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 (posting from the Sweetwater, Tennessee Library):

OUR CONSTITUTION OUTLAWS COURTS-MARTIAL!

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

JAG HUNTER HERE: With the definition of ATTAINDER--"A [government] body that can [directly] vote to acquit or convict [a U.S. citizen] regardless of the evidence."

MEMO TO ALL (and specifically to Messrs. Rogers and Liewer): Juries in the military discipline system are like dinosaurs: EXTINCT!

"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

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