I KNOW HOW THIS HAPPENED...IT'S CALLED AN ATTAINDER COURT-MARTIAL

Joan Swirsky writes about Army Lieutenant Michael Behenna

There are those who believe that Michael was “sacrificed” for political reasons. Is it possible that the motive for failing to provide the exculpatory information had anything to do with our military’s desire to be able to tell the Iraqi government that they had convicted an officer, the better to actualize some kind of quid pro quo arrangement or smooth over some ruffled feathers?

BEWARE: ANITA GORECKI (a.k.a. LOOTENANT CULPEPPER) "DEFENDS" ANOTHER SOLDIER

Army Sergeant Justin Boyle of Rocky Point, N.Y faces court-martial in death of comrade

ELEMENDORF AIR FORCE BASE ATTAINDER COURT-MARTIAL

"Airman First Class Scott Boie of Milton, Wisconsin is being charged on 4 counts, including causing the death of the unborn child his wife was carrying."

JAG HUNTER here:

MEMO TO ABC AND REPORTER BRIAN MALONE

Courts- martial are not courts!

Calling a courts-martial hearing officer a "judge" is like calling PUNXSUTAWNEY PHIL a weather man.

HERE ENDTH THE LESSON!

UPDATE HERE

Marine LtCol Chessani Wins Another Round!

MILITARY: Court refuses to reconsider Chessani ruling

Haditha prosecution continues to stymie Marine Corps

Rape-murder accused wanted 'to kill all Iraqis'

Steven Green 'bragged about deed'

Sergeant Brian Foster's nightmare

This email from Marine Sergeant Brian Foster:

"Thanks to all for your support. I spent time with Hutch in Camp Pendleton when I went back for a DuBay hearing on my case. I got him settled in once he got to the U.S. Disciplinary Barracks, Fort Leavenworth, KS. He is a good guy. It's unfortunate that the government always seems to win by denial of the timely court process."

"Did you all know that even though the court martial says forfeiture of all pay and allowances, the commanding general comes in behind that order and surrenders the Marines pay to the"victim"? If the Navy/Marine Corps Clemency Board knew of this it would go a long way to reducing the time spent in confinement? BUT the commanding general NEVER tells the board that they do this! Part of the pay I am trying to get back was given to my xwife's attorney: nearly 6 grand! Then the xwife did a garnishment on top of that, I was never made aware of this and the Defense Finance and Accounting Service (DFAS) says I will never get that pay back, the IRS says I must pay taxes on it now because it was earned income. A big clue is if the IRS says you earned income, when you were sentenced to forfeiture of all pay and allowances or FOAPAA. So let people know, if you can. That is very wrong. In my opinion.

Brian"

JAG HUNTER here:

Allow me to at once answer you question and honor your request to make folks aware by way of this posting.

I did not know this was going on.

And it's a safe bet commanding offices are robbing Marine Sergeant Hutchins and Army Staff Sergeant Ray Girouard right now in the same fashion.

What you describe here Sergeant Foster are but other Executive acts of attainder. I opine, again, that every element and consequence of an attainder court-martial be made known to every living Veteran.

And then by force of law bring the practice of attainder to an end.

Profiling your situation is one step in that direction. Filing criminal complaints against those committing these egregious acts is but another.

I'm happy to post your criminal complaints here.

BEWARE THE FURY OF THE PATIENT MAN!

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.

~~~~~

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!

JAG HUNTER HERE with TIM "FLIGHT LINE" HARRINGTON) (posting from the Sweetwater, Tennessee library):

WINTHROP'S CURSE!

MILITARY SUBVERSION OF THE CONSTITUTION!

"In the atmosphere of attainder, the only breathing, living thing is guilt!"

~~~~~

Our Constitution outlaws courts-martial!

America's Articles of war predate the Constitution.

British Articles of war of 1765 migrated to the Massachusetts colony in 1775. The British war articles are rooted in Roman-England antiquity.

Western Europe war articles reached full maturity in the 17th century.

English royalty favored and copied Sweden's adaptation and format fashioned by King Gustavus Adolphus in 1621.

American colonialists copied the English war articles of 1765 as evolved at the time as a military expedient. King George III was their author.

Revolutionary War combatants fought each other utilizing the same set of war articles.

On the English side King George's power was the single source regarding the war articles force and authority. The articles functioned under the king's jurisdiction alone.

Not belonging to or controlled by any other part of the government, the king's function as supreme commander empowered the king to issue--personally or through the military officer class--such orders and directions as were necessary and proper to ensure order and discipline in the subordinate classes.

In this unique societal scheme the king ordered martial surrogates to investigate criminal accusations, establish "facts," then recommend to the king punishments the king alone should inflict upon affected subjects.

A second scheme of government, one bringing about judicial reforms, was growing separately. This second type and kind of government is recognized by us today as Natural Law, or English Common Law.

War articles are dictatorial and despotic.

The Natural, Common Law is given expression through various Constitutions of the English speaking peoples.

War articles serve kings.

Constitutions serve the People.

These two governments are natural, instinctive combatants. What began as light engagements in the 12th century erupted into mortal combat in the 17th century whereupon the king's capricious and tyrannical enforcement of the war articles became intolerable.

Lord Chief Justice of England Sir Matthew Hale (1609-1676) condemned the war articles as no law at all--build upon no settled principles, totally arbitrary.

According the Chief Justice Hale, joined by so many others, the only acceptable use for the war articles was...well...during war! And only in war so severe, so extreme the combat forced closure of law courts and threatened the very existence of the nation and its government.

More agitated in their government in 1689, the English people began the process of legislating statue laws to independently regulate military forces. The slow process of decay for the war articles in England resulted eventually to their effacement.

Over time the People commanded that law courts with independent juries of strangers must be used--when open--to consider government accusations of criminal conduct.

In this context, it is with icy dismay we regard the substance and consequence of Winthrop's Curse. Saturated with tyranny, British war articles--as adapted and burnished--operate on American soil in the 21st century.

British war articles were seized upon by desperate colonialists responding to military emergency.

At Revolution's end, after Confederation government failed, our Founders breathed life into the Constitution; A set of laws that endured and survived the most grueling, most rigorous and participatory legislative process we know.

The Constitution completely effaced the Revolutionary war articles.

The Constitution outlaws courts-martial!

The Constitution outlaws ATTAINDER by commanding that independent, unbiased juries of strangers examine every government accusation of a criminal nature.

But on 29 September 1789, in a chilling vote never explained or examined, the First Federal Congress resurrected the war articles through an act of attainder.

Appropriate and necessary questions regarding the war articles slept dormant for over a half-century guarded as a military franchise during this period; never allowed outside contact. Fenced off, impenetrable, and invisible to civilian society, operation and enforcement of the war articles was a family affair.

The Civil War disrupted this affair.

Extraordinary expressions of presidential war power were subjected to severe Supreme Court examination. Cessation of armed combat on the field worsened matters by inflaming the spark of legal civil war into raging dry-grass wildfire pitting military aristocrats against High Court justices and the Constitution.

Soldier, JAG William Winthrop was assigned to the Army's Judge Advocate General's office when the showdown began (under General Joseph Holt).

High Court justices ruled some exercises of military authority unconstitutional. Those were stricken down as matters of law and condemned. Others remain standing as manifested by the contemporary variant of the American articles.

Obvious questions about attainder were left in slumber.

In the day, taken together with companion Supreme Court decisions--especially those threatening to wear thin the veil covering attainder--Winthrop, Holt and their JAG cohorts perceived the American articles frightfully exposed and endangered. The war articles were under direct attack.

MILITARY SUBVERSION of the Constitution (WINTHROP'S CURSE!) remained the only strategy available to desperate commanders and JAGs under siege within an embattled defense establishment.

There are many sponsors to the battle plans eventually drafted, but JAG Colonel William Winthrop is the chief architect of the TREASON that ensues.

Born of reaction to High Court exploration and criticism of the war articles, Winthrop's malignant purpose was a calculated subversion of the Constitution. Winthrop accomplished his treasonous goal using two tactics. The first was literary disguise and cloaked comparison.

In his subtle and sublime condemnation, Winthrop opines the Constitution feeble, weak and inefficient in the proper discipline of military men. The Constitution is immature and untested in combat. The Law of the Land is too cumbersome and clumsy; it's unworthy of respect.

The Winthrop/Defense Department Doctrine of Subversion--by way of contrast--holds the war articles time-honored and more elevated than the Constitution. The military code is of greater age and dignity. America's war articles are simple, efficient, vigorous, summary, strong and successfully combat tested.

However, a second tactic was necessary. Attacking the Constitution as incompetent wasn't enough to masquerade the illicit operation and purposes of the war articles--most especially in peacetime--leaving the articles still vulnerable to extreme judicial or legislative alteration if not outright effacement.

No matter their excoriating, treasonous analysis, Winthrop's claque had to face this fact: The Constitution was still the Law of the Land!

So Winthrop's dilemma was this: Military men do not make, change, or repeal laws. To continue illegal operation of the articles, and deflect attention away, Winthrop devised and employed a second linguistic artifice.

Winthrop appropriated words found in the Constitution, redefined their meanings to his needs and uses, then wrote the words with his new definitions in describing the functioning articles (Winthrop's two volume opus: Military Law and Precedents).

Winthrop's magic act has worked well for over a century.

In Winthrop's world "judges" and "juries" wear uniform prominently displaying insignia announcing warfare specialty, rank (class), valor, performance excellence, status, and esteem.


In Winthrop's world it is this simple body of military men--who under orders and in service to the President as Commander in Chief--investigate criminal accusations, determine "facts," and recommend pains and punishments appropriate for the president to inflict upon the affected subordinate.

To be blunt, Winthrop's depiction of judges and juries is of a kind with Ray Bradbury's portrayal of firemen (Fahrenheit 451).

By crafty deception and deceit Winthrop's Defense Department Doctrine liberates military associates from having to cope with the obstructive and embarrassing habits of constitutionally acceptable juries and judges.

Conjuring visual images now, please consider the consequences attaching to the administration of law and justice should--for instance--the hearing officer and panel from the movie RULES OF ENGAGEMENT, be replaced by the judge and jury depicted in THE VERDICT. Also consider the outcome brought about in THE UNTOUCHABLES when the juries were swapped.

In the United States of America, no person or assembly is lawfully sanctioned to strip a fellow citizen the protection of a constitutionally constructed jury.

And yet, the Attainder Act of 1789 remains undisturbed in its essentials.

We are left instead with Winthrop's subversion, treason and betrayal. Winthrop's 1886 bloodless coup de grace forced a military amendment on the Constitution and on its people.

Neither judges , juries, nor innocence are present in the hearing rooms of those ritual inquests known as courts-martial when they're in session. In the commission of attainder, military governors don't have to bring a case, never mind prove one. Accused service men stand naked in the dock, unarmed. In the atmosphere of attainder, the only breathing, living thing is guilt.

Supreme Court capitulation in legal Civil War profiles in high-relief the sort of contradiction Ayn Rand made infamously classic in her novel, ATLAS SHRUGGED:

ATTAINDER cannot be

~at once~

constitutional and unconstitutional

England's parliament--obedient to the Natural, Common Law--put an end to the king's despotic and tyrannical infliction of pains, penalties and punishment upon the people.

Britain abolished their war articles in 1881.

In 1951, Congress retitled the American war articles a "Uniform Code of Military Justice."

The upshot of all this is that the character, quality, and nature of America's war articles in 2008 are identical to the character, quality, and nature of the English articles in the 17th century!

THE EMPEROR HAS NO CLOTHES!

In the meanwhile, Winthrop's Curse lives on and sees to it innocent warriors are put and remain entombed in Defense Department catacombs.

Here endth the lesson.

Copyright © The JAG HUNTER 2008

USMC DAD

DARRYLL SHARRATT SLAMS JOHN "MASSCRE" JACK MURTHA

IN DEFENSE OF DARRYLL'S SON, AND ALL THE HADITHA MARINES

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

Murder is the most despotic expression of ATTAINDER!

President Bush as Commander-in-Chief, without a jury's permission, just ordered the first military execution since the early 60s.

As decider-in-chief, President Bush, under the Uniform Code of Military Justice, has the final authority to approve capital punishment in the military. He did so yesterday, upholding the death penalty for Ronald A. Gray. Here are reports from the NYT and the AP.

The Uniform Code of Military Justice is an Act of Attainder. The Constitution proscribes Attainder.

Attainder is the product of the rule of man. And in case you've not noticed: The Emperor has no clothes!

Juries hamper kings.

President Bush as CINC will be a partner in murder is this soldier is put to death! This is nothing more than the arbitrary decision of a military commander. No different in type or kind than a hit issued by a Mafia godfather.

Note to our Supreme Court Justices:

Winston Spencer Churchill observes:

Trial by jury of equals, only for offenses know to the law, if maintained makes the difference between bond and free.

You are here directly confronted and challenged to check premises. Before you stands a classic Ayn Rand, Atlas Shrugged contradiction: It's impossible for ATTAINDER to be, at once, constitutional and unconstitutional.

An emergency stay must be urgently issued until the ATTAINDER contratiction is effaced, until the Uniform Code of Military Justice is finally reconcilled with our Constitution.

English Minister Thomas Wentworth Strafford was murdered in an act of ATTAINDER in the Spring of 1640. The Earl of Strafford's closing speech to the Lower House of Commons is particularly cautionary to President/CINC Bush and all federal legislators as the clock ticks away:

My lords, it is my present misfortune, but forever yours...and except your lordships' wisdom provides for it, the shedding of my blood may make a way for the tracing of yours.

More on ATTAINDER appears below and throughout these JAG HUNTER and JAGMIRE pages. Go to the internal search dialog boxes and just range about.

The hope, the experiment, the prayer was that our country would evolve into a Nation of Laws, and not men. We have become instead--in abject shame--a nation of lawyers.

HERE ENDTH THE LESSON!

JAG HUNTER HERE:

Justice denied is justice denied!

The Uniform Code of Military Justice (UCMJ) is a bill of attainder.

Here endth the lesson.

US civilian contractor charged under military law for alleged Iraq crime

CONTACT THE JAG HUNTER

Haditha update: More of the same!

Marine Lt. Colonel Chessani Thrown Under the Bus for Political Reasons; Fair Trial an Illusion

POSTINGS FROM THE SWEETWATER LIBRARY
(Fifth in a series)

"As one Roman senator said to Tiberius Caesar, 'But if you speak first no one will want to refute you, and if you speak last, we will not want to have spoken against your position.' "

(Fourth, Third, Second, First in the series)

JAG HUNTER HERE:

The assembly and conduct of a courts-martial is the singular exercise of executive war power. It is sovereign power exclusively.

Courts-martial power and authority is directed for use by subordinate commanders as one weapon (among every other weapon) under executive order to give full expression to American will in confronting extreme danger. Courts-martial represent a single component in the array of components necessary in the application of sustained and irresistible force against internal insurrection, external invasion, or other extreme emergencies when ordinary law enforcement and judicial processes break down (take Sherman's March to the sea for instance).

Courts-martial are used almost exclusively against U.S. citizens. Flag officers (generals and admirals) exercise courts-martial, war power as they see fit based only upon their judgment, or whim, or caprice as their individual personalities dictate.

The assembly and conduct of courts-martial, absent direct public scrutiny, is the sole province of the commander exercised as an expedient to put down all resistance and challenge to established military force once mobilized and deployed.

The difficulty faced today is that America's chief executive has invested his peace time commanders with the executive summary power of a court-martial in perpetuity concealed by deceiving military royalty and fantastic showmanship.

Peace time employment of courts-martial is a crime called attainder.

Why is this allowed?

No American would submit to conditions so notorious, injurious, and degrading as those resulting from the punitive expedition of a court-martial. So why do vulnerable military personnel suffer these conditions and why do you not hear their cries for relief?

One explanation, clearly evidenced here in Sweetwater and I suspect Plymouth, MA (hometowns to Ray Girouard and Larry Hutchins), is that Americans have never been more disconnected and more disinterested in their military than today. Civilian oversight of the armed forces is an illusion.

There runs amok that convenient cloak of self-deception allowing for the false belief that we can safely trust the decisions of high command. We hold this belief while, right there in plain sight, we watch command racketeers bludgeon on sergeant after another into submission in the ritual humiliation of a court-martial that purposefully obstructs men like Ray and Larry from seeking refuge in their own defense.

I spoke last week about the notion of invincible ignorance.

Another explanation is simply fear. Regular folks are rendered silent by abject terror regarding what government retribution must come should top military governors be challenged. "As one Roman senator said to Tiberius Caesar, 'But if you speak first no one will want to refute you, and if you speak last, we will not want to have spoken against your position.' "

For many in the military who know of the abuses yet refuse to publicly condemn the practice of attainder, the word is cowardice.

Then-as always-there's the tyranny of self-interest (willful blindness).

Meanwhile, peace time courts-martial--the constitutionally outlawed exercise of attainder--has become institutionalized. An artificial process masking the summary power of the executive whereupon men are punished without trial for crimes they never committed.

Here endth the lesson

BEWARE THE FURY OF THE PATIENT MAN!

©Copyright 2008 The JAG HUNTER

POSTINGS FROM THE SWEETWATER LIBRARY

(Third in a series)

(SECOND)

(FIRST)

On the subject of torture it's been said...

"Pain forces even the innocent to lie."

Publilus Syrus

(1st century BC)

Roman writer of mimes

JAG HUNTER HERE:

Army Staff Sergeant Ray Girouard and Marine Sergeant Larry Hutchins were forced under extreme duress to speak against themselves. The same is so for uncounted other military personnel abducted and locked away in Defense Department dungeons. Forced confessions and the subornation of evidence and testimony is a routine and regular occurance institutionalized within the defense establishment's system of discipline.

Civilian criminal convictions in our time are consistent with our understanding of the human condition that even when seated a jury does not guarantee a defendant--falsely accused--safe refuge or full protection.

Author/attorney John Grisham arouses deep concern (in his non-fiction work, THE INNOCENT MAN) that the combination of lying accusers, and politically motivated prosecutors/politicians are not trustworthy arbiters when evidence is easily manufactured, contradictory, defective, defecient, or altogether lacking.

Juries are hoodwinked all the time.

The scheme of "JUDICIAL REVIEW" through an appeals process is intended as a corrective when jury manipulation or other prosecutorial mischief is uncovered.

McMinn County, Tennessee Assistant District Attorney James Stutts (also known as "Mr. Mayor" here in Sweetwater) would agree that the easiest way to solve and prosecute a crime is to get a confession.

Former U.S. Army Judge Advocate General ("TJAG") Samuel T. Ansell expressed the concept more forcefully repeating that, "there is no better witness against a man than himself." (Writing in the November 1919 Cornell Law Quarterly)

Army TJAG Ansell warned Americans four-score and eight years ago that the prosecutorial mischief and tyrannous interrogation methods Grisham condemns in civilian practice today (as should we all) have been and continue to be aggressively practiced as standard operating procedures in America's defense establishment throughout--unconstitutionally--U.S. history!

Ansell writes: "While the military mind is intolerant of protective principles and of rules governing a [civilian] trial, it is particularly so to the rules of evidence. The professional officers of our [military] in great numbers believed...'that the business of courts-martial is not be discuss law, but to get at the truth by all the means in its power...We...want to get at the fact (no matter how) for the sake of discipline. There is no better witness against a man than himself. That statement is axiomatic among professional officers. They [the admirals or generals...America's "Flag officers"] will hear of no qualifications nor can they see evil consequences of the generous application of what is so good. It is the basis of military third-degree methods.' "

Describing those third-degree methods, we discover special agents from each of the service dective agencies conduct themselves in the most eggregious and oppressive manner: Naval Criminal Investigative Service (NCIS) for the Navy and Marine Corps; Criminal Investigative Service (CID) in the Army, Air Force Office of Special Investigations (AFOSI), and Coast Guard Investigative Service (CGIS), and then the Defense Criminal Investigative Service (DCIS).

"Confessions" are obtained by operating on the hopes or fears of those accused depriving them of the freedom of will or self-control necessary to make a voluntary statement. Statements are extracted from witnesses and those accused by any sort of threat or violence or promise however slight. Coercion is mental as well as physical. Special agents from the federal goon squads named above extract statements as SOP usining psychological coercion tactics that feature the length of the interrogations, the time of day (night or day or just after coming in from an extended, gruelling battlefield patrol foot patrol), and playing on the psychological makeup and military training of the person under scrutiny.

And military dectives are not obliged to honor the request of an accused for an attorney. In many instances, such as in the situations of field interrogations carried out in combat theaters overseas, an advocate for the accused just isn't available. No worries...none is required.

Language just used in describing NCIS/CID/CGIS/DCIS/AFOSI third-degree tactics has to be setting off alarms for most attorneys (memo to Sweetwater Mayor Stutts) inasmuch as it's taken from a body of Supreme Court rulings condemning those precise interrogation methods.

Defense Department goon squad agents remain unconcerned regarding any legal constraints otherwise describing them as outlaws. Interrogations are neither audio or video recorded. And even if they were these renegade agents could still (and do) operate freely. No other federal law enforcement agency will effect an arrest of a DOD detective even with their criminal conduct in plain view.

And once in the discipline hearing rooms, courts-martial are not subject of judicial review of any type or kind. Rogue JAGs don't concern themselves with the case they have to present to a JURY, because there are no juries. Moreover, JAGs find themselves as unconstrained in their criminal conduct as do the rogue DOD goon squad dectectives. There exists no such animal as an "APPEAL" for servicemen (or their families) to seek remedy or relief. And JAGs are not subject to discipline from their respective state bar associations (remember: courts-martial are not courts).

Noteworthy now to point out that in nearly every circumstance made public in the conduct of a courts-martial--just as in the cases of Sergeants Girouard and Hutchins--the government would have no case would it not be through the submissions of forced statements and confessions. These cases are void physical evidence. In the situations accusing homicide there are no bodies to be identified. There are no credible (if any) civilian witnesses. And there's no accuser with standing.

Motives behind inventing a case against an airman, marine, soldier, or sailor runs a very long list we'll discusss later in this series. For the moment it serves to paraphrase a comment made by Admiralty Lawyer/Maritime Author William James, so far as the character of any courts-martial is concerned...

It may suit "The Flags (admirals and generals)" to invent any
falsehood, no matter how barefaced, to foist a valiant character on themselves
or on their respective service.

(See Ian Toll's history masterpiece: SIX
FRIGATES, p. 461)

Here endth the lesson (for the moment).

BEWARE THE FURY OF THE PATIENT MAN!

©Copyright 2008 The JAG HUNTER

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

"U.S. and Iraqi authorities released more than 200 prisoners Sunday in an ongoing bid to promote national unity, but that effort faltered as Sunni Arabs demanded more releases and the Shiite-controlled parliament locked in stalemate.

Sunni Arab Vice President Tariq al-Hashimi congratulated dozens of inmates waiting at the Abu Ghraib detention center west of Baghdad to board buses carrying them to freedom. He urged the Shiite-led government to free more prisoners and demanded compensation for the former detainees."

Hm.m, U.S. military commanders are releasing enemies who fired upon and killed our soldiers and Marines while innocent military men such as RANGER Staff Sergeant Ray Girouard and MARINE Sergeant Lawrence Hutchins remain entombed in martial catacombs.

What's wrong with this political theater Lieutenant General Mattis?

Here endth the lesson.

Beware the fury of the patient man,
/s/
Walter Francis Fitzpatrick, III
United States Navy, Retired
USNA '75
Posted at The JAG Hunter

JURIST - Forum: The Taguba Revelations: Lessons(?) from Abu Ghraib

"One primary reason for the failure to hold the military leadership accountable is that the Uniform Code of Military Justice provides no legal standard of command responsibility by which the conduct of senior military commanders can be accurately and fairly evaluated. It is long past time to adopt such a standard. "

ANNAPOLIS

Military Panel Considers Midshipman's Punishment