Sunday, December 31, 2006

WHAT MEMO's?

Former JAG Attorney Implicates JAG Corps!!
by Kit Jarrell at Euphoric Reality

“I’ll tell you, if you think this case was mishandled, I could tell some stories…I’ve been a defense attorney too.” He paused, then, letting the unspoken hang.

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Friday, December 29, 2006

THE IRON TRIANGLE CASE

Staff Sergeant Raymond L. Girouard's letter to America:

One day you're in charge of 1.2 million dollars worth of military equipment, 8 soldiers, and their families lives, staff sergeant, U.S. Army Ranger, 2 back-to-back combat tours as a sniper squad leader, RECON squad leader, line squad leader, in a highly decorated unit, with numerous awards, special skill badges, and ribbons, the best training the ARMY has to offer, sacrifices too great to mention, then one day you're called a murderer, stripped of your weapon, soldiers, and pride, to be told the last 5 years of your life are worthless, then to be restrained by shackles, handcuffs, and chains, to be guarded everywhere you go 24/7.

Signed,
/s/
SSgt. Girouard, Raymond L.
101st Airborne 3 BCT, 3-187th Infantry
Rakkasans, U.S. Army Ranger*
JAG Hunter here: Counselor Hugh Hewitt, syndicated radio talk show host and regular commentator at Townhall.com recently asked his audiences: "What did you do after 9/11?" Counselor Hewitt continued:
I don’t think it is a stretch to conclude that young men who declined the opportunity to serve in uniform during this war will find themselves being asked “Why didn’t you come to the defense of your country after it was attacked?” I asked the young men who were objecting to my proposition to consider the answers they would be giving in a few years.
Too bad SSgt. Ray Girouard wasn't able to call in to give his answer which appears above. It's America's answer to Counselor Hewitt's question. It's the answer I would've given.

Think 'bout it in the New Year!

Here endth the lesson.


*SSgt. Girouard's letter to America is gently edited.
The JAG Hunter. Copyright© 2006. All rights reserved.

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IRON TRIANGLE VIDEO -- OUR MEN IN SHACKLES!!

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The IRON TRIANGLE CASE


LOOK AT THESE PICTURES!!--WBIR.COM - Family of soldier accused of Iraqi murder says he's shackled around the clock

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Don't miss The Front Line with Kit Jarrell -- tonight 10:00 p.m Eastern; 7:00 p.m. Pacific (click here to listen online)

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Army to Court-Martial Soldier Featured in (NPR) PTSD Story
All Things Considered, December 28, 2006 · Earlier this month, NPR reported on problems soldiers face at Ft. Carson, Colo., when they come back from Iraq with Post-Traumatic Stress Disorder and other emotional problems. Now, the base command has taken steps to court-martial one of the soldiers profiled in the story.

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CAAFlog: A look at Lee
I think that the biggest problem with the U.S. military justice system today is the institutional disparity in resources between the prosecution and the defense. The trial counsel can issue subpoenas; the defense counsel can't. The trial counsel can get litigation funding from the CA without having to run the request by the defense counsel; if the defense wants funding, it must show its cards to the prosecution. The trial counsel is closely [aligned] with NCIS while the defense has no organic investigation capacity.

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Thursday, December 28, 2006

An Army Lawyer -- One of Haditha Officers Charged is a JAG

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JAG Hunter here: My gratitude to Bruce Kesler, creator of MEDIACRITY. Thanks for for your generous words.

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BLACKFIVE: Lessons Learned
In my segment on Hugh Hewitt’s radio show yesterday, I focused on the frustrations that I hear from milblogs to MSM reports to reports from my own sources that the ROEs have devolved to the point of absurdity and our forces are more fearful of UCMJ violations than they are of enemy insurgents.

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Cortez submits plea agreement in Iraqi rape, murder case: Desert Dispatch newspaper - Barstow, California
In cases with multiple defendants, Bruzzo said, the government often makes deals with some of the defendants in order to create a strong case against a few individuals.

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Psycmeistr's Ice Palace: A heads-up...

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As the Haditha Marines have been saying...

Why Can't The MSM Cover Iraq? Milblog Day On The Hugh Hewitt Show
The MSM has badly botched its Iraq coverage, and the effect is pernicious though unintended. USMC Lt. General James Mattis made this point earlier in the week, but all of the milbloggers plus Ace and me added to the critique: The MSM is, collectively, helping the enemy.

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On 'Lessons Learned' From The Ethiopian Army :: :: Freedoms Zone
I hear from milblogs to MSM reports to reports from my own sources that the ROEs (edit: Rules of engagement) have devolved to the point of absurdity and our forces are more fearful of UCMJ (edit: Uniform Code of Military Justice) violations than they are of enemy insurgents. This devolution of the ROEs in Iraq originated from an institutional CYA (edit: cover your ass) instinct by the DOD and senior commanders resulting from sensationalist media coverage of such events as Abu Ghraib, CIA 'secret prisons', and various manufactured Gitmo abuse claims.


JAG Hunter here: Decline in America's ability to fight properly is inversely proportional to the ascendancy of the U.S. JAG corps.

Here endth the lesson

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AlwaysQuestion: A Few Words for HM2 Jaime Jaenke

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Wednesday, December 27, 2006

Billy Mitchell Born, December 28, 1879
Mitchell's son petitioned the Air Force in 1957 for a dismissal of his father's court-martial, but was denied. The Air Force merely expressed regret for what had happened. In 2005, President George W. Bush posthumously promoted Mitchell to the rank of Major General.

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Children Cope With Missing Military Parents During Holiday
More than 700,000 U.S. children under 5 years old have a military parent stationed away from home this holiday season, the most since World War II.

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JAG Hunter here: Those pesky details...


Lieutenant General James N. Mattis, speaking on the record, publicly to North County Times reporter Mark Walker, said Wednesday, 20 Dec. that he thinks, "We're seeing...an unwitting passing of the enemy's message, uncritical, unwitting passing of the enemy's message because the enemy has successfully denied the Western media access to the battlefields."

Next day Marine Corps spokesman Colonel Navarre announced charges against the Haditha Marines arising first and mostly from press reports issued late last year. Lt. Gen. Mattis voiced one of the central defenses the Haditha Marines are expected to present: Allegations against that Marine group are media creations crafted to disseminate the "enemy's message."

To prevent this sort of thing from occurring again, and responsive to a question put by reporter Walker, Mattis said he'd be "happy to have more Western media out there. We've had Al-Jazeera out with our troops."

In the world of military discipline, demonstrations of personal interest in the advance of a court-martial demotes a person's standing in the course of events rendering them ineligible to participate in that case farther, if at all.

The term "accuser" is applied to those people compromised in this way.

Lt. Gen. Mattis, now an "accuser" in the case against the Haditha Marines, is no longer competent nor allowed to carry on in the role of convening authority.

Here endth the lesson.

The JAG Hunter. Copyright©2006

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Probation ordered for wearing military medals not earned

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Tuesday, December 26, 2006

Lt. Gen. Mattis defends his Marines complaining of an obstructed and unreliable Amereican press!

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The End Of Able Danger? (Flopping Aces)

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ACTS OF ATTAINDER!

Marine Lance Corporal Robert Pennington updates: Welcome and thank you for visiting Defendrob.com

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U.S. Is Holding Iranians Seized in Raids in Iraq - New York Times

Tensions in the Middle East are simmering to a boil. Read and give Kit Jarrell a listen at the newly inaugurated Blogradio outlet.

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JAG Central 2 is a new permanent link to The JAG Hunter side bar. Check it out, lend your encouragement.

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More FERES Doctrine abuse -- South Bend Tribune
It's called the Feres Doctrine, resulting from a 1950 case in which an Army lieutenant died in a barracks fire and his family sued for damages.The argument, basically, is that the military cannot be held to the same standards of care and safety because the preparation for war itself is a dangerous act. So the government has its own procedures for determining which claims should be upheld.

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CAAFlog: JAG Central moves to new address

JAG Central, a military justice blog that was around long before CAAFlog was born, has moved to a new address. Its contributors are deliberating over whether to continue with the blog. You can weigh in here.

JAG Hunter here: Citizens Against Military Injustice (CAMI) was co-founded by three folks (The JAG Hunter one of those) many years ago. CAMI became the launch platform for The JAG Hunter and JAGMIRE, and we're closely affiliated today.

Also see "An Army Lawyer" site along with the "Able Danger Blog."

Military Corruption.com reports on related issues. Check MCC out and decide for yourselves regarding how to describe the site.

In the past year there's begun A JAG in Afghanistan.

And I think that covers the blog inventory. There are other sites out there that I think too static to be brought under the "blogosphere" canopy.

For the folks at CAAFlog (Messrs. Grover, Fulton, "No Man," Sullivan, and Gansevoort, thanks for your notice of The JAG Hunter and JAGMIRE.

Question for Mr. Gansevort: A pseudonym? If your real name, any connection to Warship Somers of "Somers Mutiny" infamy and one of its officers, Navy Lt. Guert Gansevort? Also, can you provide a written pronunciation guide? I've never heard this name spoken.

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Able Danger Blog: Merry Christmas from the Senate Intel Committee
The Senate Intelligence Committee noted in its report that its findings were consistent with the conclusions, released in September, of a similar investigation of Able Danger by the Defense Department Inspector General's office.
JAG Hunter here: Senior military officers, and civilian federal lawmakers, racketeers all, have turned not only against our soldiers and sailors, but against our country as well. The enemy is within. Make no mistake.

Believe Lt. Col. Tony Shaffer and his colleagues. Do not believe Senators on the Intelligence Committee. Do not believe any official from DOD IG.

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A JAG in Afghanistan: Christmas Day

After dinner I took my stroll through the snow and loved every minute. I may go back later tonight and do it again just to get my White Christmas fix.

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Sunday, December 24, 2006

8 Marines charged with Iraq murders
[Former Navy TJAG, Rear Admiral John] Hutson said officers play an integral role in the way crimes are reported and how military justice is handled. He said if the officers did fail to properly investigate the deaths, their failures were more enduring "than these guys who allegedly murdered people."
JAG Hunter here: Admiral Hutson's hypocrisy is astonishing! Kit Jarrell will be reporting in days regarding a massive criminal enterprise that involves tens of senior ranking Navy and Marine Corps officers. Former Navy TJAG Hutson, listed under the Command Racketeers section in the sidebar, plays an intimate and continuing role.

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Consequences of Growing Military Could Be High
...the military is reaching the breaking point...

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International: Philippines says cancellation of U.S. military exercise sets back armed forces modernization
The United States announced Friday it was canceling the annual Balikatan exercise scheduled for February 2007 while Philippine courts review the custody of Lance Cpl. Daniel Smith under a bilateral Visiting Forces Agreement.

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Agency to Test Military Draft Machinery - washingtonpost.com
The agency is not gearing up for a draft, an agency official said Thursday. The test itself would not likely occur until 2009.

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Euphoric Reality - BLOGRadio.com -- December 29: Coverups and Corruption
This story has it all: lies, betrayal, treachery, and dishonor. I’ll be talking about it on the 29th, live. I will have Tim Harrington from the Warrior Fund with me, going over the piles of evidence implicating everyone from the former head of Combat Logistics Group One, all the way to members of the current Congress.

And, we’ll be taking your calls.

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Saturday, December 23, 2006

Charges filed, but Haditha saga is just beginning -- Stars & Stripes
With eight defendants, some charged with lesser offenses likely will consider deals, Duignan said, “but the ones facing the strongest charges likely won’t see any good offers.”

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HADITHA BRIEFING

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Situational awarness during Christmas and New Year's

The Military and DUIs...don't do it...don't drink and drive!!

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Low quality, subpar recruits...

The Swamp - Chicago Tribune
...I have not seen it reported elsewhere that the Army had lowered it to this degree or had allegedly broken the law in its recruiting of such low-quality prospects.

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FCW.com - DOD bars use of HTML e-mail, Outlook Web Access
The JTF-GNO spokesman declined to say why the command raised the threat level except to say that Infocon levels are adjusted to reflect worldwide social and political events and activities.

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DOD bars use of HTML email, Outlook Web Access

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Gateway Pundit: Murtha Owes All Marines an Apology for His Hideous Slander!

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HADITHA

Rules of Engagement: Politics & Power: Vanityfair.com
On November 19, 2005, in Haditha, during Kilo Company's third tour of duty in Iraq, a land mine planted by insurgents exploded beneath a Humvee, killing a 20-year-old Marine. What happened next—the slaughter of 24 Iraqi men, women, and children—was not entirely an aberration. These actions were rooted in the very conduct of the war.

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After Charges Looking back on Haditha: The Lede - Breaking News - New York Times Blog

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Marines Charge 4 With Murder of Iraq Civilians - New York Times

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8 Marines Charged in Killings of Iraqi Civilians - New York Times

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Haditha Residents on Charged Marines: Let Us Have Them - New York Times

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Air Force Times - Kyrgyzstan threatens to evict Air Force
Recent incidents include a Sept. 26 collision between a KC-135R Stratotanker and a Kyrgyzstan commercial airliner, the expulsion of two U.S. diplomats in July and the Sept. 5 disappearance of Air Force Maj. Jill Metzger, who was found and quickly flown out of the country despite Kyrgyz requests for more access to her.

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Friday, December 22, 2006

Marines Charged With Haditha Deaths
"We are absolutely committed to holding fair and impartial proceedings in full compliance with the Uniform Code of Military Justice," he said.

JAG Hunter here: Marine Corps Colonel Navarre is a liar! Fair and impartial proceedings conducted in full compliance under the UCMJ are simply, in word, IMPOSSIBLE!

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VA chief calls draft beneficial, but ...
He later issued a statement saying his comments had been misconstrued and that he does not support bringing back the draft.

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Thursday, December 21, 2006

Journalists subpoenaed in military prosecution of soldier

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HADITHA MARINES

My Way News - Marines Charged in Iraqi Civilian Deaths
In the biggest U.S. criminal case involving civilian deaths to come out of the Iraq war, four of the Marines - all enlisted men - were charged with unpremeditated murder.

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Pentagon plans new command to cover Africa - The Boston Globe
Currently, the Pentagon has five worldwide command posts; Africa has been the shared responsibility of the Europe, Middle East, and Asian commands, but only as a secondary task. Each post's primary mission is in another geographic area, and those responsibilities garner far more day-to-day attention and resources.

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FBI says military recruiters in Arizona smuggled cocaine
The Army National guard recruiters later offered their drug-running services to undercover informants who posed as Mexican drug lords during the sting, Radtke said.

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FOXNews.com - Chief of U.S. Military Forces in Mideast to Retire Early Next Year

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Marine Corps News -- Iraqis Claims Addressed by 4th CAG Marines
When Iraqis are injured or their property is damaged due to perceived Coalition Forces actions, such as the destruction of a house or a car, the people usually hire an attorney. These attorneys are familiar with the process 4th CAG Marines use to determine whether the Iraqi’s claim is valid.

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Scoop: Leopold: Sarah Olson Subpoenaed in Watada Case
A US Army prosecutor subpoenaed Truthout contributing reporter Sarah Olson Thursday morning, seeking her sworn testimony at the court-martial of First Lieutenant Ehren Watada.

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KPBS -- San Diego Radio
No marines are in custody, but between five and eight marines are expected to be charged in the case.

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Wednesday, December 20, 2006

Townhall.com -- 'I Pledge Allegiance to Iraq' -- By Lt. Col. Scott Rutter
The Uniform Code of Military Justice (UCMJ) and its predecessor, the Articles of War, provided the U.S. with a separate system of laws and statues that is directed toward maintaining morale and discipline in the armed forces. These laws exist distinct from the civilian system, which focuses on jurisprudence, liberty, and due process. The point of military law is to ensure those who pledge allegiance to the Constitution as members of the armed forces uphold their obligation, under all circumstances. Even in 1775, the founders of this nation could see that a separate system was needed to ensure duty and order in the military.

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Haditha
Gary Solis of the Georgetown Law Centre, who has contacts with the myriad attorneys involved in the Haditha case, told IPS last week that, "The filing of the charges, which could happen any day now, indicate that the NCIS (Naval Criminal Investigative Service) investigation is over."

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GAO calls for better oversight of war-zone contractors

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theurbanhermit: MKULTRA -- is it Project ?ChristChurch?
One subject of Army drug experimentation, James Stanley, an Army sergeant, brought an important, albeit unsuccessful, suit. The government argued that Stanley was barred from suing under a legal doctrine—known as the Feres doctrine, after a 1950 Supreme Court case, Feres v. United States—that prohibits members of the Armed Forces from suing the government for any harms that were inflicted "incident to service."

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NAVAL ACADEMY

The Countervailing Force: Duke on the Severn - Kenny Ray Morrison charges to be dropped?

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Marine Corps Times - Corps to announce charges in Hadithah case
A broad command investigation, ordered by top military commanders in Iraq and conducted under Army Regulation 15-6, has been incorporated into the Naval Criminal Investigative Service probe, which has examined possible criminal actions by the infantry squad.

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Hearing for Navy lawyer ends when witness fails to show

Copeland said that as a civilian employee of the U.S. government, Nestor could not be compelled to testify at a U.S. military investigation.

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Bush Moves Toward Martial Law

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Contractors lost in Pentagon bureaucracy
According to the report, some 60,000 contractors are supporting the Army in Southwest Asia, a region that includes Iraq.

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The Court-Martial Process

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Seabee returns to U.S., arrested in alleged murder plot

Toerner is scheduled to appear in court Tuesday afternoon to be arraigned on charges including murder and using a firearm in the commission of a murder, according to Ventura County Superior Court records.

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Haditha decision may bring a sense of relief

Marine Corps officials are expected to announce the results of the investigation during a news conference Thursday at the base.

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Airman pleads guilty to drug use in court-martial

A Vandenberg Airman was sentenced to 441 days of confinement and a bad conduct discharge at a court-martial Dec. 13 in the U.S. courtroom here."

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Tuesday, December 19, 2006

Former U.S. Detainee in Iraq Recalls Torment - New York Times
The detainee was Donald Vance, a 29-year-old Navy veteran from Chicago who went to Iraq as a security contractor. He wound up as a whistle-blower, passing information to the F.B.I. about suspicious activities at the Iraqi security firm where he worked, including what he said was possible illegal weapons trading.

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Two Navy men, civilian charged in scheme of identity theft
Two Navy men have been charged in an identity theft scheme accusing them of fleecing more than $200,000 from financial accounts, including two individuals’ home equity credit lines.

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CG petty officer pleads guilty
Blair, who is assigned to Air Station Cape Cod, entered guilty pleas to storing seven unregistered weapons in his home, including an AR-15 assault rifle, a shotgun and assorted rifles and pistols, as well as grenade parts, fuses and explosive powder.

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Get subscribers posted by The JAG Hunter @ 12/19/2006 12:51:00 PM   0 comments

Army subpoenas journalists over officer's quotes

But Olson, who received her subpoena Thursday, acknowledged she has no legal grounds to refuse to testify...
JAG Hunter here: Ms. Olson is wrong, and has it backwards. Army commanders have no legal grounds to compel her presence at a court-martial.

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Get subscribers posted by The JAG Hunter @ 12/19/2006 12:39:00 PM   0 comments

In From the Cold: Getting Rid of Bad Apple Pickers
Better screening and selection of future military personnel can save problems and [embarrassment] down the road, as evidenced by the Air Force's newest JAG scandal (the service commissioned--and routinely promoted--a lawyer who was disbarred by two states more than 20 years ago).

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Monday, December 18, 2006

Soldier may use insanity defense

The U.S. accuses Martinez, 39, of killing Capt. Phillip Esposito, 30, and 1st Lt. Louis Allen, 34, at the 42nd Infantry Division's Tikrit base in June 2005 by detonating a Claymore mine and two grenades in Esposito's quarters.

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Stars & Stripes

A soldier killed in an alleged gang initiation beating was excited and looked forward to participating in the “jumping in” ceremony, an admitted gang member testified Friday.

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Check six! DOD's "PRESS Offensive" is begun!

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Security Watchtower

The U.S. Manas Air Base near Bishkek has said that the U.S. serviceman shot a truck driver dead in the Dec. 6 incident in self-defense after the driver had threatened him with a knife.

JAG Hunter here: Pfc. Corey Clagett comes to mind. Self-defense is not a crime.

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Get subscribers posted by The JAG Hunter @ 12/18/2006 02:19:00 PM   0 comments

Military Advocate -- Military Anthrax Vaccinations – Are They Safe? Are They Effective? Why Are They Mandatory?"

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Get subscribers posted by The JAG Hunter @ 12/18/2006 12:22:00 PM   0 comments

Robert Ambrogi's LawSites: Podcast: Interview with JAG officer in Iraq

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Get subscribers posted by The JAG Hunter @ 12/18/2006 11:59:00 AM   0 comments

Gates Sworn In as US Defense Secretary

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Get subscribers posted by The JAG Hunter @ 12/18/2006 11:54:00 AM   0 comments

Sunday, December 17, 2006

Case Stirs Criticism of Naval Academy Chief

Under the military justice system, any conviction in a court-martial must be reviewed and affirmed by the command that brought the charges.

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Get subscribers posted by The JAG Hunter @ 12/17/2006 10:10:00 AM   0 comments

Reporter Summoned to Testify Against War Resister

"This morning at 8:45 someone came to my house and delivered a subpoena," Sarah Olson, an Oakland, California-based journalist, told IPS. "It's absolutely outrageous. It's a journalist's job to report the news. It is not a journalist's job to testify against their own sources."

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Get subscribers posted by The JAG Hunter @ 12/17/2006 09:41:00 AM   0 comments

Tucson military recruiters ran cocaine
Together, these dozen or so recruiters formed the nucleus of one of the FBI's biggest public corruption cases, the sting known as Operation Lively Green, which unfolded in Southern Arizona from 2002-2004 and was made public last year.

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Saturday, December 16, 2006

Stars & Stripes - Marines say two were punished in rape case
“In accordance with Department of Defense privacy guidelines, we cannot release the details of the administrative punishment,” he said. “They have since returned to regular duties.”

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Army court-martial
HONOLULU - A court-martial panel on Thursday sentenced a Schofield Barracks soldier to life in prison without the possibility of parole for murdering his ex-girlfriend, with whom he had a child.

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FORMER CHINESE NATIONAL CHARGED WITH STEALING MILITARY APPLICATION TRADE SECRETS

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Free Republic comments--Defense spending accountability: Smarter for taxpayers, safer for troops

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Townhall.com::Defense spending accountability: Smarter for taxpayers, safer for troops::By Scott Garrett

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Three little words...Happy Birthday Norm!!

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Get subscribers posted by The JAG Hunter @ 12/16/2006 02:10:00 PM   0 comments

Gates may modify intelligence role

With several vacancies in top Pentagon intelligence posts, Gates will have an early opportunity to make his mark on its intelligence apparatus.

JAG Hunter here: As I've gently suggested in my SECURITY ALERT posted on this page, DIA Director Michael D. Maples must be removed from his post, then prosecuted under our Constitution's Article III .

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Pfc. Corey Clagett update: Raymond Owens' Blogradio show...give this a listen!

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Friday, December 15, 2006

Army Targets Truthout for Subpoenas in Watada Case

Captain Dan Kuecker, the Fort Lewis, Washington-based Army prosecutor, has stated his intent to compel Ash, Truthout reporter Sari Gelzer, and contributors Dahr Jamail and Sarah Olson to testify at the court-martial of First Lieutenant Ehren Watada. Kuecker is actively seeking the journalists' testimony so he can prove that Watada engaged in conduct unbecoming an officer...

JAG Hunter here: To find out why these journalists have nothing to worry about please follow me over to this JAGMIRE link...

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Get subscribers posted by The JAG Hunter @ 12/15/2006 11:33:00 PM   0 comments

Military Tribunals Ruled Legal

However, it never made sense that terrorists be tried in America just like common U.S. citizen lawbreakers, or even as members of enemy nations' armed forces. These terrorists are non-citizens, and they're members of rogue groups not tied to any country. The Military Commissions Act gets rid of the legal confusion about what to do with them.

JAG Hunter here: There was never any "legal confusion" regarding how to detain or punish our enemies. Congress was able from the beginning to amend language in America's Articles of War, since renamed the Uniform Code of Military Justice (UCMJ), to allow for criminal punishment of terrorists. However, using the UCMJ to simultaneously prosecute Marines, soldiers, sailors under the same system of discipline used to punish terrorists would have focused ferocious attention from voters on the real workings of the UCMJ. Enacting the Military Commissions Act was a clever, deceitful, actually sinister tactic by the Congress and military governors to deflect attention.

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Thursday, December 14, 2006

Marine says he asked NCIS for attorney but wasn't given one

Under U.S. and military law, a criminal suspect who asks for an attorney must be provided with one and questioning from investigators must stop.

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Group asks to widen Pentagon probe to see if evangelical group given aid

Thomas Gimble, the Pentagon's acting inspector general, said the appearance of Defense Department employees in the video violates several military rules, including rules against active-duty service members promoting political or religious causes while in uniform.

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Get subscribers posted by The JAG Hunter @ 12/14/2006 10:41:00 PM   0 comments

Federal judge issues split decision on new Military Commissions Act

...U.S. District Judge James Robertson also ruled that the law's denial of that right to the more than 12 million legal immigrants living in the United States was unconstitutional.

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Stars & Stripes -- Army reopens Article 32 hearing in alleged gang-related murder

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US CODE: Title 10,815. Art. 15. Commanding officer’s non-judicial punishment

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Mothers go to battle for accused sons

"The military wanted these guys to plead guilty and keep it hush-hush within the military," Melanie Dianiska, 40, said in her soft Southern drawl. "Well, they certainly didn't expect someone like me. I'm putting it all out there for the world to see."


JAG Hunter here: It seems Melanie, Deanna and I share common interests and focus. More mothers need to join the fight. Their sons and daughters are next.

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Get subscribers posted by The JAG Hunter @ 12/14/2006 03:28:00 PM   0 comments

Stars & Stripes -- U.S. Marine held in foreign prison!!

[USMC Lance Corporal Daniel] Smith was to remain at the Makati city jail in Manila’s financial district. Pozon ordered him there Dec. 4, following the Marine’s conviction and 40-year sentence for raping a 23-year-old Philippine woman last year."

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Get subscribers posted by The JAG Hunter @ 12/14/2006 03:21:00 PM   0 comments

News For Real--The Army's broke:

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Always On Watch: December 15: Bill Of Rights Day

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Get subscribers posted by The JAG Hunter @ 12/14/2006 11:52:00 AM   0 comments

Soldier Won't Face Death In Rape Case

Spielman is scheduled to face a jury trial on April 2.

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Get subscribers posted by The JAG Hunter @ 12/14/2006 10:30:00 AM   0 comments

Kit and Heidi: Information Lockdown

The fact that soldiers and Marines are being destroyed, along with their families, is of no consequence to these people.

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Get subscribers posted by The JAG Hunter @ 12/14/2006 01:07:00 AM   0 comments

Wednesday, December 13, 2006

Schofield soldier guilty of murder

According to trial testimony, White was involved in a bitter child custody fight with LaDuke and decided to kill her to avoid paying child support.

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Get subscribers posted by The JAG Hunter @ 12/13/2006 09:07:00 PM   0 comments

The JAG MAN expounds on the export of America's military discipline system...

A JAG in Afghanistan

We as mentors, and even they as the legal corps of the ANA, have to realize that their system of military of justice is not even a year old. Their military justice system was passed into [law] last December and it wasn't until around June of this year that it really went into effect. I was told that since June they've done about 50 court martials in the [V Corps]. That may seem like a lot or a little, depending on your point of view, but it's been a tremendous success for the [Afghanistan National Authority--ANA] to get this far. One of the judges said that it's taken our system of [justice] over 200 years to develop so the great strides they've made in less than a year are commendable.

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Get subscribers posted by The JAG Hunter @ 12/13/2006 11:03:00 AM   0 comments

A peak into the workings of military discipline from "The JAGMAN."

A JAG in Afghanistan: NJP

I was hoping to instill a fear in him to never do something like this again. I’m so mean! I love it!!

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Get subscribers posted by The JAG Hunter @ 12/13/2006 08:20:00 AM   0 comments

Tuesday, December 12, 2006

Embassy Law Blog -- Troop immunity lifted

Kyrgyzstan is particularly concerned because servicewoman Jill Metzger disappeared from the base last September which frustrated another investigation by Kyrgyz authorities.

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Get subscribers posted by The JAG Hunter @ 12/12/2006 11:31:00 PM   0 comments

Euphoric Reality:

Kit Jarrell

You should really make sure to tune in tomorrow, because Heidi and I will be talking about military injustice. We have been researching several cases of military injustice, all of which show blatant misconduct on the part of the NCIS, as well as the military “justice system.” The system is broken, and unless we fix it, we should expect to see many more Marines, soldiers, airmen and sailors brought up on bogus charges for their actions during combat.

Do a temporary cripple a favor: tune in to The Furious Truth with Kit Jarrell. I’m on tomorrow night from 10 to 11 p.m. Central Time. I guarantee that the information that I will be releasing tomorrow will be one of the biggest news stories in quite some time. It is already catching the attention of Congressmen and Senators, and many media personnel. Just remember you heard it here first.

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Get subscribers posted by The JAG Hunter @ 12/12/2006 11:26:00 PM   0 comments

Navy Times - 3 Seabees arrested in ‘bizarre’ murder case

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Marine Corps Times - Blowhards, beware: "Stolen Valor" now a felony

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JAG-knifed! Private First Class Corey Clagett

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Marines lose a friendly face from Whidbey Island

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Get subscribers posted by The JAG Hunter @ 12/12/2006 10:46:00 AM   0 comments

Top Air Force Lawyer Had Been Disbarred

He was relieved of his command at Bolling on Nov. 30 after the Air Force learned that he had been disbarred for professional misconduct in Texas in 1984 but hadn't informed his superiors, according to Air Force Times, an independent newspaper that first reported the action.

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Oregon soldier pleads guilty to AWOL, missing movement charges

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Gangs wearing new kinds of "colors"...

Two seek protective custody in K-Town case tied to gang: Stars & Stripes

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Get subscribers posted by The JAG Hunter @ 12/12/2006 03:29:00 AM   0 comments

Monday, December 11, 2006

BLACKFIVE: ROE - Rules of Endangerment

I can’t even tell you how [angry] it makes me to hear a JAG officer suck in breath as he tries to think real hard how to explain the murky depths of our ROE. A system that used to be a way of allowing soldiers to avoid hurting civilians by using certain weapon systems at certain times has once again degenerated into a complex [Check six] legal trick for higher command. Believe me, it isn’t there because Colonels and Generals WANT us to fight this way, it is there because YOU do.

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Sunday, December 10, 2006

SECURITY ALERT!!

SECURITY ALERT!


Army Lt. Gen. Michael D. Maples is a known, reported federal felony fugitive and active participant in the concealment of continuing criminal escapades.

Maples acted as he did, as a general court-martial convening authority
under orders issued by
and on behalf of
the commander-in-chief.

Command racketeer Maples must be removed immediately from his position as Director, Defense Intelligence Agency, arrested by civilian agents, and prosecuted as commanded by the Constitution under Article III! Additionally, every man and women complicit in Maples' criminal business must be similarly held to account!

Maples' criminal rampage is previously reported here , here, and most recentl -- here! Charges made against Maples and company read, in part, as follows:

...did knowingly and intentionally conspire to criminal impersonation, committed acts of attainder, did knowingly and intentionally conspire to defraud others by using deceit, craft, trickery, dishonest means, false and fraudulent representations, including ones made without a reasonable basis and with reckless indifference to their or falsity, and omitting to state material facts necessary to make their representations truthful, fair, and accurate, while knowing and intending that their false and fraudulent representations would influence outcomes and public inspection, thereby defeating,
deflecting, obstructing, impairing, and interfering with outside, independent and lawful oversight functions, kidnapping, unlawful detention, conspiracy to these crimes...


By no means an exhaustive list.

Representative Norman Dicks, Adam Smith, John Shadegg, and Senator John McCain begin a long and distinguished list of federal lawmakers and law enforcement officials placed on notice of Maples' criminal conduct by way of personal briefings, through this website, and separately filed written criminal complaints. Also alerted are Senators John Warner, Patty Murray, Maria Cantwell, Jon Kyl, Congressman Duncan Hunter, and federal agents from the Army's Criminal Investigative Division (CID), and Federal Bureau of Investigation (FBI).

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Get subscribers posted by The JAG Hunter @ 12/10/2006 08:52:00 PM   0 comments

Pentagon invoking emergency authority for Guantanamo court:

The Pentagon wants to build, in three months, a mini-city on an abandoned airfield to stage the trials - two new courtrooms with space for two more, dining, housing and work space for up to 1,200 military and civilians working at the trials, and media, conference and classified information centers.

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Get subscribers posted by The JAG Hunter @ 12/10/2006 04:34:00 AM   0 comments

Saturday, December 9, 2006

Stars & Stripes -- Article 32 hearing in attempted murder case in England is postponed

An Article 32 investigation scheduled for Friday for a 100th Air Refueling Wing airman charged with one count of attempted murder and one count of stalking has been postponed until Monday.

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Get subscribers posted by The JAG Hunter @ 12/09/2006 11:09:00 PM   0 comments

Missing and Captured Vigil: Jill M. Metzger

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Get subscribers posted by The JAG Hunter @ 12/09/2006 08:47:00 PM   0 comments

US marine 'denied a lawyer'

An [Naval Criminal Investigative Service] agent 'said that would be the worst mistake I could make', Pennington said.

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Get subscribers posted by The JAG Hunter @ 12/09/2006 08:03:00 PM   0 comments

Army says proper honors given to Knier

...a former Army Reservist, Cynthia Hoag, said that she and three friends witnessed the flag-draped casket believed to hold Knier being taken from an airplane baggage conveyor at Greater Rochester International Airport and placed in a cart with other luggage on the runway.

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Air Force JAG with no law license - Stars & Stripes

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Jill Metzger returns to duty at her regular station - Major Jill Metzger - Zimbio

Her grand jury proceedings remain secret...

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Get subscribers posted by The JAG Hunter @ 12/09/2006 05:09:00 PM   0 comments

Still Standing, Still Writing
by Kit Jarrell

My computer was hacked yesterday. Oddly, only one of all the networked computers in my home was affected—the one I do all my writing on. My security firewall has blocked over 3700 intrusion attempts. In the last 24 hours, 14 different Trojans appeared on my computer. Each of them had a very specific, very pointed function.

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Get subscribers posted by The JAG Hunter @ 12/09/2006 11:56:00 AM   0 comments

How the Feres Doctrine is used...and why it must be struck down!

Sgt. Brandon Huff was given rF7a at a hospital in Mosul last year after a bomb amputated his left leg and damaged his abdomen with shrapnel. He later suffered a clot-related stroke - highly unusual for a young man who does not have high-blood pressure or arteriosclerosis.

JAG Hunter here: Infantrymen experimented on as stupid dumb lab animals. Question: Which drug company stands to profit from "rF7a" coming to market, and who sits on that company's board of directors?

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Get subscribers posted by The JAG Hunter @ 12/09/2006 09:19:00 AM   0 comments

Marine sergeant arraigned in Hamdania killing

Hutchins' civilian attorney, Rich Brannon, has said his client is innocent and that the full story has yet to be told. Brannon did not appear before reporters following a 20-minute hearing before Marine Col. Steven Folsom.

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Thursday, December 7, 2006

Top Air Force JAG stripped of command!!

Col. Michael D. Murphy, commander of the Air Force Legal Operations Agency,was disbarred in Texas in 1984 and Louisiana in 1985 but apparently never told his commanders, as required by Air Force regulations governing its lawyers, or judge advocates.

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Get subscribers posted by The JAG Hunter @ 12/07/2006 10:39:00 PM   0 comments

The Director of the Defense Intellengence Agency is a known and reported felon...

Read more about the case against Lt.Gen. Michael D. Maples in The JAGMIRE.

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Get subscribers posted by The JAG Hunter @ 12/07/2006 10:09:00 PM   0 comments

Late entry: This Navy Times article forwarded by Mr. Michael Barber, military correspondent, Seattle Post-Intelligencer

________________________________________

Walt, FYI....from Navy Times.....
________________________________________


Lawyer questions tenure of Navy judgesNAVY TIMES
By Chris Amos Staff writer
A lawyer has raised questions about the fairness of Navy courts, arguing that
the at-will employment of Navy judges could make them susceptible to pressure
from Navy brass to seek desirable outcomes in courts-martial.
Civilian lawyer
Eugene Fidell filed an appeal in U.S. District Court in Washington, D.C., asking
that the 2003 conviction of Lt. Cmdr. Darrell T. Opperman be thrown out because
discrepancies in tenures among military judges could lead to such pressures and,
as a result, are a violation of Opperman’s Fifth Amendment right to equal
protection under the law.

Navy, Air Force and Marine Corps judges do not have a fixed
term of office, whereas Army and Coast Guard judges do, according to
Fidell.
The U.S. Supreme Court has ruled that government organizations can
treat similarly situated people differently only if there is a rational reason
for the difference in treatment.
But Fidell said there is no rational reason
for the differences in judge tenures, especially since most aspects of military
criminal justice are standardized under the Uniform Code of Military
Justice.
“It has to be something based on practicality,” he said.
“Disparities have to be explained. I think they have a serious problem here. If
the Coast Guard has ships and they can do it, why can’t the Navy? The problem is
this is a platoon of services that is not in step.”
Opperman, a former Navy
nurse, was sentenced to nine months’ confinement, an $18,000 fine and dismissal
from the Navy after he was convicted of dereliction in the performance of his
duties, failure to obey a lawful order, physically controlling a vehicle while
drunk, being drunk on duty, wrongfully and recklessly engaging in conduct that
was likely to cause death or serious bodily harm and being incapacitated for the
proper performance of his duties as a result of wrongful previous overindulgence
in intoxicating liquor. The confinement and fine were suspended.
The military
would have an option to retry Opperman after it provided a fixed tenure for its
judges if the appeal is successful, according to Fidell.
The U.S. Court of
Appeals for the Armed Services, Fidell said, dismissed the appeal Oct. 11 with a
one-sentence statement: “We disagree, and decline to grant
relief.”
Disappointed that the court did not offer an explanation for its
decision, other than previous cases upon which it was based, Fidell then filed a
motion with the U.S. District Court in Washington, D.C., which is the next
highest level of review.
The Navy has 60 days to respond to the appeal, which
was filed Oct. 24, Fidell said.
U.S. District judge Emmet G. Sullivan will
hear the case. Fidell promised to appeal until the Navy changes the
policy.
“If it has to go to the Supreme Court, we will take it to the Supreme
Court,” he said.

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Camp Pendleton Marine to be arraigned in death of Iraqi

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Remembering Pearl Harbor!

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'This is America and I'm going to say it: Merry Christmas!'

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Get subscribers posted by The JAG Hunter @ 12/07/2006 10:17:00 AM   0 comments