CAMP PENDLETON 8

DONATIONS GLADLY ACCEPTED!

THE PENDLETON 8: INNOCENT UNTIL PROVEN GUILTY

My Way News - Woodward: Card Wanted to Fire Rumsfeld

As for the war, Woodward writes that White House and Pentagon officials voiced concern about the conduct of the fighting in reports and internal memos and that a secret intelligence report circulated last May predicted violence would continue for the rest of 2006 and increase in 2007.

TIME.com: The Face Of Haditha

Wuterich long imagined the corps as just a stop on the way to a career as a music producer, but he re-enlisted after 9/11, in part to support his family...

Scoop: Browbeating Military Officers on Geneva Convention

Now, William Haynes, the chief civilian lawyer of the Department of Defense, one of the administration's architects of torture and nominated to a life-long judgeship on the Fourth Circuit Court of Appeals, has browbeaten the four military services' senior military lawyers, the Judge Advocate Generals (all two star officers), into signing a "do not object" letter to the Senate Armed Services Committee.

Tribunal Bill Sets Up an Ironic Legal Limbo - Los Angeles Times

"It leaves them with no protection. You can put someone down there and never bring charges against them and leave them in that status forever," said retired Rear Adm. Don Guter, a former Navy judge advocate general.

Joint Task Force Civil Support Studies Fort Lewis SRP

During the Fort Lewis SRP, more than 100 medical and administrative specialists set up 14 stations to try to speed up soldier readiness processing, which covers everything from wills and finance issues to giving immunizations.

Army Criminal Investigation Division (CID)

U.S. Newswire : Releases : Former U.S. Army Contracting Officer Sentenced to...

In addition to the two-year prison term, Johnson was also sentenced to three years of supervised release and ordered to pay more than $150,000 in restitution.

Flag Officer Announcements -- Walsh, Donnelly, Kilcline, Williams

LPD-17 San Antonio Class: The USA's New Amphibious Ships (updated) (defense acquisition, defence purchasing, military procurement)

CAMP PENDLETON 8

Death of the Marine Corps: Chapter 1

KitJarrell.com

CAMP PENDLETON 8

Death of the Marine Corps: Chapter 2

KitJarrell.com

CAMP PENDLETON 8

Death of the Marine Corps: Chapter 3

KitJarrell.com

CAMP PENDLETON 8

Death of the Marine Corps: Chapter 4

KitJarrell.com

The Almanac: Today is Friday, Sept. 29: On This Date in History:

In 1789, the U.S. War Department organized the United States` first standing army -- 700 troops who would serve for three years.

Arkansas Blog: Leech protection

“Service members in financial trouble, who have attempted to solve their problems through predatory lending, often find themselves deeper in debt, and in some cases their financial situations have led to the loss of security clearances, letters of reprimand, non-judicial punishment, and ultimately separation from the military.”

CAMP PENDLETON 8

Debunking the "Confession Myth" For the Pendleton 8

AIR FORCE OSI (taking a page out of the NCIS' "beyond boundaries" playbook)

San Angelo Standard-Times: Local

"No district judge issued such an order authorizing a peace officer to install a mobile tracking device on (the) defendant's vehicle,'' the motion states. ''All the evidence in this case was derived from this violation of state law and is therefore tainted, and fruit of the poisonous tree, and should be suppressed."

Townhall.com -- Curtailing a disruptive act -- By Jay Sekulow

The protest group’s incendiary signs waved at the grieving family and friends of fallen American military personnel are the epitome of what the courts have called “fighting words.”

John D. Hutson: UNCTUOUS!

ITV News - US Senators pass Guantanamo Bay laws

"Retired Rear Admiral John D Hutson told the Senators: 'Without those kinds of protections we are just another banana republic if we let these things go."

NAVAL CRIMINAL INVESTIGATIVE SERVICE: "Beyond boundaries"

The Seattle Times: Nation & World: Documents seized; detainees' defense suffers

"For the NCIS to then confiscate the evidence from him ... just illustrates the unfairness of the whole proceeding.'"

FrontPage magazine.com -- "Compromised" Intelligence by Janet Levy

"While our soldiers are facing life-and-death decisions, they must also worry about their immediate actions being investigated after-the-fact or being brought up on formal charges much later. Such incidents as the arrest and incarceration of the Pendleton Eight and the harrowing experiences of now-exonerated, second lieutenant Ilario Pantano affect our troops ability to make split-second decisions. It can translate into the loss of lives."

Beaver County Times Allegheny Times - Court-martial date set in death of Freedom soldier

"Rolan has been arraigned on charges of premeditated murder, attempted murder, aggravated assault, violation of an alcohol ban, wrongful communication of a threat and willful discharge of a firearm."

Senate's passage of detainee bill gives Bush a win - The Boston Globe

"The Senate yesterday passed a sweeping measure authorizing military tribunals for some suspected terrorists and permitting aggressive interrogations of top terror suspects, handing President Bush a major victory five weeks before crucial congressional elections."

MILITARY ACADEMY

Hudson Valley News story

"After two days and more than 10 hours of deliberations, the panel sentenced the senior to eight years confinement, dismissal from the US Army and forfeiture of all pay and allowances."

Confiscation of Guantanamo documents hurts detainees' abilities to confront accusations - International Herald Tribune

"...the Naval Criminal Investigative Service's confiscation of more than 1,100 pounds of documents is hampering detainees' ability to confront accusations against them. "(JAG Hunter emphasis)

CAMP PENDLETON 8

Don't Go Into The Light: The Pendleton Eight

Army wants to know if Ky. Guard women posed nude

"Lt. Col. Rich Steele, a spokesman for the First Army at Fort Gillem, Ga., said that if the allegations are proved, punishment could range from informal reprimands to courts-martial. He said the investigation is being conducted in Iraq."

Fort Lewis Army police officer faces AWOL charges

NAVAL ACADEMY

Navy Times - Midshipman charged with rape, drugging of two women

"Still a midshipman, Owens awaits a decision by Vice Adm. Rodney Rempt, academy superintendent, on whether he will be allowed to proceed with his Navy career or be separated from service, in which case he would have to repay the cost of his four-year education."

GITMO suicides

Reporters sans frontières - United States

"The press freedom organisation added: “The failure to execute the supreme court decision of 29 June invalidating special military tribunals and the attempts by congress now to hastily create a legal basis for Guantanamo clearly show that the US authorities are trying at all costs to make us forget that most of the detainees have never been charged."

Involuntary manslaughter: Marines

The New Bern Sun Journal

"Pimienta, who also was convicted of giving a false report, received a 12-year sentence that was reduced in April to six years by Maj. Gen. Richard Huck, the commanding general of the 2nd Marine Division."

Third times the charm...

Fayetteville Online - Army court-martial for 1985 murder already decided twice in state civilian criminal court

"Federal law allows military retirees to be reactivated for prosecution of crimes committed while they were on active duty, said Mark Waple, a Fayetteville lawyer who specializes in military law. A 1987 U.S. Supreme Court ruling allows the military to prosecute for crimes committed against civilians off military property, he said."

Air Force Office of Special Investigations (OSI), Naval Criminal Investigative Service (NCIS) perform the same functions for their respective services...

Murder suspect tracked illegally - Bangor Daily News Staff

"U.S. Air Force investigators broke Texas and federal law when they put a satellite tracking device on murder suspect Wendi Mae Davidson’s car in the weeks before the discovery of the body of her husband, Lee native Michael Leslie Severance, her attorneys claim."

HeraldNet: Army charges Fort Lewis soldier

"Sgt. Maj. Yolanda Choates, Fort Lewis spokeswoman, said Swift's commanders will decide how to proceed, and there is no deadline for them to do so. She said the Army's options are an administrative action, such as a reprimand, a more serious non-judicial punishment, or a court-martial."

JAG Hunter here: A 120-day speedy trial clock begins to tick once charges are preferred. There are deadlines.

A good thing...

Officer thwarts abduction at bus stop

"Kenneth Johnson, a special agent with the Naval Criminal Investigative Service, pulled off Settlers Landing Road, near Eaton Street, shortly before 8 a.m. last Thursday after spotting a man dragging his victim toward a white Ford Taurus."

UK troops face court martial - channel4.com

"Ahmad al-Matairi told a court martial at Bulford Camp, Wiltshire, that soldiers from the Queen's Lancashire Regiment took bets on who could make him fall down. "

Measure of success

JAG Hunter here: About an hour ago, this blogsite, The JAG Hunter, was crashed externally and all customizations were wiped out. Not lost...but erased. I will begin rebuilding the site in the days to come with particular emphasis in getting links regarding the Pendleton 8 restored as quickly as possible, as the top priority.

I'll continue to post.

Be patient. I can type only so fast.

Unrelenting and undeterred.

Hang in there with me. The good news is people in high places are paying attention.

God bless...

On a fast track to passage

My Way News - House Approves Bill on Terror Detainees

"Even as the House debated the bill, senators of the two parties agreed to limit debate on their own nearly identical measure, all but ensuring its passage on Thursday."

U.S. Newswire : Releases : "ACRU Urges No Geneva Conventions for Terrorists"

"The Court held that language in a Federal statute, the Uniform Code of Military Justice, applies the protections of the Geneva Conventions to terrorists. The terms of the Geneva Conventions themselves exclude terrorists from the protections of the Conventions."

JAG Hunter here: See my comments below responsive to Paul Greenberg's Townhall.com analysis.

Department of Defense: General officer announcements

Academy brings new charges against Mid - BaltimoreSun.com

10News.com - News - Marine Pleads Guilty To Abusing Son Over Bad Grades:

"The defendant has already undergone extensive counseling with his wife and taken parenting classes offered by the Marine Corps, something the prosecutor called 'remarkable.'"

Marine Corps Times - Marine gets 10 months in UA case

"Pimienta testified nearly three hours before a military judge in a Camp Lejeune courtroom Tuesday. His testimony focused on accusations of mistreatment in the Lejeune brig, where he’s been held in maximum security since he was apprehended."

Former Navy TJAG John Hutson: Unctuous!

York Dispatch - Habeas corpus for all

"The heinous nature of the type of crime involved aside, Adm. Hutson warned that 'Without these types of protection we're just another banana republic.'"

JAG Hunter here: Too bad guys like Hutson weren't so concerned with the constitutional rights of fellow servicemen, as they claim they are now troubled regarding the rights of our enemies, while he and his TJAG contemporaries were on active duty.

Foreign commentary:

El Diario/LA PRENSA OnLine

"Scheid spoke to the Newport News (Va.) Daily Press, telling the newspaper that Rumsfeld had forbidden military strategists to plan for securing postwar Iraq. Rumsfeld “said we will not do that because the American public will not back us if they think we are going over there for a long war...”"

JAG Hunter here: If Defense Secretary Rumsfeld spoke these words he must be removed from office instantly. More, if Rumsfled blocked military personnel from anticipating and planning out a very predictable course of events in Iraq then SECDEF Rumsfled is as respondible for the unreasonable and unncessary loss of American life as is SECDEF Les Aspin from blocking armored rolling stock deployment to Somalia in pre-"Blackhawk down" days.

CAMP PENDLETON 8

SignOnSanDiego.com -- Hearing postponed in Iraqi death case

"If convicted, he and the others could spend the rest of their lives in military prison without the possibility of parole."

On the permanence of War powers

Townhall.com--On to (military) justice--By Paul Greenberg

"'Such decisions,' Mr. Justice Jackson once observed, 'are wholly confided by our Constitution to the political departments of the government, Executive and Legislative. They are delicate, complex, and involve large elements of prophecy. They are and should be undertaken only by those directly responsible to the people whose welfare they advance or imperil. They are decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility . . . .'"

JAG Hunter here: The central question of the moment regarding the role of government, or any branch of that government, in the punishment of our enemies is what balance is to be achieved in protecting the natural rights of man versus defending the life of our nation against a real or perceived, credible threat.

There is a Latin verse that reminds us the highest seat does not hold two (summa sedes non capit duos). For America, the highest seat is held by the commander-in-chief during a time of War only when the country is in extremis (its life in danger). George Washington and Abraham Lincoln have both held this highest seat of government in our national history.

The supreme office of dictator is unnecessary during time of peace, or even in time of elevated conflict wherein neither our form of constitutional government nor the life of the country are at risk of takeover.

Government is shared during conflicts lower in threat level then War in deferrence to the protection of the natural rights of the governed. We must be very careful in our determinations whether the United States is at War, because our decisions may justify deploying a form of government where there are no checks, there are no balances.

Such a government, when placed into existence, must be indulged only for so long as its necessary. It must be temporaty, not permanent.

Permenant War powers represent a clear and present danger. Unceasing War power acts like acid. It is corrosive. And it raises up a very real threat to our peace time government, and to our country.

Shared government, with essential oversight, must be practiced in every instance possible.

Mr. Greenberg's mention of Alexander Hamilton and Robert H. Jackson nicely serves to buttress my assertions. Both men have had a hand in making War powers permanent. Former judge advocate and senior officer of the Army, Major General (2-stars) Hamilton (not colonel) is chiefly responsible that America's Articles of War (renamed in 1951 the Uniform Code of Military Justice -- UCMJ) were left operative after the end of the Revolutionary War rather than rendering them dormant. Lieutenant General (3-stars) Robert H. Jackson authored the Feres doctrine, a permanent War power barring American servicemen from bringing suit "for injuries cause by the Federal Government's negligence." The Feres doctirne, a permanent War power, is widley recognized as "unfair to those in service."

New legislation creating a different kind of military tribunal is little more than a governmental card trick to make another War power permanent.

New law is not needed.

Our chief executive, wearing his military hat as commander-in-chief, can declare enemy combatants Prisoners of War this instant and order courts-martial opened (convened) immediately, regulated by the UCMJ. The court-martial of Marine Sergeant Clayton J. Lonetree is but one example whereupon America was able to keep its secrets secret during a court-martial exercising existing UCMJ protocols.

I strenuously warn Mr. Greenberg, and like-minded people, against making permanent the power of government to trepass upon the Rights of Man: War powers. If American was really at War, we'd all be serving, temporarily, in some way. Many of us would be called in military service, including Mr. Greenberg (who might even hold the rank of colonel). And we'd ferouciously dispatch with our enemies, while keeping our secrets secret.

Haditha case set to unfold -- North County Times - By Mark Walker

"Unlike the Hamdania case, in which the eight troops were jailed within weeks of the report of the slaying and one month before they were charged with any crimes, none of the Marines in the Haditha case have been incarcerated."

CAMP PENDLETON 8

Article 32 hearing for Navy corpsman rescheduled to Oct. 19 -- North County Times - By Teri Figueroa

"Military officials did not say why they asked to delay the hearing, and Bacos' private attorney, Jeremiah Sullivan III of San Diego, did not immediately return a call seeking comment."

CAMP PENDLETON 8

Matlock marine faces court-martial - The Olympian - Olympia, Washington

"Three Camp Pendleton Marines, including one from Matlock in Mason County, will face courts-martial on murder charges in the death of an Iraqi man in the town of Hamdania, the Marine Corps said Monday."

DHS announces SBINET contract awarded to Boeing, ICE arrest 122 undocumented workers near Buckley Air Force Base

"ICE special agents, in partnership with the Air Force Office of Special Investigations (OSI), arrested 122 undocumented workers who were working for subcontractors responsible for building military family housing for Buckley Air Force Base. "

CAMP PENDLETON 8: DONATIONS GLADLY ACCEPTED

THE PENDLETON 8: INNOCENT UNTIL PROVEN GUILTY

Different spanks for different ranks...

Opinion: Conduct unbecoming

Non-judicial punishment, NJP, Article 15, Office hours...

What you should know about Article 15s in the Army (pdf reader required)

New Blog for Military Spouses: SpouseBUZZ.com

St. Paul Pioneer Press | 09/26/2006 | Volunteering from the heartland

"It works out to about one dead service member for every 100,000 Americans. By the time the war in Vietnam ended, that number was roughly 28 for every 100,000; it was more than 300 per 100,000 for World War II."

CAMP PENDLETON 8

All Headline News - Court-Martial Ensues In Marine Murder Case - September 26, 2006

"Three marines will face courts-martial after allegedly killing an Iraqi man and then attempting to make it look like he was trying to kill them."

Absentee Voting Week

The NCIS at GITMO

Lawyer for detainees speaks on suicides:

"The Naval Criminal Investigative Service has seized some 1,100 pounds of documents in its probe of the June suicides by three detainees, the first to rock the Guantanamo Bay detention center on Cuba."

DefenseLink News: News Release: General Officer announcements

CAMP PENDLETON 8

Reuters AlertNet - Three US Marines to be tried for murder in Iraq case

"The three were among seven Marines and a Navy medic accused of dragging the 52-year-old Iraqi from his home, shooting him dead and placing an assault rifle and a shovel next to his body to create the appearance that he was an insurgent planting a roadside bomb."

Flag Officer Assignments -- Williams, Fox, Shannon, Floyd

My Way News - Ex-Military Officers Criticize Rumsfeld

"'Mr. Rumsfeld and his immediate team must be replaced or we will see two more years of extraordinarily bad decision-making,' Eaton added at the forum, held six weeks before the Nov. 7 midterm elections, in which the war is a central issue."

NAVAL ACADEMY

Navy Times - Midshipman’s court-martial postponed

CAMP PENDLETON 8

Yahoo! News--Three Marines to face court-martial in Iraq murder probe

"The accused Marines are alleged to have attempted to cover up the killing by planting a shovel and an AK-47 assault rifle next to the body in order to make it look as if Awad had been an insurgent planting a roadside bomb."

CAMP PENDLETON 8

Orange County Register--3 Camp Pendleton Marines will face court martial

"Facing court-martial are: Pfc. John J. Jodka, Cpl. Marshall L. Magincalda and Lance Cpl. Jerry E. Shumate, who all had preliminary hearings in recent weeks. The other five face preliminary hearings in coming weeks."

CAMP PENDLETON 8

Three Marines to Face Courts-Martial - Forbes.com

"The Marines Corps dropped some charges against the three, including an assault charge against Magincalda and Shumate. Jodka had charges of making a false official statement, larceny and wrongfully endeavoring to impede an investigation dropped."

CAMP PENDLETON 8

SignOnSanDiego.com > News > Military -- Three Pendleton Marines face court-martial in Iraqi's death

"Pfc. John J. Jodka, Cpl. Marshall L. Magincalda and Lance Cpl. Jerry E. Shumate are charged with murder, conspiracy and housebreaking. They also are charged with wrongfully seizing and holding the victim against his will."

CAMP PENDLETON 8

3 Face Courts-Martial For Iraqi Murder, Marines Among 8 Servicemen Charged With Kidnapping, Killing Iraqi Civilian - CBS News:

"Gen. James Mattis, the commanding general in the case, said he would not seek the death penalty. "

KTLA The CW | Where Los Angeles Lives | Two Deaths Were a 'Clue That Something's Wrong'

"The Times could not verify any involvement by the Navy commandos, but internal military documents show that SEALs were operating around Gardez during the period. A spokesman for the Naval Criminal Investigative Service said it 'was not alerted at any time to the potential of SEAL involvement.'"

MILITARY ACADEMY

recordonline.com - West Point court-martial begins:

"'What happened to them?' said Eugene R. Fidell, a military law expert in Washington, and president of the National Institute of Military Justice. 'It's a black hole.'"

Marine Corps Times - Marine wanted

"Staff Sgt. Robert Loughridge, 33, hasn’t been seen since early August. Authorities, still unsure whether Loughridge is dead or alive, have searched through 2,500 acres of forest near his apartment complex, where he lived with his wife."

Legal analysis

JURIST - Forum: How the Compromise Detainee Legislation Guts Common Article 3

"Consider the possible actions that, while subject to prosecution under the present War Crimes Act, no longer would be criminal acts under the compromise legislation..."

My Way News - U.S. Army Extends Iraq Duty for 4,000

"In a new sign of mounting strain from the war in Iraq, the Army has extended the combat tours of about 4,000 soldiers who would otherwise be returning home, a defense official said Monday."

SECRET/NOFORN

Article 15-6 of the 800th Military Police Brigade (pdf reader required)

A needed laugh to begin the week
------------------------

Bricklayer's Accident Report ~

Possibly the funniest story in a while. This is a bricklayer's accident
report, which was printed in the newsletter of the Australian equivalent of
the Workers' Compensation board. This is a true story. Had this guy died,
he'd have received a Darwin Award for sure....

------------------------

Dear Sir:

I am writing in response to your request for additional information in Block
3 of the accident report form. I put "poor planning" as the cause of my
accident. You asked for a fuller explanation and I trust the following
details will be sufficient.

I am a bricklayer by trade. On the day of the accident, I was working alone
on the roof of a new six story building. When I completed my work, I found
that I had some bricks left over which, when weighed later, were found to be
slightly in excess of 500 lbs.

Rather than carry the bricks down by hand, I decided to lower them in a
barrel by using a pulley, which was attached to the side of the building on
the sixth floor.

Securing the rope at ground level, I went up to the roof, swung the barrel
out and loaded the bricks into it. Then I went down and untied the rope,
holding it tightly to ensure a slow descent of the bricks.

You will note in Block 11 of the accident report form that I weigh 175 lbs.

Due to my surprise at being jerked off the ground so suddenly, I lost my
presence of mind and forgot to let go of the rope. Needless to say, I
proceeded at a rapid rate up the side of the building.

In the vicinity of the third floor, I met the barrel which was now
proceeding downward at an equal, impressive speed.

This explained the fractured skull, minor abrasions and the broken collar
bone, as listed in section 3 of the accident report form.

Slowed only slightly, I continued my rapid ascent, not stopping until the
fingers of my right hand were two knuckles deep into the pulley.
Fortunately by this time I had regained my presence of mind and was able to
hold tightly to the rope, in spite of beginning to experience a great deal
of pain.

At approximately the same time, however, the barrel of bricks hit the ground
and the bottom fell out of the barrel. Now devoid of the weight of the
bricks, that barrel weighed approximately 50 lbs. I refer you again to my
weight.

As you can imagine, I began a rapid descent, down the side of the building.
In the vicinity of the third floor, I met the barrel coming up. This
accounts for the two fractured ankles, broken tooth and several lacerations
of my legs and lower body.

Here my luck began to change slightly. The encounter with the barrel seemed
to slow me enough to lessen my injuries when I fell into the pile of bricks
and fortunately only three vertebrae were cracked.

I am sorry to report, however, as I lay there on the pile of bricks, in pain
unable to move, I again lost my composure and presence of mind and let go of
the rope and I lay there watching the empty barrel begin its journey back
down onto me. This explains the two broken legs.

I hope this answers your inquiry.

Bill Fuller

Camp Pendleton 8

WEBCommentary(tm) - From The Greatest Generation, To Self-Annihilation:

"We now have a Supreme Court and US Senate that believe we should give terrorists the same legal rights that you and I enjoy, yet remaining silent while the Marine Corps denies the most basic legal rights of discovery to seven Marines and a Navy Corpsman accused of murder based on hearsay."

The Army vs. Spec. Richmond - WashingtonPost.com:

"...Edward answered, 'dumb people are hard to deal with.'"

BATTLEFIELD STRESS

My Way News - More War Veterans Suffering From Stress

"Contributing to the higher levels of stress are the long and often repeated tours in Iraq and Afghanistan. In Iraq, troops also face unpredictable daily attacks and roadside bombings as they battle the stubborn insurgency."

MAJOR CONTIBUTOR TO BATTLEFIELD STRESS -- JAGs! (retrieved from November 2005)

Iraq battle stress worse than WWII - Britain - Times Online

"The two senior Royal Army Medical Corps officers, one of whom is a psychologist, have recently returned from Basra, where they said they counselled young soldiers who feared a military police investigation as much as they did the insurgents."

Broken!

Dallas Morning News -- Our Military Crisis

"This relentless tempo of operations, combined with the public's doubts about the war, has hurt the military's recruiting efforts and may contribute to higher-than-expected numbers of officers and enlisted personnel leaving the service in the future."

Why Retired Military Brass Don't Want Torture - Los Angeles Times

"'None of us feels comfortable speaking out publicly,' said retired Rear Adm. John D. Hutson, who served as the Navy's judge advocate general from 1997 to 2000 and presided over the JAG corps' 1,600 members. 'That's not the nature of what military officers do…. [But we] care very, very much about the country and the military — and that's why [we] are speaking out.' "

JAG Hunter here: Add liar to the list of adjectives that includes criminal that can be employed to describe Rear Admiral John D. Hutson. The word unctuous comes to mind.

YumaSun.com News -- Students required to take the Armed Services Vocational Aptitude Battery test (ASVAB)

"Despite the military's involvement in the test, Rundhaug said it will not be used for recruiting. Although the district is already federally required to provide information about each student to the military, Rundhaug said recruiters receive no new demographic information about those who take the ASVAB. "

Slow 'streamlined' tribunals - Commentary - The Washington Times, America's Newspaper

CP8

From Free Republic: Be sure to scroll all the way to the bottom of this link

The 'Pendleton 8': A look at the 7 Marines and Navy corpsman charged in Hamdania incident

Fort Lewis general reverses death penalty decision for soldier

"Dubik gave no explanation, but Army officials said the change followed a review of his original decision in May regarding Spc. Jamaal A. Lewis, a communications specialist."

THE TORTURE DEBATE - WashingtonPost.com:

"A good interrogation is like a seduction. You sit down. You ask the person questions. You try to develop a very intense personal relationship with another human being so they'll part with information they'd rather not part with. You wheedle, cajole, trick, lie. The point is to collect usable, actionable information."

MetroWestDailyNews.com - Columnists: Nat Hentoff: Advice of military lawyers crucial to U.S. policy:

"Said former Navy JAG Rear Adm. John Hutson: 'I don't think we can win the war unless we live within Common Article 3 of the Geneva Conventions.'"

Wall Street Journal

OpinionJournal: An Antiterror Victory

"The CIA program was thrown into legal limbo by the Supreme Court's June ruling in Hamdan v. Rumsfeld, which said that Common Article 3 of the Geneva Conventions applies to our conflict with al Qaeda. "

Marine MP charged with abuse of his infant child...NCIS assisting in the investigation

The Daily News, Jacksonville NC:

"Lance Cpl. Brian James Moore, 20, of Corey Court, was charged with two counts of felony child abuse inflicting serious injury. He was placed in the Onslow County jail under $50,000 bond, said Jacksonville police detective Harry Evans."

Senator Graham accepts ruling he can't be military judge

"...the U.S. Court of Appeals for the Armed Forces ruled on Thursday that Graham's service as a judge violates the Constitution which prohibits members of Congress from also holding another United States office."

Media availability with Secretary Rumsfeld at the House Armed Services Committee

Thursday, 21 September 2006

DefenseLink News: News Transcript

Prescott Herald -- Interrogations deal grants [Commander in chief] Bush leeway

"'You always run into the potential ... that we‘re going to go back to secret prisons and bad things will happen,' said John Hutson, a former Navy judge advocate general. 'And there‘s really not a way in legislation to make sure that doesn‘t happen.'"

JAG Hunter here: Former Navy TJAG John Hutson is profiled as a "command racketeer" over to the right of these postings...just scroll down a bit. Hutson, with his then deputy and eventual successor, Navy TJAG Don Guter, worked furiously to keep the lid on a 1990 court-martial that was rigged from stem to stern by one of their admiral buddies, RADM John Bitoff. That Hutson and Guter are speaking out publicly regarding the fair treatment of enemy combatants, knowing all along the fix is in for any military disciplinary hearing, is emetic. Make no mistake, Hutson and Guter are criminals. Pay no attention to them.

Camp Pendleton 8 (CP8)

Marine Corps Times - Article 32 date set for accused Hamdaniya corpsman

"An Article 32 preliminary hearing for Hospital Corpsman 3rd Class Melson J. Bacos will be held Sept. 27 at Camp Pendleton, base officials said Friday."

Prosecutors show letter at court-martial

"BULFORD, England — A British army colonel accused of failing to stop soldiers from abusing Iraqi detainees said in a letter that rough conditions in southern Iraq sometimes 'got the better of otherwise professional troops,' prosecutors said Friday in a court-martial proceeding."

General Officer Announcement

Marine Corps Times - Deserter caught 40 years later

"...a 63-year-old man is facing possible punishment and discharge from the Marine Corps."

Naval Criminal Investigative Service and an Okinawa cab robbery

Stars & Stripes

“As of today, we have no particular information leading to identify the suspects,” he said. “We appreciate the active cooperation offered by the military.”

JAG Hunter here: Interesting to know the "beyond boundries" Naval Criminal Investigative Service now operates as a national, federal ploice agency serving the people of Okinawa, Japan.

Which country's constitution is operative?

(Note: NCIS agents are also available for children's parties, family gatherings, banquets, and smokers)

Wikipedia: ABLE DANGER

ABLE DANGER

From the "way-back" machine...

Michelle Malkin: ABLE DANGER: WELDON GOES BALLISTIC

"Next bombshell: Shaffer has been notified that the DIA intend to go after his pay and family health care benefits (he has two children). What kind of dumba$$ maneuver is the DIA trying to play at here? Weldon rightfully asks “why?”"

ABLE DANGER

JAG Hunter here: Love your country...do not trust its government

FOXNews.com - 'Able Danger' Could Rewrite History - Politics | Republican Party | Democratic Party | Political Spectrum

"The military intelligence officer who attended that meeting with staffers 'kept notes of that meeting and will testify under oath that he not only told' the staffers about Able Danger's mission, but about Atta."

Guardian Unlimited | Special reports | Court martial hears of corporal's 'choir' of screaming Iraqi prisoners

"Earlier this week Cpl Payne, 35, became the first British soldier to be convicted of a war crime - the inhuman treatment of Iraqi civilians being held in Basra. "

British court-martial told of tensions

ABLE DANGER

JAG Hunter here: DODIG, NCIS are no different. Modern day praetorian guards. What's at stake here is trust in government. These rogue organizations can do as they please. There simply isn't any oversight. Representative Weldon is hurling spitballs at a battleship.

Hijackers Were Not Identified Before 9/11, Investigation Says - washingtonpost.com

"'I am appalled that the DoD IG would expect the American people to actually consider this a full and thorough investigation,' Weldon said in an e-mailed statement. 'I question their motives and the content of the report, and I reject the conclusions they have drawn.'"

ABLE DANGER

My Way News - Pentagon: Secret Unit Couldn't Stop 9/11

"'The report trashes the reputations of military officers who had the courage to step forward and put their necks on the line to describe important work they were doing to track al-Qaida prior to 9/11,' Weldon said. He said the investigation did little to answer the questions it was supposed to examine."

My Way News - Congress Passes Military Protection Bill

"The chief House sponsor, Rep. Geoff Davis, R-Ky., said that as a former combat arms officer he was among the service members losing thousands of dollars from deceptively advertised investments."

My Way News - Senate Panel: Speed Up FOIA Requests:

"Media groups and lawmakers have complained there is a growing tendency for FOIA requests to go unanswered for months or years, be rejected, or come back with large parts of documents blacked out."

My Way News - Supreme Court to Post Transcripts Online

My Way News - Feds Ask Court to Drop Wiretapping Case

New job opportunities for 42-year old grandmothers...

My Way News - Army Meets Recruiting Goal

"Army recruiters are making more use of the Internet to attract young prospects, and the Army this year began allowing people as old as 42 to enter the service; the maximum age previously was 35."

My Way News - Detainees Deal May Quell GOP Infighting

"The agreement would grant Congress' permission for Bush to convene military tribunals to prosecute terrorism suspects, a process the Supreme Court had blocked in June because it had not been authorized by lawmakers."

David Ignatius - Interrogators Left Out in the Cold - washingtonpost.com:

"The Bybee torture memo was withdrawn, but the Justice Department offered a broad assurance in 2002 that because the program would operate outside U.S. jurisdiction, at secret sites abroad, interrogators would not be subject to U.S. law."

WTKR.COM YOUR NEWSCHANNEL 3 - Stolen Navy Equipment

"Friends say James Eric Vetra was arrested on or about September 15th by military and local police. NCIS would not confirm to Your Newschannel Three that Vetra was either a member of the Navy or under arrest."

Philippine T.V. -- NCIS contributes to prosecution of Marine Lance Corporal by a Philippine civilian court

Prosecutors doubt Duplantis’ tale - INQ7.net:

"[Philippine] GOVERNMENT prosecutors dismissed the testimony given Thursday by US Marine Lance Corporal Dominic Duplantis, calling it “amazing” that the man described [in a Naval Criminal Investigative Service report] as the “most drunk” of the four accused in the Subic rape case could have recalled so much of what happened last November 1."

Marine manhunt

The New Bern Sun Journal:

"About 50 law enforcement officers from the U.S. Marshal’s Service, State Bureau of Investigation, Naval Criminal Investigative Service, Jacksonville Police Department and Onslow County Sheriff’s Department, as well as search-and-rescue teams, which led seven dogs trained in human remains detection, scoured the woods Wednesday and Thursday. "

Fredericksburg.com - Man pleads guilty to fraud scheme

"Special agents of the FBI and Naval Criminal Investigative Service handled the investigation."

Breaking News: Federal agents raid former political candidate's Astoria home

"Beketic ran unsuccessfully for the District 1 seat on the Clatsop County Commission in May."

Stars & Stripes: Courts-martial reports

JAG Hunter here: As I've been saying...

AP Wire | 09/21/2006 | Military court: Graham can't be both judge and senator

"[Senator] Graham, R-S.C., is a colonel in the U.S. Air Force Standby Reserve, and is assigned as a reserve judge to the Air Force Court of Criminal Appeals."

FLAG OFFICER ANNOUNCEMENTS US Department of Defense

My Way News - Bush, GOP Rebels Agree on Detainee Bill

"The Bush administration agreed to drop one provision narrowly interpreting international standards of prisoner treatment and another allowing defendants to be convicted on evidence they never see."

DenverPost.com - Suspected illegal workers arrested at military housing site

"This was a matter of national security, federal agents said, because only a fence separated the unauthorized immigrants from a crucial military listening post."

With a sharp salute to the Orb at ORBUSMAX -- the Pacific Northwest's Drudge Report

Report: Study On Need For Boeing C-17s Was Flawed

Late entry

Canadian police use "beyond boundaries" Naval Criminal Investigative Service (U.S. federal) special agents in a drug bust on Canadian soil

JAG Hunter here: After reading this missive you could've knocked me over with a slight breeze. My first thought was where was the "beyond boundries" NCIS in the days/hours leading up to the entry of the USS COLE into Yemen. Thinking beyond that troubling question, I'm struggling to recall any incident where it's been reported that federal agents of a foreign nation participated in a U.S. law enforcement effort, on American soil, to the extent described in this narrative.

Your federal tax dollars at work: NCIS assists Philippine Makati Regional Trial Court (a foreign, non-military court) in the investigation and prosecution of a U.S. Marine.

Which country's constitution is operative?

The Manila Times Internet Edition -- Marine says Nicole, Smith giggling and kissing in van:

"Under cross-examination, lawyer Emily Fe de los Santos confronted Silkwood with his earlier statement given to the Naval Criminal Investigation Service (NCIS)."

30-year anniversary: Women of Annapolis

Mum's the word...

HometownAnnapolis.com - Academy criticized for unequal punishment : Some say Owens trial proves double standard for female midshipmen

"[Naval] Academy graduates are interested in the outcome of the Owens case, but they aren't talking"

DEATH PENALTY: DNA Tests Prove Justice Has Failed

"The Innocence Project, which worked to free Deskovic, only handles cases where post-conviction DNA tests can yield conclusive proof of innocence. To date, it has helped exonerate 184 people, proving that wrongful convictions are not rare."

JAG Hunter: The government has repeatedly refused requests for post-conviction testing in the case of Marine Lance Corporal Kevin Holt. When asked, one Pentongon official "becomes tentative" and promises to "look further." At least four separate requests have been denied. Navy TJAG Bruce Macdonald could order a post-conviction DNA test with the stroke of his pen. And Rear Admiral Macdonald is called upon--here--to issue that order now.

And how does the United States grow the active-duty Army?

My Way News - Pentagon Weighs Troop Demands in Iraq

"The dimming outlook for significant U.S. troop cuts in Iraq means the Pentagon may soon face a difficult and politically sensitive decision: either make more frequent call-ups of some National Guard and Reserve troops or expand still further the size of the active-duty Army, defense officials say."

My Way News - Bush Says He'd Send Troops Into Pakistan

"'We would take the action necessary to bring them to justice,' the president said."

My Way News - Democrats Skip Detainee Treatment Debate

"The reasons are fraught with politics: They don't have to join in, and they could regret it if they did."

My Way News - Tug-of-War Over Interrogation Tactics

"The tug-of-war on the House Judiciary Committee was evidence of the difficulty Bush is having in lining up support for his terrorism-fighting proposals weeks before the November elections."

My Way News - Gitmo Says Orientation for 14 Under Way

"U.S. officials have refused to say where the 14 were held previously or under what conditions."

$3 billion budget shortfall

My Way News - GAO Report: VA Underestimated Care Costs

"The report is 'a stunning indictment of this administration's commitment to our troops,' said Sen. Patty Murray, D-Wash."

Search for missing Marine

The Daily News, Jacksonville NC

"Loughridge was last seen at about 6:15 a.m. Aug. 3. He was walking away from The Reserve Apartments off McDaniel Drive where he lived with his wife."

Military.com

Two SEALs Receive Posthumous Navy Cross Awards

"Axelson and Dietz were part of a four-man team inserted behind enemy lines June 27, 2005, east of Asadabad, Afghanistan, to find and kill or capture a key local militia leader. "

Military.com

Reprimand Suggested for Chaplain

"The charge centered on a March 30 news conference protesting a Navy policy that requires nondenominational prayers outside of religious services."

Whidbey Islsnad (Wa.) News Times

"Naval Criminal Investigative Service is also investigating Hooper for medical record fraud and domestic assault, according to court records."

BostonHerald.com - International News: Soldiers charged in separate murders in Iraq returned to U.S.

"FORT CAMPBELL, Kentucky - Eight soldiers with the 101st Airborne Division who have been charged with murdering Iraqis in two separate incidents have been returned to the United States to await a decision on whether they will be court martialed, an official said Friday. "

General officer announcement

Marine Corps Gazette

WorldNetDaily: Are videotaped beheadings covered by Geneva?

"By the way, how did the Geneva Conventions work out for McCain at the Hanoi Hilton?"

One of about 225...

globeandmail.com : U.S. Army deserter ready to give up appeal

"In Iraq, he earned a Purple Heart after he was injured by a roadside bomb. His time in the theatre also left him with post-traumatic stress disorder."

3Dsolve Selected to Join America's Army Development Team; Simulation Learning Leader Contributes Serious Gaming Expertise and Proven Military Track Record:

"In 1999, US Army recruiting numbers hit their lowest point in 30 years. As a result, the US Congress approved aggressive and innovative military recruiting efforts. With a $2.2 billion recruitment budget, the DoD set out to revamp the Army's image. "

Rear Admirals--former Navy TJAGs--Guter and Hutson are known and reported criminals.

Proposals would curtail rights of detainees - The Boston Globe

We got trouble...right here in River City!!

Gaming becomes recruiting tool

"High school students can pretend to drive a Humvee, shoot a machine gun, pilot a drone aircraft or a helicopter, or parachute 4,000 feet into a targeted area."

JAG Hunter here: Can these students pretend being dead? Getting blown up by IEDs or VBIEDs? Can they play their Mom being handed a folded American flag? Can they pretend loosing an arm or a leg? Can they pretend getting court-martialed? Can they simulate being in-stir at Fort Leavenworth? Can their families play along?

And all this time I thought there were laws about truth in advertising?

Special agents from the "beyond boundaries" Naval Criminal Investigative Service assist Georgia state police and prosecutors in the prosecution of a civilian

"[Mister] Billy Ray Johnston, 36, of St. Marys was sentenced to life in prison plus 20 years by Judge Amanda F. Williams of Camden County Superior Court"

JAG Hunter here: Oh yeah...this is a good idea! Federal agents, military police--NCIS, working in a civilian community in support of a state prosecution. This is but one by-product of a professional standing army/navy. Pre-Revolutionary British troops were less subtle. British soldiers physically moved into your homes, nevermind your communities.

My Way News - Pentagon Weighs Troop Demands in Iraq

"...the Pentagon may soon face a difficult and politically sensitive decision: either make more frequent call-ups of some National Guard and Reserve troops or expand still further the size of the active-duty Army, defense officials say."

My Way News - Study: Prisons Used to Recruit Terrorists

"An estimated 2 million people are imprisoned in the United States; 6 percent of them [120,000] are Muslim, according to the Federal Bureau of Prisons."

My Way News - Gonzales Defends Interrogation Methods

"The White House told lawmakers it would send Congress a revised proposal late Monday for dealing with terrorism suspects as the number of GOP senators publicly opposing President Bush's initial plan continued to grow."

My Way News - CIA Reviewing Use of Contractors

"If resignations are higher than historic norms, 'you begin to look like the farm system for contractors around here,' Hayden said."

My Way News - Compromise Offered on Surveillance Bill

"Excesses are best prevented when intelligence activities are operated within a framework that controls government power by using checks and balances among the three branches of government," Wilson said in a statement."

Guardian Unlimited | Special reports | British soldier admits war crime as court martial told of Iraqi civilian's brutal death:

"...what happened was 'only made possible by the negligence of three people' - the commanding officer, Colonel Jorge Mendonca, Major Michael Peebles, the battle group internment review officer, and Warrant Officer Mark Davies, in charge of tactical questioning."

Wall Street Journal
Repeating for emphasis: "Geneva Contention"

Research Topics:

"Thanks to last year's McCain Amendment, the Defense Department is already required to give detainees in its custody better treatment than American police must give common criminals."

Commentary

The New Juristocracy:
By Andrew C. McCarthy

"There was a time, not long ago, when American courts were our bulwark, guaranteeing Americans a fair shake from their own government."

Andrew C. McCarthy on Interrogation & Miranda on National Review Online:

"Plainly, leaving aside the afore-described due-process clause (which could be considered a catch-all), there is only one provision of the Fifth Amendment that, both on its own terms and according to the Supreme Court, directs itself to coercive interrogation. That is the self-incrimination clause."

Townhall.com--Aiding and abetting--By Carol Platt Liebau:

"It’s time for Senators McCain, Graham and Warner to demonstrate that they care as much about the safety and security of everyday Americans as they do about the “dignity” of terrorist detainees."

JAG Hunter here: AMEN!!

Wall Street Journal

OpinionJournal - Federation:

"The Intelligence Mess
How the courts forced me to give classified information to Osama bin Laden. "

Townhall.com--Terrorist tribunal tribulations--By Jacob Sullum:

"Five years later, no one has been tried by these tribunals..."

Watada faces an additional charge - The Olympian - Olympia, Washington:

"The Fort Lewis commander, Lt. Gen. James Dubik, will decide whether the case proceeds to court-martial, Piek said. Last month, investigating officer Lt. Col. Mark Keith recommended that Watada be court-martialed."

Bush Anti-Terror Plan Edges Foward - Forbes.com:

"Amid the whirl of developments, the prospects for congressional passage of the wiretapping and detainee policies were unclear in the waning week-and-a-half before Congress recesses for the Nov. 6 election."

The American Thinker:

"On top of all this, the size of the JAG force has grown some ten percent since the end of the Cold War, while everyone else has shrunk by about a third. As a result, the senior JAGs in each service wants to be three star generals, instead of the current two star."

News4Jax.com - Local/Florida News - Sailor Gets Life Sentence In Child Molestation Case:

"Billy Ray Johnston, 36, of St. Marys was sentenced Monday by Judge Amanda Williams."

JAG Hunter here: Ask yourselfs these questions--

(1) When and why was this case prosecuted under state civilian authority?
(2) Why was the Naval Criminal Investigative Service (military police, federal agents) involved in a civilian law enforcement event?

The United States and the Geneva Conventions - Council on Foreign Relations:

“The wording of that letter [the JAGs signed] was like kissing your sister: supportive but with very feint praise.”

Flag officer announcements (Adobe pdf reader required)

Camp Pendleton 8 (CP8) -- Late entry

Townhall.com--Inside the Camp Pendleton 8--By Rick Amato:

"'The Article 32 hearing is a sham,' said defense attorney Jane Siegal, who represents PFC. John Jodka III. 'Because the government has denied our opportunity to waive the 32, it is costing the Jodka family tens of thousands of additional dollars in legal fees. "

Balita - Linking Filipinos worldwide with news since 1994:

"Carpentier told the court that he had no access to legal counsel when he decided to waive his rights before he was investigated by agent Guy Papageorge of the U.S. Naval Criminal Investigation Service (NCIS)."

The Corner on National Review Online:

"Attention class: THANKS TO THE McCAIN AMENDMENT, WE ARE ALREADY OBLIGATED TO PROVIDE MIRANDA WARNINGS IF WE HAVE ANY HOPE OF USING CONFESSION EVIDENCE IN EVENTUAL TERRORIST TRIALS."

Flag officer announcement

DefenseLink News: News Release

Flag Officer Announcement -- Cosgriff, Fitzgerald

Durable myths...big lies.

Hilltop Times - Justice Military, civilian systems differ by comparison

"Pendleton 8" late entry

Article - News - Testimony: Marine broke down

Late entry:
"Pendleton 8"
Lance Corporal Jerry E. Shumate from Matlock, Washington

Article - News - Hearing for Pendleton Marine accused of murder, conspiracy begins

Fact Sheet: The Administration's Legislation to Create Military Commissions:

"Following The Supreme Court's Decision In Hamdan v. Rumsfeld, The Administration Is Working With Congress To Create A Process For Prosecuting Enemy Combatants That: ..."

Navy Times - Black gets non-punitive letter at mast:

"According to Navy regulations, a “non-punitive letter” is not considered punishment but intended to “remedy a noted deficiency” and does not stay in an officer’s service jacket."

My Way News - McCain Annoys Conservatives on Detainees:

" [Commander in chief] Bush wants Congress to quickly pass his own proposed legislation authorizing military tribunals for detainees and harsh interrogations of terror suspects. Last week, he singled out McCain, a rival for the presidential nomination in 2000, making clear whom he blamed for standing in the way."

My Way News - Warner Optimistic on Interrogation Bill

British soldier pleads guilty to inhumanely treating Iraqi civilians - iht,europe,Britain Court Martial - Europe - International Herald Tribune

FERES DOCTRINE

Philadelphia Daily News | 09/19/2006 | WHEN WAR MAKES SOLDIERS SICK:

"A 1950 Supreme Court decision, commonly known as the Feres Doctrine, prohibits soldiers from suing the government for injuries 'incident to [military] service...'"

JAG Hunter here: Former Navy TJAG John D. Hutson is a criminal. Hutson finds himself at the center of a criminal enterprise joined by incumbent Navy TJAG Bruce Macdonald, former Marine JAG Kevin M. "Andy" Anderson, former Navy TJAGs Grant and Guter, former Marine and Navy staff JAG Timothy W. Zeller, Zeller's former boss, Rear Admiral John W. Bitoff (Retired), and others.

Union Leader - John D. Hutson: Congress must right a wrong on treatment of detainees - Monday, Sep. 11, 2006:

"Retired Adm. John D. Hutson served as the Navy's judge advocate general from 1997 to 2000. He is president and dean of the Franklin Pierce Law Center in Concord."

Marine Corps Times - Lawyer: Black case going to non-judicial punishment:

"The case against a former Naval Academy instructor Lt. Bryan Black, who allegedly used foul language in mixed company last summer, is going to non-judicial punishment Friday at the Washington D.C. Navy Yard, according to attorney Charlie Gittins."

Defense Funds USMC Camp Pendleton 8 CP8 Marine Corps 3/5 Marines:

Outreach Services: The Camp Pendleton 8: CP8

Late entry: An important read

Craig Roberts -- The Pendleton Eight:

"In my experience there are good officers and bad officers, and there are those who are good warriors and fight the good fight, and those who are political coat-tail hangers who are very mercenary with their morals and will do what is necessary to get promoted and advance, even at the expense of others. When the latter are in charge of an issue, such as this one, then the system of fairness and 'due process' suffers and those accused pay the price. In the mind of these types of officers, 'what do a few enlisted men mean when it comes to being promoted from lieutenant colonel to colonel, or colonel to general...they are expendable.'"

WorldNetDaily: Free the Pendleton 8!:

"Today, and for the last two months, they are in solitary confinement in the brig at Camp Pendleton, shackled during weekend visits with their family members and frequently deprived of their rights as American citizens as they stand charged with pre-meditated murder of an Iraqi last April."

U.S. Navy: What is Non-Judicial Punishment

Townhall.com--Do the right thing--By Frank J. Gaffney, Jr.:

"Poppycock. As best-selling author Richard Miniter recently reported in the New York Post on his return from a visit to the detention facility at Guantanamo Bay, the Defense Department is bending over backwards to avoid any appearance of mistreatment of these unlawful enemy combatants."

JAG Hunter here: I've yet to read the findings of any reporter who has visited an American soldier, or sailor, or Marine held in U.S. military custody informing us regarding their treatment. The "Pendleton Eight" come to mind. I'd like to know by way of independent, public review regarding the unattended death of Army soldier Gary Shafto while he was incarcerated in the old Displinary Barracks at Fort Leavenworth. And I'd like an update on the medical status of soldier Sean Baker who Army guards nearly beat to death during a training exercise at GITMO.

Yeah...I'd like to know about our guys.

Military.com

Comprehensive Review of Military Awards

And they say crime doesn't pay...

2004 Kitsap County Employees List

Kevin Martis "Andy" Anderson
Deputy Prosecutor III ($35.94 per hour)

Andy is still on the payroll in 2006...

General Officer Assignments

DefenseLink News: News Release

Wall Street Journal

OpinionJournal - The Western Front:

"'You put together this new body of law and rules, and that's going to include a lot of provisions that are very similar to the UCMJ, but that are actually similar to lots of bodies of law, right? Basic stuff like the right to have counsel, etc., etc. If they want to say that's from the UCMJ, that's good; that's fine with us. I don't care about the optics. What I care about is the practical construct of this.' The bottom line, he said, is that 'you can't adopt the UCMJ in total.'"

Army Times - Body armor reimbursement claims due Oct. 3

Virginia Law Weekly

News: Experts Discuss Significance of Anti-Gitmo Ruling: Virginia Law Weekly:

"A panel discussion of arguably the most important court case to date concerning America’s tactics in the War on Terrorism brought Caplin Pavilion to near capacity last Wednesday afternoon."

Navy Announces FY'07 Law Education Program:

"Lt. Cmdr. Shane Cooper, of Newport, R.I., was selected for LEP in 1999 and was accepted at Cornell University Law School, graduating in 2003. He is presently assigned as the JAG for Submarine Groups (SUBGRU) 9 and 10, located at Naval Base Kitsap, Bangor, Wash."

JAG Hunter here: Bill Gertz and Rowan Scarborough have reported in the Washington Times (posted below) efforts to populate the JAG ranks support designs to elevate from two-star to three-star rank the position of each of the respective service TJAGs. Also see Powerline's Scandalous If True
.

Commentary

CaliforniaRepublic - Conserving Justice by William Kuebler | Conservative Opinion - Popular Culture - Hollywood:


The Case Against the Administration's Flawed Military Tribunals Bill
by William C. Kuebler [Navy JAG Officer] 9/18/06 "

Stars & Stripes: "Senior airman gets 18 weeks for improperly killing pet dog "

My Way News - White House to Revise Terror Proposal:

"An agreement would keep Republicans from having to choose between backing Bush, as they have done in the past on anti-terror issues, and three Republicans known as leaders on national security issues: Warner, R-Va., a former Navy secretary; John McCain, R-Ariz., a former prisoner of war who last year pushed through legislation banning mistreatment of detainees; and Graham, R-S.C., a reserve judge for the Air Force Court of Criminal Appeals. "

WVEC.com | News for Hampton Roads, Virginia | Norfolk News:

"The Navy in July referred the charges against Jackson to a general court-martial following the Article 32 investigation. A date for the court-martial has not been set."

Commentary

Power Line: Scandalous if true:

"Elements of the JAG Corps -- career government military lawyers -- exert, in my view, an undue amount of influence on how this country will fight the war on terrorism. And not for the good. "

Former Navy TJAG John Hutson is a criminal. His opinions must be considered in that context.

KRT Wire | 09/15/2006 | Position on detainee trials comes at political risk for GOP senators:

"'They think this is more important than politics,' said John Hutson, former Judge Advocate General for the Navy."

About those recruiting numbers....

Asia Times Online :: Asian News, Business and Economy - Coaxing the unwilling:

"US troops began to scrawl 'UUUU' on their helmet liners"

Reading, writing, and recruiting - The Boston Globe:

"If we overlooked this form, or did not opt-out , our high school is required to forward her information to military recruiters. This is thanks to a stealth provision of the No Child Left Behind law. It turns out that President Bush's supposed signature education law also happens to be the most aggressive military recruitment tool enacted since the draft ended in 1973."

OpinionJournal - Featured Article:

"Thanks to last year's McCain Amendment, the Defense Department is already required to give detainees in its custody better treatment than American police must give common criminals. "

JAG Hunter here: This totem pole isn't hard to read.

Congress and Pentagon commanders (assisted by staff JAGs) have spent more time in our country's history working to protect America's enemies than time spent considering and adopting protections for our own military personnel. Enemy belligerents are treated better than common U.S. civilian criminals who are treated better than American servicemen like the "Pendleton Eight."

I hate politics!

Transcript available

The Raw Story | Senator Graham offers strong defense of Geneva Convention:

"Citing his twenty-two years of service in the Air Force Judge Advocate General Corps, the first term senator said, 'We cannot have a great nation when we start redefining who we are under the guise of redefining our law.'"

FOXNews.com - Transcript: John Negroponte on 'FNS' - FOX News Sunday | Chris Wallace:

"The president always says that he listens to his commanders in the field. Why, in this case, is he refusing to listen to his legal commanders? The judge advocate general of every branch of the military opposes the president's plan for these tribunals."

JAG Hunter here: Reported below is my take on TJAG testimony delivered to the House Armed Services Committee two weeks ago. Last week the TJAGs executed a smart about face after called to meet with Defense Department General Counsel William J. Haynes, II. What we saw happen was a replay of Harry Truman's "come hither" moment with General Doug MacAurthur (see TJAG letters below).

So far, the TJAGs escaped safely. MacAurthur got fired. 1st Lt. Ehren Watada is being court-martialed (as was demoted General "Billy" Mitchell).

No sitting commander in chief is going to tolerate active duty officers publicly denouncing White House policy. The proper course of action for these TJAG officers to follow, if committed to their opposition to the commander in chief, is to resign.

There's still time for them to execute that manuever.

Portsmouth forms a team of prosecutors to combat drugs (The Virginian-Pilot - HamptonRoads.com/PilotOnline.com):

"Of the 21 sentences through last week, the average active time to serve has been just more than six years, Commonwealth's Attorney Earle Mobley said."

JAG Hunter here: So let's see if we understand this arrangement clearly.

Military policemen--federal agents at that--acting with and assisting local civilian police in civilian community law enforcement. Said another way, federal military cops (the "beyond boundaries" Naval Criminal Investigatve Sevice) participating in arresting and prosecuting civilians (not in the military, not under military jurisdiction) who are subsequently prosecuted in state courts by non-federal, civilian state prosecutors.

See any problems?

Nurse Breaks Silence, Reveals WWII Atrocity - AOL News:

"The way experts see it, these were no ordinary casualties of war, but possible victims of Tokyo's shadowy wartime experiments on live prisoners of war - an atrocity that has never been officially recognized by the Japanese government, but is well documented by historians and participants."

Townhall.com::Military Tribunals Bring Terrorists to Justice::By John Boehner:

"So how would these tribunals work? The legislation we are considering is based on rules and procedures from previous military commissions, international tribunals, and the Uniform Code of Military Justice. It provides basic fairness for accused terrorists by allowing them the opportunity to mount a full defense. It excludes statements by terrorists obtained through torture. And it would provide defense counsel to accused terrorists with the necessary clearances to review classified information on the accused terrorist's behalf."

TJAG LETTERS!!

WorldNetDaily: Congress tackles chaplains' right to pray:

"The proposal reads: 'In situations other than theological services or sectarian ceremonies when a prayer is offered, the policy shall require chaplains to be sensitive to and respect the diversity of faiths represented.'"

JURIST - Paper Chase: Pentagon civilian counsel urged military lawyers to sign letters favoring Bush bill: NYT:

"The letter apparently did not sway members of the Senate Armed Services Committee who subsequently voted [JURIST report] 15-9 Thursday to send their own bill [PDF text] on military commissions, which differs from the administration's legislation, to the full Senate for approval. "

This alert from ORBUSMAX.com

FORT LEWIS: Iraq war objector faces new charge for remarks in Seattle speech | TheNewsTribune.com | Tacoma, WA:

"The lieutenant’s attorney, Eric Seitz, characterized the additional charge as further evidence of the Army’s intent to silence his client."