Posts Tagged With: United States Coast Guard Academy

The Case of Cadet Webster Smith, The Last Word

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http://www.amazon.com/Case-Cadet-Webster-Smith-Last/dp/1533400806/ref=asap_bc?ie=UTF8

 

Synopsis:

 

We, as Americans, cherish fairness. We like to believe that people are not punished or unjustly rewarded without justifiable cause. We like to dwell on parables of white virtue and black advancement culminating in the flowering of goodwill all around. Events sometimes force us to widen our gaze and focus on terrain we would rather not see. The 2006 court-martial of Cadet Webster Smith at the United States Coast Guard Academy did just that. The Webster Smith case was a litmus test for justice in America. Every once in a while a case comes along that puts our humanity as a people, and as Americans, on trial. Everything that we profess to stand for as Americans was on trial. Our sense of justice in America and particularly in the U.S. Military was on trial. This was no ordinary trial. Our humanity was on trial. Our system of justice was on trial. This case dissolved the deceptive façade and exposed certain moral deficiencies in our system of justice. This case alone puts the legitimacy of the entire military justice system at risk.

Webster Smith availed himself of every path to justice that we have. He filed an Article 138 Complaint under the UCMJ. He faced the Article 32 Investigation with two lawyers. He asserted all of his Constitutional Criminal Guarantees. He knew and made appropriate use of the Right to Counsel, the Right to Remain Silent, the right to a jury trial, the Right to Confront the witnesses against him, the right call witnesses on his behalf, the right to present evidence favorable to him, the presumption of innocence until his guilt was proven beyond a reasonable doubt, and the right to argue his case before the Jury.

His Appellate Counsel, Ronald Machen, was top notch. He became the United States Attorney for the District of Columbia. In April 2015, he left the position and returned to the law firm WilmerHale.  Wilmer Cutler Pickering Hale and Dorr®  has played a leading role in historic events and landmark cases that have shaped the nation and left their mark across the globe. In matters ranging from the Army-McCarthy hearings to the legal defense of civil rights, from the 9/11 Commission to the restoration of the rule of law in apartheid-torn South Africa, their lawyers have made contributions that have profoundly affected our society. Because the law is still a profession as well as a business, lawyers have special obligations to the administration of justice and the development of the law. Their lawyers are  encouraged to meet these obligations through pro bono work. Attorney Machen represented Webster Smith on a pro bono basis. He received no fee.

Webster Smith appealed his conviction all the way to the United States Supreme Court. He lost at the Coast Guard Court of Criminal Appeals. He lost at the Court Of Appeals for the Armed Forces of the United States. The U. S. Supreme Court dismissed his appeal without comment. And, on top of the aforesaid, he filed a Complaint of Discrimination, pursuant to Commandant Instruction 5350.11. He had an air tight and fool proof case of disparate treatment. Yet, he lost. He lost because the System was manned by the most incompetent people God ever created. They did not have a clue as to what was going on in their office. The most significant case in the history of the Department of Homeland Security and the Armed Forces of America came to them and they were not capable of processing it properly.

On top of everything else, Webster Smith had bad luck. At some juncture along the way, most other people would have won, but not Webster Smith. One has to wonder why. There are some who will say that it was because he was Black. They will say that the System was designed and administered by white men and women; and, no Black man can obtain justice in that System. They might have a point, even though some of the decisions made concerning his case were made by Black people in key offices.

We now see that there is little or no justice in military justice. Any reasonable person who looks at this case or any other high profile military justice case would have to conclude that the Military Justice System is not designed to render justice. It is a system designed to punish. The entire courts-martial system, from Summary Court-martial to General Court-martial, has one specific purpose; that is to punish anyone who commits an offense against the Uniform Code of Military Justice.

This is intended to be the definitive word on the first and only court-martial of a United States Coast Guard Academy cadet. The Case of Cadet Webster Smith, The Last Word is written from the perspective of the accused, Cadet First Class Webster Smith. It is not written from the perspective of his accusers. A prior account of this case focused on the women involved. Conduct Unbecoming an Officer and a Lady told the story of the court-martial from the perspective of the witnesses for the prosecution.

Why now? Well, there are several reasons. This Case is unique in that this has never happened before. No other Coast Guard Academy Cadet has ever been punished at a General Courts-martial. That is saying a lot for an institution that has been around since 1876.

Also, it has been ten years since the trial and conviction. An entire decade has passed. The sentence has been served. The Supreme Court Petition for A Writ of Certiorari has been denied. The Record is complete.

Cadet Smith was a senior when the trial began. He was within months of graduating from the Academy, but he was expelled. No Clemency was granted. His career was ruined. His life was irreparably harmed. For ten years he was required to register in the State of Texas as a Sexual offender. He married, had children, and for ten years he was not allowed to attend the birthday parties of his children.

This Case has been hotly debated in certain quarters. The Coast Guard has tried its best to forget that this court-martial ever occurred. However, I fear that this Case will be debated and talked about for years to come. Long after the political and social climates that gave rise to this Case have abated; cadets, officers, politicians and parents will be discussing the Webster Smith Case.

What distinguishes this book from other books on the Case is that this book distinguishes how the Coast Guard Legal Officers and the senior Academy officers disposed of this case as opposed to other cases with similar fact patterns. This Case will serve as a witness to an era in the United States Military and its Service Academies that was ripe with cultural and ethical upheavals, proceedings with plenty of due process and little justice, sexual assaults in the military, retaliation against whistleblowers, mind blowing results, aggravation and frustration. 

The Case of Cadet Webster Smith, The Last Word

Title ID: 6293877

ISBN-13: 978-1533400802

 

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The Case of Cadet Webster Smith, The Last Word

Unrestricted Coast Guard Chronicles Vol 02 Nr 01

BY_AUTHOR Judge London Steverson

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ISBN-13: 978-1533400802

6″ x 9″ on WHITE Paper

(198 pages, Black & White)

15.24 x 22.86 cm

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Interior: The Case of Cadet Webster Smith, The Last Word – updated version edited 2- formatted15Apr11.docx

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Cover Finish: Glossy

Cover: cover-creator.pdf

 

The Case of Cadet Webster Smith, The Last Word

Title ID: 6293877

ISBN-13: 978-1533400802

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Categories: Military Justice | Tags: , , , , , , , , , , , , , , , , | Leave a comment

All Publicity Is Good

United States Coast Guard Academy Alumni: London Steverson, G. William Miller, Thad Allen, James Loy, Bruce E. Melnick, Harvey E. Johnson, JR.

United States Coast Guard Academy Alumni: London Steverson, G. William Miller, Thad Allen, James Loy, Bruce E. Melnick, Harvey E. Johnson, JR. Cover

ISBN13: 9781155406800

 ISBN10: 115540680x

 0  19  0  0  21

 

 

 All publicity is good. There is no such thing as bad publicity. It is better to be attacked and slandered than to be ignored. You must not discriminate between the different types of attention. In the end, all attention will work to your favor. Welcome personal attacks and feel no need to defend yourself. Court controversy, even scandal. Never be afraid or ashamed of the qualities that set you apart or draw attention to you. Everything is judged by its appearance; what is unseen counts for nothing. Never let yourself get lost in a crowd, or buried in oblivion. Stand out; be conspicuous at all costs. Make yourself a magnet for attention by appearing larger, more colorful, more mysterious, than the bland and the timid masses.
Burning more brightly than those around you is a skill that no one is born with. You have to learn to attract attention. At the start of your career, you have to attach your name and your reputation to a quality or an image that sets you apart from other people. This image can be something characteristic like a style of dress, or a personality quirk that amuses people and gets you talked about. Once the image is established, you have an appearance, a place in the sky for your star. Attack the sensational, the false, the scandalous, and the politically correct. Keep reinventing yourself. Once you are in the limelight you have to renew it by reinventing ways to court attention.
People feel superior to people whose actions they can predict or control. If you show them who is in control by playing against their expectations, you will gain their respect and tighten your hold on their fleeting attention. Society craves people who stand apart from general mediocrity.

Synopses & Reviews

Publisher Comments:

Chapters:

 

 London Steverson, G. William Miller, Thad Allen, James Loy, Bruce E. Melnick, Harvey E. Johnson, Jr., Erroll M. Brown, James C. Van Sice, Chester R. Bender, Peter Boynton, J. William Kime, Charles D. Wurster, Owen W. Siler, Daniel C. Burbank, Thomas H. Collins, Paul A. Yost, Jr., John B. Hayes, Willard J. Smith, Timothy S. Sullivan, William D. Baumgartner, Thomas T. Matteson, Terry M. Cross, Steven H. Ratti, Edwin J. Roland, Robert E. Kramek, Billy Tauzin III, James S. Gracey, George Naccara. Free updates online. Purchase includes a free trial membership in the publisher’s book club where you can select from more than a million books without charge. Excerpt: 

 

  London Eugene Livingston Steverson (born March 13, 1947) was one of the first two African Americans to graduate from the United States Coast Guard Academy in 1968.

 

Later, as chief of the newly formed Minority Recruiting Section of the United States Coast Guard (USCG), he was charged with desegregating the Coast Guard Academy by recruiting minority candidates.

 

 He retired from the Coast Guard in 1988.

 

In 1990 was appointed to the bench as a Federal Administrative Law Judge with the Office of Hearings and Appeals, Social Security Administration. Steverson was born and raised in Millington, Tennessee, the oldest of three children of Jerome and Ruby Steverson.

 

At the age of 5 he was enrolled in the E. A. Harrold elementary school in a segregated school system. He later attended the all black Woodstock High School in Memphis, Tennessee, graduating valedictorian. A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948, but the service academies were lagging in officer recruiting.

 

President Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students. London Steverson was one of the Black student to be offered such an appointment.

Synopsis:

Purchase includes free access to book updates online and a free trial membership in the publisher’s book club where you can select from more than a million books without charge.

Chapters: 

London Steverson, G. William Miller, Thad Allen, James Loy, Bruce E. Melnick, Harvey E. Johnson, Jr., Erroll M. Brown, James C. Van Sice, Chester R. Bender, Peter Boynton, J. William Kime, Charles D. Wurster, Owen W. Siler, Daniel C. Burbank, Thomas H. Collins, Paul A. Yost, Jr., John B. Hayes, Willard J. Smith, Timothy S. Sullivan, William D. Baumgartner, Thomas T. Matteson, Terry M. Cross, Steven H. Ratti, Edwin J. Roland, Robert E. Kramek, Billy Tauzin III, James S. Gracey, George Naccara.

 

Excerpt:  

Wilbert Joseph Billy Tauzin III was born December 1, 1973 in Thibodaux, Louisiana, the son of Congressman Billy Tauzin and Gayle Clement Tauzin. After graduating from Bishop O’Connell High School in Arlington, VA, as a National Honor Society Student and 3 sport lettermen (football, wrestling and lacrosse), Tauzin accepted an appointment to the United States Coast Guard Academy in New London, Connecticut. After quitting the Coast Guard Academy his junior year, Tauzin finished his bachelor’s degree in marketing at Louisiana State University in 1996. That summer he applied for and accepted an entry-level position selling wireless phones for Bell Atlantic Wireless in suburban Virginia. Three promotions later, he moved to outside sales in Rockville, Maryland. When the desire to return to his home state overwhelmed him, he applied for and accepted a job in Metairie, Louisiana as a Corporate and External Affairs Manager for BellSouth. In a decision that provoked internal dissension in the Louisiana Republican Party, the 30-year-old Tauzin was endorsed by the Republican Party executive committee as its candidate to fill the open seat caused by his father’s 2004 retirement from the United States House of Representatives due to his battle with pancreatic cancer. Tauzin bested a crowded …

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DHS Employees May Be Incompetent

DHS Civil Servants May Be Incompetent

One of the major reasons the Department of Homeland Security may be doomed is because the rank and file civil employees may be incompetent for the jobs they are trying to perform. The Senior Executive Staff was filled by professional job-hoppers from other agencies looking for a raise in pay and another career enhancing paragraph on their resume’ or curriculum vitae. Today the DHS appears to be a bloated  and mismanaged bureaucracy of marginally qualified civil servants.
http://voices.yahoo.com/why-believe-department-homeland-security-12669563.html?cat=9
How were the top DHS positions filled? It was Ruling Class cronyism, favoritism, and nepotism. And in a few isolated cases, it may have been some affirmative action.
In the case of  Carmen H. Walker, Deputy Officer for EEO Programs, Office of Civil Rights and Liberties, it may have been a combination of all four, because she certainly was not qualified to render the decisions that she made. The most egregious was in the Case of Cadet Webster Smith.
http://cgachasehall.blogspot.com/2011/04/american-tragedt-webster-smith-case-is.html
It took a long time for the Dept Homeland Security, Office of Civil Rights to make a decision on the Webster Smith Discrimination Complaint. Webster Smith received a fatal blow from Ms Carmen Walker, the Deputy Officer for EEO Programs in the Department of Homeland Security. That decision was the death knell for Cadet Smith in his fight to get justice from the Coast Guard Academy and the Coast Guard?

Carmen H. Walker, Deputy Officer for EEO Programs, Office of Civil Rights and Liberties, in her 20 August 2007 letter said that because Webster Smith was court-martialed, he could not have been discriminated against, as a matter of law. Well, that was just flat out patently wrong. A court-martial does not bar a civil rights action. The court-martial was just one act in a chain of events, each of which constituted racial discrimination. The same set of facts could have given rise to actionable relief in different arenas. The several discriminatory actions taken against Webster Smith before he was even charged under the UCMJ were completely separate and distinct from any possible legal errors that were committed during the course of the court-martial.
Only the legal and procedural errors committed by the prosecution at trial were the subject of the appeal to the Coast Guard Court of Criminal Appeals. The decision by Ms Walker was the dumbest decision I had ever seen, and the shortest. There was more meat on the shadow of the chicken that died of starvation than in her Report. There were no Findings of Fact. There were no Conclusions. There was no Rationale, or any reasoning whatsoever. There was nothing in the Final Report to show how she had arrived at her decision. No comparisons are made with any other cases or sets of facts.The Report and her decision simply defied reason and logic.

H. Jerry Jones, the Coast Guard’s director of the Office of Civil Rights in Washington D.C., authorized an inquiry Dec. 7, 2006  into whether former cadet first class Webster Smith was treated differently during the investigation into his case than others who had committed similar offenses.
After reviewing Smith’s complaint, Jones dismissed 16 separate claims but authorized an investigation into the alleged inequity of treatment, headquarters spokesman Commander Jeff Carter said Dec. 15.
The Coast Guard hired JDG Associates Inc., a San Antonio-based consultant company that specializes in equal opportunity and civil rights issues, to examine the complaint, Carter said.
Carter explained that the Coast Guard does not maintain a large Equal Employment Opportunity Commission staff and needed to hire the firm to ensure fairness.

Consistent with 29CFR 1614.107(b) when an agency dismisses some but not all of the claims in a complaint, the dismissed claims will not be investigated and the dismissal is not immediately appealable. The Department of Homeland Security was supposed to review them together with the Report of Investigation when it prepared the Final Agency Decision (FAD) on the accepted claims. It does not appear that Ms Walker did anything remotely comparable to that. She did not appear to have followed the letter or the spirit of the Regulation, 29CFR 1614.107(b).

Webster Smith has the right to request reconsideration of the FAD, including the dismissal determination if it had been sustained. It appears that Ms. Walker did that by default. Even though the dismissed claims were not processed as discreet and separate claims, the information regarding the dismissed claims were required to be used as evidence during the investigation of the accepted claim. Ms. Walker certainly could not have done that.
However, it is hard to tell just what Ms Walker did, if anything. She gave very few clues as to what she did, if she did anything. She could have flipped a coin, or rolled the dice for all we know. The FAD is brief and uninformative. It gives very little insight into the inner workings and hidden mechanisms of her mind.
Ms Carmen Walker was faced with a living room full of pink elephants. She chose to ignore all of them. She ignored what would have been obvious to even a child, and instead she grasped at two invisible straws. She chose to hang her hat on a technicality that has proven to be a gross embarrassment to her and the Department of Homeland Security.

It looked like Ms Walker had not looked at the complaint since it first had arrived on her desk. She must have noticed that the First Anniversary of the filing of the complaint was fast approaching. On 5 September, it would have been one year since the complaint had been filed. Ms Walker was required by Agency Regulations to provide Webster Smith with a copy of the investigative file, to notify him in writing that he had a right to request a hearing and a decision from an administrative law judge (ALJ) or to request an immediate final decision from the agency (29 CFR 1614.110). Ms Walker’s Final Decision looked like nothing more than a half-hearted attempt to avoid letting the 360 day period run out without taking the required Agency action.

Oscar Wilde said that the easiest way to get rid of a temptation is to yield to it. Ms Walker obviously believed the easiest way to get rid of a complaint was to simply say that it did not state a claim for which relief could be granted.

In her decision no evidence was evaluated. Statements were taken by the Investigating Officer, but no Facts were deduced. There were two apparently implied facts: One, that Webster Smith had been in the military; and, Two, that he had been court-martialed. From those two apparently implied facts, Ms Walker concludes that Webster Smith’s Discrimination Complaint failed to state a claim for which relief can be granted.

If Webster Smith had been trying to overturn his court-martial conviction by filing a civil rights complaint, then he would not have filed an appeal to the Coast Guard Court of Criminal Appeals. That is a separate action. It is designed to remedy the errors committed during and after the court-martial conviction.

The Court of Criminal Appeals has no jurisdiction to render a finding concerning whether Webster Smith was discriminated against when he was forcefully removed from Chase Hall at midnight in December 2005 by Coast Guard Intelligence, or when he was prevented from attending class, or when he was made to work on the boat docks in June 2006, or when he was forbidden to speak to any other classmates or cadets, or when he was forbidden to go within 100 yards of Chase Hall. Moreover, it was discrimination when a press release was distributed to the media with his photograph calling him a sexual predator and saying that his presence created an intimidating environment in Chase Hall. All of these prohibited actions occurred long before a charge sheet was drawn up, and well before a court-martial was convened and most certainly before a verdict was rendered. On these acts alone Webster Smith was discriminated against because of his race. These all occurred long before the court-martial and the other related acts occurred.

http://www.uscg.mil/Legal/cca/Court_of_Criminal_Appeals.asp
The Court of Military Review is a military forum and can only give a military remedy. It has no jurisdiction to give relief in the administrative, employment area.  The Coast Guard Court of Criminal Appeals, established under Article 66, UCMJ, by the Judge Advocate General is composed of the Chief Judge and not less than two additional appellate military judges. The judges may be commissioned officers or civilians. The Coast Guard Court of Criminal Appeals is currently composed of six appellate judges organized in panels of three for consideration of referred cases. All but the Chief Judge have other primary duties, so that their service on the Court constitutes a collateral duty. In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martial in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with lesser sentences if the Judge Advocate General so directs. Also reviewed by the Court are petitions for extraordinary writs, petitions for new trial which have been referred to the Court, and appeals by the United States under Article 62, UCMJ.
That is why there is a civil rights complaint procedure. It is designed to address those areas where one has been treated differently than others based on his race, or sex.
In a perfect world, Ms Carmen H. Walker’s actions alone would have done irreparable harm to an innocent man, but this is not a perfect world; and, Ms Walker may have had her strings pulled by others. Her actions and decisions had a snowball effect.


The Day newspaper in an article written by Jennifer Grogan on 9/11/2007 reported that “The U.S. Department of Homeland Security has ruled that Webster Smith was not discriminated against on the basis of his race when he was court-martialed for sexual assault last summer.” That was not true, nor was it correct.

She reported that “The Smiths declined to comment.” That was true; however, after the Smiths saw what she had written, they had plenty of comments. Mainly, they commented that Ms Grogan’s article was not correct. And they were right. The Day was forced to print a correction on 9/12/2207. As one might expect, the CORRECTION was not as conspicuous, nor as easy to locate as the first blatantly erroneous article. The damage had been done. As Webster Smith’s mother, Belinda, said”After the article has gone nationwide with the Associated Press, they quietly corrected the article but the damage was done.”
The Day, unlike the Navy Times, printed an article short on facts, but long on quotes from the people who had slandered Webster Smith, and who were trying to save face. The same people who tried to label Webster Smith as a sexual predator and released his private cadet photograph to the news media to be beamed around the world.
At the Coast Guard Academy,” Chief Warrant Officer David M. French, an Academy spokesman, on Monday, 10 September, was quoted as saying “We feel the Department of Homeland Security’s final decision on the civil rights complaint from Webster Smith validates the Coast Guard Academy’s actions in this matter as appropriate.”

The CORRECTION buried in the B Section of The Day simply said “The U.S. Department of Homeland Security denied a discrimination claim filed by Webster Smith, a black man expelled from the U.S. Coast Guard Academy following his court-martial for sexual assault. The department ruled that the complaint was not filed in the appropriate forum.”

To deny a complaint and then to give 30 days for one to appeal the denial, is a long ways from saying there was no discrimination. There has not yet been a decision on the ultimate issue of whether Webster Smith was a victim of racial discrimination. Here it is eight years later and justice has not been done in the Webster Smith Case. If a few of the people in the Department of Homeland Security had been marginally qualified, or had simply performed their jobs properly, this might have ended differently. As it is, the Case of Webster Smith remains An American Tragedy.

http://cgachasehall.blogspot.com/2011/04/american-tragedt-webster-smith-case-is.html
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Brandon Ivey Reclaims The World Heavyweight Black Belt Crown For The USA

 

Meet Brando Ivey the first Heavyweight Black Belt Taekwondo Champion from America since 1986.

Brando Ivey is the first Heavyweight Black Belt Taekwondo Champion from America since 1986. He is a junior at Briar Woods High School in Ashburn, Virginia.

Here he is with his coach, Master Dennis Kim, from the USTigers WTF School of Taekwondo, Haymarket, VA. Last week Brando Ivey represented the USA in the World WTF Taekwondo Championship Tournament in Taipei, Taiwan, Republic of China. He defeated FIVE heavy weight black belt fighters from various countries around the World. It was a single elimination tournament and Brandon went undefeated. All of his fights were razor-edge close. The final match was a sudden death overtime match against Hamza Kattan of Jordan. Brandon won the match 5-4. His opponents were champions from the republic of the Philippines, Azerbaijzan, Spain, Russia, and Jordan. CONGRATULATIONs to Brandon. He is only 16 years old and a “master of his game”.

Listen to the Brandon Ivey interview after winning the championship  http://vimeo.com/89990145

 https://www.youtube.com/watch?v=Q4VsQFy7en4

 https://www.youtube.com/watch?v=F2R4i05t0T8

https://www.facebook.com/photo.php?v=10152043623422671&set=vb.91230807670&type=2&theater

The number one athlete in the world has always been recognized as the Heavyweight Boxing Champion of the World. Every other major sport is a team sport. In basketball there are five men on a team who can play at one time. Baseball has nine players, football has eleven players, and soccer has eleven players on the field competing at one time. In boxing there is only one. It is one against one, head to head and toe to toe; and may the best man win. Boxers fight with their fists, but Taekwondo fighters use both their hands and feet. Full contact Taekwondo fighting is closer to boxing than any other sport in the world. Taekwondo tournament fighters are amateurs and do not get paid, whereas professional boxers are professionals and make large sums of money. Beyond that they are similar in many respects.
Brandon was successful because of his mental approach to his sport, Taekwondo. He is a fierce competitor and has mastered a winner’s mindset, which he began to develop at a very young age with the help of his long time coach, Master Dennis Kim.
Brandon had a compelling reason for continuously working hard and sacrificing on a daily basis. When Brandon was only 7 years old, Master Dennis taught him to set and write down his specific goals. He said he wanted to be the Champion of the World.
Master Dennis tells all of his fighters at the USTigers Taekwondo School that there is absolutely no substitute for consistent, daily, hard work! You can’t just work hard whenever you feel like it. It can’t be a sometimes thing! It has to be an every day thing. This is true in all sports, but especially so in combative sports, like Taekwondo. To become a champion you  have to train yourself to continuously step outside of your comfort zone, physically, mentally and emotionally. Brandon Ivey was able to do this. Whenever he trained, he didn’t just mindlessly go through the motions. He focused on making sure his kicking and punching techniques were precise. Master Dennis believes that one must perform a technique ,at least, one thousand times to learn it, and ten thousand times to perfect it. Only then can you say that you have mastered it.
Master Dennis says that part of the reason for Brandon’s success is that he has ice water in his veins and he thoroughly believes in himself.  One thing that separates really great athletes from everyone else is that no matter what happens and no matter how many failures or setbacks they suffer, they never stop believing in themselves.
It is impossible for a fighter to fight his best when it counts the most if he or she gets too nervous before the fight. Anything more than a case of minor butterflies in the stomach is not good. One can be the best coached, the best conditioned, the strongest, fastest and most talented fighter in the match, but if you cannot control the pre-fight nervousness, you are not going to win. Brandon has never suffered from pre-fight juitters. He has learned to maintain his composure under pressure. In a few of his fights when he was behind on points and the time clock was running out, Brandon remained as cool as a cucumber, and he managed to win the fight.

 

Brandon Ivey

USA Taekwondo

Height: 6-0
Weight: 168 lbs.
High School: Briar Woods High School (Ashburn, Va.)
Year of Graduation: 2015
Coach: Dennis Kim

AWARDS:
2013 USAT Junior Male Athlete of the Year

Other Sports Played in High School: football

Hobbies: computers
MAJOR COMPETITION RESULTS:
2014  USA Taekwondo Junior National Team Trials (men’s heavy): FIRST
2014  U.S. Junior National Team member (Heavy)

2013  USAT National Championships (Jr. Heavy): GOLD
2013  USAT Junior National Team Member (Heavy)

2012 
World Junior Championships (Jr. Lt. Heavy): Round of 16
-lost to Nikos Karamangiolis (GER), 5-2, in Round of 16
2012  U.S. Open (Jr. Lt. Heavy): SILVER
-def. Zeph Putnam (USA), 3-2, in quarterfinals
-def. Jacob Bolanos (USA), 9-4, in semifinals
-lost to Misael Lopez Jaramillo (MEX), 7-4, in finals

2012  Junior World Championships Team Member (Jr. Lt. Heavy)
2012 
Junior World Championships Open Team Trials (Jr. Lt. Heavy): 1st

IVEY,
Brandon

United States of America
TaekwondoData Person-ID: 23755N

United States of America

FIGHTER

Stats*

  • 14 registered fights, fighter won 11 out of them. That’s a rate of 78.6%
  • 80 hitpoints distributed and 51 collected during fights.
  • Won 2 golden point(s) and lost 0.
  • Participated at 6 tournaments, 6 with international and 0 with national valuation.
* These data may not be used to assessing an athlete, as the level of the tournament (national / international, etc.) is not considered. Calculated on the basis of all available data.

Career Ranking

livetime ranking of all international fighters
Brandon is on place 1.625 with 74 points.

Saison Ranking

Ranking calculated: 10.04.2014 21:57:38
Categorie Weightclass Ranking Points
youth male -73 1.188
youth male -78 29.344
youth male +78 55.126

Results

Results international

result year tournament city weight category
bronze 3. 2011 US Open Austin +78 youth international 1.50 0
silver 2. 2012 US Open Las Vegas -78 youth international 2.50 0
PAR 2012 World Championships Sharm El-Sheikh -78 youth international 5.00 2
gold 1. 2013 US Open Las Vegas +78 youth international 3.50 0
silver 2. 2013 Pan American Championships Queretaro +78 youth international 10.00 4
gold 1. 2014 World Championships Taipai City +78 youth international 35.00 10

Rivals and results

Rivals and results international

winner points looser

2012

US Open,
-78 youth
1/02-Finale IVEY, Brandon 9 : 4 BOLANOS, Jacob
1/01-Finale LOPEZ JARAMILLO, Misael 7 : 4 IVEY, Brandon
World Championships,
-78 youth
Trainer / Coches:
MORENO, Juan Miguel
1/16-Finale IVEY, Brandon 5 : 2 KATTAN, Ahmad
1/08-Finale KARAMANGIOLIS, Nikos 5 : 2 IVEY, Brandon

 

In 2013 at the US Open these were the fight results

+78 youth
1/02-Finale IVEY, Brandon 12 : 10 STEWART, Jordan
1/01-Finale IVEY, Brandon 5 : 3 LI, Yanfeng
Pan American Championships,
+78 youth
1/04-Finale IVEY, Brandon 8 : 6 POGONZA, Javier
1/02-Finale IVEY, Brandon 17 : 1 SENA DENICOLA, Cesar Augusto
1/01-Finale LOPEZ JARAMILLO, Misael 1 : 0 IVEY, Brandon

At the 2014  World Championships In Taiwan, China these were the points scored in the Finals

+78 youth
1/16-Finale IVEY, Brandon 6 : 5 ALEJANDRO, Joel Felipe
1/08-Finale IVEY, Brandon 4 : 2 KANAMATOV, Magomedrasul
1/04-Finale IVEY, Brandon 1 : 0 GARCIA VAZQUEZ, Victor
1/02-Finale IVEY, Brandon 6 : 5 KHADEEV, Emil
1/01-Finale IVEY, Brandon 1 : 0 KATTAN, Hamza

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Travesty? Mockery? Justice? Was It Worth It?

 (Brig Gen. Jeff Sinclair as he arrives to the Fort Bragg courthouse, for his sentencing hearing, Wednesday, March 19, 2014, in Fort Bragg, N.C. Sinclair, who was accused of sexually assaulting a subordinate, plead guilty to lesser charges in a plea deal reached with government prosecutors.)

Disgraced Army general, Jeffrey A. Sinclair, gets $20,000 fine, no jail time.

 (FORT BRAGG, NC – MARCH 17: Brig. Gen. Jeffrey Sinclair leaves the Fort Bragg Courthouse after sexual assault charges against him were dropped after he plead to lesser charges March 17, 2014 in Fort Bragg, North Carolina. Sinclair, a former deputy commander with the 82nd Airborne Division, has admitted to an extramarital affair with a junior officer. “Unlawful command influence” caused a delay in the trial last week.) (Photo by Davis Turner/Getty Images)

 

Army Brig. Gen. Jeffrey Sinclair carried on a three-year affair with a captain and had two other inappropriate relationships with subordinates. He was reprimanded and fined $20,000 in pay. He will not serve any jail time.

 

 Coast Guard Academy Cadet Webster Smith had consensual sex with a confidant and girl friend; he received six months jail time and a bad conduct discharge. Is it fair? Is that what we call “equal protection of the law”? It was an American Tragedy. It was a mockery of justice. It was a case that will live in infamy. It was a travesty!

(Read all about The Webster Smith Case at http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-Conviction/dp/1460978021/ref=la_B006WQKFJM_1_1?s=books&ie=UTF8&qid=1395709342&sr=1-1)

Admiral Thad W. Allen, Commandant of the Coast Guard, speaking at the Academy on 8 September 2006 did not mention the Webster Smith Case. But, talking with reporters afterward, Allen said THE PROCESS used to deal with the issue worked as it should.

Apparently, Commandant Allen did not know that the System was stalled. He did not seem to be aware that his fellow Admiral, the Superintendent, was stonewalling the System.

(Read more at http://cgachasehall.blogspot.com/2006/10/admiral-van-sice-has-no-respect-for.html)

 

 

 

 

 Army Brig. Gen. Jeffrey Sinclair admitted carrying on a prolonged, turbulent affair with an officer under his direct command and having improper relationships with two other women was reprimanded and fined $20,000 by a military judge Thursday March 20th.
To his visible relief, however, Brig. Gen. Jeffrey A. Sinclair was spared a jail sentence. The decorated combat veteran hugged his lawyers and friends after his sentence was imposed by Col. James Pohl, the military judge who oversaw his court-martial at Fort Bragg, N.C.

 

The system worked. I’ve always been proud of my Army,” Sinclair told reporters. “All I want to do now is go north and hug my kids and wife.”

 

 

Yes, the System worked. That sounds awfully like what Admiral Thad Allen said about the court-martial of Cadet Webster Smith when he was interviewed at the United states Coast Guard Academy after the first court-martial of a cadet in Coast Guard history.
The big question is “for whom’? For whom did the System work? It works a lot better for some than for others.
The Defense Department’s failure so far to change the military’s male-dominated culture is driving a vocal group of mainly female lawmakers led by Sen. Kirsten Gillibrand, D-N.Y., to advocate aggressive reforms.

(Senator Kirsten Gilllibrand, D-N.Y.)
Tinkering at the edges, they argue, won’t produce the seismic shift needed to send the message that sexist attitudes and behaviors will no longer be tolerated. Victims need to be confident that if they report a crime their allegations won’t be discounted and they won’t face retaliation.

For two years, Sinclair’s court-martial had made him the public face of the military’s struggle to prevent and police sexual misconduct in the ranks. He was only the third Army general to face court-martial in 60 years, a measure that critics called emblematic of the military’s reluctance to hold senior commanders accountable for all kinds of wrongdoing.
Although Sinclair was pleased with the outcome, his chief accuser and some advocacy groups for sex-crime victims expressed deep disappointment. Rep. Jackie Speier (D-Calif.) called the sentence “a mockery of military justice” and a “laughable punishment.
Sinclair was originally charged with crimes that could have landed him in prison for life.
His accuser, a much younger female captain who served on his staffs in Iraq and Afghanistan, reported in March 2012 that she had been the married general’s lover for three years. She also said that he had sexually assaulted her on two occasions and once threatened to kill her and her family if she told anyone about the affair.
The Army prosecuted Sinclair for those offenses for nearly two years, but suddenly dropped the charges this month and cut a plea deal with the general after prosecutors admitted they had doubts about the reliability of the general’s mistress. Their hand was also forced after the judge ruled that there was evidence the Army had allowed politics and external considerations to influence its handling of the case.
In the end, Sinclair pleaded guilty to adultery, maltreatment of his accuser and two other improper relationships. He also admitted to making derogatory comments about women and, when challenged by his staff, replying: “I’m a general, I’ll say whatever the [expletive] I want.”
The accuser’s attorney, Jamie Barnett, a retired Navy rear admiral, said she was “obviously devastated” that Sinclair’s sentence wasn’t more severe.
“It’s a terrible outcome, and by failing to render justice today, the Army’s going to face the reality that this could happen again,” said Barnett, now a lawyer in private practice. “It’s really beyond disappointing. It’s a travesty for the Army and military justice in general.”

Coincidentally, Sinclair was sentenced on the same day that another high-profile sexual assault prosecution in the military collapsed.
In that case, a military judge at the Washington Navy Yard found a former Navy football player not guilty of sexually assaulting a female classmate at an April 2012 party. The Navy had originally charged two other midshipmen in the same incident but later cleared both as the case slowly crumbled.
In the past, military leaders have been criticized for not taking sex abuse allegations seriously and for mistreating victims. But in the courts-martial that culminated Thursday, the evidence of sexual assault rested largely on the testimony of the accusers, both of whom struggled to give a consistent and clear account.
Advocacy groups for sexual-assault victims were quick to seize on the outcomes as another sign that the military justice system is ill-equipped to handle such cases.
Nancy Parrish, the president of Protect our Defenders, said the results would discourage other members of the military from coming forward to report sex crimes.
“The military’s promises of ‘zero tolerance’ for sexual offenses continues to ring hollow as yet another high ranking official is let off the hook,” she said of the Sinclair case. “It has been long known within the military that General Sinclair conducted himself in outrageous and inappropriate, even unlawful ways. His behavior was not addressed until this victim came forward.”
Sinclair’s attorney, Richard Scheff, retorted that people who thought the general got away with a light sentence were ignoring the facts. “Critics of this ruling who weren’t in court and haven’t seen the evidence have no idea what they’re talking about.”
Sinclair admitted the affair but vigorously denied assaulting or threatening the woman. His lawyers portrayed her as a jealous mistress who spoke out after she read suggestive e-mails he had sent to other women, and because he refused to divorce his wife.
He could be punished further financially. His attorneys have said they expect he will have to retire from the Army at a lower rank, which would diminish his pension benefits.
Rear Adm. John Kirby, the Pentagon’s chief spokesman, declined to comment on Sinclair’s sentence. But he acknowledged that the military needed to do more to deter and prosecute sex crimes.
We know we need to get better. We know that there are changes that need to continue to be made,” Kirby told reporters. “Our focus is on making sure victims have the confidence to report and that those who are proven guilty of a crime are held accountable.”

(By Craig Whitlock. Ernesto Londoño contributed.)

APPENDIX I. Background on the handling of this case.

FORT BRAGG, N.C. — It was an illicit and volatile love affair that spanned two war zones and four countries. The married general couldn’t stay away from a captain on his staff. She fell hard for her boss and called him “Poppa Panda Sexy Pants.” The three-year entanglement ended disastrously for both, at a time that could not be worse for the Army.
All the raw and sordid details are spilling out in an austere military courthouse here, where the Army is girding — for only the third time in half a century — to court-martial one of its generals.

(Uncredited/AP) – Brig. Gen. Jeffrey A. Sinclair faces court martial on charges that include forcible sodomy and adultery.

Video

<caption> Brigadier General Jeffrey Sinclair is accused of sexually assaulting a female captain and inappropriately communicating with three others. </caption>

Brigadier General Jeffrey Sinclair is accused of sexually assaulting a female captain and inappropriately communicating with three others.

 

Brig. Gen. Jeffrey A. Sinclair, an Army Ranger and paratrooper, stands accused of forcible sodomy, adultery and other charges that could land him in prison. Prosecutors say he abused his command authority by sleeping with a subordinate officer, a taboo in the armed forces and a violation of military law.
They charge that the relationship turned violent on two occasions, when he allegedly forced her to perform oral sex.
In addition, Sinclair faces charges that he had inappropriate communications with three other female officers.
Sinclair has pleaded not guilty to all charges. Besides the rare spectacle of a general in the dock, however, the case poses a critical test of how the U.S. military handles allegations of sexual assault and misconduct, crimes that have long bedeviled the armed forces.
Congress and President Obama have demanded a crackdown, alarmed by a recent string of scandals and frank admissions by military leaders that they have systematically failed to address the problem.
A growing faction of lawmakers is pushing to rewrite the underpinnings of military law by giving power to uniformed prosecutors, instead of commanders, to oversee investigations of sexual abuse and other serious crimes. The Pentagon is resisting, arguing that commanders must retain the authority to enforce order and discipline in their units.
The last Army general to face court-martial was Brig. Gen. Roger B. Duff, who pleaded guilty in June 2012 to making false official statements and wearing unauthorized decorations. The Army did not publicly disclose that Duff had been court-martialed until months later, when Sinclair was charged.
In 1999, Maj. Gen. David R.E. Hale pleaded guilty at court-
martial after he was accused of committing adultery with the wives of four subordinates. He was fined and demoted. Before that, no Army general had faced court-martial since 1952, when Maj. Gen. Robert W. Grow, a military attache in Moscow, was suspended and reprimanded on charges of dereliction of duty.
Given the intense debate in Congress over possible far-reaching changes to military law, all sides are intently watching how Sinclair’s court-martial plays out. It is scheduled to begin Sept. 30 after months of evidentiary hearings and pretrial wranglings that have foreshadowed what is at stake.
Last week, the Army finished selecting a jury of five major generals, all men, who will determine Sinclair’s fate. Under military law, each juror must be senior in rank to the defendant. More than 40 generals were summoned to Fort Bragg from around the world to be interviewed. Most were rejected because they knew Sinclair or other key potential witnesses.
During jury selection, lawyers for both sides acknowledged the heavy political pressures swirling around the case.
They asked the potential jurors if they were worried that they might be passed over for promotion if they reached an unpopular verdict. They also questioned whether the generals could resist outside influences, such as Obama’s angry comments in May, when he demanded that military sex abusers be “prosecuted, stripped out of their positions, court-martialed, fired, dishonorably discharged — period.”
Virtually all the generals said that sexual assault is a serious problem in the ranks and that they had previously heard about the charges against Sinclair. One revealed that he had attended an Army-mandated training session on sexual assault prevention in which Sinclair was depicted as a case study in bad behavior.
Another commander, Maj. Gen. Kendall W. Penn of the 1st Army, candidly recalled what he thought when he first read news accounts of the case. “My general reaction was, this is going to be a black eye on the Army,” he said. He was later culled from the jury pool.
Retired Maj. Gen. Charles J. Dunlap Jr., a Duke University law professor and a former deputy judge advocate general for the Air Force, said the atmosphere surrounding sexual assault cases in the military has become “hyper-politicized.”
He said that Sinclair could receive a fair trial but that the five jurors will have to “exercise moral courage in a way they’ve perhaps never been asked to do before in a military justice setting.”

Final straw
Although Sinclair has pleaded not guilty, his attorneys acknowledge that he carried on an affair with a subordinate officer 17 years his junior. The Washington Post generally does not name alleged sex-crime victims.
During a pretrial hearing last year, the woman testified that the pair had sex in the general’s quarters in Iraq, in her car in a German parking lot, in plain sight on a hotel balcony in Arizona and in her cramped office in Afghanistan, among other places. Some soldiers wondered and snickered about their relationship, but nobody reported it.
The depth of their passion might have remained hidden if the general and the captain hadn’t bombarded each other with explicit text messages. Defense attorneys have read many out loud in court.
“You are my heart and world you beautiful magnificent man,” the captain texted the general in September 2011, during one of their tamer exchanges. “I need you and I mean really deeply profusely need you.”
Many of the text messages betray a dark side to the affair — angry accusations from the unmarried captain, as well as threats to kill herself or expose the affair to Sinclair’s superiors. During an evidentiary hearing at Fort Bragg, she testified that they fought continually but usually made up afterward.
“You are going to make me do something really stupid,” she wrote early last year in a typo-filled text. “How about I just [expletive] call [Sinclair’s commander] and have him resolve this, Im sure he will take the time to keep me from being suicidal. I well not let yoy continue to screw me over.”
The final straw came in Kandahar, Afghanistan, in March 2012. The captain was snooping through Sinclair’s e-mail in his office and discovered tender messages to his wife, as well as love notes to another female Army officer.
“I felt so stupid,” the captain testified. “I finally had something to slap me in the face and say, ‘See, he never loved you. He was just using you for sex.’ ”
By her own admission, she flew into a jealous rage. First, she fired off an e-mail to the other female officer, saying, “I hope you don’t think you’re the only girl that he’s sleeping with.”
Later that night, she burst into the office of Maj. Gen. James L. Huggins, then the commander of the 82nd Airborne Division and leader of all U.S. forces in southern Afghanistan. Tears streaming down her face, she spent two hours confessing to the affair, according to court testimony.
That set off a flurry of phone calls and e-mails among senior Army brass, who were stunned but immediately ordered a full investigation that eventually roped in more than 100 witnesses.
The case grew more serious when the captain gave a formal statement accusing Sinclair of sexual assault by forcing her to perform oral sex against her will on two occasions in Afghanistan.
She also asserted that he had once vowed to kill her and harm her family if she ever told his wife about the affair. Sinclair’s attorneys deny that he made the threat.

‘It’s tearing me up’
The Army charged Sinclair with forcible sodomy because of the oral sex allegations. The captain testified that the assaults occurred between December 2011 and February 2012 but said she cannot recall the exact dates.
During an evidentiary hearing in November, she said that she still had feelings for Sinclair and that she had not wanted the Army to charge him with forcible sodomy or a violent crime.
“It’s tearing me up, and in a [expletive] way I still love him, and I don’t want him to be upset with me,” she said. “I know it’s very messed up, but there’s a part of me that wants to believe that he really did love me and that I just misinterpreted his actions.”
Defense attorneys have accused her of making up the assault allegations to save her Army career. They said she first told one confidant that the relationship was entirely consensual but gave investigators a different version after she realized that she, too, could be kicked out of the Army for adultery.
Richard L. Scheff, an attorney for Sinclair, noted that the woman has since been granted immunity by the prosecution. “The evidence in this case is paper-thin,” he said. The captain, he said, has “changed her story again and again.”
Legal representatives for the woman did not respond to a request for comment placed through Army public affairs officials at Fort Bragg.
In an unusual move in the button-down world of military justice, Sinclair has hired four civilian defense lawyers and a national public relations firm, MWW Group. They have created a Web site — sinclairinnocence.com — to dissect the case and challenge the Army.
In an interview, Scheff said the Army “grossly overcharged” his client. Given Washington’s marching orders to the military to get tough on sexual assault, he said, he doubts that any jury could render a fair verdict for Sinclair.
“They’re in the spotlight on this,” he said. “They’re under such enormous pressure to change the culture on sexual assault.”
A Fort Bragg spokeswoman said prosecutors are not permitted to comment on a pending case.

‘It’s draining’
Sinclair also is charged with having inappropriate relations with three other female junior officers.
In combing through his e-mails, investigators found nude photos and flirtatious messages from two of the women but no evidence that he had sex with them. One of those officers testified that she repeatedly avoided meeting him in person, however, because she assumed he wanted to have a tryst.
At the same time, each of the three female officers testified that they admired Sinclair, considered him a mentor and didn’t want to cut off contact. Instead, they frequently sought out the general for career advice and professional favors.
In November, Sinclair’s wife, Rebecca, stunned many in the Army when she wrote an op-ed column in The Washington Post to declare that she was sticking by her husband and that she blamed his infidelity on “the stress of war.”
In an interview this month, Rebecca Sinclair said her husband may be a cheater but not a violent abuser. “I don’t excuse my husband’s bad behavior or bad judgment,” she said. “I never said it’s okay. I said I understand how it could happen.”
Although she has not attended most of the court proceedings, she said she’s still living with the general. “We’re doing the best we can,” she said. “It’s draining.”
 

APPENDIX II  

A Wife Responds

Why I Stand By My Man

When the strains of war lead to infidelity

By Rebecca Sinclair, Published: November 15, 2012

 

 

Rebecca Sinclair is married to Brig. Gen. Jeffrey Sinclair, a former deputy commander of the 82nd Airborne Division in Afghanistan, who is being tried at Fort Bragg, N.C., on charges including adultery and sexual misconduct.

Like most Americans, I’ve been unable to escape the current news cycle regarding several high-ranking military generals entangled in sex scandals. Unlike most Americans, however, for me the topic is personal. My husband, Brig. Gen. Jeffrey Sinclair, is one of the officers.
Spectators will try to make this scandal about many things: the arrogance of powerful men; conniving mistresses; the silent epidemic of sexual assault in the armed services. But these explanations obscure an underlying problem: the devastating influence of an open-ended war — now in its 11th year — on the families of U.S. service members.

 

Gallery

Video

<caption> Ann Telnaes cartoon: Petreaus case reveals reach of nation’s surveillance programs. </caption>

Ann Telnaes cartoon: Petreaus case reveals reach of nation’s surveillance programs.

 

 

 

Let me first address the elephant in the room. My husband had an affair. He violated our marriage vows and hurt me tremendously. Jeff and I are working on our marriage, but that’s our business.
Jeff also needs to answer to the Army. That is his business, not mine, and he accepts that. I believe in and support him as much as ever.
I wish I could say that my husband was the only officer or soldier who has been unfaithful. Since 2001, the stress of war has led many service members to engage in tremendously self-destructive behavior. The officer corps is plagued by leaders abandoning their families and forging new beginnings with other men and women. And many wives know about their husbands’ infidelity but stay silent.
For military wives, the options are bad and worse. Stay with an unfaithful husband and keep your family intact; or lose your husband, your family and the financial security that comes with a military salary, pension, health care and housing. Because we move so often, spouses lose years of career advancement. Some of us spend every other year as single parents. We are vulnerable emotionally and financially. Many stay silent out of necessity, not natural passivity.
In many ways, ours is a typical military story. Jeff and I married 27 years ago. While he rose through the officer corps, I earned my bachelor’s and master’s degrees and taught at community colleges in the places where we were stationed. We later had children.
Since 2001, the wars in Iraq and Afghanistan have destabilized our life. We have moved six times in 11 years. On average, our kids change schools every two years. Between five deployments, site surveys and training operations, Jeff has spent more than six of the past 10 years away from his family.
None of this is meant to excuse infidelity. I expected more of Jeff, and I think he expected more of himself. But we’re fooling ourselves if we don’t recognize the larger reality. My friends who are married to other combat leaders have been my anchor during this crisis. We understand that our soldiers may come home disfigured or injured in such a way that we will become lifelong caregivers. We also understand that they may not come home at all, and if blessed with a reunion, they may carry emotional baggage few could understand. My friends know that it could have been their heartbreak as much as mine. This is the only time in U.S. history that our nation has fought a decade-long war with a volunteer Army. Doing so has consequences. Nothing good can come of families being chronically separated for a decade or more.
Jeff’s case has its own complications. He was involved with a woman who confessed to a superior officer. As a servicewoman, she stood to be charged with criminal conduct under the military code of justice. She alleged sexual assault, and no such allegation should ever go unanswered. We are confident that the charges will be dropped. Hundreds of text messages and journal entries came to light in pretrial hearings last week that establish the affair was consensual. The woman in question admitted under oath that she never intended to have Jeff charged, and Jeff has passed a polygraph test. Ironically, if Jeff had decided to leave his family he would be in the clear.
There are many accusations against Jeff, some of which have already fallen apart. Jeff has been charged with possessing alcohol in a combat zone; a visiting dignitary gave him a bottle of Scotch that remained unopened on a bookshelf. His personal computer was used to access pornography; time stamps and Army records show that he was out of the country or city when most of the files were downloaded. We expect those charges, too, to be dismissed.
But the damage has been done. It will take years for Jeff to shed the false image of a hard-drinking, porn-dependent aggressor. The other generals will also struggle to rehabilitate reputations they spent decades building. All of these men are human beings, with strengths and fallibilities, and they have families who are under real strain. How we address this strain will say much about what kind of country we are; it will also determine how stable and strong our military is.

 

Categories: Military Justice | Tags: , , , , , , | Leave a comment

More Coast Guard Cadets Under Investigation For Sexual Misconduct

New London — A cadet at the U.S. Coast Guard Academy (USCGA) is accused of breaking into a dorm room and sexually abusing another cadet.

An Academy spokesman said the alleged incident occurred in mid-September in the Chase Hall barracks.

The accused cadet is suspected of violating Articles 120, 130 and 134 of the Uniform Code of Military Justice (UCMJ), the military’s criminal code, which prohibit abusive sexual contact, housebreaking and unlawful entry. The charges were preferred, or formally initiated, and then served to the accused on Monday, February 3, 2014. (See below for specific elements of the offenses.)

A military attorney, or judge advocate general, will now conduct an Article 32 investigation to determine whether there is enough evidence to warrant a court-martial.

The Academy would not identify the gender of either cadet involved. Capt. Eric C. Jones, the academy’s assistant superintendent, said that while Article 120 includes rape, in this case, “the alleged offense is not rape.”

The academy is sending the accused off campus to work at another Coast Guard unit while the process moves forward, Jones said in an interview Tuesday, February 4. The alleged victim is taking classes and using the support services on campus.

Rear Adm. Sandra L. Stosz, the academy superintendent, decided to proceed with the Article 32 investigation, Jones said.

This type of investigation has often been compared to grand jury proceedings in the civilian judicial system since both are concerned with determining whether there is sufficient probable cause to believe a crime was committed and whether the person accused of the crime committed it. The military investigation, however, is broader in scope and more protective of the accused.

Jones did not release the names of the cadets or many details about the alleged incident, citing the fact that the investigation is ongoing. The Coast Guard Investigative Service (CGIS) conducted the initial investigation.

Jones added that the Academy is concerned with protecting the rights of the victim and the accused and ensuring the legal process is fair.

“I ask everyone to be patient and not to engage in supposition and rumors,” he said. “As soon as it gets to the point where it’s appropriate to release information directly to the public about the case, we’ll be ready to do that.” An Article 32 hearing is a public hearing.

The only cadet ever court-martialed at the Coast Guard Academy was tried on sexual assault charges in 2006. Webster M. Smith was convicted on extortion, sodomy and indecent-assault charges and acquitted of rape.

(The Webster Smith Case was appealed all the way to the U. S. Supreme Court. It is fully documented in a book entitled “Conduct Unbecoming An Officer and a Lady” available on Amazon.com http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-Conviction/dp/1460978021 )

The Article 32 investigating officer (IO) in this case could recommend that the alleged offenses be dismissed, dealt with administratively, or referred for trial by court-martial. Stosz, as the convening authority, will decide which path to take.

Jones said he is hoping for a decision within one to three months, but there are legal processes that could extend that timeline. (By Jennifer McDermott)

j.mcdermott@theday.com

(CGA cadet accused of sexually abusing another cadet,McDermott J.,The Day, Military News, Feb 05, 2014) 

(ADDITIONAL EXPLANATORY INFORMATION)

Note: As part of the FY 2006 Military Authorization Act, Congress amended Article 120 of the Uniform Code of Military Justice (UCMJ), effective for offenses occurring on and after October 1, 2007. Article 120 was formerly known as “Rape and carnal knowledge,” but is now entitled “Rape, sexual assault, and other sexual misconduct.”

The new Article 120 creates 36 offenses. These 36 offenses replace those offenses under the former Article 120 and others that used to be MCM offenses under Article 134 (the “General” Article).

The new Article 120 replaces the following Article 134 offenses:

The UCMJ change also amends two Article 134 offenses:

(1) Indecent language communicated to another – other than when communicated in the presence of a child – remains punishable under Article 134. If the language was communicated in the presence of a child, then it is an Article 120 offense.

(2) Pandering (having someone commit an act of prostitution) is still an offense under Article 134, but if the pandering is “compelled,” it becomes an Article 120 offense.

ELEMENTS OF THE OFFENSE

Rape

By using force: That the accused caused another person, who is of any age, to engage in a sexual act by using force against that other person.

By causing grievous bodily harm: That the accused caused another person, who is of any age, to engage in a sexual act by causing grievous bodily harm to any person.

By using threats or placing in fear: That the accused caused another person, who is of any age, to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another unconscious: That the accused caused another person, who is of any age, to engage in a sexual act by rendering that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

      (i) That the accused caused another person, who is of any age, to engage in a sexual act by administering to that other person a drug, intoxicant, or other similar substance;
      (ii) That the accused administered the drug, intoxicant or other similar substance by force or threat of force or without the knowledge or permission of that other person; and
      (iii) That, as a result, that other person’s ability to appraise or control conduct was substantially impaired.

Aggravated sexual assault

By using threats or placing in fear:

      (i) That the accused caused another person, who is of any age, to engage in a sexual act; and
    (ii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping).

By causing bodily harm:

      (i) That the accused caused another person, who is of any age, to engage in a sexual act; and
    (ii) That the accused did so by causing bodily harm to another person.

Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness:

      (i) That the accused engaged in a sexual act with another person, who is of any age; and (Note: add one of the following elements)
      (ii) That the other person was substantially incapacitated;
      (iii) That the other person was substantially incapable of appraising the nature of the sexual act;
      (iv) That the other person was substantially incapable of declining participation in the sexual act; or
      (v) That the other person was substantially incapable of communicating unwillingness to engage in the sexual act.

Aggravated sexual contact

By using force:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by using force against that other person.

By causing grievous bodily harm:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by causing grievous bodily harm to any person.

By using threats or placing in fear:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another unconscious:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by rendering that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
      (iii) (a) That the accused did so by administering to that other person a drug, intoxicant, or other similar substance;
      (b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that other person; and
      (c) That, as a result, that other person’s ability to appraise or control conduct was substantially impaired.

Abusive sexual contact

By using threats or placing in fear:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping).

By causing bodily harm:

      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and
    (iii) That the accused did so by causing bodily harm to another person.
      (i) That the accused engaged in sexual contact with another person; or
      (ii) That the accused caused sexual contact with or by another person; and (Note: add one of the following elements)
      (iii) That the other person was substantially incapacitated;
      (iv) That the other person was substantially incapable of appraising the nature of the sexual contact;
      (v) That the other person was substantially incapable of declining participation in the sexual contact; or
      (vi) That the other person was substantially incapable of communicating unwillingness to engage in the sexual contact.

Wrongful sexual contact

      (a) That the accused had sexual contact with another person;
      (b) That the accused did so without that other person’s permission; and
      (c) That the accused had no legal justification or lawful authorization for that sexual contact.

Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness:

Indecent act

      (a) That the accused engaged in certain conduct; and
    (b) That the conduct was indecent conduct.

Indecent exposure

      (a) That the accused exposed his or her genitalia, anus, buttocks, or female areola or nipple;
      (b) That the accused’s exposure was in an indecent manner;
      (c) That the exposure occurred in a place where the conduct involved could reasonably be expected to be viewed by people other than the accused’s family or household; and
    (d) That the exposure was intentional.

Aggravated sexual abuse of a child

      (a) That the accused engaged in a lewd act; and
    (b) That the act was committed with a child who has not attained the age of 16 years.

Forcible pandering

      (a) That the accused compelled a certain person to engage in an act of prostitution; and
    (b) That the accused directed another person to said person, who then engaged in an act of prostitution.

Note: If the act of prostitution was not compelled, but “the accused induced, enticed, or procured a certain person to engage in an act of sexual intercourse for hire and reward with a person to be directed to said person by the accused,” see Article 134.

DEFINITIONS

Sexual act. The term ‘sexual act’ means —

(A) contact between the penis and the vulva, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or

(B) the penetration, however slight, of the genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

Sexual contact. The term ‘sexual contact’ means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person.

Grievous bodily harm. The term ‘grievous bodily harm’ means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in Article 128, and a lesser degree of injury than in section 2246(4) of title 18.

Dangerous weapon or object. The term ‘dangerous weapon or object’ means —

(A) any firearm, loaded or not, and whether operable or not;

(B) any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used, or is intended to be used, is known to be capable of producing death or grievous bodily harm; or

(C) any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be capable of producing death or grievous bodily harm.

Force. The term ‘force’ means action to compel submission of another or to overcome or prevent another’s resistance by —

(A) the use or display of a dangerous weapon or object;

(B) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to believe it is a dangerous weapon or object; or

(C) physical violence, strength, power, or restraint applied to another person, sufficient that the other person could not avoid or escape the sexual conduct.

Threatening or placing that other person in fear.The term ‘threatening or placing that other person in fear’ for the charge of ‘rape’ or the charge of ‘aggravated sexual contact’ means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to death, grievous bodily harm, or kidnapping.

Threatening or placing that other person in fear. In general. The term ‘threatening or placing that other person in fear’ for the charge of ‘aggravated sexual assault, or the charge of ‘abusive sexual contact’ means a communication or action that is of sufficient consequence to cause a reasonable fear that noncompliance will result in the victim or another being subjected to a lesser degree of harm than death, grievous bodily harm, or kidnapping.

Inclusions. Such lesser degree of harm includes —

      (i) physical injury to another person or to another person’s property; or
      (ii) a threat —
      (I) to accuse any person of a crime;
      (II) to expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
    (III) through the use or abuse of military position, rank, or authority, to affect or threaten to affect, either positively or negatively, the military career of some person.

Bodily harm. The term ‘bodily harm’ means any offensive touching of another, however slight.

Child. The term ‘child’ means any person who has not attained the age of 16 years.

Lewd act. The term ‘lewd act’ means —

(A) the intentional touching, not through the clothing, of the genitalia of another person, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(B) intentionally causing another person to touch, not through the clothing, the genitalia of any person with an intent to abuse, humiliate or degrade any person, or to arouse or gratify the sexual desire of any person.

Indecent liberty. The term ‘indecent liberty’ means indecent conduct, but physical contact is not required. It includes one who with the requisite intent exposes one’s genitalia, anus, buttocks, or female areola or nipple to a child. An indecent liberty may consist of communication of indecent language as long as the communication is made in the physical presence of the child. If words designed to excite sexual desire are spoken to a child, or a child is exposed to or involved in sexual conduct, it is an indecent liberty; the child’s consent is not relevant.

Indecent conduct. The term ‘indecent conduct’ means that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations. Indecent conduct includes observing, or making a videotape, photograph, motion picture, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material, without another person’s consent, and contrary to that other person’s reasonable expectation of privacy, of —

(A) that other person’s genitalia, anus, or buttocks, or (if that other person is female) that person’s areola or nipple; or

(B) that other person while that other person is engaged in a sexual act, sodomy (under Article 125 ), or sexual contact.

Act of prostitution. The term ‘act of prostitution’ means a sexual act, sexual contact, or lewd act for the purpose of receiving money or other compensation.

Consent. The term ‘consent’ means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused’s use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. A person cannot consent to sexual activity if —

(A) under 16 years of age; or

(B) substantially incapable of —

(i) appraising the nature of the sexual conduct at issue due to —

(I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or

(II) mental disease or defect which renders the person unable to understand the nature of the sexual conduct at issue;

(ii) physically declining participation in the sexual conduct at issue; or

(iii) physically communicating unwillingness to engage in the sexual conduct at issue.

Mistake of fact as to consent. The term ‘mistake of fact as to consent’ means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct consented. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances. To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that the other person consented. Additionally, the ignorance or mistake cannot be based on the negligent failure to discover the true facts. Negligence is the absence of due care. Due care is what a reasonably careful person would do under the same or similar circumstances. The accused’s state of intoxication, if any, at the time of the offense is not relevant to mistake of fact. A mistaken belief that the other person consented must be that which a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense.

MAXIMUM PUNISHMENTS

Rape and Rape of a Child: Dishonorable Discharge, death or confinement for Life, and forfeiture of all pay and allowances.

Aggravated Sexual Assault: Dishonorable Discharge, confinement for 30 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Assault of a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Abuse of a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Contact:Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Contact with a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Abusive Sexual Contact with a Child:Dishonorable Discharge, confinement for 15 yrs, and forfeiture of all pay and allowances.

Indecent Liberty with a Child: Dishonorable Discharge, confinement for 15 yrs, and forfeiture of all pay and allowances.

Abusive Sexual Contact: Dishonorable Discharge, confinement for 7 yrs, and forfeiture of all pay and allowances.

Indecent Act: Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.

Forcible Pandering:Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.

Wrongful Sexual Contact:Dishonorable Discharge, confinement for 1 yr, and forfeiture of all pay and allowances.

Indecent Exposure: Dishonorable Discharge, confinement for 1 yr, and forfeiture of all pay and allowances.

Article 130—Housebreaking

Text.

“Any person subject to this chapter who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.”

Elements.

(1) That the accused unlawfully entered a certain building or structure of a certain other person; and

(2) That the unlawful entry was made with the intent to commit a criminal offense therein.

Explanation.

(1) Scope of offense. The offense of housebreaking is broader than burglary in that the place entered is not required to be a dwelling house; it is not necessary that the place be occupied; it is not essential that there be a breaking; the entry may be either in the night or in the daytime; and the intent need not be to commit one of the offenses made punishable under Articles 118 through 128.

(2) Intent. The intent to commit some criminal offense is an essential element of housebreaking and must be alleged and proved to support a conviction of this offense. If, after the entry the accused committed a criminal offense inside the building or structure, it may be inferred that the accused in-tended to commit that offense at the time of the entry.

(3) Criminal offense. Any act or omission which is punishable by courts-martial, except an act or omission constituting a purely military offense, is a “criminal offense.”

(4) Building, structure. “Building” includes a room, shop, store, office, or apartment in a building. “Structure” refers only to those structures which are in the nature of a building or dwelling. Examples of these structures are a stateroom, hold, or other compartment of a vessel, an inhabitable trailer, an in-closed truck or freight car, a tent, and a houseboat. It is not necessary that the building or structure be in use at the time of the entry.

(5) Entry. See paragraph 55c(3).

(6) Separate offense. If the evidence warrants, the intended offense in the housebreaking specification may be separately charged.

Lesser included offenses.

(1) Article 134—unlawful entry

(2) Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

UCMJ Article 134—General article

“Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”

Elements.

The proof required for conviction of an offense under Article 134 depends upon the nature of the misconduct charged. If the conduct is punished as a crime or offense not capital, the proof must establish every element of the crime or offense as required by the applicable law. If the conduct is punished as a disorder or neglect to the prejudice of good order and discipline in the armed forces, or of a nature to bring discredit upon the armed forces, then the following proof is required:

    (1) That the accused did or failed to do certain acts; and
    (2) That, under the circumstances, the accused’s conduct was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation.

(1) In general. Article 134 makes punishable acts in three categories of offenses not specifically covered in any other article of the code. These are referred to as “clauses 1, 2, and 3” of Article 134. Clause 1 offenses involve disorders and neglects to the prejudice of good order and discipline in the armed forces. Clause 2 offenses involve conduct of a nature to bring discredit upon the armed forces. Clause 3 offenses involve noncapital crimes or offenses which violate Federal law including law made applicable through the Federal Assimilative Crimes Act, see subsection (4) below. If any conduct of this nature is specifically made punishable by another article of the code, it must be charged as a violation of that article. See subparagraph (5)(a) below. How-ever, see paragraph 59c for offenses committed by commissioned officers, cadets, and midshipmen.

(2) Disorders and neglects to the prejudice of good order and discipline in the armed forces (clause 1).

      (a)

To the prejudice of good order and discipline

      . “To the prejudice of good order and discipline” refers only to acts directly prejudicial to good order and discipline and not to acts which are preju dicial only in a remote or indirect sense. Almost any irregular or improper act on the part of a member of the military service could be regarded as prejudicial in some indirect or remote sense; however, this article does not include these distant effects. It is con-fined to cases in which the prejudice is reasonably direct and palpable. An act in violation of a local civil law or of a foreign law may be punished if it constitutes a disorder or neglect to the prejudice of good order and discipline in the armed forces. However,

see R.C.M. 203

    concerning subject-matter jurisdiction.
      (b)

Breach of custom of the service

      . A breach of a custom of the service may result in a violation of clause 1 of Article 134. In its legal sense, “custom” means more than a method of procedure or a mode of conduct or behavior which is merely of frequent or usual occurrence. Custom arises out of long established practices which by common usage have attained the force of law in the military or other community affected by them. No custom may be contrary to existing law or regulation. A custom which has not been adopted by existing statute or regulation ceases to exist when its observance has been generally abandoned. Many customs of the service are now set forth in regulations of the vari ous armed forces. Violations of these customs should be charged under Article 92 as violations of the regulations in which they appear if the regulation is punitive.

See

    paragraph 16c.

(3) Conduct of a nature to bring discredit upon the armed forces (clause 2). “Discredit” means to injure the reputation of. This clause of Article 134 makes punishable conduct which has a tendency to bring the service into disrepute or which tends to lower it in public esteem. Acts in violation of a local civil law or a foreign law may be punished if they are of a nature to bring discredit upon the armed forces. However, see R.C.M. 203 concerning subject-matter jurisdiction.

(4) Crimes and offenses not capital (clause 3).

      (a)

In general

      . State and foreign laws are not included within the crimes and offenses not capital referred to in this clause of Article 134 and violations thereof may not be prosecuted as such except when State law becomes Federal law of local application under

section 13 of title 18 of the United States Code

      (Federal Assimilative Crimes Act—

see

    subparagraph (4) (c) below). For the purpose of court-martial jurisdiction, the laws which may be applied under clause 3 of Article 134 are divided into two groups: crimes and offenses of unlimited application (crimes which are punishable regardless where they may be committed), and crimes and offenses of local application (crimes which are punishable only if committed in a reas of federal jurisdiction).

(b) Crimes and offenses of unlimited application. Certain noncapital crimes and offenses prohibited by the United States Code are made applicable under clause 3 of Article 134 to all persons subject to the code regardless where the wrongful act or omission occurred. Examples include: counterfeiting ( 18 U.S.C. § 471), and various frauds against the Government not covered by Article 132.

(c) Crimes and offenses of local application.

      (i)

In general

    . A person subject to the code may not be punished under clause 3 of Article 134 for an offense that occurred in a place where the law in question did not apply. For example, a person may not be punished under clause 3 of Article 134 when the act occurred in a foreign country merely because that act would have been an offense under the United States Code had the act occurred in the United States. Regardless where committed, such an act might be punishable under clauses 1 or 2 of Article 134. There are two types of congressional enactments of local application: specific federal statutes (defining particular crimes), and a general federal statute, the Federal Assimilative Crimes Act (which adopts certain state criminal laws).

(5) Limitations on Article 134.

      (a)

Preemption doctrine

      . The preemption doc-trine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in

Article 121

    , and if an element of that offense is lacking—for example, intent— there can be no larceny or larceny-type offense, either under Article 121 or, because of preemption, under Article 134. Article 134 cannot be used to create a new kind of larceny offense, one without the required intent, where Congress has already set the minimum requirements for such an offense in Article 121.

(b) Capital offense. A capital offense may not be tried under Article 134.

Above Information from Manual for Court Martial.

Categories: Military Justice | Tags: , , , , , , | 4 Comments

Women In Combat

One out of every three cadets at the Coast Guard Academy is a female.

 

Under feminist pressure, the military academies have relaxed their physical requirements.

At the Air Force Academy at the base of the ramp leading to the parade grounds was inscribed the words ’’Bring me men… ’’ taken from the poem, “The Coming American,” by Samuel Walter Foss. In a controversial move following the 2003 sexual assault scandal, the words “Bring me men…” were taken down and replaced with the Academy’s core values: “Integrity first, service before self, and excellence in all we do”. 

 

Like virtually all other major institutions in America today, the armed forces are operating under the tyrannical fist of political correctness, with truth sacrificed to ideology. Back in October 1992, when the George H.W. Bush administration’s Justice Department went to war with the Virginia Military Institute over VMI’s exclusion of women, the PC veil was lifted for a moment.

Col. Patrick Toffler, head of West Point’s Office of Institutional Research, testified as to whether the U.S. Military Academy had lowered its training standards to accommodate female cadets. After much resistance, Col. Toffler admitted under cross-examination that women were taught self-defense while men were taught boxing and wrestling. Pull-ups, peer ratings, rifle runs and certain obstacle-course elements were scrapped.

The point here is not so much about physical allowances made for women but about the military’s denial of the truth. Smart military men and women learn to pretend or kiss their careers goodbye.

 

Oblivious to important differences between men and women, the American Civil Liberties Union (ACLU) is suing the Department of Defense to lift all combat exemptions for women.

Not putting women into combat deprives them of their constitutional rights, the ACLU is arguing on behalf of four servicewomen in a complaint filed in a federal court in San Francisco.

 

In the ACLU’s parallel universe, women are just as aggressive, strong, fast and warlike as men. You know, like in the National Football League, where female linebackers strike terror in the hearts of Los Angeles Rams‘ Fearsome Foursome and the Pittsburg Steelers‘ Steele Curtain.

Much of the pressure for this march toward barbarism is coming from career feminist military personnel, who argue that lack of combat experience hurts their chances for advancement. In other words, because a few women want to climb the ladder of rank, all women in the military should be put at risk for combat duty, whether they want it or not.

Hundreds of thousands of women have served and do serve honorably in the military and perform crucial jobs. They deserve every American’s gratitude and respect. Some have been killed or wounded while serving bravely in very difficult conditions.

The military has kept women out of direct ground combat for a moral reason: Deliberately putting women in harm’s way is not right; and for practical reasons: Women are not as physically strong, and they have an impact on the men around them. In a civilized society, men are raised to protect women. Now some of America’s elite warrior units train men to be indifferent to women’s screams. That’s what passes for “progress” in a “progressive” military.

 

It’s not primarily about individual capability but military necessity. Anything that detracts from the military’s mission to win wars and bring troops back alive is not worth it, no matter how fashionable.

In a summary of 30 years of research on women’s suitability for combat and heavy work duty, professor William J. Gregor of the School of Advanced Military Studies at Fort Leavenworth, Kan., concludes, “Few if any women possess the physical capacity to perform in combat or heavy military occupational specialties and none will outperform well-trained men. Training women with men to the same physical occupational standards dramatically increases the skeletal-muscular injury rate among women.”

Even conservative lawmakers seem too terrified to ask such questions as:

What happens to women who are captured? Should we care?

If women achieve equal opportunity (and exposure) on the battlefield, do they have an equal ability to survive?

Why is there an alarming increase in sexual assaults against women in the armed services?

Do people realize that their daughters almost certainly will be subject to any future draft if combat exemptions are lifted?

Is it really no more harmful for servicewomen who are mothers to be separated from their infants than when fathers are sent overseas? Should we care?

(See Robert Knight: Deceitful Debate Over Women In Combat)

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President Obama Delivers Graduation Speech At Air Force Academy

US President Barack Obama delivers commencement address at the US Air Force Academy in Colorado Springs, Colorado, on May 23, 2012. Since 2009, Obama has delivered commencement addresses at the U.S. Naval Academy in Annapolis, Md., the U.S. Military Academy at West Point, N.Y., and the U.S. Coast Guard Academy in New London, Conn. Obama’s commencement speech in Colorado was his last of the 2012 spring season.

The president spoke in Colorado just as Romney was across the street from the White House, delivering a speech at the U.S. Chamber of Commerce in which he condemned Obama’s record on education. Obama also reiterated the economic themes of his campaign, spelling out a vision of debt reduction with targeted spending.

Obama was keeping up a presidential tradition of speaking to one of the service academies every year at graduation time.

The speech was the president’s last commencement address of the season. Graduation ceremonies are scheduled for this Saturday 26 May at the U.S. Military Academy at West Point, where Vice President Joe Biden will be the featured speaker, and at the U.S. Naval Academy on Tuesday 29 May 2012.

His speech followed a diplomatic flurry in which he hosted the NATO summit in Chicago, where allies cemented an exit strategy for the Afghanistan war, and the G-8 summit at Camp David in Maryland.

“There’s a new feeling about America,” Obama said. “I see it everywhere I go, from London and Prague, to Tokyo and Seoul, to Rio and Jakarta,” Obama said. “There’s a new confidence in our leadership.”

NATO allies this week affirmed that the war in Afghanistan will halt at the end of 2014. The final U.S. troops left Iraq at the end of last year.

A spokeswoman for the Republican National Committee, Kirsten Kukowski, said Obama’s promises have not yielded enough results for today’s college graduates.

“America’s youth face soaring unemployment, underemployment and rising tuition,” she said. “It’s time to elect a president who treats future generations as a priority and not just a political talking point.”

 

The President went on to say: QUOTE:

Cadets, you distinguished yourselves as leaders before you ever stepped foot on the Terrazzo. And when you arrived, I know your upper classes gave you quite a welcome. They let you experience the joy of Beast. The pleasure of Recognition. They made you experts at filling out forms. I only ask that you resist the temptation to rate my speech: “fast-neat-average-friendly-good-good.”

But you survived. In you we see the values of Integrity, Service, Excellence that will define your lives. And I know you couldn’t have made it without the love and support of your moms and dads and brothers and sisters. So give a big round of applause to your families.

This academy is one of the most demanding academic institutions in America. And you have excelled. I’m told you have set at least three Academy records. The largest number of graduates ever to go directly on to graduate school. The largest number of female graduates in Academy history. You will follow in the footsteps of General Janet Wolfenbarger, who I was proud to nominate as the first female four-star general in Air Force history.

And your final distinction—breaking the world record for the largest game of dodgeball. More than 3,000 of you. For more than 30 hours. I did not know that was possible. Then again, you’re also the class that snuck into the last Superintendent’s office and moved all his furniture—to your dorm rooms. Which brings me to some important business. In keeping with long-standing tradition, I hereby grant amnesty to all cadets serving restrictions and confinements for minor offenses. General Gould, I’ll let you define “minor.”

Cadets, this is the day you finally become officers in the finest Air Force in the world. Like generations before you, you will be charged with the responsibility of leading those under your command. Like classes over the past 10 years, you graduate in a time of war and you may find yourself in harm’s way. But you will also face a new test. That’s what I want to talk with you about today.

Four years ago, you arrived here at a time of great challenge for our nation. Our forces were engaged in two wars. Al Qaeda, which had attacked us on 9/11, was entrenched in their safe-havens. Many of our alliances were strained, and our standing in the world had suffered. Our economy was in the worst recession since the Great Depression. Around the world and here at home, many questioned whether the United States still had the capacity for global leadership.

Today, you step forward into a different world. You are the first class in nine years that will graduate into a world where there are no Americans fighting in Iraq. For the first time in your lives—and thanks to Air Force personnel who did their part—Osama bin Laden is no longer a threat to our country. We’ve put al Qaeda on the path to defeat. And you are the first graduates since 9/11 who can see clearly how we’ll end the war in Afghanistan.

What does all this mean? When you came here four years ago, there were some 180,000 American troops in Iraq and Afghanistan. Now, we’ve cut that number by more than half. And as more Afghans step up, more of our troops will come home—while achieving the objective that led us to war in the first place: defeating al Qaeda, and denying them a safe-haven. So we aren’t just ending these wars, we’re doing so in a way that makes us safer, and stronger.

Today we pay tribute to all our brave men and women in uniform who gave their lives in Iraq and Afghanistan to make this progress possible—including 16 graduates of this Academy. We honor them—always.

For a decade, we have labored under the dark cloud of war. Now, we can see the light of a new day on the horizon. The end of these wars will shape your service and it will make our military stronger. Ten years of continuous military operations have stretched our forces and strained their families. Going forward, you’ll face fewer deployments. You’ll have more time to train and stay ready. You’ll be better prepared for the full range of missions you’ll face.

Ending these wars will also ensure that the burden of our security no longer falls so heavily on the shoulders of our men and women in uniform. You can’t be expected to do it alone. There are many sources of American power—diplomatic, economic, development and the power of our ideals. We need to be using them all. And today, we are.

Around the world, the United States is leading once more. From Europe to Asia, our alliances are stronger than ever. Our ties with the Americas are deeper. We’re setting the agenda in the region that will shape our long-term security and prosperity like no other—the Asia-Pacific.

We’re leading on global security. Reducing our nuclear arsenals with Russia, even as we maintain a strong nuclear deterrent. Mobilizing dozens of nations to secure nuclear materials so they never fall into the hands of terrorists. And rallying the world to put the strongest sanctions ever on Iran and North Korea, which cannot be allowed to threaten the world with nuclear weapons.

We’re leading economically—forging trade pacts to create new markets for our goods. Boosting our exports, stamped with those three proud words—”Made in America.” And we’re expanding exchanges and collaborations in areas that people often admire most about America—our innovation, our science, our technology.

We’re leading on behalf of human dignity and freedom. Standing with the people of the Middle East and North Africa as they seek their rights. Preventing a massacre in Libya with an international mission in which the United States—and our Air Force—led from the front. We’re leading global efforts against hunger and disease. And we’ve shown our compassion, as so many airmen did in delivering relief to our neighbors in Haiti when they were in need and to our

Japanese allies after the earthquake and tsunami.

Because of this progress, there’s a new feeling about America. I see it everywhere I go, from London and Prague, to Tokyo and Seoul, to Rio and Jakarta. There’s a new confidence in our leadership. And when people around the world are asked “Which country do you admire most?”…one nation comes out on top—the United States of America.

The world stage is not a popularity contest. As a nation, we have vital interests, and we will do what is necessary to defend the country we love—even if it’s unpopular. But make no mistake, how we’re viewed in the world has consequences—for our national security, for your lives.

When other countries and people see us as a partner, they’re more willing to work with us. It’s why more countries joined us in Afghanistan and Libya. It’s why nations like Australia are welcoming our forces, to stand side-by-side with allies and partners in the South Pacific. It’s why Uganda and its African neighbors have welcomed our trainers to help defeat a brutal army that slaughters civilians.

I think of the Japanese man in the disaster zone who, upon seeing our airmen delivering relief, said, “I never imagined they could help us so much.” I think of the Libyans who protected our airman when he ejected over their town, because they knew America was there to protect them. And—in a region where we’ve seen the burning of American flags—I think of all the Libyans who were waving American flags.

Today, we can say with confidence and pride—the United States is stronger, safer and more respected in the world. Because even as we’ve done the work of ending these wars, we’ve laid the foundation for a new era of American leadership. And now, cadets, we have to build on it. Let’s start by putting aside the tired notion that says our influence has waned, that America is in decline. We’ve heard that talk before.

During the Great Depression, when millions were unemployed and some believed that other economic models offered a better way, there were those who predicted the end of American capitalism. They were wrong. We fought our way back, created the largest middle class in history and the most prosperous economy the world has ever known.

After Pearl Harbor, some said the United States had been reduced to a third-class power. But we rallied, we flew over The Hump and took island after island; we stormed the beaches and liberated nations; and we emerged from that war as the strongest power on the face of the Earth.

After Vietnam and the energy crisis of the 1970s, some said America had passed its high point. But the very next decade, because of our fidelity to the values we stand for, the Berlin Wall came tumbling down and liberty prevailed over tyranny in the Cold War.

And there was a time—the 1980s, with the rise of Japan and the Asian tigers —when many said we had lost our economic edge. But we retooled, we invested in new technologies and we launched an Information Revolution that changed the world.

After all this, you’d think folks would understand a basic truth—never bet against the United States of America.

One of the reasons is that the United States has been, and will always be, the one indispensable nation in world affairs. This is one of the many examples of why America is exceptional. And it’s why I firmly believe that if we rise to this moment in history, if we meet our responsibilities, then—just like the 20th century—the 21st will be another great American Century. That’s the future I see; that’s the future you can build.

I see an American Century because we have the resilience to make it through these tough economic times. We need to put America back to work by investing in the things that keep us competitive—education and high-tech manufacturing; science and innovation. We need to pay down our deficits, reform our tax code and keep reducing our dependence on foreign oil. We need to get on with nation-building here at home. And I know we can, because we’re still the largest, most dynamic, most innovative economy in the world. And no matter what challenges we may face, we wouldn’t trade places with any other nation on Earth.

I see an American Century because you are part of the finest, most capable military the world has ever known. No other nation even comes close. Yes, as today’s wars end, our military—and our Air Force—will be leaner. But as Commander in Chief, I will not allow us to make the mistakes of the past.

We still face very serious threats. As we’ve seen in recent weeks, with al Qaeda in Yemen, there are still terrorists who seek to kill our citizens. So we need you to be ready—for the full range of threats. From the conventional to the unconventional. From nations seeking weapons of mass destruction to the cell of terrorists planning the next attack. From the old danger of piracy to the new threat of cyber. We must be vigilant.

So, guided by our new defense strategy, we’ll keep our military—and our Air Force—fast, flexible and versatile. We will maintain our military superiority in all areas—air, land, sea, space and cyber. We’ll keep faith with our forces and military families. And as our newest veterans rejoin civilian life, we’ll never stop working to give them the benefits and opportunities they have earned—because our veterans have the skills to help us rebuild America.

I see an American Century because we have the strongest alliances of any nation. From Europe to Asia, our alliances are the foundation of global security. In Libya, all 28 NATO allies played a role and we were joined in the air by partners, from Sweden to Gulf states. In Afghanistan, we’re in a coalition of 50 allies and partners. Today, Air Force personnel are serving in 135 nations— partnering, training, building their capacity. This is how peace and security will be upheld in the 21st century—more nations bearing the costs and responsibilities of leadership. That’s good for America, and it’s good for the world.

I see an American Century because no other nation seeks the role that we play in global affairs, and no other nation can play the role that we play in global affairs. That includes shaping the global institutions of the 20th century to meet the challenges of the 21st. As President, I’ve made it clear that the United States does not fear the rise of peaceful, responsible emerging powers, we welcome them. Because when more nations step up and contribute to peace and security, that doesn’t undermine American power, it enhances it.

Moreover, when people in other countries see that we’re rooting for their success—not trying to hold them down—it builds trust and partnerships that can advance our interests for generations.

It makes it easier to meet common challenges, from preventing the spread of nuclear weapons to combating climate change. And so we seek an international order where the rights and responsibilities of all nations and peoples are upheld and where counties thrive by meeting their obligations and face consequences when they don’t.

I see an American Century because more and more people are reaching toward the freedoms and values we share. No other nation has sacrificed more—in treasure, in the lives of our sons and daughters—so that these freedoms could take root and flourish around the world. And no other nation has made the advancement of human rights and dignity so central to its foreign policy. That’s because it’s central to who we are, as Americans. It’s also in our self-interest, because democracies become our closest allies and partners.

There will always be some governments that try to resist the tide of democracy, who claim theirs is a better way. But around the world, people know the difference between us. We welcome freedom—to speak, to assemble, to worship, to choose your leaders. They don’t. We welcome the chance to compete for jobs and markets—freely, fairly. They don’t. And when fundamental human rights are threatened around the world, we stand up and speak out. They don’t.

We know that the sovereignty of nations cannot strangle the liberty of individuals. And so we stand with the students in the streets who demand a life of dignity and opportunity, and with women everywhere who deserve the same rights as men. We stand with the activists, unbowed in their prison cells, and with the leader in parliament moving her country toward democracy. We stand with the dissident who seeks the freedom to say what he pleases, the entrepreneur who wants to start a business without paying a bribe, and all those who strive for justice and dignity. For they know, as we do, that history is on the side of the free.

Finally, I see an American Century because of the character of our country—the spirit that has always made us exceptional. It’s that simple yet revolutionary idea—there at our Founding and in our hearts ever since—that we have it in our power to make the world anew; to make the future what we will. It’s that fundamental faith—that American optimism—which says no challenge is too great, no mission is too hard. It’s the spirit that guides your class—”never falter, never fail.”

That’s the essence of America, and there’s nothing else like it anywhere in the world. It’s what’s inspired the oppressed in every corner of the world to demand the same freedoms for themselves. It’s what’s inspired generations to come to our shores, renewing us with their energy and their hopes. That includes a cadet graduating today, who grew up in Venezuela, got on a plane with a one-way ticket to America and today is closer to his dream of becoming an Air Force pilot—Edward Camacho. Edward says what we all know to be true: “I’m convinced that America is the land of opportunity.”

That’s who we are. That’s the America we love. Always young. Always looking ahead, to that light of a new day on the horizon. Cadets, as I look into your eyes—as you join that Long Blue Line—I know you’ll carry us even farther, even higher. And with your proud service, I am absolutely confident that the United States of America will meet the tests of our time. We’ll remain the land of opportunity. And we’ll stay strong as the greatest force for freedom and human dignity the world has ever known.

May God bless you, and may God bless the United States of America. (UNQUOTE)

 

Following his speech, the president was headed to fundraisers in Denver and California’s Silicon Valley.

 

cd24OBAMA President Barack Obama arrives at Buckley Air Force base in Aurora today May 23rd, 2012. He was in Colorado to give the commencement address to graduating cadet at the Air Force Academy in Colorado Springs. He flew to Denver on Air Force One for a fundraising event.

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Coast Guard Academy’s 131st Graduation Speaker Was Janet Napolitano, Secretart of Homeland Security

English: United States Coast Guard Academy seal

English: United States Coast Guard Academy seal (Photo credit: Wikipedia)

Coast Guard Academy’s 131st Graduation Speaker is Homeland Security secretary Janet Napolitano

by London Richter on Thursday, May 24, 2012 at 3:16pm ·

HC HC Coast Guard Commencement02 NEW LONDON 05/16/12 Derek Balke (center) grips his cadet shoulder boards in his hands as he and fellow newly commissioned ensigns Anthony Bareno, (left) Emily Balingit Clark, (second from right) and Trevor Auth (right) take theirs off at the end of commencement ceremonies at the U.S. Coast Guard Academy‘s 131st commencement exercises at the New London campus.

May 16, 2012

New London, Connecticut

U.S. Coast Guard Academy

Good afternoon! Thank you, Admiral Papp, for the introduction, and for inviting me to speak today at your graduation, or as I’ve heard, roughly your 12th “culmination” since 2008.

By the way, I was challenged to see whether I could fit the names of all 16 of the Coast Guard’s 210’ cutters in this speech. Listen close: I have confidence you can count them all.

It’s good to be back at the Coast Guard Academy. I thank your Superintendent, Admiral Stosz, and all the members of the faculty who have helped get you to this point.

On behalf of your Commander in Chief, President Obama, (who will speak at the Air Force Academy on 22 May) congratulations to each of you. And thanks to all who have supported you: your families, your friends, and your (undoubtedly relieved) parents. Please join me in giving all those who have helped you a round of applause.

As the Service Secretary of the Coast Guard, it is my honor to address you as you embark on a career of service to your nation.

After four years of studying with diligence, you enter active duty with the confidence instilled by the finest multi-mission maritime military education in the world.

You have learned about both teamwork and self-reliance, and you have remained resolute in the face of many obstacles. You are well on your way to becoming steadfast leaders.

And that’s critical, because once you leave here, you will be given a lot of responsibility very quickly. I was on the Cutter Kittiwake just a couple weeks ago, and the majority of her crew, including the Commanding Officer, were 25 years old or younger.

Leadership in Uncertain Times

The qualities you have developed over the last four years, that strength of character, are exactly what our nation needs as your careers get underway during uncertain times.

Cadets, we live in a world of evolving threats and unconventional enemies; a world where the battlefield often has no boundaries or uniforms.

You will don many hats as you leave this Academy, because it means a lot to be a member of the Coast Guard – you are rescuers, protectors, first responders, law enforcers, teachers, public servants.

You graduate in a 21st Century anchored in neither the Cold War nor the conventional rules of warfare. In this ever-changing world, the only certainty is that you will be called on to carry out many missions around the globe:

You will help people who are in danger at sea. Last year, the Coast Guard rescued 3,804 men and women.

You will enforce our laws, ensuring that drugs and contraband stay away from our shores, and that our waters are protected from pollution and overfishing. Last year, the Coast Guard accounted for approximately 40% of all U.S., allied nation and partner nation interdictions in the drug transit zone.

You will stop human traffickers and others who are trying to come to our shores illegally, while saving those who have become stranded in crafts not worthy of the sea. Last year, the Coast Guard saved the lives of 2,474 refugees who otherwise would have drowned in their attempt to reach our country’s shores.

You will keep vital shipping lanes half a world away open to commerce – training and patrolling with allies to keep pirates at bay. Last year, the Coast Guard interrupted or defeated four pirate attacks.

You will help ensure the safety of America’s ports, as well as foreign ports that serve as last points of departure to the United States. The Coast Guard operates as the Captains of the Port in 42 locations around our nation.

You will support the defense of our nation during war. Currently, the Coast Guard has men and women in locations like Kuwait, Afghanistan, Bahrain, Iraq and Saudi Arabia.

And you know that no matter how routine the mission may seem, you must remain vigilant on unforgiving seas. Those in the Coast Guard who gave their lives in the last year bear silent, but eternal witness to the risks of your chosen profession.

But while we know you would give your life – “dearly to an enemy, but freely to rescue those in peril,” as your Creed says, we as your leaders are committed to doing everything we can to ensure that you remain safe and that you have the tools and equipment necessary to succeed in your jobs.

That’s why we invest in you, providing one of the finest educations in the world here at this Academy. And that is why we are investing in new cutters, and helicopters, and other resources to meet your needs.

Our continued investment means that even as the world around us evolves, the Coast Guard will remain a durable and versatile multi-mission force, a force that never rests.

Preparing Future Coast Guard Leaders

But above and beyond equipment and technology, the Coast Guard’s work will continue to require people with a range of talents possibly unmatched anywhere else in public service.

And I have to say, after reviewing the research on your class, I am impressed. You have already distinguished yourselves in so many ways.

Your Distinguished Graduate, Katie Schumacher finished with a 3.97 GPA, despite the major time commitment of serving as regimental Executive Officer.

Your Honor Graduate Justin Daniel finished with the highest GPA at 3.99.

Members of your class including Eric Doherty and Garrick Gillan helped designed and build the “SailBot” autonomous sailboat. Jacob Conrad, Nick Powell, Tom Kane, and Brian Gracey designed and built a “Mobile Biodiesel Batch reactor” that can pull up to a McDonald’s, take the fryer oil, and produce diesel fuel on the spot.

As an attorney myself, I was particularly proud to hear that David Rehfuss’ team won a worldwide “Competition on the Law of Armed Conflict for Military Academies,” beating Army, Navy, and Air Force! I hear we also beat Army in Action Pistol.

And your class has excelled athletically as well:

The softball team won three games in one day earlier this month to come from behind, win the conference, and make it to the national tournament.

And Hayley Feindel overcame a lot to become, as the newspaper said, ‘the most accomplished athlete in the venerable history of the Academy.’ Talk about dependable – she was conference Pitcher of the Year – for the third time – she’s a two time All-American, AND she’s the all-time Division III leader in wins and strikeouts.

And it’s only fitting that you’re good at water sports, with women’s Crew ranked 5th in the country, under leaders like All-American Sarah Jane Otey. If you need any help at the upcoming crew championships, I want you to know I’ve been named an Honorary Coast Guard Coxswain by Coast Guard Station Washington, where I had the chance to show off my small boat driving skills last year.

And Trevor Siperek, a two-time All-Conference Cross Country runner, is ranked near the top of the country at steeplechase, and is also competing in the national finals later this month.

The list I have given is only illustrative, not exhaustive. In fact, your class has many other impressive achievements. No parade field rejects here!

After your Academy education, I am confident all of you will be well prepared to excel at whatever comes next, ready to join a long line of leaders in an organization with a rich history.

In short, I believe your extraordinary achievements and valiant service merit special consideration. Therefore, and using the powers vested in me, I hereby absolve all cadets of the restrictions associated with minor conduct offenses!

(But I cannot, I will not, and I shall not Pardon cadet Webster Smith, Class of 2006)

But as much as you have already accomplished, this is also just the beginning.

One DHS and USCG Role

Remember, the Coast Guard does not carry out its missions alone – you are part of something larger – the homeland security family. More and more, we are working together as one DHS to protect against terrorism, secure our borders, and respond to disasters of all types.

Our components support each other by sharing information, leveraging resources, and conducting joint operations. And while complementary missions bring us together, it is the venturous spirit shared by all who willingly put service over self that bonds us as One DHS.

Embodying Core Values

That spirit shows in the way you will face the overarching challenge of the Coast Guard, and of DHS as a whole: the challenge of leading in an uncertain world.

You are the first class to be born after the end of the Cold War, and to grow up in the Internet age.

You have faced uncertainty and change throughout your lives. And the world around you will continue to change, often in unpredictable ways. You must think about how you will confront these challenges as proud Coast Guard Officers, sworn to uphold the laws and Constitution of the United States.

My advice is to always remember that you are decisive leaders of character, guided by the three Core Values of honor, respect and devotion to duty – three values that you’ve already made your own.

You’ve lived “honor” through your decision to serve, and the integrity you’ve upheld through your time as cadets. As honorable leaders of character, I encourage you to look to other leaders and learn about how they approached challenges. Understanding their successes – and mistakes – can help guide you through difficult times.

There is no clearer example of an honorable leader of character than George Washington. As much as we know about our first President, each generation finds that it has more to learn.

Today, we have a picture of a complex figure who could have assumed near absolute power after the American Revolution, but who resisted that temptation, voluntarily serving only two terms as president.

It is difficult to overstate how rare it is for anyone in history to refuse absolute power, or how much this selflessness shaped our nation. It is the very definition of honor.

And yet this deeply honorable man also had his flaws and struggles, as his biographers have noted. So let the actions of leaders inspire you, but let them also teach you that no one is perfect, and that our success comes despite our imperfections.

Now, we come to the core value of “respect,” which, in the Coast Guard, is all about treating the people around us with “fairness, dignity, and compassion.” Indeed, you’ve demonstrated respect in many ways:

Your compassion has shown through in your commemoration of the life of classmate Kenny Link, and the love and support you’ve shown his family since he passed on;

By building a children’s home for a small community in Honduras, you have helped those who have next to nothing gain a measure of dignity.

Raising funds to fight leukemia and lymphoma is another example of your compassion; and accruing the most community service hours of any class in the past two years shows your dedication to building a fairer world.

You have lived respect, and I encourage you to continue to live this value. Show it in how you deal with both your colleagues and your superior officers. Show it, as well, in how you deal with those under your command. After all, it is difficult to inspire a crew if they sense you do not respect them.

The third core value is devotion to duty. You have embodied this value by volunteering to serve your nation, persevering through every obstacle of the last four years, and by remaining alert, even on a leisure cruise, noticing and rescuing stranded young boaters off Key West. And you will live it in a thousand other acts, large and small, over the course of your careers.

For devotion to duty, I encourage you to follow the example David Henry Jarvis, first in the cadet class of 1883, and namesake of the Jarvis Inspirational Leadership Award.

As a First Lieutenant, he led his men, dogs and 400 reindeer in one of the greatest displays of devotion to duty in our history – the Overland Expedition. And while I know the graduates know the story, I’ll tell it briefly for everyone else.

In November 1897, a fleet of eight whaling ships with some 300 people aboard had become stranded off the northernmost tip of the United States – Point Barrow, Alaska, high in the Arctic – and courageous rescuers were needed to relieve them.

And so America turned to her Revenue Cutter Service, now known as the Coast Guard.

On the orders of President McKinley himself, (Captain “Hell roaring Mike Healy”) and the Revenue Cutter Bear headed north, into the frigid Arctic Winter, landing Lieutenant Jarvis and just two other men near Cape Vancouver.

Dauntless in the face of ice, snow, mountains and weather as cold as 60 degrees below zero, they traveled 1,500 miles at breakneck speed across the Alaskan wilds.

Halfway through, with the help of Native Alaskans, they gathered hundreds of reindeer – self-propelled food – and drove them the rest of the way to Point Barrow.

The whalers were saved, the nation was grateful, and the legacy of devotion to duty the Coast Guard would inherit was born.

That legacy lives on, as we were reminded this year. When the harsh winter placed Nome, Alaska, in peril, America turned again to the Coast Guard. With its heating oil supplies close to running out, the Coast Guard icebreaker Healy came to the rescue, clearing the path for an oil tanker, staying close, bringing her along, leading her forward until the cargo was safely delivered.

Conclusion

You can trace an unbroken line of devotion to duty from the valiant feat of First Lieutenant Jarvis’s team to the men and women of the Healy.

And I am confident you will extend that line forward for decades to come in your own careers, in every way imaginable.

Because for all its history, the Arctic is still a young frontier that you can explore. For all our success against terrorists, our adversaries will adapt, and you will too.

For all we know about ocean science, there is still so much more to learn. And for all the advances in maritime safety, we still know that no ship is unsinkable, and there will always be tragedies to respond to and lives to be saved.

You are not only heirs to a great tradition in each of these areas, you enter a force that is vibrant and vigorous today. And you represent its future – a future that is undoubtedly and incredibly bright – a future where you will conquer challenges yet undreamed of.

You are ready. You are prepared. Go forward to meet those challenges. Semper Paratus!

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Lawyers Fight Among Themselves Before They Fight The Opposition

Seattle-based John Henry Browne is the civilian attorney representing Staff Sergeant Robert Bales, the U.S. soldier accused of murdering 17 Afghan villagers. Attorney Browne wants to replace the military lawyer assigned to the case. They are having serious disagreements over how to handle the defense.

“You are fired, sorry, but we have much more experience than you,” Attorney Browne, said to military lawyer Major Thomas Hurley. Major is an experienced military lawyer. He has handled more than 60 military courts-martial; three involved homicide charges; however, none were capital cases.

The Army assigns defense counsel such as Hurley to soldiers facing court martial but defendants also have the right to hire additional civilian counsel. The military assigned counsel is called the Detailed Military counsel (DMC). The hired civilian counsel is called the Individual Military counsel (IMC).

“Major Hurley is not a team player and has no experience in murder cases, we do,” Attorney Browne has said. “We have gotten 17 not guilty verdicts in murder cases and have gotten life verdicts in all our death penalty cases.”

Browne unleashed a unilateral public attack on the way U.S. prosecutors are handling the investigation into the shooting and accused U.S. authorities of blocking access to potential witnesses. There is also disagreement over the decision to put Bales’ wife on the television talk show circuit.

Major Hurley believes making public statement on television before the trial “limit our options at trial or expose important witnesses to effective cross-examination that they would otherwise not have to face”.

I faced similar situations when I was a retired officer Coast Guard Law Specialist representing Coast Guard members in Coast Guard Base  New York in courts-martial. However, I never had to assert my authority as lead counsel, Individual Military Counsel (IMC). The Coast Guard always detailed the most junior and inexperienced military counsel to the members that I represented. They were only qualified to carry my brief case and take notes, and they knew it. They were content to observe and listen and sometimes offer a helpful comment. I had just retired, I knew the Uniform  Code of Military Justice; I knew the accused; and I knew the judges and all of the members of the Prosecution team; so, I was better qualified to represent the accused. And the military counsels knew this, so , they never challenged my decisions in conducting the defense of the accused.

In the case of the Coast Guard Academy court-martial of Cadet Webster Smith there was similar tension and disagreement between CDR Merle Smith, (IMC) and LT Stuart Kirkby, (DMC). LT Kirkby was not even a Coast Guard Law Specialist. He was a Navy Judge Advocate General from the Naval Submarine Base at Groton, CT..

There was serious tension between CDR Smith and LT Kirkby. The tension and friction became so acute that it required several emergency sessions with the parents of Cadet Webster Smith to settle the issues. (THIS SUBJECT WILL BE TREATED IN DETAIL IN MY NEXT BOOK, THE SEQUEL TO CONDUCT UNBECOMING an Officer and Lady)

There were disagreements about who to put on the witness list, who to call as a witness, who wouldl make the Opening Statement, who wouldl make the Closing Argument, who would argue which motion, which motions to bring, who wouldl examine which witnesses, who would make objections to statement and questions by the Prosecution, whether to give interviews to the news media, which questions to ask which witness; and , the biggest issue of all, whether to put the Accused, Webster Smith, on the witness stand. That is always a crucial decision.  In the Webster Smith Case, it may have been the one issue decided the final verdict in the case.

http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-ebook/dp/B006VPAADK

 

 

This review is from: CONDUCT UNBECOMING an Officer and Lady (Kindle Edition)

CONDUCT UNBECOMING an Officer and a Lady: A Review.

 

I read this book. Judge London Steverson, the author, a 1968 Coast Guard Academy graduate, and retiree, did an outstanding job of parsing the facts of what is arguably a judicial tragedy.

 

According to the book, leaders at the Coast Guard Academy failed to follow the recommendation of the investigating officer, which was not to prosecute the accused of sexual assault, among other allegations, because evidence of the alleged crimes seemed insufficient; failed to follow procedures in responding to the defendant’s Article 138 claim and failed to allow the defendant the customary grace period before reporting for confinement. There are a few other apparent missteps–like failing to instruct the jury that the defense does not have a burden of proof in criminal cases–that are capably documented in the book. Rather, according to the author, the Coast Guard Academy leadership chose to prosecute on the recommendation of a staff attorney in spite of the recommendation of the investigating officer the leadership appointed.

 

As for the defendant, some of his alleged conduct could, conceivably, call into question his judgment and discretion. To that end, he seemed to overlook a common, conspiratorial axiom: “There is no honor among thieves.” As it relates to discretion, at his age he may not have heard the axiom, “Loose lips sink ships.” The defendant was popular and athletic according to the book. These are traits that some others usually find attractive. Judge Steverson details how these traits attracted several cadets to the defendant. Consequently, one of the attractees had a mishap that directly involved the defendant and the two entered into a secret pact not to reveal the mishap because it could have an impact on both of their lives as cadets. Well, the defendant’s second error seemed one of indiscretion because this particular attractee subsequently got wind of the tale involving the shared secret and turned her apparent affection into unabated vengeance. Not only did she turn to vengeance towards the once popular, now vilified athlete, but another five or six attractees also seemed to act in concert, according to the text. According to the author’s account. All it took to convict the defendant was the allegations of sexual assault among other allegations.

 

The gist of the book is the author’s plea to the Coast Guard to live up to the Constitution that its members, including the Court Martial’s convening authority and the defendant, swore to uphold and protect. He pleads with Coast Guard Academy leadership not to substitute their personal feelings of how they think the world should operate for justice. The author asks them to remain faithful to this nation’s long-standing creed of “Equal protection under the law.” Finally, the author pleads with the Coast Guard Academy leadership to adhere to established legal procedures. Rather than answer the author’s pleas to uphold and protect the Constitution, ensure equal protection under the law and adhere to established legal procedures, the author asserts the Coast Guard seemed to want to send a message to this cadet. Why this cadet? We may never know. He was talented, athletic and popular, but it is fairly certain most cadets are talented and athletic, even if not popular. Perhaps, the timing was wrong; perhaps the Coast Guard thought it was time to address the issue of sexual assault at the Coast Guard Academy or was it just bad timing for this cadet? That this cadet was the first cadet in Coast Guard history to be court martialed and had a distinguishable ethnicity is germane. Wrong place? Wrong time? You decide.

 

The author gives you a lot to work with. It is readily apparent the esteemed author thoroughly researched this matter and presented exhaustive explanations of law and fact. Transcripts of the legal proceedings are provided in the appendixes. This book is recommended to anyone interested in military legal proceedings or simple justice. The author’s assertion that this case will live in infamy does not seem like an exaggeration. Only time will tell if it is the Coast Guard Academy’s or the defendant’s infamy.

 

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