WORDS MEAN THINGS
Clever JAGs and command racketeers use modern language to misinform and confuse the general public regarding the real workings of the military discipline system.Describing commissioned military officers as "military judges," is like calling Punxsutawney Phil a weather man.
Guy Montag, a major character in Ray Bradbury's famous Fahrenheit 451, is described a "Fireman." But in Bradbury's world the conditions of Montag's employment require the "Fireman" to set books afire and murder citizens. Bradbury's "Firemen" do not to protect lives or property.
They take them.
Military panels are not juries, nor do they operate in any way as a federal jury. Courts-martial are not federal courts. Commissioned military officers described as military judges are not federal judges. Military due process is not civilian "due process." There can be no appeals in a world absent courts, juries, and judges. In the military there are instead reviews of command decisions.
And so it goes.
Here endth the lesson.
The JAG Hunter. Copyright©2007
Labels: Article 32, due process, federal judges, JAG, JAG Hunter, judges, military discipline, military due process, military judges, UCMJ, Uniform Code of Military Justice
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posted by The JAG Hunter @ 1/29/2007 08:26:00 AM
Attorney: Accused Marine lieutenant is really a 'hero'
Sheldon said statements made by Pigott on Saturday and Sunday that he believed the government agents were truthful was improper.Labels: JAG, JAG Hunter, Marine, Military, NCIS, UCMJ
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posted by The JAG Hunter @ 1/28/2007 08:06:00 PM
WBIR.COM - Soldier's family recruits community supportFamily friend, Bonnie Cleveland said, "Sergeant Girouard is one of ours, he's a hometown boy we love him and we want him to come home to his family and do everything we can to see that happen."
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posted by The JAG Hunter @ 1/28/2007 12:47:00 PM
Sweetwater residents rally to raise funds for hometown soldier accused of murderMonroe County's American Legion Post 106 is accepting donations. Those interested in contributing to Girouards legal expenses can write to: American Legion Post 106, C/O Joe Tolson, P.O. Box 256, Sweetwater, TN 37874. The memo on your check should read SSG Ray Girouard Legal Expenses.
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posted by The JAG Hunter @ 1/28/2007 03:08:00 AM
Witness for accused Marine lieutenant threatened with perjury charge"The veracity of the Naval Criminal Investigative Service agents who took those statements has been made a centerpiece of the defense's case."
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posted by The JAG Hunter @ 1/27/2007 08:49:00 PM
Phan attorneys use hearing to question NCIS methods"Without an electronic record, lawyers say they have no way to tell if government agents used threats or coercive techniques to glean information from their clients."
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posted by The JAG Hunter @ 1/27/2007 05:42:00 PM
American's Military Coup D'Etat, let's call it LAWFARE, is underway!
From Department of Defense Directive 5500.17:"To assist the [commander in chief] in fulfilling his responsibilities under the [Articles of War] Uniform Code of Military Justice, and to satisfy the requirements of the [American military Manual for Courts-martial], the [Defense Department] shall review the Manual for Courts-martial [each year], and, as appropriate propose legislation amending the [Articles of War] UCMJ to ensure that the [Manual for Courts-martial] and the [AWs] UCMJ fulfill their fundamental purpose of a comprehensive body of military criminal law and procedure. The role of the [Joint Service Committee on Military [Discipline] furthers these [commander in chief] responsibilities. Under the direction of the General Counsel of the Department of Defense, the [Joint Service Committee on Military [Discipline]] is responsible for reviewing the Manual for Courts-martial and proposing amendments to it and, as necessary, to the [AWs] UCMJ."
Amendments to the [AWs] UCMJ must be approved through the regular legislative process as all other federal laws, under constitutional protections of checks and balances.
Responsibility for authorship and changes to the Manual for Courts-martial are solely the province of service Judge Advocate Generals (or TJAGs see sidebar). It's always been so. The collected group of service TJAGs is titled the Joint Service Committee on Military [Discipline].
No civilians served on the the Joint Service Committee on Military [Discipline].
No elected officials serve on the JSC.
Service TJAGs write and change the Manual for Courts-martial, and review it each year.
JSC recommendations, approved by the commander in chief, are made operable by Executive Order.
Congress has no power of oversight regarding the MCM.
None.
Nor do Supreme Court Justices.
The MCM is a deal between the commander in chief and his service TJAGs. Repeating for emphasis: The MCM is solely the work product of service TJAGs, as approved and placed in operation by the commander in chief.
Article 47 to America's Articles of War (UCMJ) was made to apply to every non-military U.S. citizen worldwide by language in the MCM alone. Commissioned officers of America's armed forces are not authorized to issue subpoenas to anyone. Only federal or state judges are granted subpoena power in criminal cases. Courts-martial do not represent federal or state courts of original criminal jurisdiction over civilians. Military "judges" are not federal or state judges. That subpoena power has been stolen, usurped by the commander in chief, as vested in military commanders by MCM artifice represents a great danger and must cause great upset and excitement.
Courts-martial are not courts! "Military judges" are not judges!!
TJAG expansion of military power over civilians is as foreseeable as inevitable. Nothing prevents service TJAGs from bringing civilians under military command authority by adding other AW/UCMJ Articles to Article 47.
NOTHING!
Beware the Fury of the Patient Man!
Here endth the lesson
The JAG Hunter. Copyright©2007
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posted by The JAG Hunter @ 1/27/2007 02:42:00 PM
General calls for investigation of leaked NCIS investigation report"A lot of people already think the Marines accused in this case are not going to get a fair shake," said Jack Zimmerman, an attorney representing Lance Cpl. Stephen Tatum.JAG Hunter here: I suggest the investigation start by lookin' at NCIS Executive Assistant Deputy Director for Criminal Investigations Ernie Simon, Special Agent James Conolly, NCIS IG L. B. Beyer, and other NCIS officials all of whom are named by this officer in these pages, and in existing federal complaints of criminal conduct, and who are part of the leaked investigation. But hey, that's just me...
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posted by The JAG Hunter @ 1/27/2007 05:27:00 AM
THANKS TO CONGRESS AND THE CINC...
WE ARE ALL SUBJECT TO MARTIAL LAW!!
FEDERAL CIVILIAN COURTS, AUTHORIZED BY CONGRESS AND MADE OPERABLE BY AN EXECUTIVE ORDER SIGNED BY COMMANDER IN CHIEF BUSH, MAY PROSECUTE ALL CIVILIANS UNDER ARTICLE 47 OF ARTICLES OF WAR (UNIFORM CODE OF MILITARY JUSTICE).
This from the current version of the Manual for Courts-martial:
Issuance of Warrant of Attachment [see below]:
The military judge or, if there is no military judge, the convening authority may, in accordance with this [rule for courts-martial], issues a warrant of attachment to compel the attendance of [a civilian]...
Subpoenas issued [by military commanders] under [rules for courts-martial 703] are Federal process and [any American citizen, CIVILIAN] may be prosecuted in Federal civilian court under [the Articles of War (UCMJ)] Article 47 for failure to comply with a subpoena issued by [a military commander]...
Failing to comply with [a military order to appear at courts-martial] is a felony offense and my result in a fine or imprisonment, or both at the discretion of the [federal] district court.
A first person account:
"I was in a court-martial, murder trial, where a civilian witness who was subpoenaed did not appear. The Military Judge signed an order, similar to an order that a Federal judge would sign and the US Marshals went to that witness's home and picked him up and brought him to the Court-Martial."
JAG Hunter here: A couple more points regarding this incredible twist of military "LAWFARE" against the American people. To begin the Manual for Courts-martial is an Executive Order, and not the product of any check or balance built into the creation of other federal legislation.
Tersely: American civilians are currently subject to the operation of military discipline simply because the commander in chief has ordered it so on his own authority!!
Next: This pesky detail, and a little inside baseball. The Punitive Articles of the AWs (UCMJ), that is the list of military crimes for which the CINC is allowed to award punishment, begin at Article 77 and end at Article 134.
Article 47 is not a punitive article.
Beware the Fury of the Patient Man!!
Here endth the lesson.The JAG Hunter. Copyright©2007.
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posted by The JAG Hunter @ 1/26/2007 01:55:00 PM
Congress authorizes military commanders to issue Arrest Warrants against American citizens - CIVILIANS!
I was alerted Wednesday night, indirectly, there are situations wherein U.S. Marshals or armed bounty hunters have forced civilians to appear before court-martial.
Counselor Charles Gittins confirms military commanders hold this extraordinary power, writing that:
If a witness fails to appear at a military court-martial (or court of Inquiry), upon the issuance of a subpoena for appearance at a military court-martial (or court-martial), the military judge (or President of the [court of inquiry]) is empowered to issue a Warrant of Attachment for the appearance of that witness at trial. Once issued, a Warrant of Attachment is delivered to the Federal Marshal Service (FMS) and Federal Marshals are dispatched to find the witness and bring the witness before the military judge. This assumes of course, that the Government is able to demonstrate that the subpoena was properly served -- in person as required by the court-martial rules -- and that at the time the subpoena was served the witness was also served with a check for travel expenses and witness fees.
I hope this illuminates the issue. Frankly, it rarely happens for two reasons: 1) most witnesses who receive a subpoena appear at trial; and, 2) those who don't appear usually have advice of counsel and can show that the subpoena was not properly served in accordance with the Rules for Courts-Martial. (If the subpoena was not properly served, in person with the tender of travel and witness fees, the witness is not required to comply with it).
A Warrant of Attachment or Writ of Bodily Attachment can and has manifested itself in the form of an Arrest Warrant and fine.Department of Defense form 454 Until Wednesday night I was unaware military officers had the power to issue any type or kind of Warrant against a U.S. citizen. I've never heard of this, never read about this, and not aware the practice actually carried out. I surmise not many of you ever knew.
This extraordinary power, now publicly exposed, is altogether consistent with earlier disclosures that military royalty have turned against American citizens.
Taken together with the history of the Articles of War (UCMJ), criminal conduct of command racketeers so far reported (now beyond argument), immunity from arrest or prosecution military politicians and command racketeers enjoy, recent UCMJ amendment, the absence of juries from courts-martial (attainder), forced confessions (duress), the unexampled growth of the JAG corps, all this and more reported at
The JAG Hunter, I humbly offer a rather dark time is upon us, unparalleled in our history, regarding civil-military relations.
Of course, repeating myself now, if these practices are not stopped they will continue and grow. Media folk should be on high alert for reasons I've already reduced to writing. Seems there exists more than enough information in plain sight to effect immediate arrests of senior military officers, military politicians, and NCIS, CID agents so far criminally charged.
Beware the fury of the patient man!Here endth the lesson
The JAG Hunter. Copyright©2007
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posted by The JAG Hunter @ 1/26/2007 06:54:00 AM
Corey Clagett update: Local soldier gets dealStill, Clagett's supporters continue to believe in his innocence and a theory that military officials are protecting higher-ranking officers.JAG Hunter here: News flash for correspondent Mostafavi: In this country, the United States of America, and under our Constitution, people ARE INNOCENT until a jury pronounces guilt. Now consider that juries are absent from the courts-martial discipline scheme of punishment.
Count me among Pfc. Clagett's supporters. He's innocent. Information come to my attention accuses Pfc. Clagett's defense team with complicity in the wrongful punishment of an innocent man. I have reason to believe Army officials are tampering with evidence, and perpetrating a fraud on a military hearing, perpetrating a fraud on America.
Innocent men who take deals to save themselves are cowards. People who support innocent men who take deals are cowards, supporting cowards.
Cowardice and fear are overcome by courage. Sadly, stupidity diminishes courage, reinforcing cowardice and fear.
I can't disabuse those stuck on stupid regarding the wrongness of admitting guilt where there's no crime.
Command racketeers and military politicians who do this to our men and their families are monsters, and themselves define a special species of cowards.
America in decline.
In fairness to Pfc. Clagett, he's being kept in the dark, being set-up for a fall. Still, he's innocent. Courage is what's required here no matter. Truth will out.
Here's a Free Republic challenge: I'm thinking correspondent Mostafavi, "higher education" reporter for the Flint Journal, needs a civics lesson. Ms. Mostafavi's phone number: 1.810.766.6210. Email Ms. Mostafavi's: Beata Mostfavi
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posted by The JAG Hunter @ 1/24/2007 12:27:00 PM
An Army Lawyer: Strategic Corporals? How about Strategic JAGs and the Rise of “Lawfare?” JAG Hunter here: LAWFARE? This has gone too far!!
The ability of America's servicemen to fight to defend our nation sharply erodes in an inverse geometric relationship to the ascent of the military establishment's JUDGE ADVOCATE GENERAL CORPS.
There's no place on the battle field for trial lawyers in uniform!!!
Warriors have to think before they shoot because of JAGs. JAGs are killing our fighting men. And JAGs are gonna get more warriors killed if we don't stop them.
LAWFARE?? PLUGHEASE!!
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posted by The JAG Hunter @ 1/24/2007 04:32:00 AM
EMPLOYMENT OPPROTUNITY!!Reston, Virginia Job search: Reston Oracle Database Administrator (5423) Tech job VirginiaDataBase Administrator (SV099)
responsible for providing database administration to a data sharing environment sponsored by the Naval Criminal Investigative Service (NCIS). Specific tasks include migrating data from a law enforcement agency to the Law Enforcement Information Exchange (LInX) system. Position requires expensive experience with local and wide area networks, as well as expertise with data dictionaries."
JAG Hunter here: This is not a good thing.
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posted by The JAG Hunter @ 1/23/2007 12:48:00 PM
ON THE RAPE OF A NAME!A letter to American Legion Post 106 - Sweetwater, Tennessee
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posted by The JAG Hunter @ 1/22/2007 07:07:00 AM
IRON TRIANGLE UPDATE!! JAGs HAVE KNOWN ABOUT THIS FOR MONTHS!!
Army Says Improper Orders by Colonel Led to 4 DeathsOn June 10, an investigative report by the 101st Airborne Division’s lawyers concluded: “Although clearly unintentional, confusion regarding the R.O.E. was the proximate cause of the death of at least four unarmed individuals, none of whom committed a hostile act or displayed hostile intent.”
JAG Hunter here: It's not coincidence this New York Times show stopper story is released on the eve of the State of the Union address.
JAGs, in the loop for months, remained silent allowing our soldiers, their families, and their communities suffer unnecessarily in service to protecting the Army's image. JAGs threatened the death penalty to keep the Army from looking really bad.
Every reason exists to believe American forces were led into a political trap. We got tricked, sucked into this phony mission big time. It was an ambush of sorts. Release of false, misleading information regarding the military value of former weapons plant fooled operational planners. They in turn gave out bad information to forces in the field. Col. Steele acted upon bad intelligence. American commanders were simply outsmarted. And they were willing to give up their troops to shield them from a hostile press corps. This is perdition!
Instead of finding hardened and dedicated terrorists, the "terrorist training camp" was populated by women and children.
I opine we got taken to the cleaners. I believe Iraqis knew how to set up American troops to be attacked by a hostile press. And it worked. Fearing reports sure to be filed by a predatory press corps (that hates our military), military royalty was prepared to sacrifice men like Staff Sergeant Girouard to maintain its public affairs campaign about the conduct of the combat in Iraq. This, last summer, in an environment where America was moving toward an crucial mid-term election.
The doctored Army press release, posted on these pages weeks ago, gave a glowing account of a tremendously successful, problem free mission that resulted in the capture of lots of bad guys. When it looked like the truth might get out about how we got snookered, Army brass started putting soldiers in military catacombs to keep 'em out of sight, and silent.
By so doing command racketeers and military politicians put entire families and communities through the tortures of hell. These monsters were as unconcerned as they knew to be unaccountable for the unnecessary misery and harm they visited upon good people.
As evidence mounts, as we learn more about the environment under "Coach" Mike Steele's command, it appears that it's Coach Steele who should face criminal charges and dragged into a federal hearing room.
Let Steele defend himself to a jury.
Steele knew his men to be innocent but was ready to let them hang to save himself. Steele symbolizes everything wrong with today's senior military leadership!
Command racketeers and military politicians have turned against our troops and no longer America's our trust.
The wrong people are running the Defense Department. Men such as Staff Sergeant Girouard, his family, and his community end up paying a dear price. Our nation is paying a dear price.
THIS IS AN OUTRAGE!!
ANOTHER OUTRAGE!!
IT'S PURE EVIL!!
BE ANGRY ABOUT THIS!!
BE VERY ANGRY!!
Here endth the lesson!
The JAG Hunter. Copyright©2007
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posted by The JAG Hunter @ 1/21/2007 01:32:00 AM
GANGS IN THE MILITARY A SERIOUS THREAT SAYS FBI
"Military recruiters under pressure to meet recruiting goals have engaged in criminal violations such as overly aggressive recruiting tactics and document falsification," said the report.
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posted by The JAG Hunter @ 1/20/2007 01:16:00 PM
When authorities do nothing about sociopaths—disasterSo while military mental health authorities did nothing, a U.S. soldier with “homicidal ideations” committed one of the worst atrocities of the war.It’s just another example of what can happen when authorities in a position to do something about a sociopath take no action.
JAG Hunter here: Pfc. Greene had no business being a soldier. Ignoring for the moment the charges Greene faces, you have to ask yourself what the man was doing in the battlespace? Why was Greene returned to duty? You see, according to medical professionals in their field, Greene represented a threat to himself and to his squad mates.
And how many more Pfc. Greene's are out there now?
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posted by The JAG Hunter @ 1/20/2007 06:18:00 AM
WORTH REMEMBERING!Navy Captain Found Guilty of Wearing Unearned MedalsA U.S. Navy captain with 34 years of service was found guilty...of wearing service ribbons and medals for which he did not rate, including the Silver Star and Distinguished Flying Cross, officials said.
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posted by The JAG Hunter @ 1/19/2007 09:25:00 PM
Air Force Lt. Col. convicted of filing a false claim
The court-martial panel sentenced him to a reprimand and more than $8,000 in forfeitures and fines.Contributed by the Judge Advocate Office
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posted by The JAG Hunter @ 1/19/2007 09:15:00 PM
SINISTER PRECEDENTS IN THE MODERN EVOLUTION OF CIVIL-MILITARY RELATIONS: NAVAL CRIMINAL INVESTIGATIVE SERVICE CONDUCTING COMMUNITY POLICING!
NCIS sting results in the arrest of Bremerton civilian The NCIS agent "was conducting an undercover operation on the Internet searching for adults that were attempting to engage in sex acts with minors," according to the probable cause statement for Levene's arrest.
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posted by The JAG Hunter @ 1/19/2007 08:44:00 PM
Fort Drum soldier in court for Article 32 hearingA Fort Drum soldier facing charges after a bomb scare on post back in November appeared in a military court Thursday. Private Yovani Gomez-Alvarado was in court for an Article 32 hearing.
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posted by The JAG Hunter @ 1/19/2007 06:37:00 PM
Military News: General Officer AnnouncementsMarine Corps Brig. Gen. Richard T. Tryon has been nominated for appointment to the grade of major general. Tryon is currently serving as the commanding general, Marine Corps Recruiting Command, Quantico.
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posted by The JAG Hunter @ 1/19/2007 05:51:00 PM
Pfc. Corey Clagett court-martial resetThe court martial for Pvt. First Class Corey Clagett has been tentatively changed to Jan. 25 at 8:30 a.m., Fort Campbell officials announced today.
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posted by The JAG Hunter @ 1/19/2007 05:37:00 PM
This just in from my Marine Corps friend Tim:
American Thinker Blog: Haditha counsel accuses Pentagon of deceit Why would the military act this way toward our frontline troops?
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posted by The JAG Hunter @ 1/19/2007 08:10:00 AM
Florida: Inquiry Has State Defense Contractor In Sights"The investigation has been under way since late 2005 and is still ongoing," said Ed Buice, an NCIS spokesman.
Buice, however, said he could not provide details "of who and what are under investigation" because doing so might compromise the inquiry.
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posted by The JAG Hunter @ 1/19/2007 07:19:00 AM
SING ALONG NOW..."THEY CALL THE CRIME ATTAINDER!"
Fifth US serviceman pleading guilty to Hamdania Iraqi civilian murder
JAG Hunter here: O.K. Here's how this works.
Recognizing you do not enjoy the protection of any jury--not a grand jury, not a trial jury. And knowing that the commander-in-chief can have his way with you unconstrained, unfettered, and unconcerned with any check or balance (judicial oversight for instance), military personnel are left with no way to defend against the CINC's abuses, and have to make the best deals they can for themselves and their families.
GET IT? IT'S CALLED ATTAINDER!!
Our troops can't defend themselves, and there's no jury to protect them from the commander-in-chief, so our servicemen and women do what that can for themselves and their families to survive.
REPEATING FOR EMPHASIS--IT'S CALLED ATTAINDER!!
In most every one of the situations profiled on this website, military governors would be blocked from even bringing charges against our serviceman had the protection of a jury's critical eye been operative.
Here endth the lesson.
The JAG Hunter. Copyright©2007
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posted by The JAG Hunter @ 1/18/2007 11:41:00 PM
GI to plead guilty in Iraq rape-murderTwo others - Pfc. Jesse V. Spielman, 22, of Chambersburg, Pa., and Pfc. Bryan L. Howard, 23, of Huffman, Texas - await courts-martial in the coming months on charges related to the attack.
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posted by The JAG Hunter @ 1/18/2007 11:24:00 PM
ANOTHER PLEA DEAL!!ABC News 4 Charleston - Report: Clagett To Make Plea Deal
A report Thursday says that Bergrin said Clagett “had to reach a plea-agreement, because one of his co-defendants had implicated him.” No more details were available on Clagett's agreement. A hearing is scheduled for the end of this month.
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posted by The JAG Hunter @ 1/18/2007 10:16:00 PM
Second soldier expected to plead guilty in Iraq rape caseSgt. Paul E. Cortez, 24, of Barstow, Calif., is expected to plead guilty to rape and premeditated murder during a hearing next month at Fort Campbell, attorney William Cassara said.
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posted by The JAG Hunter @ 1/18/2007 07:47:00 PM
Admiral: Healy officers deserved NJP
Wurster held mast for the three officers Jan. 14, the day before the Coast Guard released the results of an investigation into the accident that killed two divers, Lt. Jessica Hill, 31, and Boatswain’s Mate 2nd Class Steven Duque.
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posted by The JAG Hunter @ 1/18/2007 07:43:00 PM
Hearing Set For Marine Charged With Stealing Iraq War BootyA Marine charged with stealing classified documents and war booty, including pistols given to Saddam Hussein, was scheduled to appear for an Article 32 hearing Wednesday.
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posted by The JAG Hunter @ 1/18/2007 07:23:00 PM
PLEASE REPEAT AFTER ME...THERE ARE NO JURIES!...THERE ARE NO JURIES!...THERE ARE NO JURIES!...
Marine wants jury trial in Awad killing: Magincalda asks that panel include enlisted menMagincalda, 23, told the judge presiding over his case, Marine Col. Steven Folsom, that he wanted to exercise his right to have the jury of service members who will hear his case include some of his peers.
JAG Hunter here: ARGGH!! NO JURIES are provided for in the military discipline setting. Our chief executive, wearing his military uniform known to us all as the commander-in-chief, is authorized to act directly against all military people (and now tens of thousands of civilians) without the permission of a jury. The practice is called: ATTAINDER.Tell Mr. Walker, for me, should he find the word "jury" anywhere in the Articles of War (a.k.a. UCMJ), IN any edition of the Manual for Courts-martial (MCM), or in the JAG Manual (JAGMAN), I'll eat a Sunday edition of his North County Times.
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posted by The JAG Hunter @ 1/18/2007 05:00:00 PM
NO EVIDENCE...NO TRIALS...NO JURIES...NO JUDGES...JUST ONE PLEA DEAL AFTER ANOTHER, AFTER ANOTHER, AFTER ANOTHER, AFTER ANOTHER...Thomas to plead guilty in Hamdania killingA 25-year-old Marine corporal is expected to plead guilty Thursday to a charge of murder in the death of an Iraqi civilian last year.
JAG Hunter here: Anyone out there see a problem here? HELLO!
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posted by The JAG Hunter @ 1/18/2007 12:53:00 PM
Haditha Accusations Unmasked!The report on the investigation of the Haditha slayings by the Naval Criminal Investigative Service (NCIS), leaked to the Washington Post by anonymous Pentagon sources, is based on incomplete information and is badly flawed, a source tells NewsMax.
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posted by The JAG Hunter @ 1/17/2007 10:43:00 PM
JAG Hunter here:Calling commissioned military officers judges is like describing PUNXSUTAWNEY PHIL a weather man.
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posted by The JAG Hunter @ 1/17/2007 10:24:00 PM
MORE EVIDENCE OF NCIS CORRUPTION!!
An email from Mark to the JAG Hunter:
I have been following the various cases involving marines from Camp Pendleton closely. Without having a good understanding of how the military justice system works I have to be frank and admit something just does not smell right. A little web research has not given much reason to change my opinion. The following is one of my favorite cases since it is well written and contains a lot of material.
http://www.fas.org/irp/ops/ci/king/ssci_turley.html
JAG Hunter here: Thank you Mark!! WELL DONE!!
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posted by The JAG Hunter @ 1/17/2007 09:21:00 PM
Marine could face prison in theft caseMarine Maj. Beth Harvey and civilian attorney David Brahms are defending Maziarz at today's pretrial session, known as an Article 32 hearing.
“In my business, it is truth that counts,” Brahms said. “It's our intention to make the government meet its burden of proof. It's my belief that they will not be able to meet that high burden.”
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posted by The JAG Hunter @ 1/17/2007 09:46:00 AM
NAVY JAGPentagon official draws more criticism...Stimson is a member of the bar in his capacity as a Navy Reserve judge-advocate...
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posted by The JAG Hunter @ 1/17/2007 04:23:00 AM
Watada can't base defense on war's legality, judge saysIn a major blow to the court-martial defense of 1st Lt. Ehren Watada, a military judge has ruled that the Fort Lewis Army officer cannot try to justify his refusal to deploy to Iraq by raising questions about the legality of the war.
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posted by The JAG Hunter @ 1/17/2007 04:07:00 AM
Haditha Marines Attorneys Protest LeaksAttorneys representing two of four Marines accused of killing 24 civilians in Iraq in 2005 have asked for a formal probe to determine who leaked the contents of a massive investigation about what happened that day.
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posted by The JAG Hunter @ 1/17/2007 03:54:00 AM
USMC Chaplain who took a stand says Navy is retaliatingThe Navy’s chief of chaplains, Adm. Robert Burt -– himself an evangelical -– had no comment on the allegations.
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posted by The JAG Hunter @ 1/16/2007 07:38:00 PM
Haditha lawyers protest leak; claim news reports could taint [the military panel]
"I think whoever did it should be severely sanctioned," Jack Zimmerman, an attorney representing Lance Cpl. Stephen Tatum, said of the leak. "It hasn't been tested for reliability, it hasn't been subject to cross examination."
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posted by The JAG Hunter @ 1/16/2007 02:16:00 PM
NCIS investigative methods come under fire over prosecution of Marine lieutenant The investigative practices of the Naval Criminal Investigative Service will be under scrutiny later this month when three of its agents are expected to take the stand in a Camp Pendleton courtroom to answer an allegation they fabricated parts of statements being used in the prosecution of a Marine lieutenant.
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posted by The JAG Hunter @ 1/16/2007 04:44:00 AM
American Thinker Blog: NCIS on the hot seat
There has been so much leaking against the defendants in these military trials which seems to have originated out of the NCIS, I certainly welcome a closer look at their operations.
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posted by The JAG Hunter @ 1/13/2007 08:15:00 PM
Former Navy JAG calls for boycott of law firms representing detainees"It's shocking," said Stimson, 43, a former federal attorney and Navy lawyer. "The major law firms in this country . . . are out there representing detainees."
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posted by The JAG Hunter @ 1/13/2007 10:12:00 AM
JAG Hunter here:
Now that military governors approved foreign witnesses to testify against American servicemen regarding allegations of criminal conduct, I demand here and now American juries decide these questions of guilt or innocence. The day is arrived to command federal officials to obey the Constitution and provide for jury trials (under Article III) for all U.S. citizens.
Juries are absent from the military discipline system, an inconvenient truth the Congress has never been forced to address. It's been long-observed the Articles of War (euphemistically renamed the Uniform Code of Military Justice) irreconcilable with America's Constitution. As it stands, our chief executive, wearing his commander-in-chief's uniform is permitted by Congress to act directly against U.S. military personnel regarding allegations of criminal conduct without public examination and a jury's permission.
It's the very act of attainder forbidden under our Constitution.
This practice of attainder must come to an end with immediate effect.
If foreigners are allowed to testify against our military men and women, I want American juries to decide the fate of those U.S. troops.
Call your local media. Call your federal legislators. Raise hell and don't stop. Put an end to the CINC's congressionally approved power of attainder and demand U.S. juries give permission before any American serviceman is thrown into a military prison.
Here endth the lesson.
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posted by The JAG Hunter @ 1/12/2007 08:52:00 AM
Spc. Hunsaker will plead guilty to killing detainees
Girouard’s court-martial is scheduled for March 5, Fort Campbell spokesman Master Sgt. Terry Webster said.
Pfc. Corey R. Clagett, the final soldier charged in the incident, will next appear in court Jan. 27, Webster said.
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posted by The JAG Hunter @ 1/11/2007 08:45:00 AM
A Tough Defense Lawyer Finds He’s in Need of OneNew York prosecutors are trying to extradite Mr. Bergrin from New Jersey, where he was arrested yesterday and was being held on $500,000 bail, his lawyer said.
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posted by The JAG Hunter @ 1/10/2007 11:25:00 PM
Last week Attorney Bergrin names Black Hawk Down "Coach," Colonel Michael Steele a hostile witness...
Soldier Reaches Plea Deal in the Killing of 3 IraqisMr. Bergrin said he would call a powerful witness of his own: Col. Michael Steele, the brigade commander, who, according to several soldiers’ sworn testimony, told some soldiers to “kill all military-age males” they encountered during the raid, on May 9.
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posted by The JAG Hunter @ 1/10/2007 08:05:00 PM
This week Attorney Bergrin arrested...Pfc. Corey Clagett's civilian defense attorney charged with laundering NYC prostitution money Pfc. Calgett's next court-martial appearance is set for next Tuesday, 16 January 2007. Bergrin took the case pro bono.
JAG Hunter here: Huh! I don't believe in coincidence. How 'bout you?
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posted by The JAG Hunter @ 1/10/2007 06:09:00 PM
Bush Judicial Nominees Ask to WithdrawHaynes is the Pentagon's top lawyer, and was an architect of the Bush's now-abandoned policy toward treatment of detainees in the war on terror. He had been tapped for the 4th U.S. Circuit Court of Appeals.
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posted by The JAG Hunter @ 1/10/2007 11:04:00 AM
Soldier Diagnosed A Mental Health "threat" was returned to combat dutyPfc. Steven D. Green was found to have 'homicidal ideations' after seeking help from an Army Combat Stress Team in Iraq on Dec. 21, 2005. Green said he was angry about the war, desperate to avenge the death of comrades and driven to kill Iraqi citizens, according to an investigation by The Associated Press.
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posted by The JAG Hunter @ 1/10/2007 12:22:00 AM
My brother’s name is Ray L. Girouard he is an Army Ranger and a Staff Sergeant
He is currently...charged with murdering 3 Iraq detainees...
He’s...held as a prisoner for 5 months now in Charleston, SC Naval Base.
...we need $30,000.00 for my brother’s legal defense.
Please send us a donation even if it is just a dollar.
We depend on our soldier’s to keep us free...there are times when he depends on you and me.
Please send donations to:
The Ray Girouard Fund
906 New Hwy 68
Sweetwater, TN 37874
If you have a paypal account you can send money that way,
Just login and go to the “Send Money” Tab type in Email: bentleyr@charter.net
Or put in the phone number 423-337-0508
SUPPORTIVE AMERICANS LIKE YOU ARE TRULY APPRECIATED!!!
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posted by The JAG Hunter @ 1/09/2007 10:07:00 AM
More Subpoenas Come Down in Watada Case"The UCMJ (Uniform Code of Military Justice) has no application to civilians so the military has no hammer with the UCMJ alone," he said. "They would have to find a civilian court federal hammer, which would involve getting a second subpoena from a district court."
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posted by The JAG Hunter @ 1/09/2007 09:42:00 AM
Navy lawyer faces court-martial
Diaz, 41, of Topeka, Kan., is charged with failing to obey a lawful general regulation, engaging in conduct unbecoming an officer by wrongfully transmitting classified documents to an unauthorized person, and removing, printing and communicating to an unauthorized person classified secret information related to national defense.
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posted by The JAG Hunter @ 1/08/2007 03:45:00 PM
Military injusticeA military judge ruled that Olson and Jamail did not have to appear at Thursday's pretrial hearing. But the Army is pressing forward with its demand that the two reporters testify at the trial.
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posted by The JAG Hunter @ 1/08/2007 10:31:00 AM
A Soldier's Thoughts - By J.B. SmithA suspension of reality and an unwillingness to engage our enemies in total war instead created an environment where the skeptics have an opening to declare their victory by our defeat.
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posted by The JAG Hunter @ 1/06/2007 06:02:00 AM
Hearing set for Marine officer charged in Hamdania assault
A co-defendant in the case is Sgt. Lawrence Hutchins III, 22, who also faces murder, kidnapping, assault and related charges in the April 26 abduction and slaying of a retired Iraqi police officer in Hamdania.
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posted by The JAG Hunter @ 1/06/2007 05:30:00 AM
Theft Probe Leads to N.Va. Storage Site - washingtonpost.comA Marine gunnery sergeant who once lived in Fairfax County and rented storage units in both locations was placed in pretrial confinement at Camp Pendleton because, the agent wrote, "reasonable grounds exist that he poses a serious threat to the national security of the Unites States."
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posted by The JAG Hunter @ 1/05/2007 11:56:00 PM
FERES DOCTRINE A Soldier Speaks: For Female Soldiers, Sexual Assault Remains a DangerThe Feres Doctrine prevents anyone from suing the government for damage that's been done to them while serving in the military.
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posted by The JAG Hunter @ 1/05/2007 09:56:00 AM
Guardsmen overrun at the BorderThe Border Patrol will not say whether shots were fired. However, no Guardsmen were injured in the incident.
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posted by The JAG Hunter @ 1/05/2007 09:29:00 AM
Hearing set for alleged fraggerStaff Sgt. Alberto Martinez, 38, is charged with premeditated murder in the June 7, 2005, deaths of Capt. Phillip T. Esposito, 30, and 1st Lt. Louis E. Allen, 34 at a forward operating base in Iraq.
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posted by The JAG Hunter @ 1/04/2007 01:02:00 PM
Why charge Marines with murder in war?"Charging a man with murder in this place is like handing out speeding tickets at the Indy 500."
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posted by The JAG Hunter @ 1/04/2007 12:52:00 PM
Delay in Reporter Subpoena in War Objector's TribunalWhy the US government would select two reporters out of many is unclear. The Army Times, owned by a giant corporation, Gannett, has reported that while they interviewed Watada, none of their reporters have been served.
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posted by The JAG Hunter @ 1/04/2007 09:23:00 AM
Army Times - Reporters don’t have to appear at Watada hearing However, they remain on the witness list for 1st Lt. Ehren Watada’s Feb. 5 court-martial, according to one of the reporter’s lawyer, David Greene.
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posted by The JAG Hunter @ 1/04/2007 01:13:00 AM
My sharp salute, respect, and gratitude to the ORB at ORBUSMAX!
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posted by The JAG Hunter @ 1/03/2007 12:49:00 PM
Fittingly, work product of a JAG priesthood...US soldiers ordered to lead "monastic life"...Part of the rules and prohibitions specified in the five-page guidelines stated that American service members cannot rent or operate a civilian passenger vehicle of any kind for personal use. They are also not allowed to hire, rent, operate, or ride any jet ski, boat, or two-wheeled motorized vehicle of any kind. They cannot ride buses, or vehicles not authorized or approved by authorities. They also cannot ride jeepneys.
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posted by The JAG Hunter @ 1/03/2007 12:03:00 PM
Navy Times - Ex-JAG tapped to lead Border Patrol task forcePuglisi spent four years on active duty as a member of the Navy’s Judge Advocate General Corps at Pearl Harbor, Hawaii, after law school. He handled the defense and prosecution of sailors and officers accused of “every kind of low-level felony you can think of” — most of them involving drugs — and even won an acquittal in a murder case.
JAG Hunter here: A commander skilled in the art of attainder.
This is great...just great!
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posted by The JAG Hunter @ 1/03/2007 11:51:00 AM
CANADIAN RAINMAKERGeneral Hugh Shelton Joins Board of Directors of Ceramic Protection CorporationCeramic Protection Corporation, headquartered in Calgary, Alberta, Canada...is an...certified manufacturer and distributor of advanced materials for use in the ballistic protection marketplace.
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posted by The JAG Hunter @ 1/03/2007 11:34:00 AM
FBI details its agents' documentation of possible mistreatment at Guantanamo Bay prisonPresident George W. Bush signed legislation in October that authorized aggressive interrogation tactics but did not define them. ACLU lawyer Jameel Jaffer said the documents showed that stricter congressional oversight was needed.
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posted by The JAG Hunter @ 1/02/2007 09:47:00 PM
Worth remembering, especially today. One outrage after the next! THIS MUST END!The Army vs. Spec. RichmondWhat fueled his frustration was a cache of confidential Army documents he had gotten his hands [one] that described how another soldier in Edward's brigade with the 1st Battalion, 27th Infantry Regiment, had shot and killed unarmed civilians. But Edward was the one who went to prison.
JAG Hunter here: Reprinted to remind!!
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posted by The JAG Hunter @ 1/02/2007 09:27:00 PM
Civilian Attorney Will Represent Soldier Accused of Killing Prisoners -- by Tommy Millsaps: Advocate and Democrat Newspapers
...the Americans troops conducting the Iron Triangle operation that eventually led to their charges were accompanied by Iraqi soldiers and had cameras on their helmets recording the events.
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posted by The JAG Hunter @ 1/02/2007 01:05:00 PM