Walter Francis Fitzpatrick, III

Wednesday, 8 August 2007

Attorney General Alberto Gonzales
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001

Attorney General Gonzales:

Military commanders and their confederates are engaged in the widespread criminal offense of Attainder overarching command racketeering unbounded in scope and time. My criminal complaint of military outlawry demands that you, as the nation’s top law enforcement officer, arrest this illicit business and its perpetrators instantly.

Fully aware you’ll do nothing unless the forcing function of public outrage increases pressure, my purpose here is as much to incite fury and rage as it is to demand arrests and prosecutions. I’m confident in my ability to inform my fellow citizens that military governors, contumacious commanders—generals, admirals, senators, and representatives—have with treachery and intent seized the power of the citizen jury.

Attainment of Marine Sergeant Lawrence Hutchins, III and Army Ranger Staff Sergeant Raymond Girouard supplies oxygen to the tinder-dry imaginations of a weary populace that I—with fellow military personnel, their families and communities—intend to ignite with the suddenness of a thunderstorm lightening strike in dry prairie-grass.

This wildfire burst will occur as the imaginings of ordinary citizens and stand-up Marines are transformed into reality watching, shocked and astonished, while their innocent sons and comrades are locked up in military dungeons by dishonored leaders acting directly against the Constitution and our young servicemen without a jury’s permission.

Military marshals and federal legislators are strictly forbidden by constitutional command from seizing jury power, replacing it with Attainder power. Lieutenant Generals Michael D. Maples and Tom Turner, Major General Jeffrey Schloesser (all Army) and James Mattis (USMC), for instance, are proscribed from directly disciplining Americans for criminal conduct (real or perceived) unless a civilian, citizen jury first gives its permission. Federal legislators such as Representatives Bill Delahunt, Norm Dicks, John Shadegg, and John Duncan aid and abet this ubiquitous and clear crime of Attainder.

Do not dismiss or diminish this criminal complaint as novitiate work product. Do not ignore this writing or regard it in diminution. The polemic is not a new one. It’s a debate running the nation’s entire history, aggressively complained about alike in literature and professional writings. Summary martial murder is Herman Melville’s 19^th century tale in the novella Billy Budd (based upon factual reports regarding the “Strange Affair of the Warship Somers”) with additional examination of military discipline in a longer narrative, White Jacket. James Fenimore Cooper joined Melville in railing publicly against the 1842 execution-murder aboard USS Somers.

Army Judge Advocate General (or TJAG) Samuel Ansell (post World War I, 1917 – 1920) raised constitutional challenges against Attainder but was simply pushed aside, nowadays reduced to an ancient historical footnote. Reaction and revulsion to the draconian outrages visited upon citizen-soldiers-sailors and Marines during World War II resulted in renaming the Article of War as the Uniform Code of Military Justice. Murder at the hands of military leaders was William Branford’s topic in his 1954 tome, The Execution of Private Slovik (later a made for T.V. movie (1974)). Abuses visited upon American citizens during WWII supply prominent subtexts to novels of James Jones’ (From Here to Eternity) and Anton Myrer’s (Once An Eagle).

Little else besides a name changed with enactment of the UCMJ. Military commanders betrayed the trust vested in them by continuing terrible treatment they’d been caught before in the abuse of regular folks called into military service. Attainder and command racketeering were retained as Defense Department fixtures throughout the Korean and Vietnam conflicts while members of Congress turned blind eyes.

After Vietnam (1975 - 1980), Albert Fletcher, Jr. sitting on the U.S. Court of Military Appeals (or COMA) worked aggressively to “civilianize” the military discipline system in revulsion to one he (but very few Congressman) recognized as still not reconciled with the Constitution. Fletcher lost his federal position as a result. Meanwhile the service TJAGs, with full backing from DoD officials, very nearly disestablished Fletcher’s outfit altogether so as to prevent the possibility of any future “COMA revolts.”

And yet, for all of this, Military royalty is more powerful today, due to its criminal ingenuity, than British military governors during our pre-Revolution history. “The United States military…has its own [court-martial] system, its own trial procedures, its own judges, its own [command review process], even its own prisons and police.” Martial government has evolved into an illicit, corrosive, government within our constitutional government; the enemy within—an alien!

M. Night Shyamalan conjures a frightening visual image of our military’s specialized, secret society and unconstitutional government in his stylized movie drama, The Village. In the real world, America’s tight-knit Mafia-like command controlled community lives in mortal fear of oppressive evil manifested by the beast lurking and hovering just outside the compound fence (think Naval Criminal Investigation Service, Army Criminal Investigative Division, Air Force Office of Special Investigations, Coast Guard Investigative Service, and the DoD Criminal Investigation Service). As frightening is NCIS’ insinuation into local civilian community law enforcement. (Note: Begun as the Office of Naval Intelligence, or ONI, the organization has been renamed twice since its origination. First to Naval Investigative Service, then, after the tail hook scandal, to the NCIS)

Professional, internal condemnations, such as the finding of the 2001 Cox Commission, are as profound as they are disturbing if for no other reason than their full exposure of disinterested and disconnected federal legislators. Representatives and senators who’ve abrogated oversight duties to command racketeers and village beasts (NCIS, Army CID, AFOSI, CGIS, and DCIS) regarding the scope and operation of military discipline.

In assigning failing grades in its performance audit, the Cox Commission envisioned precisely the contemporaneous NCIS crime spree battle raging before our very eyes regarding the NCIS vs. our U.S. Marines. Congressmen, ignoring the Cox Commission importunity, have turned instead against our Marines (and soldiers and sailors). With laser-beam focus I point directly to federal lawmakers like John Murtha, Bill Delahunt, John Shadegg, John Duncan, Dave Reichert, Jay Inslee, and Norm Dicks.

This is not the place to rehash the litany of criminal offenses military leaders and federal legislators are committing (have committed) against our young men and women subsumed beneath the overarching crime of Attainder. My personal experiences and extensive criminal complaints (numbering in the thousands over nearly twenty-years) are well known to various federal law enforcement agencies to include the FBI. Those complaints, each and every one, are extended and renewed here again.

For the “CP8 families,” Kathi & Larry Hutchins, Aunt Betty, Glenda Ewing, Sarah Leonard, Edward Richmond, Darryl Sharratt, Bonnie & Alan Cleveland, Pastor Orr, Tim & Mary Harrington, Ilario & Merry Pantano, and to the folks in communities like Plymouth, MA, Sweetwater, TN, Granger, IN, and Canonsburg, PA; to these people and all others, it was never meant, nor should it be allowed to continue that military leaders wield such extraordinary, extra-constitutional war power while federal and state courts are open and accessible. Remedy and relief must be afforded instantly to those so far trampled asunder while reform and reconciliation with the Constitution is begun.

So, town-hall meetings are completely appropriate and necessary. Criminal complaints filed with the FBI are as appropriate given the background and context of crimes committed by NCIS Special Agent James H. Connolly in the Camp Pendleton Eight series of courts-martial (all cases void).

The same is appropriate regarding the nearly two-decade old Navy-NCIS crime spree and illicit conduct of Navy Rear Admiral John Bitoff, Captain of Marines “Andy” Anderson, and Navy Commander Tim Zeller (in the forgery of my name), and JAG Zeller’s recent admission that military court-martial ceremonies are rigged as a matter of standard operating procedure.

The same is appropriate regarding the recent outrages stemming from SSgt. Ray Girouard’s court-martial, and companion military ceremonies (all void). Neither Lt. Gen. Tom Turner nor Maj. Gen. Jeff Schloesser are allowed to directly punish U.S. citizens (acting under unconstitutional specialized, secret military government) replacing their “judgment” in substitution for the permission of a constitutionally recognized and formed, independent civilian citizen jury.

I’m confident other criminal complaints (and political activism) follow from agitated family members holding standing in those abuses now widely reported and those about to be reported.

Alexander Hamilton is quoted: “If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be, an inviolable respect for the Constitution and Laws—the first growing out of the last... A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.”

Your duty, Mr. Attorney General Gonzales is clear.

Here endth the lesson.

Beware the fury of the patient man,

/s/Walter Francis Fitzpatrick, III

Cc: FBI Special Agents Robert Clifford, Andy Farabow, Danny Barclay, Patrick Gann, Stephanie P. Gleason, FBI offices in Boston, MA, Seattle WA, Charlotte, NC, Oklahoma City, OK, Chicago, IL, Knoxville, TN, Phoenix, AZ. To: Messrs. Edward T. Pound, and Seymour Hersh, wide press distribution, and widely distributed to families, friends, and Marines!