MAGINCALDA COURT-MARTIAL:
From the North County Times

Camp Pendleton Eight update:

U.S. MARINES recommend Trent Thomas, through an act of attainder, be punished by the commander-in-chief (represented by Lt. Gen. James Mattis) by a BAD CONDUCT DISCHARGE, reduction in rank from corporal to private first class, and prison time served.

The good news is that MARINE Corporal Thomas is being released today and gets to go home!

Here endth the lesson.

"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

Trial Continues in Death of 3 Iraqis

The attorney for Staff Sgt. Ray Girouard, who is charged with murder, said after court Tuesday that she expected military prosecutors to call Pfc. Juston Graber, the last of three soldiers who have already pleaded guilty in the shootings of three Iraqi detainees.

REGARDING STAFF SERGEANT RAYMOND GIROUARD'S GENERAL COURT-MARTIAL ABOARD THE FORT CAMPBELL ARMY POST:

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DRIVING DIRECTIONS:

>From US41A, enter FORT CAMPBELL thru Gate 4 (Main Gate) and stop at the Visitors Center to obtain a visitor’s vehicle registration certificate. Request that the vehicle registration be made effective (dated valid) for an eight or nine day pass (depending on which day you get your pass (see below); the expected length of the trial is eight days). This allows you to pass through the gate freely for the expected duration of the hearing. To register your vehicle on the first day you will need:

• A valid drivers license (photo identification).
• Proof of insurance.
• Current vehicle registration

Your vehicle will be searched.

The registration/search process will take from 15 to 20 minutes, longer if there's a crowd.

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Once registered, continue on Screaming Eagle Blvd/26^th Street, thru two stop lights, to the 3-way stop sign at the corner of 26^th and Tennessee Avenue (veer to the right as when Screaming Eagle Blvd splits).

Turn right onto Tennessee Avenue. Your turn is marked by the Fort's Museum, a large brown metal building with Don F. Pratt Memorial Museum painted on the front.

After turning right turn onto Tennessee, you'll see the "court-house" down the road about a block, to your left. It's clearly recognized by four white pillars in front and a brown sign. Parking is across the street from the court house, to your right.

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PLANNING NOTES:

• The court-martial is scheduled to begin at 0900 hours, Tuesday 13 March 2007 and run to Wednesday, 21 March 2007. It can and probably will have weekend sessions (Saturday and possibly Sunday).

• Seating is limited. First come, first served.

• Family members, friends, and other visitors who wish to attend the court-martial should contact Counselor Anita Gorecki (lead prosecutor) who can provide advance notice to Master Sergeant Webster to avoid delay or denial of access to Fort Campbell.
• Counselor Gorecki's office phone: 910.860.5472
• Counselor Gorecki's Email: lawyers@defendingsoldiers.com
• Media representatives contact Master Sergeant Webster -- Family, friends, visitors contact Counselor Gorecki.

• Arrive as early as you can each day. Registering your vehicle on Monday 12 March 2007, after peak rush hour (0730 - 0830) at Gate 4 (the Visitor's Center) is a good plan.

• Peak rush hour at Gate 4 is 0730-0830 (repeated for emphasis).

• Bring lunch/snacks/drinks. There's a Burger King on Post, however, the place is packed to capacity with soldiers every day. There's nothing "fast" about getting your food.

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FOR MEDIA REPRESENTATIVES:

• Army Master Sergeant Terry Webster is you point of contact. Make arrangements with him for media passes and press escorts. Call ahead: SEATING IS LIMITED!
  
• Phone: 1.270.798.3025
• FAX: 1.270.798.6247
• Email: terry.l.webster@us.army.mil
• 
  
• ALL media representatives, film crews, journalists, reporters, photographers, stringers, and commentators, etc. must contact Master Sergeant Webster to arrange public affairs officer escort. Media representatives must further sign their acceptance and agreement to the Fort Campbell media ground rules immediately available from MSgt. Webster.
  

• Repeating for stress and emphasis: MEDIA PERSONNEL MUST CONTACT MASTER SERGEANT WEBSTER PRIOR TO ARRIVAL. UNESCORTED MEDIA EMPLOYEES WILL BE REMOVED FROM THE FORT CAMPBELL INSTALLATION.

• No press conferences will be allowed in front of the court-house. Again, Contact MSgt. Webster regarding Fort Campbell media regulations and restrictions.

• Media representatives contact Master Sergeant Webster -- Family, friends, visitors contact Counselor Gorecki.
  

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Contact The JAG Hunter

Lance Corporal Pennington gets 8 years in Hamdania killing

Clo Shivnan of Long Beach contended that despite the admissions from the men who have pleaded guilty ---- and said that they knew what they were doing was wrong ---- 'we're still not getting the full story."

Padilla brig officials must testify

Ordered to appear at the competency hearing are: Sandy Seymour, who was technical director at the brig in Charleston, S.C., while Padilla was there; Craig Noble, brig psychologist; Mike Reheuser, a Defense Department attorney; and Andrew Cruz, a brig social worker.

THE EXPLANATION FROM LANCE CORPORAL PENNINGTON'S PARENTS

"In a unanimous decision by all four members of his defense team, it was decided none of the Marines had a chance at a fair trial."

______________________________________

Begin quote
Terry Pennington ; Deanna home
Sent: Tuesday, February 13, 2007 8:18 PM
Subject: Court Martial Day


I have bad news and I have more bad news. And maybe, just maybe, some good news.

Here is the deal:

The "Pendleton 8" were convicted by the government before they ever even left Iraq. That's why they were immediately placed in shackles when they arrived at the brig at Camp Pendleton. That's why they've been in solitary cells at that brig ever since. That's why every motion we've made with our defense team to try to lessen their pre-trial punishment has been denied. And that's why our Marine, Rob, pled guilty to a couple of the counts against him today.


In a unanimous decision by all four members of his defense team, it was decided none of the Marines had a chance at a fair trial. The jury pool, some 205 military personnel, was made up of their "peers" as mandated by military law. Their "peers" had no combat experience. Not one of them had any "trigger time". None of them could possibly fairly judge the actions of our Marines. All available evidence pointed to convictions.


In the military world, a conviction of conspiracy to commit murder or the commission of a kidnapping offense has only one possible mandatory sentence. Life in prison. The only question left to be answered after such conviction is with or without the possibility of parole. That's it. No more discussion. Since we knew these things our defense attorneys went to the "convening authority" Lt Gen James Mattis and asked if there were any possibility for a "deal". He said yes - he was willing to cap Rob's sentence at something far lower than life in return for a guilty plea. This meant admitting, in open court, on the record, to the things he has been charged with. Or some of them, at least. He has now done that. He has admitted he knew what they were doing on that dark night in Iraq last April was "illegal". He must also testify against the remaining three from his squad not already convicted should they continue on the road they're on and contest their trial.


What's the good news you ask? The good news is he will not spend the rest of his life in prison. I cannot at this time divulge what the cap is on his sentence. The second bit of good news is that Rob is doing well and is looking forward to the healing process that will get him out of the hell that has been his life since his experiences in Fallujah. We have also come to know and understand just how devasting the effect of the losses that he suffered in November and December of 2004, and how they have forever changed his life.


We will all be in court for the next few days, possibly until sometime Friday, talking about how much we love and support him and what a great guy he is in an effort to get him the lightest sentence possible. After that we'll be seeking your help in getting out the word that we need letters written to the aforementioned convening authority, Lt Gen James Mattis to try to secure a clemency deal for Rob. Failing that, we have a lame duck president who will be passing out a few pardons at the end of his next term. He could use your input as well.


Due to the fact that we have to try hard to not aggravate General Mattis at this time (since he can do us some good) we have to lay low and not go on network TV and radio blasting what has occurred. I don't know where I'll find the strength to control myself but hopefully it will turn up. We will advise you of mailing addresses, email addresses, that sort of thing when we need your letter writing help. There is also an appeal process that's automatic in military law but that could take years if not decades so there's not much help there.

More when we know more,
Terry & Deanna

Close quote

TRIAL LAWYERS AND FELONS IN THE BATTLESPACE...A MATCH MADE IN THE PENTAGON!

Military Grants More Waivers to Recruits

"More than half of the Marine recruits needed a waiver in 2006, a bit higher than in 2003, and largely due to their more strict drug requirements. Felony waivers made up about 2 percent of the Marine waivers, while other lesser crimes made up about 25 percent, both up slightly from 2003."

Court-martial due to begin Tuesday for Marine accused of murder

"Lance Cpl. Robert B. Pennington, 22, planned to appear for a court-martial in Camp Pendleton on Tuesday, almost 10 months after Hashim Ibrahim Awad was dragged from his home and shot by the eight member squad who were looking for an insurgent."

A MESSAGE FROM RICK AMATO

2-10-07

An American Soldier's Family Asks For Help

La Jolla, CA- The family of Staff Sergeant Ray Girouard, a 24 year old highly-decorated elite Army Ranger who has served two tours of duty in Iraq,is asking for your help.

While out on a mission to raid a terrorist training camp (let that sink in), Staff Sergeant Girouard gave orders to shoot three Iraqi detainees who he says had attempted escape after having been captured as prisoners. An investigation initially cleared him of any wrong doing, but he now faces charges of murder after a conflicting account of what happened was provided by a disgruntled soldier under his command.

Today Ray Girouard sits in a military prison and is unable to afford a civilian attorney for proper legal representation. He is represented only by the military equivalent of a public defender: someone who is over-booked, under-staffed and waiting for 5PM to arrive daily.

Ray Girouard deserves a fair hearing with expert representation free from politics and outside agendas. Without proper representation the military judicial system will force a plea bargain deal and harsh sentence without blinking an eye, as has happened to other soldiers in this case who also could not afford outside legal help. Sound impossible in America? Just ask Border Patrol Agents Ignacio Ramos and Jose' Compeon.

Those interested in contributing to Girouard's legal expenses can write to:

American Legion Post 106, C/O Joe Tolson,
P.O. Box 256, Sweetwater, TN 37874.
The memo on your check should read SSG Ray Girouard Legal Expense

Best Wishes,
The Rick Amato Show
"Common Sense With Rick Amato"

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Tennessee hometown rallies for soldier charged with Iraqi murder

"Folks in Sweetwater are standing by hometown soldier Raymond Girouard, raising more than $18,000 for his defense against murder charges."

Marine could face premeditated murder charge, death penalty

"'When my country gives me an order, I say 'Yes, sir,'' Thomas told the judge. 'I believe I had an order to carry out a mission and I believe I had a lawful order.'"

BREAKING HAMDANIA UPDATE

MARINE CORPORAL TRENT THOMAS RECANTS!!

PRESSURE ON NCIS METHODS AND TACTICS COMING UNDER INCREASED SCRUTINY -- LEAD SPECIAL AGENT JAMES H. CONNOLLY IN THE CROSS HAIRS! Developing...

JAG Hunter here: A sharp salute to my Marine friend Tim! BRAVO ZULU shipmate!!

Commander says he felt 'bit betrayed' by Watada

"Antonia's comments drew murmurs from among 30 spectators, most Watada supporters, in a court overflow room when he told the court soldiers are obligated to determine for themselves whether they are given an illegal order."

WORDS MEAN THINGS

Clever JAGs and command racketeers use modern language to misinform and confuse the general public regarding the real workings of the military discipline system.

Describing commissioned military officers as "military judges," is like calling Punxsutawney Phil a weather man.

Guy Montag, a major character in Ray Bradbury's famous Fahrenheit 451, is described a "Fireman." But in Bradbury's world the conditions of Montag's employment require the "Fireman" to set books afire and murder citizens. Bradbury's "Firemen" do not to protect lives or property.

They take them.

Military panels are not juries, nor do they operate in any way as a federal jury. Courts-martial are not federal courts. Commissioned military officers described as military judges are not federal judges. Military due process is not civilian "due process." There can be no appeals in a world absent courts, juries, and judges. In the military there are instead reviews of command decisions.

And so it goes.

Here endth the lesson.

The JAG Hunter. Copyright©2007