms protective inserts," or SAPIs, which fit into the vests to make them bulletproof - were stolen by current and former military personnel.

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Doctors take stand in military court case

By Theresa Merto

Pacific Daily News - Guam

The person who killed 1-month-old Jonathan Aidan Shepherd held the boy by the head and repeatedly violently shook the infant, but according to doctors who testified in a military court yesterday, there is no way of telling who committed the act.


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John Kerry's Trail of Treachery

By WinterSoldier.com
WinterSoldier.com | April 8, 2004

April 22, 1971 -- John Kerry testifies on behalf of the VVAW before the Senate Committee on Foreign Affairs. He claims that American soldiers had "personally raped, cut off ears, cut off heads...

JAG Hunter kudo: A sharp salute to the American veterans of the Vietnam War, who served America with courage and honor. Thank you for your service!!

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Wednesday, April 7, 2004

Beach officials charge Navy pilot with bigamy

By MATTHEW DOLAN , The Virginian-Pilot
© April 7, 2004 | Last updated 10:19 PM Apr. 6

VIRGINIA BEACH — Did Lt. Cmdr. Karlis I. Burton commit a crime or make an innocent mistake?

Earlier this year, the Navy investigated a claim that Burton, a married man, had wed another woman illegally. His wife provided evidence – two marriage certificates, hers and the other woman’s from a Virginia Beach court record.

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Military jury clears Marine of parachute charges, guilty on drugs

The Charlotte Observer
Associated Press

CAMP LEJEUNE, N.C. - A military jury Wednesday acquitted a Marine of charges he sabotaged his comrades' parachutes and caused three servicemen to get hurt during a training jump. But the jury convicted him on drug charges.

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Baby's mother takes stand in court-martial

By Theresa Merto Pacific Daily News - Guam

Candice Shepherd, 21, a Navy seaman, testified yesterday that she went to sleep early on Sept. 20 because she had to work the following day. She said her baby was "fine."

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Soldier Charged With Soliciting Sex From Young Girls Online

CBS News - Apr 6, 2004 4:32 pm US/Mountain

[Specialist Lennon] Park is an intelligence specialist with the Utah National Guard who may have disgraced the uniform.

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Another unreported "event" at Subase Bangor

"During my service time, an incident such as that would have been called a 'Bent Spear,' no public notification would have been given. Hell, I was topside security on the USNS Furman when a marine let go a .50 cal round which bounced off the crane cable holding a Polaris missile at SWFPAC, and a broken arrow was not called."

John Hallisey GMT1 (A long time ago).

JAG Hunter comment: One must wonder what else has gone unreported by Navy seniors at SWFPAC?

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Civil Military Relations - Sidebar companion to the Shukovsky - Barber artilcle posted yesterday

'Nobody is safe from' scrutiny of program

People on both sides worry about possible errors and abuses

By PAUL SHUKOVSKY AND MIKE BARBER
SEATTLE POST-INTELLIGENCER REPORTERS

The LINX system's unprecedented power to catch criminals and thwart terrorists also carries a serious potential for abuse of civil rights, law enforcement observers say. And the ramifications for free speech and other constitutionally protected activities such as political opposition to administration policies in Iraq are profound.

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Tuesday, April 6, 2004

Civil Military Relations - Late entry

Data exchange critical in nabbing terrorists

Saturday, November 29, 2003

By PAUL SHUKOVSKY AND MIKE BARBER
SEATTLE POST-INTELLIGENCER REPORTERS

So instead of waiting for the G-men in the other Washington to make up their minds, frustrated leaders from more than a dozen area law-enforcement agencies are doing it on their own.

The agencies participating in the program, funded by the civilian-led Naval Criminal Investigative Service, will have unprecedented online access to local, state and federal databases and will be able to tap into those files with a Google-like search engine as early as next spring.

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Civil Military Relations -- NCIS federal agents working community cases? Huh?

Seven arrested on drug charges

Carolina Morning News

This case netted a house full of criminals - two illegal aliens, one major drug trafficker and another who is on probation," Woodward said. "It's a joint success because the Naval Criminal Investigative Service was instrumental and so were the anonymous calls from the community.

JAG Hunter comment: Emphasis added above is mine. Just exactly what is the NCIS doing in this local civilian case? No sailors or Marines are identified.

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Marine gets 10 years for sale of stolen flak jackets

By Rick Rogers
San Diego Union-Tribune Staff Writer

Another Marine implicated in the case has yet to be charged, said Spalding, who alleges that the suspect falsified the number of vests on hand and sent vests to Funiestas, who sold about $88,000 worth of government equipment for $35,000 to $40,000.

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Commentary

Into the Shadows

By Tom Engelhardt

With remarkably little attention from our media*, and deep in the shadows, the Bush administration is creating what Neal Katyal, "chief counsel to the military defense lawyers in the Guantanamo case pending at the U.S. Supreme Court," calls a "legal Frankenstein." Or maybe it's just a Frankenstein. In his piece in Slate ( Gitmo' Better Blues), he's referring only to the government's Guantanamo case at the Supreme Court, but it's a phrase that could be applied no less aptly to our larger Bermuda Triangle of injustice that, since the Afghan War of 2001, the Bush administration has been setting up around the world.

* JAG Hunter emphasis

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Pendleton Marine gets 10 years for selling stolen flak jackets on eBay

Associated Press

Marine authorities believe Staff Sgt. Marvin Funiestas, 26, sold between 100 and 110 the ceramic-reinforced vests before he was arrested in November. The vests were intended for U.S. troops and servicemen deployed to the Middle East reportedly have had trouble obtaining them.

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Prosecution rests in parachute tampering court-martial

Associated Press

Three Marines nearly died when they used parachutes allegedly damaged at the behest of Cpl. Clayton A. Chaffin, a 28-year-old air delivery specialist from Franklin, Ohio. He's charged with conspiring to cut the lines on at least 13 parachutes used during a Sept. 21, 2002 training exercise. The prosecution also accuses Chaffin of trying to frame another Marine for the crime.

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Court-martial starts today in child's death

Pacific Daily News - Guam

Petty Officer 2nd Class Anthony D. Shepherd was charged Sept. 29 under the Uniform Code of Military Justice in connection with allegations of violently shaking his baby, according to Pacific Daily News files.

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Monday, April 5, 2004

Muslim Army chaplain coming home

04/05/2004

By MELANTHIA MITCHELL / Associated Press

Capt. James Yee was scheduled to return to Washington state Monday afternoon, but was "having problems getting on the plane," his attorney, Eugene Fidell, said in a telephone interview with The Associated Press.

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Murder charge shocks Marine's family, friends

'We have faith in God,' South Bend man's wife says

By MARGARET FOSMOE
South Bend Tribune Staff Writer

Marine Chief Warrant Officer 4 Ruben Wright, 47, who is based at Camp Lejeune, N.C., was charged with the murder of retired Marine Master Sgt. James Taulbee, according to news reports in the Daily News of Jacksonville, N.C.

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Sunday, April 4, 2004

Air Force Academy

Academy let cadet stay despite charges of rape

ANOTHER SEXUAL-ASSAULT CASE AROSE BEFORE EXPULSION

By Robert Weller
Associated Press

DENVER - An Air Force Academy cadet who had been accused of rape and threatened to crash a glider into a dining hall was allowed to remain at the school for several more months, during which he was arrested for sodomizing a woman in a wheelchair and accused of raping another cadet, according to files obtained by the Associated Press.

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Think of the Air Force Academy as DoD's answer to the Mustang Ranch

Focus on military sexual assault

S. Arizona bases in step as U.S. increases scrutiny

By Carol Ann Alaimo
ARIZONA DAILY STAR

The recent rape reports from combat zones come on the heels of a sex scandal last year at the Air Force Academy in Colorado Springs, Colo., where dozens of female cadets alleged sexual assaults were ignored or covered up by academy leadership over the past decade. The Air Force woes were the latest chapter of a lengthy sex saga that started with the Navy's 1991 Tailhook scandal and continued in 1996 with a similar episode at the Army's Aberdeen Proving Ground.

OPERATION AMERICAN FREEDOM!

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Boeing's sweet 'n sour deal with the Air Force. An inside job?

Moving from military to private arena

By PAM ZUBECK - THE GAZETTE

Focus on the military has intensified during recent months because of the furor surrounding Darleen Druyun’s taking a Boeing job after she worked as a top Air Force procurement officer on a $23 billion plan to lease 100 air refueling tankers from Boeing. The contract is stalled amid numerous investigations.


OPERATION AMERICAN FREEDOM!

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From The Daily Yomiuri online

Reactions to SOFA pact mixed

The government [of Japan] apparently plans to use the [status of forces] agreement to facilitate the handover of U.S. military personnel suspected of crimes to Japanese authorities before their indictment, but it remains unclear as to whether the United States will act in accordance with the wishes of Japanese authorities.

OPERATION AMERICAN FREEDOM!

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U.S. Armed Forces being sold to the lowest bidder? How bout JAGs next?

JAG Hunter note: If you find a private company in the phone book that gets it done, the once military job is outsourced

U.S. to rely more on contract soldiers

By DAVE HIRSCHMAN
The Atlanta Journal-Constitution
Published on: 04/03/04

The use of private contractors grew steadily in the 1990s as the Pentagon cut back the active duty military and outsourced training, logistics, transportation and security.

OPERATION AMERICAN FREEDOM!

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Posse Comitatus violations? Martial law coming to your community soon?

16 arrested, drugs seized in St. Stephen

Bust nets marijuana, cocaine, crack worth more than $50,000

BY PHILLIP CASTON
Of The Post and Courier Staff

In a joint effort by Berkeley County Sheriff's deputies, St. Stephen police, the Bureau of Alcohol, Tobacco and Firearms, Naval Criminal Investigations Services* and the National Guard, six search warrants were served in St. Stephen and numerous arrests were made over a seven-hour span. The bust involved 55 law enforcement officials. (*JAG Hunter's emphasis)


OPERATION AMERICAN FREEDOM!

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