Sgt Grit Marine Forums

Some feedback following submission of the Obama criminal complaint.

Marine Sergeant Ryan Weemer cleared of Iraq killing

~~~~~

Sgt Weemer's defence argued that prosecutors could not prove he killed
the unarmed captive because there were no bodies, no relatives complaining of
lost loved ones and no forensic evidence.

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JAG HUNTER HERE:

There were no bodies, no relatives, no lost loved ones and no forensic evidence in the cases brought against Marine Sergerant Lawrence Gordon Hutchins, III or Army Ranger, Staff Sergeant Raymond Lee Girouard!

But Sergeants Hutchins and Girouard are imprisoned at Fort Leaveanworth.

HERE ENDTH THE LESSON!

THE CHALLENGE STANDS!

Wednesday, 11 February 2009


From: Walter Francis Fitzpatrick, III

To: (1) United States Attorneys Russell Dedrick and Edward Schmutzer
Eastern District, Tennessee
Knoxville, Tennessee
Phone: 865.545.4167 Ext. 11708

(2) Special Agent-in-Charge Federal Bureau of Investigation and
Special Agents “Adam,” “K.T.,” and Steve Haughton
FBI Office Knoxville, Tennessee
Phone: 865.544.0751

Gentlemen:

Peacetime courts-martial are unconstitutional.

Pure in their practice of attainder, courts-martial are naked expressions of Executive Power and overreach. Peacetime courts-martial are nakedly criminal.

Two Sweetwater, Tennessee attainder courts-martial are ripe and actionable inside your law enforcement jurisdiction: (1) The Fitzpatrick case documented with this binder submission, and, (2) Army Ranger-Staff Sergeant Raymond L. Girouard’s attainder court-martial reported on The JAG HUNTER and JAGMIRE websites.

Naval Criminal Investigative Service Special Agent James H. Connolly’s criminal misconduct facilitates Justice Department investigative migration into Marine Sergeant Lawrence G. Hutchins, III attainder court-martial. Sgt. Hutchins’ case is reported with SSgt. Girouard’s on The JAG HUNTER and JAGMIRE websites.

An attainder court-martial is a disciplinary hearing wherein guilt is a living thing. Military governors—admirals and generals—order subordinate commanders to replace civilian judges and juries otherwise available. Attainder courts-martial are conducted in secret. Their records are accordingly secreted. Public demonstrations are little more than theatrical performances meant to distract and deflect public scrutiny. The real work of attainder courts-martial is done in the dark. Attainder courts-martial evade peacetime juries which are available and can be selected and seated normally.

Attainder courts-martial are characterized by and particularly remarkable because of events such as John Bitoff’s and Tim Zeller’s successful intimidation and coercion threatening a civilian with attainder court-martial to force his witness testimony.

Justice Department crime fighting activity naturally expands from these attainder courts-martial cases building energy as it publicly exposes, case by case, America’s military legacy of peacetime courts-martial.

That is, the military legacy of attainder!

This criminal complaint renews and extends all prior criminal complaints so far submitted by the undersigned.

I will not relent!

Here endth the lesson.

Beware the fury of the patient man,
/s/
Walter Francis Fitzpatrick, III
United States Navy, Retired


Distribution of this investigative work product is wide.

Copyright © The JAG HUNTER 2009

JAG HUNTER here (posting from the Sweetwater, Tennessee Library):

STEELE'S MARCH (PART II)

(PART I) - (PART III) - (PART IV) - (PART V with related links)

I wish to disabuse readers there was anything lawyerly, lawful, or moral regarding the IRON TRIANGLE series of courts-martial.

Ray Girouard, Ray's men and many others to include Marine Sergeant Lawrence Hutchins are imprisoned in Defense Department caves as innocent men.

To understand why, one must comprehend and appreciate the mind of Army General Courtney or "Court" Massengale.

Massengale is Anton Myrer's antagonist in the novel Once An Eagle.

Court Massengail is a very dark appellation spoken in low whispers in code throughout Pentagon corridors. The disparagement laconically and instantly identifies flag officers known to embrace Massengail's evil nature.

Massengail's is a severely practical and vicious mind. The power, design, dim and vague patterns found in all courts-martial are its sinister products.

To Massengail, Soldiers and Marines like Ray and Larry are no more than firewood--to be cut down, chopped up, stacked, then burned in sacrifice to flag officer careers and myriad Defense Department interests.

Michael Steele, Ray's commanding officer, entered Iraq with gloves off. Steele's command climate and battlefield antics in early 2006 renewed and darkly redefined the one-time motto: "An Army of ONE." As Steele's combat antics drew closer to public attention he became a frightening threat to the Massengails then officed in the Pentagon who perceived the potential of serious harm to BIG ARMY's image. Pete Chiarelli was particularly stressed.

Michael Steele was an overreaching, careless, and incompetent infantry combat commander. Movie star Steele will appreciate more than most the movie metaphor comparing Steele to the Nick Nolte character in The Thin Red Line.

Author Anton Myrer used Massengail to symbolize the abuses of the military discipline system whereupon men like Massengail are the predators, and soldiers like Ray Girouard become the prey. In the novel Massengail day-dreams--after promoting to four-star flag rank-- that his last name had been Marshall.

General Courtney Marshall.

General "Court" Marshall.

Coming to an understating regarding the personality and motives of emperors like Court Massengail is to completely appreciate why Ray Girouard is locked up at Fort Leavenworth this Christmas time.

When Michael Steele became a threat to the Army's public image he had to go!

BIG ARMY's "Steele dilemma" accelerated to warp-speed damage control status when Steele's standing order to "KILL ALL MILITARY AGE MALES" found its way to print journalists.

Brigade commander, movie star Steele was too high profile a personality to court-martial, so Ray's court-martial was used as the vehicle to obstruct and divert public attention. Ray and his men were courts-martialed in a subterfuge combat action, while behind the scenes, Steele was quietly stripped of his infantry brigade combat command, removed from the battlefield, removed from Iraq, now to be quietly ushered out of the Army.

Any number of combat actions could have been singled out, used as a cover-story to shield Mike Steele and Pete Chiarelli. But Ray and his men--unfortunately--won the Massengail lottery. Ray's name, like Hutchins in the Camp Pendleton Eight circumstance, was plucked from the hat with the pleasure, amusement, and relief men like Massengail experience with the infliction of wrongful suffering upon innocent subordinates.

Massengail's crimes against Ray and his men are crimes of passion ever after on display.

Massengail's guilty memory is recorded in the preliminary records leading up to Ray's bogus disciplinary hearing. We'll begin profiling "Massengail's memories" in Part III of this series.

HERE ENDTH THE LESSON!

Copyright © THE JAG HUNTER 2008

JAG HUNTER HERE (posting from the Sweetwater, Tennessee Library):

DO THE RIGHT THING!

Value not man-made law which Natural Law does not endorse!

Memo to Robert and Terry Pennington (son and father Pennington): DO THE RIGHT THING!

Come forward and tell the truth regarding the truth about the Camp Pendleton Eight.

Reports on these JAG HUNTER and JAGMIRE pages--and elsewhere--remain uncontested and are uncontestable.

The truth is known about the military disciplinary system and how it worked against the Pennington family (and so many other innocent families).

It's reported Terry Pennington and David Brahms recently engaged in argument. It's not hard to speculate on at least one point setting these two men afire.

Brahms with other federal agents sent the Pennington family packing on a guilt trip that grows more arduous as the days pass. Encouraged by brutes like David Brahms and James Connolly Terry and Robert are responsible for sending an innocent Marine to Fort Leavenworth.

Terry and Dave fought about the terrible weight Brahms put on their backs (and others) that eventually will crush all those under its burden.

Terry and Robert can shurg this burden and capture back what integrity and honor is left to the Pennington family name. Terry and Robert can see to it an innocent man is released from the DoD catacombs.

Report all you know regarding the diabolical agency that unites men like David Brahms, Alan Dershowitz, Anita Gorecki, Rich Brannon, Michael Steel. Tell us all you can about their cabal and community of interests. Explain to us how these reprobates make a living on your backs--and besmirch family names in the process!

Cast off the anchor. Give yourselves and other innocents one of the great gifts you have to offer in this season of giving.

Report the truth!

DO THE RIGHT THING!

HERE ENDTH THE LESSON!

Copyright © THE JAG HUNTER 2008

JAG HUNTER HERE:

Any practice of attainder is a criminal act. Those then who committ acts of attainder are--by extension--criminals.

Facts are stubborn things.

Source: The United States Constitution.

Here endth the lesson.

JAG HUNTER HERE: ATTAINDER'S THREE-PART TEST!

Defense Department policy makers embrace and publicly admit in published policy statements that the U.S. military courts-martial scheme violates the Constitution's ARTICLE I, Section 9, Clause 3 proscription against the crime of Attainder (the Bill of Attainder Clause).

The Constitution outlaws courts-martial!

The Constitution outlaws courts-martial because courts-martial are not courts (that is, federal courts holding trials under Article III) and moreover deny affected persons the constitutional protection of a jury.

In a series of significant Supreme Court cases listed below the High Court constructed a three-part test for attainder that lines up with military precision with published DOD policy.

As a matter of published DOD policy the courts-martial system meets the first Supreme Court test by requiring the affected persons be specifically named on a charge sheet that also gives their rank (Winthrop's Military Law and Precedents, p. 137).

Attainder test #2, as crafted by Supreme Court Justices, requires the affected person(s) experience punishment. DOD policy states that courts-martial sentences constitute criminal judgments. In fact, punishment is a function of military command. American courts-martial are defined as gatherings of persons under orders invested only with criminal punishment powers and authority (Winthrop's Military Law and Precedents, p. 400).

DOD's published policy admission that courts-martial are not a part of the judiciary, but rather an agency of the Executive Department (the President as Commander in Chief) fulfills completely the Supreme Court's thrid test for Attainder. That is, punishments carried out against affected persons are executed lacking a judicial trial (Winthrop's Military Law and Precedents, pgs. 49, 313).

In keeping with DOD's ATTAINDER POLICY is the total absence of outside (the military) review!

NO JUDICIAL APPEAL IS POSSIBLE!

Instead there is substituted ONLY AN EXECUTIVE APPEAL.

"As the [courts-martial] is an EXECUTIVE AGENCY, the appeal is to a superior EXECUTIVE AUTHORITY (the President as CINC). So [in the courts-martial scheme] an Accused has always [and only] an [EXECUTIVE] appeal from [attainder punishment] by courts-martial to the President, [or Defense Secretary,] who, in entertaining and determining such [EXECUTIVE] APPEAL, is assisted and advised by the TJAGS or their respective services (Winthrop's Military Law and Precedents, pgs. 50-54).

Significant Supreme Court cases

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810)
Cummings v. Missouri, 71 U.S. (4 Wall) 277 (1867)
United States v. Klein, 80 U.S. (13 Wall) 128 (1871)
United States v. Lovett, 328 U.S. 303 (1946)
United States v. Brown, 381 U.S. 437 (1965)
Nixon v. Administration of General Services, 433 U.S. 425 (1977)
Selective Service System v. Minnesota Publich Interest Research Group, 468 U.S. 84 (1984)

Here endth the lesson!

Copyright © The JAG HUNTER 2008

JAG HUNTER HERE:

It must be observed, correcting the report of the Advocate/Democrat, Steele's histrionics were delivered TEN DAYS BEFORE this unit deployed to Southwest Asia. This is a pre-deployment briefing, not an after-action hot wash-up.

Army Ranger, Staff Sergeant Raymond Girouard WAS in the auditorium audience.
Whether Steele's grunts and utterances conveyed unlawful orders is an open question. The details of Steel's command philosophy and junior/senior interactions are guarded as national secrets in the voluminous written record attendant to Steele's non-judicial punishment proceedings that took place months before Staff Sgt. Girouard and his men were courts-martialed.

ANITA GORECKI and ALAN DERSHOWITZ both knew the details of Steele's reprimand before the IRON TRIANGLE discipline ceremonies. GORECKI was Ray's privately retained defense counsel, DERSHOWITZ was Col. Steele's paid defense attorney.

None of this information was available in Ray's defense, nor in the defense of his men.

Testimony we heard regarding these matters was coerced!

U.S. ARMY Colonel Michael "BLACKHAWK DOWN" STEELE'S

RULES OF ENGAGEMENT BRIEFING!

COLONEL STEELE WAS RAY GIROUARD'S COMMANDING OFFICER DURING THE IRON TRIANGLE ASSAULT NEAR SAMARA, IRAQ.

THIS VIDEO EVIDENCE WAS UNLAWFULLY PROHIBITED FROM THE COURTS-MARTIAL OF ARMY RANGER/STAFF SERGEANT RAYMOND GIROUARD. GIROUARD AND HIS MEN STOOD UNARMED BEFORE THEIR INQUISITORS, UNABLE TO DEFEND THEMSELVES.

THIS VIDEO ROE BRIEFING COULD JUST AS WELL BE USED TO DEFEND MARINE SERGEANT LAWRENCE HUTCHINS.

AGAIN: THE UNIFORM CODE OF MILITARY JUSTICE IS A BILL OF ATTAINDER!!

Here endth the lesson.

POSTINGS FROM THE SWEETWATER LIBRARY

(Seventh in a series)

~~~~~~~~

Congressmen and commanders nowadays are like leaky diapers. They can't be trusted and must be frequently changed for the same reasons.

--The JAG HUNTER

~~~~~~~~

"--'can I call you Court?' she asked him. 'It sounds so--I don't know: so strong and savage. Ruthless, sort of, General Court..."

[Army General Courtney Massengale interrupted the movie starlet, finishing her sentence]

'Ah, but imagine if my last name had been Marshall.' "

--Anton Myrer in his military classic novel: ONCE AN EAGLE (1968)

~~~~~~~~

The military system can say this for itself: It knows what it wants, and it systematically goes in and gets it."

--John Henry Wigmore, dean of American evidence law and World War I JAG

~~~~~~~~

JAG HUNTER HERE WITH TIM HARRINGTON AND GEORGE REILLY:



Promising general courts-martial punishment and deep family embarrassment non-related accusations regarding sex crimes and aberrant personal behavior (real or invented) unscrupulous military detectives and JAGs forced false witness testimony to knowingly and illicitly imprison Sergeants Larry Hutchins, Ray Girouard, and other innocent men.

Sponsors in the sacrifice of our sergeants to the gods of political expediency Congressmen Jack Murtha, Bill Delahunt and John Duncan--in concert with the generals, the JAGs, and creep detectives--are furiously scrambling today to contain (with frantic hope to control) the unstoppable political firestorm about to explode in a stiffening wind.

Representatives Norm Dicks, Jay Inslee, and John Shadegg--standing upwind with burnt matches fallen at their feet--suffer the same worries.

But damage control is impossible, overtaken by unfolding events.

The word is out!

Detailed public disclosure regarding threats made against Brad Mason, Jason Graber, Corey Clagett, William Huntsacker, and Robert Pennington forcing these warriors to lie under oath are imminent.

OPPORTUNITY

Ironically it was the perceived threat of compromise and public disclosure that led us to where we find ourselves this day. Disgruntled troops shooting off their mouths combined with Iraqis angling for a hush-money payday panicked U.S. commanders and lawmakers by intimating they'd tell all regarding the true nature of urban street fighting and the rules of engagement (ROE) approved for use by U.S. infantry troops.

It became necessary for the congressmen and commanders to invent barefaced falsehoods to foist a valiant character on themselves. So those specific, but routine combat events about to come under a magnifying glass were declared "war crimes" and the Marines and soldiers involved dragged into courts-martial.

MOTIVE

The strongest argument to be advanced in protest to America's military adventures overseas is that congressmen and commanders are more than capable and willing to entomb innocent infantry soldiers and Marines to conceal from the folks at home the stark reality of urban, counter-insurgent war fighting against an enemy that refuses to wear a uniform.

Given our politically correct and incendiary society congressmen and commanders were unprepared and unable to survive the scorching scrutiny should the ROE for ground operations be revealed.

These command creeps didn't want you to know, for instance, what Marine Lieutenant Nathan Phan recognizes as every day, unremarkable routine combat events:

"We do what is necessary to get the job done" Phan writes. "I'm what they call a Paying Agent. It means I'm authorized to reimburse Iraqi civilians with U.S. government dollars as restitution in the event we damage their personal property or cause unnecessary grief. This tends to happen a lot. Not because we're a bunch of [vulgarity deleted] who like to blow things up, beat [or kill] women and children...[but because] What is necessary for us means unnecessary suffering for them. We conduct raids in the dead of night, kick families out of their homes and take over...we do this on a regular basis. This may seem harsh or even cruel, but it is absolutely necessary."

Make no mistake...Sergeants Hutchins and Girouard and their men faced general courts-martial for doing what is commonly considered "absolutely necessary." They did exactly as they were ordered!

Army Colonel Michael "Black Hawk Down" Steele exhorted his men to regard the enemy as faceless, immoral, and inhuman (what we know of Steele's "hoo-ah" speech comes from those very few people who've viewed a not yet released documentary titled: AN AMERICAN SOLDIER). Steel's men were ordered to kill all military aged males (MAMs) on sight during their IRON TRIANGLE operation assault on a terrorist training camp near Samara, Iraq. It was in the infantry's ROE!


But congressmen and commanders could not allow Lt. Phan's or Col. Steele's testimonies to be publicly voiced in defense of their sergeants and infantrymen. Military aristocrats, martial royalty toiled aggressively, tirelessly, and decisively to block ground commanders from repeating orders they'd given their men in the field.

Ergo: The need for the cover stories!

MEANS

"The military system can say this for itself: It knows what it wants and it systematically goes in and gets it!"

For the cover story plans to work command racketeers had to hang the sergeants (plausible deniability doncha know).

Since May 1951 the character of the court-martial is that of a psychological operation (PSYOP). It's simply an imposing tool in the ultimate expression of Executive will. Courts-martial--in their design, intent, and sublime operation--are the naked application of irresistible force.


The courts-martial PSYOPs process is forceful enough to make people lie about others and to lie about themselves.

Courts-martial PSYOPs prey upon the very weakest.

Flag officers--generally speaking--do not face courts-martial (pun intended!).

Unscrupulous military detective creeps and deceitful, dishonest JAGs are sanctioned, encouraged, and nowadays emboldened to commit despicable acts against our warriors, their families, and their extended communities.

Martial monsters--the JAGs and detective agents assigned by military royalty--exploit targets whose psychological complexions and makeups are marked by lower levels of maturity, sophistication, education, and intelligence.

Special agents like Jim Connolly (aggressively profiled on these JAG HUNTER pages regarding the Camp Pendleton Eight series of courts-martial) mentally torture our kids during interrogation sessions like those American POWs suffered during the Korean and Vietnam conflicts. Devious and sinister JAGs and special agents deprive those they accuse, their comrades, and their families of the freedom to speak the truth. Congressmen and commanders play with their constituents and men by inoculating them with false hope and extraordinary fear. These terrible people inject terror, suspicions of one another, doubts, and mistrust.

Men and women like Jim Connolly threatened obstruction in one Marine seeking U.S. citizenship.

Pernicious men and women like Jim Connolly threatened the kind of repercussions and violence attendant to accusations of pedophilia, child-porn, statuary rape (real or not in any case) that had nothing to do with the events in question.

Innuendo tore combat units and families apart. Mom and dads wondered if they knew their boy. Siblings wondered if they knew each other. Privates were forced to lie about their sergeants while the officers betrayed and lied about their men.

This is how the restructured courts-martial PSYOP works. It is the ultimate expression of Executive will. The will of the commander in chief.

The congressmen and commanders are more than willing to build and advance ghost stories about the lowly infantryman, to protect and shield themselves, and to keep secret from you--the American body politic--the orders being issued to men like Hutchins and Girouard.

Courts-martial PSYOPs facilitated martial injunctions guarding against disclosure or compromise of ground combat operations overseas.

Recent and alarming comments uttered by military politicos close more public cases are particularly clear and instructive explaining how courts-martial are so exceptionally useful in the exploitation of U.S. servicemen.

David Brahms, pointing at the congressmen, sardonically commented: "Who cares about these men?" Brahms continued: These soldiers and Marines are insignificant...no one can find where these men live on a map of the U.S."

John Kivlan flaunting his prior knowledge of conviction, and who later sat in the hearing room, told Sergeant Hutchins' parents that no one was going to uncover the corruption. Their son was going to a military prison innocent or not. Pay attention to the sentencing phase.

Jonathan Griswold, when petitioned to challenge Ray Girouard's court-martial (among others) declined in this candid response: "Who wants to take on the DOD?"

David Brahms is a retired one-star brigadier general and former Judge Advocate, Marines.

Kivlan is the staff attorney to Representative Bill Delahunt.

Griswold is the national security advisor to Congressman John Duncan.

It's worth noting that Brahms was the paid civilian defense counsel to Marine Lance Corporal Robert Pennington. Brahms was (and remains) a full participant in the travesties described above. David Brahms is to Lcpl. Pennington as Rich Brannon is to Sgt. Hutchins, as Anita Gorecki is to SSgt. Ray Girouard. Each of the defense attorneys robbed their clients, their families, and their communities by cooperating with and advancing the government's ghost cover stories.

The cover stories were easy to dismantle. Military detectives and unreliable witnesses and evidence were ripe for impeachment. Competent and concerned--honest and honorable defense teams and individual counselors could have extracted from the infantry COs information regarding the ROE and actual scheme of operations for the urban street war fight. Under defense questioning the infantry commanders could have narrated in intimate detail the routine nature of raid and ambush carried out in watch-bill rotation before and after those days in question. The COs could have discussed ROE orders to kill all MAMs, to patrol and engage any suspicious vehicle or structure. They could have revealed the existence of the high-value insurgents hit list and the deployment of "Hunter-Killer" teams to reduce the number of MAMs on that list, or to shoot on sight those insurgents found in the act of planting improvised explosive devices.

Cowardly lion commanders instead crafted and advanced elaborate "war crimes" cover stories pointing to their men as rogue soldiers or Marines gone off the reservation. The infantry COs dishonored themselves by providing cover for higher ranking officers and congressmen (the command racketeers). The commanding officers in monstrous acts of betrayal, turned their backs leaving their men for dead--buried alive in the DOD catacombs.

Corrupt and complicit defense teams colluded with each other and with the government abandoning our warriors in service to their own self-aggrandizement, self-promotion, and self interests.

Congressmen and commanders nowadays are like leaky diapers. They can't be trusted and must be frequently changed for the same reasons.

America does not plant the seed of democracy on foreign shores--in this Great Moral Enterprise--by burying innocent soldiers and Marines alive at home as political prisoners.

Congressmen and commanders fail to extend or extol the virtues of Freedom overseas by destroying the lives and homes of innocent people!

The children are watching!

As so many others are watching.

Here endth the lesson.

BEWARE THE FURY OF THE INNOCENT MAN!

Copyright © The JAG HUNTER 2008

“ROE” Rules of Endangerment:

The “new manipulated” guideline for the military leadership to abandon their men and women in uniform while maintaining their place in history.

Don and All:

As promised, I have taken the time to title and name these writings. Documents that have come into our possession are filling in all blanks bringing this entire masquerade into perspective.

These missing pieces of information uncovers the evidence that the Government and all defense councils were not allowed or it was decided that it could not be used in the defense of these Marines and Soldiers.

What is revealing in the most basic thoughts are within itself criminal acts. The purpose was to keep the truth of operations that was put into place away from the media and the American people. If Laurence Hutchins III, Sgt. U.S.M.C. is guilty of anything, he is guilty of telling the truth! We have the combat operations logs and memos of the real everyday life of true “Warriors. The biggest shame is that none of this information was allowed in these trials as provided by the Constitution of the United States on behalf of these Marines. The Constitution takes precedence over the UCMJ and sets the standard as ruled by the U.S. Supreme Court.

The misinformation that has been published by the main stream media and most especially Mr. Mark Walker of the North County Times concerning the Pendleton 8 in particular has set a new standard of entertainment. These folks want to keep the aura of so called “war crimes” going in order to sell themselves and their papers for self-aggrandizement. They know the truth! We also have documents and transcripts of these cases which these entities refused or were told that it could not be printed setting the stage to work with the government and NCIS, whether knowingly or unknowingly. Either way they were not competent to have taken on the task. Thereby their own involvement and writings have become part of the cover up.

Lt. Phan in the beginning of the “Ronin” diaries writes: “ My guy’s call me Ronin. I earned this call sign a while back during our work up in preparation for our deployment to Iraq. I guess the name signifies how stubborn I am some times or how I like to do things a little differently from the rest of my peers. Our Co. is Kilo Company 3rd Battalion 5th Marines, call sign Samurai. This is a memoir of my experience in Iraq shared with my guy’s, my boy’s, my Marines. This is our story.” We are willing to bet at this point in time that the Lieutenant could not ever have imagined the story of deceit and abandonment that would follow with the help of the media and the government has brought to them. From his writings one would think when given the chance to have honor and speak the truth that he would do so for the men who would have followed him off the edge of the earth in a moments notice. In hindsight, who could hold him responsible when his senior leadership abandoned him. It is with disbelief what was and wasn’t done in these courts- martial. The documents are the work product of the investigation by NCIS and were not allowed to come out in the defense of the very Marines that were being accused of “War Crimes” coincidence not possible. The true story and smoking gun of these documents are the exposition of a well orchestrated play and the work product by those who want to conceal what it takes for today’s warrior to meet mission standards and success with minimal risk to them in their environment. The press with its appetite for “war crimes” and news that works well in their environment as well as their bias of their opinion of war were the easiest tools for the government to use in order to keep these sanctioned activities quiet. All that was needed to convict and meet the press standards was to continue to give them “ meat”. It’s that easy in this one-sided black opp’s of secrecy. Thank God the media of today was not on scene or embedded during the second World War. Can you just imagine what would have been reported about the operations on Iwo and the hero’s and legends that make up the Corps history?

The release of information on the “JAG HUNTER” on Thursday speaks of the days and dates of this so-called incident and supposed crime. There is no crime when following orders. Lt. Phan’s own notes reveal how they had to set and execute an ambush. But more importantly, his combat ledger also reveals the order of the day that actually there had been an ongoing patrol from April 25th. In these “Frag” orders that are given prior to moving to the objectives are discussed and understood by the NCO’s in command of the patrols. This information and or notes would be in the Lt, Phan’s thumb drive and laptop. The documents that are quoted are derived from his daily diary that he maintained with meticulous detail. This brings me to the next point, The Co. CO. Capt. Correa. (Now Maj.)

This is what some would call the “BOSS”. Funny thing, he is some-ones “boss” but even he answers to and operates with orders from his “BOSS” which in turn goes up the chain of “COMMAND” and command answers to there perspective “BOSSES”. In the service there is a chain of command but most importantly a chain of “responsibility and accountability”. I will now add another quote from the “RONNIN” Diaries.

“Captain Corria, the commanding Officer of Kilo Company (my Boss) came out of the field earlier this morning. He only comes out of the field for his command and staff meetings with the B.C. (Battalion Commander) on Wednesday nights. I link up with them to get the latest updates on the [removed] and get the “FRAG” order (Fragmentary orders) before I head out tonight. We’re starting a new rotation, eight days out, four day’s back (It was six and three before) 1st platoon [removed] will stay out an extra day and 2nd platoon [removed] will get an extra day off. I wasn’t exactly thrilled about this, but my offer to relieve 1 was denied”

This is written to show why there was never a murder and why this has been done to these very men in uniform this for reasons of secrecy. Marines do not operate as an individual they operate as a team. This means no one has the rare moment to conduct an operation of this scale in the environment they were operating in with no one knowing where they were!!! One watches the other. These squads work together and operate on a daily basis under the leadership and the direction of the folks discussed above and have to work in this way for basic survival. This information comes from an unimpeachable source and shows this to be the standard on any mission.

Sgt Laurence Hutchins and his squad were sent out on this patrol to continue what has now been made public and known as hunter killer patrols or under Gen. Mattis “Combat Hunter Teams.” This ROE existed in real time to estimate its effectiveness long before the public relations officers from camp Pendleton ever released the information in Mark Walkers article of the North County Times direct from the Marines who were doing this OJT (On The Job Training) and following the orders given by their “BOSS”. While doing these missions (that had to exist for the forward movement of operations) they had targets that were called (HVI) “High Value Insurgents” and the mission statement was not just to capture but kill. Some PC folks will not like what is being written here. For those I would ask would you be willing to trade places? We think not!

The night of this combat action was no different from any that had been repeatedly done for months. What is different is that it has received media attention and the media demanded instant justice as has been their battle cry for months. Note also that Lt. Phan was what is called a “pay agent” This means when they entered houses in the middle of the night to commandeer for operations that if any damage or destruction of the premises or death, Lt. Phan had an open check book to pay for more secrecy along with a humble we’re sorry. Yes, pay for silence. Understand this is also routine procedure and was also part of the mission statements. Now, how many pay agents do you think exist in two country’s right now?

The reason we have had so much trouble with figuring out what went on from the investigation is that there never was an investigation. The so-called investigation was intimidation and stories plotted by once again NCIS with direction from Washington and the Secretary of the Navy. The DOD was directing this escapade with the expertise of a surgeon with full knowledge from 1600 Penn. Ave. The current administration with the help of Congressman Murtha prevented the truth from ever rising to the surface.

We can tell you first hand what it has been like to gain the ears of Senators and Congressmen on both sides of the isle. These current bantering’s by all three candidates for election to the highest office is also a charade. EVERYONE in Washington knows the truth but they do not know how to explain it.

So in closing some thoughts. Gen. Mattis made a statement in a private conversation that if we could prove an order was given or eluded too………. Then Larry should be set free.

Here is the answer: Laurence Hutchins III was given orders by his direct OIC (Officer in charge) Lt. Phan to go to this location for a HVI (High Value Insurgent). He was briefed with the frag orders given that night or prior to the description and orders to locate and kill a certain individual. Whether the right person was targeted is not the issue. The orders were given and they were followed by a good group of Marines who had done the same many times before. These documents speak for themselves. Will he stand by his AAR? I can’t speak for him. Sgt. Hutchins has been locked away now for almost eight months after his trial without discussion. We can tell you that we have spoken to folks who have talked to him and he has confirmed the information in the documents. The documents that we have been sent by a source that is impeachable and is written by the Governments own hand. I don’t think he will stand by his AAR (after action report). He no longer needs to be loyal to those who have most certainly been disloyal to him, either to Lt. Phan, the Corps or those running the Corps.

We started writing this information two days ago. We have been interrupted by news on a daily basis from many veterans who have read the truth.

To those Congressmen and folks in Washington, especially Mr. Delahunt, Mr. Kennedy and Mr. Kerry… you are all from this young Marines state; and, Mr. Delahunt is his representative in the 10th district. You have had your staff involved in the courts-martial and he has had personal knowledge of. what has been written several times. We have spoken to his staff and they all know what the truth is and have not moved forward on any of this information or held anyone accountable for wrongfully putting this young Marine in the political dungeon he now finds himself in. Politics are over he should be set free immediately.

I was asked last night by a family directly involved in this terrible instance of injustice. The question was.. Does it matter to me if we help to show the truth and it disgraces the Marine Corps.

My answer: We have been reminded several times over the last many months that we have all taken an oath. This includes those who serve in both houses. Our oaths like many others before and after me were also asked to swear to the Corps not to just protect the Constitution and what we stand for but also our duty to the Marine Corps. This is what we are doing with Marine Vets all over the country. This injustice does not represent the Marine Corps. The Marine Corps will carry on long after we are all gone. What it does represent is the disgrace of those in command positions. In the Corps, for those who have not had the pleasure of earning a title, an individual does not represent anything. If someone was to call you and individual while in uniform you knew you had been caught in the wrong and there was no answer for the proclamation. These individuals in command are directly responsible not only for what is uncovered through their mismanagement but are indirectly responsible for feeding those entities that are protesting all around the country. They have brought a shame that never should have existed in the first place when all that was needed was to tell the truth and stand up for the Marines in uniform and their families who support them and also make up the Marine Corps.

The leadership of the corps is just that and in it you have decent and indecent folks. At this particular time there seems to be some people who have committed some errors in judgment and in their actions you will find that it reflects on them and them only.

So, in ending, there is still time for honor. We know our fighting men and women have it and we know it lives and breathes well in the junior ranks. We wait to see what the leadership is made off and how far they are willing to go and how bad they are willing to disgrace the things they control. The Marine Corps will survive… too many stories of achievements; too many heroes past and present and in the future…this is the Marine Corps. Those at the top control there own destiny not the Corps.

There have been a number of petitions circulating that folks have sent around signed in Sgt. Hutchins behalf. We are sending ours:

To: Lt.Gen. Helland:

Now is the time to set Sgt. Larry Hutchins free. We know through Haditha and the investigating body involved in Hamdania that no crimes have or ever were committed. These marines are Marines following the history of the Corps and have followed the “ROE” to the letter that has been set in place by the CIC. The documentation that is being released into the hands of veterans around the country will become public property where at this time it belongs. It will show all that has been withheld in the defense of true Warriors that you and the politicians have sent to war. It shows the deceit and abandonment by their leadership at the highest levels and reveals to these young warriors that their enemy is not always in front of them. It lurks behind, masked as political correctness, and men running a military like a corporation. The two do not mix. You are all historians. These families and Marines and Soldiers have paid a dear price…once to leave for battle and once the battle you put upon them. Let Larry out. Restore his dignity and the pain that this has caused all the families and replace their entire honor by telling the truth and abiding by the truth. This needs to be done today.

These documents do show that the Emperor has no clothes!

Respectfully,
/s/
Tim Harrington

© Copyright The JAG HUNTER 2008

One of thousands of criminal complaints against command racketeers thus far ignored!

In production

Article 32: A Film Documentary

by

Don Sikorski

Recent comments and emails from former Marine Sergeant and friend Tim Harrington.

POSTINGS FROM THE SWEETWATER LIBRARY

(SECOND IN A SERIES)

(FIRST IN THE SERIES HERE)

"All that is necessary for the triumph of evil is that good men do nothing."

-Edmund Burke, Irish philosopher

~~~~~~~~~~

Army Staff Sergeant Ray Girouard and Marine Sergeant Larry Hutchins are innocent men until a jury says different!

~~~~~~~~~~

JAG HUNTER HERE: The Constitution forbids jury displays of patronage, preeminence, or position. Our foundation in law~the United States Constitution~outlaws a juror's self-promotion of power, passion, or promise of peril.

Courts-martial are not courts!

Jurors do not wear uniforms!

My first at-sea assignment after graduation from Annapolis was to the guided-missile cruiser USS STERRETT (CG-31) homeported out of San Diego, California. I know a little bit about the ship's namesake.

Twenty-one-year-old Lieutenant Andrew Sterrett commanded a gun-battery two-hundred-nine-years ago this date when his ship~USS CONSTELLATION~engaged the French 36-gun frigate L'INSURGENTE northeast the Caribbean island of Nevis.

Once the battle was joined Lt. Sterrett chased down a crewman who'd bolted from his battle-station in fright. Sterrett is quoted narrating the episode: "One fellow I was obliged to run through the body with my sword, and so put an end to a coward. You must not think this strange, for we would put a man to death for even looking pale on board this ship." (also see Ian Toll's magnificent and recent history: SIX FRIGATES, pgs. 114-118)

The United States Navy was an all-volunteer force on 9 February 1799.

Lt. Sterrett was the physical manisfestation of America's commander in chief (CINC) on CONSTELLATION's gun-deck as conveyed through Sterrett's commanding officer, Thomas Truxton.

One of Sterrett's duties, in keeping with the Roman-Britian tradition of martial discipline, was to ensure CONSTELLATION crewmen were more afraid of losing their lives at the hands of the CINC, Truxton, Sterrett, and the other ship's officers than those volunteers feared losing their lives by engaging the enemy in combat.

Lt. Sterrett killed the hapless gunners-mate to instill fear. Sterrett acted in Truxton's name, under the commander in chief's authority.

NO JUDGE! NO JURY!

Military discipline operates in the same fashion today as it did over two-centuries ago. The point of a court-martial ~like the point of Sterrett's sword~ is the promise of ritual injury and threats against life and liberty. Just as navy ships were crewed in the late-1700's, courts-martial nowadays are "crewed" by the commander's hand-picked representatives. Their duty, like Sterrett's, is to give physical expression to the will of the commander in chief...and to instill fear.

THERE ARE NO JUDGES! THERE ARE NO JURIES!

All military courts-martial participants are "present and accounted for" unders orders of the commander in chief (known to most of us as the president of the United States). Officers ordered to courts-martial duty find themselves in the same subservient, proxy connection to the CINC as Lt. Sterrett did on CONSTELLATION's gundeck.

Lt. Sterrett's stabbing death of his shipmate was as real an expression of the commander's will as courts-martial have ever been in purpose and intent.

When members of civilized society decide them "unnecessary" ~intolerable as function of time and circumstance~ enforced discipline such as Sterrett's impulsive impalement of a crewman are recognized as acts of murder.

When members of civilized society decide them "unnecessary," impulsive courts-martial, such as are the disciplinary hearings of Ray Girouard and Larry Hutchins, are recognized acts of attainder.

In civilized society ~when civilian criminal courts are open and available~ it's a jury's duty to decide what's necessary and what's unnecessary.

Courts-martial are savage, base, vulgar, and ferocious acts of a dictator no matter the form or process. Courts-martial are formidable manifestations of the rule of one man -- the president of the United States. Once undressed and undisguised we find courts-martial simply the summary judgments of the commander in chief.

The despicable, violent, extraordinary, and extraconstitutional power of attainder must not be vested in the CINC very often or for very long. The commander must be stripped of attainder power in that instant it's no longer necessary. And we are to watch closely what the commander does with attainder power (war power) when he holds it.

Ray Girouard and Larry Hutchins (and similiarly afflicted brethen) are innocents until a jury says different!

Courts-martial are not courts! There are no judges, no juries!

And juries don't wear uniforms.

Courts-martial are discontinuous and must be discontinued (see the First British Mutiny Act of 1689).

The president of the United States (the CINC) locked up Ray and Larry without a jury's knowledge or permission. Consequently, Ray and Larry are buried in military caves as political prisoners...victims of attainder.

Call the FBI to report these crimes. If you're an American citizen you have standing to advance the criminal complaint.

FBI Knoxville: 865.544.0751
FBI Boston: 617.742.5533

Sweetwater Mayor James Stutts: 423.337.6979

Representative John J. Duncan, Jr.: 865.523.3772

U.S. Senators Bob Corker: 865.637.4180
Lamar Alexander: 865.545.4253

If you know any of Ray or Larry's brethen similiarly oppressed, call your nearest FBI office and report the crimes!

Light up those switchboards!!

Here endth the lesson (for now).

BEWARE THE FURY OF THE PATIENT MAN!

©Copyright 2008 The JAG HUNTER

NOTE: Should JAG HUNTER readers be well-disposed to contribute a few bucks to Sweetwater's Library, here's the address:

SWEETWATER PUBLIC LIBRARY
210 MAYES AVENUE
SWEETWATER, TENNESSEE 37874

POSTINGS FROM THE SWEETWATER LIBRARY

(First in a series)

"Courts-martial are the places where juries go to die."

"America's Constitution outlaws courts-martial"

JAG HUNTER HERE (dateline Sweetwater, Tennessee):

Commanding officers once held courts-martial round an upturned drum to publicly inflict instant summary punishment against subordinates on charges alleged or suspected of offenses during military operations.

Military dictators are empowered to use DRUMHEAD COURTS as tools to simultaneously pronounce and carry out punishment replacing the judge and jury.

The modern day courts-martial of Army Staff Sergeant Raymond Girouard and Marine Corps Sergeant Lawrence Hutchins, their men, and others differed only in appearance, time, venue, and forum from drumhead courts. As in drumhead courts of olden days, only one man--acting as judge and jury--decided these men's fate wherein process and practice of preordained outcomes remained unchainged!

I sez Ray Girouard and Larry Hutchins (and all the others) are innocent men until A JURY--constitutionally constructed and recognized--sez different!

I'm making a stand here in Sweetwater in the hopes of setting up a line of resistance others can form upon (such as Larry Hutchins neighbors in Plymouth, Massachusetts). I seek to discover in the folks in my surrounding Norman Rockwell community are okay with burying men like Ray and Larry alive as political prisoners in congressional concentration camps populated by U.S. citizens worldwide WITHOUT A JURY'S PERMISSION!

I will relentlessly demand Ray and Larry and all the others be immediately released, restored, made whole, and allowed to return to their communities, homes, and families where they are respected and loved!

In this series of postings from the Sweetwater Library I will pull off the hood blinding everyday citizens regarding the scope and danger of American courts-martial operated by a military aristocracy Army Colonel David Hackworth accurately renamed the "military industrial congressional complex."

America's Constitution outlaws courts-martial!

Courts-martial are every part weapons of violence as tanks or ships! As much acts of violence as they are the scenes of violence--crime scenes in and of themselves.

Military governors are empowered to use courts-martial to punish enemeis of the state only under the most extreme set of circumstances. Courts-martial fulfill an extraordinarily special function in our nation's life that is measured in time, place, and operation in the most exceedingly narrow conditions (we'll consider these special circumstances, conditions, and functions as this series progresses). Courts-martial are supposed to be uncommonly rare. Precedents rendering courts-martial illicit are long-held and remain solid (found first in Britian's First Mutiny Act 3 April 1689).

Courts-martial are normally intolereble.

Courts-martial are to tools of dictators!

Courts-martial are used to instill and energize the rule of fear...that special brand of fear that forces men to fight for the king (er...I mean the president) against their will.

Courts-martial derive their force and authority through threat of military action! Not from our Constitution.

Again, America's Constitution outlaws courts-martial!

Yet still, Commander in Chief Bush pronounced Ray and Larry enemies of the United States (as the CINC ordered) and then ordered subordinate command racketeers to inflict terrible violence upon these men (as with so many others) making Ray and Larry, their families, friends, and communities suffer in liberty and life.

There were NO JUDGES, NO JURIES! Just Commander in Chief Bush acting directly against Ray and Larry in service to state reasons and clandestine political agendas.

This describes with precision the crime of ATTAINDER.

The Constitution outlaws ATTAINDER!

People who perpetrate the crime of ATTAINDER (courts-martial) on U.S. citizens are called...well...ah...they're called OUTLAWS!

And Federal Bureau of Investigation (FBI) special agents are invested with a special duty to arrest OUTLAWS committng the crime of ATTAINDER (courts-martial) on American citizens. Once arrested those accused of ATTAINDER (courts-martial) are subject to prosecution and conviction in civilian criminal courts (real courts were JURIES reside).

Honest. It's true...all true! You can read about here in the Sweetwater library.

Supreme Court justices declared and defined the crimes of courts-martial and ATTAINDER committed when "...a legislative act [think Articles of War, Uniform Code of Military Justice (UCMJ)] inflicts punishment without a judicial TRIAL (Cummings v. Missouri 1857). The words "courts-martial" and ATTAINDER are synonyms--completely interchangeable--defined identically!

Long observed and known to all commanding officers, "A court-martial is no part of the JUDICIARY of the nation...'[A court-martial] is indeed a creature of orders...Not belonging to the judicial branch of Government (sic), it follows that courts-martial must pertain to the executive department; and [courts-martial] are simply instumentalities of the executive power!" (William Winthrop in his classic tome on the subject: Military Law and Precedents--1896) (Emphasis mostly mine)

Applying the simple legislative history it's clear each courts-martial are the product of congressional legislation ("a legislative act") which inflicts punishment (a function of military command) without a judicial trial (where juries normally sit and examine the governments theory and evidence of an alleged criminal act).

Courts-martial are the places where juries go to die!

I reminded Sweetwater Mayor--James Stutts--of all this during our ninety minute meeting at City Hall this past Wednesday. After our discussion Mayor Stutts returned to his "full-time" job as McMinn County assistant district attorney.

Indulge my gentle suggestion that shrewd and clever command racketeers are laughing up their sleeves at my Sweetwater neighbors (and Larry's neighbors in Plymouth) shamefully comfortable in what America's military aristocracy views as a combination of disinterest and invincible ignorance.

The collection of command royalty considers itself unassailable from attack from what they think is a discredited minority. Don't you understand? Senior commanders think regular folks like us aren't nearly sophisiticated and enlightened enough to comprehend and understand what command racketeers know is best.

Military governors say to us...Citizens...do you understand? Using the Articles of War (UCMJ) is a better than use of constitutionally constructed trials to find accused criminals guilty or innocent.

Professional command criminals see residents of Sweetwater and Plymouth as nothing if not lowly groupings of people--political nullities--incapable of recognizing the UCMJ as a "military code of greater age and dignity and of a more elevated tone than [the Constitution]...which by [the liberty experienced absent a jury] enjoys a freedom from the technical forms and obstructive habits [of a jury] that embarrass and delay the operations of civilian criminal courts." (William Winthrop - Military Laws and Precedents)

Army generals rely upon a combination of community ignorance and indifference granting them silent permission to steal pay and benefits, making guys like Ray and Larry suffer in liberty and life without the inspection, scrutiny, careful consideration, and permission of A JURY!

So far as I can tell these career criminals (the admirals and generals) sleep well at night daily assured and reinforced in their notions that they're right in their estimations of folks like you reading this posting from the Sweetwater Library. Flag rank officers think nobody really cares enough that men like Ray and Larry are kidnapped and held in dark, cold, military enclaves as innocent men.

I'm encouraged to contemplate--by way of your energentic, unrelenting, and overwhelming response (community outrage)--your upending the misplaced confidence of the command racketeers.

Light up the switchboards (some phone numbers supplied below). Emails and letters don't work. Call, then call again...then call again...and keep calling! Demand Ray and Larry (and all the others) be released and restored immediately.

If command racketeers still believe they have a case against anyone one of these people...well fine...let 'em walk it into a real federal courtroom where a real jury can take government allegations under consideration.

Ray and Larry are innocent men!

I know you won't let them down. Please start the phones ringing.

Here endth this lesson (more to follow)

BEWARE THE FURY OF THE PATIENT MAN!!

___________________________________________

PHONE NUMBERS:

FBI Knoxville Division: 865.544.0751
FBI Boston: 617.742.5533

Sweetwater Mayor James Stutts: 423.337.6979

Representative John J. Duncan, Jr.: 865.523.3772

U.S. Senators -

Bob Corker: 865.637.4180
Lamar Alexander: 865.545.4243

_________________________________________

NOTE:

Should JAG HUNTER readers be well-disposed to contribute a few bucks to Sweetwater's Library, here's the address:

SWEETWATER PUBLIC LIBRARY

210 MAYES AVENUE

SWEETWATER, TENNESSEE 37874

Here my sincere expression of appreciation and gratitude to the nicest and most professional library staff anywhere.

©Copyright 2008 - The JAG HUNTER

Hamdania Update:
Cpl Magincalda Acquitted of Murder and Kidnapping, Convicted of Conspiracy

CAMP PENDLETON 8:
The Documentary

Article 32: Rules of Engagement (The trailer)

by Don Sikorski

ARTICLE 32 WEB SITE

CAMP PENDLETON EIGHT UPDATE
(and Happy Birthday to Army Ranger, Staff Sergeant Raymoun Girouard!!)

Trial starts Monday - Wicked Local Plymouth - News

"...the government was unable to prove the victim’s identity and could not even use his name in the closing stages of the trial," Harrington said.

Harrington is part of a group of former Marines who believe that flaws in the military justice system allowed investigators to manipulate the probe into the killing.

JAG HUNTER HERE:

Reporter Rich Harbert only scratches the surface regarding what JAG HUNTER Tim Harrington disclosed.

Tim has worked relentlessly on the side of U.S. Marines in their running gun-battle with the Naval Criminal Investigative Service (NCIS).

NCIS SPECIAL AGENT JAMES H. CONNOLLY IS NAMED HERE, ONCE MORE, AS A PARTICIPATING FELON IN THIS AND OTHER CONTEMPORANEOUS LONG-RUNNING CRIMINAL BUSINESS.

CONNOLLY REMAINS UNDER A TWO-YEAR OLD FEDERAL CRIMINAL COMPLAINT FOR ATTEMPTED INTIMIDATION, AND COMMUNICATING THREATS OF PHYSICAL HARM (WITH OTHER NCIS HENCHMEN), IN A STRONG-ARM ATTEMPT TO PROTECT THE WELL-KNOWN MILITARY PRACTICE OF COERCING CONFESSIONS FROM INNOCENTS. THIS THE VERY SAME POLICY CONNOLLY EMPLOYS AGAINST THE CAMP PENDLETON EIGHT.

CONNOLLY, lead investigator in the Camp Pendleton Eight cases, rigged the evidence (with his NCIS playmates) as a matter of accepted NCIS procedure. Proofs of NCIS outlawry have become as ubiquitous as they are now in public view in the war the NCIS is waging against our young Marines in service to political expedient.

Attorney John Kivlin, staffer to Congressman William Delahunt (Sgt. Hutchins' representative), said to Sergeant Harrington that although, "no man should be charged with the crime of murder in combat," still admits that Sgt. Hutchins is pronounced guilty before his court-martial ceremony, with only the length of imprisonment left to determine.

Folks, among so many others, such as Kivlin, Delahunt, Congressmen Norman D. Dicks, John Shadegg, Duncan Hunter, John Duncan, Jay Inslee, Walter B. Jones all know the military discipline is badly broken (as reported out by the COX COMMISSION in May 2001). So do Senators Ted Kennedy, Patty Murray, Maria Cantwell, John McCain, Jon Kyl, and John Kerry know the fix is in.

The complicity of most media outlets, those using Marines to profile liberal press political agendas, is outrageous.

Physical evidence in the CP8 nightmare is a hash, every bit of it manufactured, none of it able to survive scrutiny outside the military establishment. It's reported to Tim Harrington by individuals tied to the CP8 case, for instance, that photographs of "the body" produced in last week's Trent Thomas general court-martial are different from those used to coerce plea deals from the other four Marines and Navy Corpsman.

HERE ENDTH THE LESSON.

BEWARE THE FURY OF THE PATIENT MAN!

Lootenant Culpepper’s Defense

“The [court-martial] went off all right with all the precision of a well drilled cast doing a well rehearsed play, the [court-martial] looked fine, up to the very last minute. The three witnesses told their stories clearly and simply, as if quoting their typescript statements from memory; their stories all jibed. The prosecutor explained with incontestable lucidity the infractions of the [Uniform Code of Military Justice] that had been committed and the penalty required by the [UCMJ] that had been committed and the penalty required by the [UCMJ] for such infractions…Everything looked rosy, everything was according to Hoyle. Then, at the last moment, with a sort of abortive outrage against destiny, Lt. Culpepper suddenly entered a furious plea of guilty and appeal for clemency on the grounds that all good soldiers were drunkards...

The accused could gladly have shot him...”

-James Jones

From Here to Eternity (1951)

____________________________________________________

I call it the “Lootenant” Culpepper’s defense, that is—no defense at all—because all accused military men are guilty doncha know. In America’s military courts-martial system “it is absolutely legally impossible to get…an acquittal.”

Those familiar with James Jones’ novel know that Culpepper’s client, Army Private Robert E. Lee Prewitt, was an innocent man.

Not that it made much difference.

Last January I was amongst a group of military folk closely watching the Ray Girouard case anticipating Ray was going to be coming home to Sweetwater, Tennessee after Girouard’s March general court-martial.

Ray is, after all, an innocent man.

Not that it makes much difference.

The columns in Ray’s defense were as numerous as they were strong and reliable proving Ray blameless. Tidbits of information—a glimpse here, a dissembling there—one built upon the next supporting the belief Ray’s release from shackles was eminent.

Witnesses against Ray had clearly impeached themselves by way of perjury encouraged by over-aggressive, predatory, outlaw Army prosecutors. Word had gotten out that Ray’s commanding officer, Colonel Michael Steele, had already been administratively reprimanded—fully responsible for the events of that day—begging the question why Ray hadn’t already been released outright. Then television news reporter Demetria Kalodimos discovered the existence of Colonel Steele’s pre-combat “hoo-ah” speech captured in a new film documentary.

Then ex-Army JAG Anita Gorecki had her “come-to-Jesus” meeting with Alan Dershowitz and everything went dark. Suddenly Ray found himself on a fast track leading directly to Fort Leavenworth.

Ex-Army JAG Gorecki, it turns out, is as much a traitor as she’s a less successful seductress.

Gorecki, influenced by the infamous Alan Dershowitz, added Ray Girouard’s general court-martial to a long list of rigged courts-martial (many publicly reported on these JAG Hunter pages, military ceremonies all, acts of attainder every one) that put Staff Sergeant Raymond Girouard in the dungeon at Fort Leavenworth, Kansas.

Anita Gorecki was paid 28 thousand dollars to present the plain view defense that was available to free Ray Girouard. Community leaders in Ray’s hometown of Sweetwater, Tennessee fought hard to raise and then pay Anita Gorecki the $28k to bring Ray home.

Gorecki stole that money instead and sent Ray, an innocent man, to America’s martial catacombs.

Gorecki met with Alan Dershowitz in February 2007. The two of them brokered a deal to protect senior Army commanders from exposure and embarrassment. Readers need know little more than that Ray Girouard’s commanding officer, Colonel Michael Steele (of Black Hawk Down fame), was found fully accountable and administratively punished for something (we’re not exactly sure what, thanks to Gorecki and Dershowitz) that occurred in the same operation for which Steele’s men, including Girouard, faced court-martial.

Gorecki won a motion to force Col. Steele’s public testimony. Suspicions regarding Gorecki’s true loyalties erupted when Gorecki voluntarily declined to call Steele to the witness stand only after Gorecki met with Alan Dershowitz, and without Gorecki supplying any truthful explanation.

Anita Gorecki was paid cash money to dissolve the Army’s myth that formed the basis for false accusations thrown at Ray Girouard. I’m speaking about the perjury suborned under duress voiced by soldiers Graber, Huntsaker, and Clagett. One learns in lawyer’s school, in the “DEFENSE 101” class, that a case based upon lies, once its foundation is washed away, is a case where the accused gets to go home a free man (fruit of the poised tree stuff).

Instead, ex-Army JAG Gorecki worked aggressively to Ray’s demise making good use of Lootenant Culpepper’s defense—that is, no defense at all.

It’s one thing to inform a client the other side is ready to deal. It’s altogether another matter to aggressively push for a client to accept an offer. Gorecki’s duplicity is most dramatically betrayed by her begging Ray to take a take a deal that wasn’t even yet on the table.

Gorecki freely admits, almost to the point of blustering boast, she employed her womanly ways to seduce Ray (at the time a man who’d already suffered forced celibacy for over a half-year) to cave under extraordinary government pressures. Anita acted out with her self-admitted overly emotional assault on Ray’s psyche. Crying tears profuse enough to drown rats, Gorecki flipped through pictures of Ray’s wife, and Ray’s son Hunter. Anita cried Ray a river assuring Ray would never see his family again unless Ray took a deal.

Forty years (40 YEARS!) in a military cave was what Captain Fischbach offered first.

When Ray bravely told Gorecki (Dershowitz) and Fischbach to go to hell, Gorecki (Dershowitz) contumaciously tossed Ray and Ray's solid defense on the trash heap.

As vividly exampled above Gorecki refused to call Col. Michael Steele to the witness stand. Gorecki further refused to subpoena a film central to profiling the command climate Ray served under, "I Am an American Soldier: One Year in Iraq with the 101st Airborne, a documentary directed by John Laurence. In the film Col. Steele waves a World Trade Center flag to rouse men such as Staff Sergeant Girouard and Girouard’s subordinates (Grabber, Huntsaker, and Clagett) before a combat engagement, inciting those men to fight…later celebrating their battlefield performance.

In the days leading up to the court-martial ex-Army JAG Gorecki limited information, completely cut off communication between court-martial participants and those closely following its progress. Fischbach’s team reinforced this unofficial cloaked gag order. No one was to talk to anybody.

A group of three or four men barged into the Ms. Joy Girouard-Oakes military motel room at 2:00 a.m. just hours before Joy was scheduled to testify on Ray’s behalf. Joy’s frightened response quickly forced the group’s retreat. Alerting the front desk of the break-in, the front desk employee expressed surprise that Joy was still in the room.

The clerk explained that witness coordinator, Ms. Cheryl Young, called the front desk earlier—prompted by someone on Fischbach’s JAG team—that Ms. Girouard-Oakes’ room was empty and available for new occupancy. Captain Jerry Dugan, it turns out, directed Ms. Young to call motel management giving a green light to rent what Dugan and Young represented was an empty room.

Dugan was working for Fischbach.

Joy expressed her outrage to Gorecki hours later, before Ray’s court-martial reconvened, in a corridor outside the hearing room. Captain Dugan, overhearing Joy’s animated complaint approached with a smirk on his face punctuating his uninvited question, “How’d you sleep last night?”

This tactic is described in the law books as witness intimidation and it’s a crime. Consequently, because of actions reported here (combined with many others) Army JAGs Fischbach and Dugan are described as criminals.

Gorecki was unconcerned. “No big deal,” ex-Army JAG Gorecki said. “Let it go…forget it.” Whether Gorecki knew about or encouraged Fischbach and Dugan’s witness intimidation beforehand is unknown.

Gorecki sloughed off another report of witness intimidation. Ray’s advocate (defender), Anita Gorecki accepted the government’s explanation there were not enough vehicles to transport Ray Girouard, Huntsaker, and Clagett to prevent their talking to (influencing) each other. Huntsaker and Clagett, of course, worked hard on Ray in their importunities for Ray to take the government’s “deal.”

Gorecki, again, didn’t think a second example of intimidation and coercion of Ray meretricious (as Gorecki would know). Why would she? Gorecki had tired herself to seduce Ray into taking a plea agreement and failed (hence, a scorned, rejected woman).

One more item about Anita Gorecki: Anita’s husband, an Army officer wearing a Ranger tab, once served under Michael Steele’s command. Anita did not disclose her personal connection to Steele while money was being collected to pay Gorecki’s legal fees. Not until the court-martial hearing officer and Captain Fischbach announced the news during the court-martial was it publicly revealed Anita’s husband and Steele had once enjoyed a senior/subordinate command relationship.

Questions are swirling now about how Anita Gorecki introduced herself to Ray’s defense, and how it was she was to low-ball any other civilian attorney. From all appearances, Anita invited herself to this dance.

About to join Ray is Marine Sergeant Lawrence Hutchins, III (taking for granted nothing reported on these JAG Hunter pages will be effective in time).

Consistencies between Ray’s court-martial just completed and Larry Hutchins’, about to begin, and the consistencies between those military discipline hearings to the many others profiled at The JAG Hunter and JAGMIRE makes clear that what one man can hide, another can uncover.

Congressman William Delahunt (D–10^th MA) asked his counsel, Atty. John P. Kivlan, to act on Delahunt’s behalf to gather evidence in support of Sgt. Hutchins’ innocence. Regrettably (working for Delahunt) attorney Kivlan introduced Alan Dershowitz to Richard Brannon (Hutchins’ lead defense counsel). Now that Dershowitz and Brannon are good friends, Marine Sgt. Larry Hutchins finds himself defenseless and on a fast track to join Ray Girouard at Ft. Leavenworth.

Kivlan informs us (in a conversation with Tim Harrington) that students matriculated by Alan Dershowitz are perfecting Lootenant Culpepper’s defense (no defense at all) in the looming court-martial of Marne Sgt. Larry Hutchins.

During a recent phone conversation between Lawrence (father) and Kathie (mother), parents to Sgt. Hutchins, John Kivlan implied heir son was going to prison. All that was left to do was to determine for how long. Moreover, in a separate conversation, Kivlan explained further to Tim Harrington that he (Kivlan, with other staffers nodding heads north and south in agreement) knew the courts-martial system was crooked, but couldn’t be repaired in time to save Marine Sgt. Hutchins.

All this while, right there and in plain view, there exist clear and rock solid reasons to release Marine Sgt. Hutchins immediately.

I’ve embraced the teachings of W. Edward W. Deming for many years, especially his emphasis upon the business practice regarding trend analysis. Watching trends is also aggressively advocated as a best practice in the engineering disciplines.

It is significant then to recognize in the study of military discipline the anomaly (the outlying discrepant practice) is when advocates employed to defend a military member actually put up a fight protesting their client’s innocence.

For anyone keeping any sort of score card I’d like to observe:

Ray Girouard is an Army Ranger,

Larry Hutchins is a Marine from a family proudly steeped in Marine Corps service,

Alan Dershowitz is an ogre,

Lootenant Culpepper, er…I mean Rich Brannon is a bastard, and

Anita Gorecki is ah…well, a monster.

With that I offer this gentle suggestion that attorneys are feeding upon America from within, and that we’ve got the wrong people in our prisons.

Here endth the lesson.

Copyright © 2007: The JAG Hunter