Coburn Gets Immunity

April 30, 2005

Today the chief accuser against Lt. Pantano was granted immunity from prosecution - at the defense’s request.

Charles Gittins, civilian attorney for Pantano, requested immunity for Sgt. Daniel Coburn, the Marine whose accusations of murder started an investigation that has ultimately led to the Article 32 hearing going on all this week into today.

As we all know, Coburn’s got credibility issues; up to and including perjury on the stand earlier in the week. He was refusing to take the stand to finish his cross-examination at the hands of Gittins unless he got immunity. Gittins said he had another “5 or 6 hours” worth of questions for Coburn, mostly dealing with the events last April.

The granting of immunity puts Coburn back on the stand as soon as possible to finish out his testimony. I’ll keep you posted.

Here’s a question for the legal people that post here - Will Coburn’s immunity extend to falsely accusing an officer if this all swings in Pantano’s favor? Or does it only extend to his perjury and failure to obey a direct order?

If it IS blanket immunity, I don’t believe it’s fair to allow Coburn to walk away from this.

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Coburn Needs to Stop Being a Coward

April 30, 2005

Sgt. Daniel Coburn started something. For whatever reason; whether it be from a misguided idea of what he saw or a deep-seated desire to stick it to the lieutenant who had made his life hell, Coburn started a chain of events in motion.

From Day 1 he’s shown a sense of arrogance; a separateness that is less individuality and more lofty disdain for those he serves with. Coburn shows a disdain for the very spectrum of his job. People like Ilario Pantano make him uncomfortable, because they don’t allow Coburn to just “get by”. Instead, they expect him to perform at a level at least commensurate with his fellow Marines. They may even have the audacity to push him to be excellent; to be better than even he thought he could be. Either way, the bottom rung these people expect is that he not do things that endanger the men he’s responsible for.

Fellow troops that Coburn served with don’t have many good things to say. They call him a coward, an ‘unsat’ Marine that tried to get out of work, was lazy, and couldn’t even read a map - after 10 years of service. And yet, the bulk of the prosecution’s case rests on this man, who Pantano demoted just a few days prior for putting his men in danger.

So now, five days into the hearing, Coburn’s refusing to go through with it. He’s refusing to get back on the stand unless he gets immunity from his own indiscretions, which include giving a lengthy interview to New York Magazine in which he said Pantano seemed “kind of gay”, among other things. In the admittedly politically incorrect world of the Marine Corps, being called “gay” is one of the biggest insults; a slam on the virility and masculinity that the Marines project and that every member of the Corps aspires to. It’s the antithesis of the proud, courageous warrior. And let’s not forget Coburn’s oral diarrhea on this blog, either, which now is a matter of public record, having been entered into evidence and used while Coburn was on the stand. He called his platoon leader a liar.

Big words for a man who’s already perjured himself on the stand and is well known for being a wimpy man who was thrilled to be named as radio operator so he could stay in the back.

I’m willing to say that perhaps Coburn had no idea that it would all get this big. Based on everything I’ve seen and heard of him from many parties who are in a position to know, I think he’s simply a shoddy Marine who thought this was the easiest way to get out of the infantry and out of harm’s way, while simultaneously ruining the career of the one man he despised the most.

Why did Coburn hate Pantano? My guess is envy. Pantano is admired - perhaps even loved - by his men. I consistently receive emails from people who met Pantano or worked with him years ago and want to tell me about how he touched their lives with his sense of honor, his patriotism, and his love for people. People who Ilario may not even remember talk about how he made them feel as though they were the most important person in the world when he talked to them. That’s something I can relate to. I wrote Pantano an email of encouragement a while back, and he responded with simple words so inspiring that I walked away amazed. He responds to them all.

It’s been said time and again that you don’t know who your friends are until you need them. Ilario Pantano is reaping the seeds he’s sown, and people are coming out from all over to talk about what an extraordinary man he is - even now, when it’s perhaps “unfashionable” to people like those hateful souls that have posted here.

What does Coburn have? Nothing. He has no line of Marines outside waiting to sing his praises. In fact, we have yet to hear from any Marine that would speak highly of Coburn. He has a world of problems derived from his own actions, and a hell of a lot of people who have nothing but disgust for him.

And yet, Coburn has a chance to redeem himself, even if it’s only a small amount. He has the chance to get on the stand, take responsiblity for what he’s done, and get the “job” of his testimony, whatever that may entail, done. He can choose to act with honor, even at this late stage. The military’s already said they won’t charge him for what he’s said up to this point, so why ask for immunity? Sure, he has the RIGHT to not incriminate himself, but dear God - what else does he have to say that he would need immunity for? Perhaps “I made it all up”?

Coburn can, for a few moments, be what Pantano is: a man of honor who stands behind his words, tells the truth, and accepts responsibility for his actions.

I’m not holding my breath.

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Dust Storms Military Base in Iraq

April 29, 2005

Have a bad day, recently? Well, let me help put it into perspective for you. Imagine hunkering down in this and then the clean-up afterwards…


A massive sand storm cloud is close to enveloping a military camp
as it rolls over Al Asad, Iraq, April 27, 2005.


The storm spawned near the border of Syria and Jordan.


Dust storm howls across the western desert of Iraq.

So, try and have a nice day, OK? :)

Our troops really do put up with a lot, and living in conditions like this is no exception!

How many of you would trade places with them? Wait - don’t answer that…I know that many of you actually WOULD, just like me. :)

We’ve got a great bunch of military and former military readers.

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Alliance Assignment: Fonda Book Signing

April 29, 2005

The Alliance of Free Blogs had an assignment yesterday:

Describe what you’d like to see happen at a Jane Fonda book signing.

So, here’s my ‘entry’:

I don’t think spitting on her, ridiculing her, or getting angry will do anything but solidify the idea that she was justified in harming American soldiers.

That being said, I’d like to see the vets who she talked to in the POW camps go visit her signing, as a group. I’d like them to simply stand there, off to the side, quietly. They could bring a pair of combat boots for each POW that died as a result of her actions at the camp. They could hold a sign that says “Jane’s ‘lapse in judgment’ cost these brave men their lives.”

Personally, I think a silent vigil by these vets would do more than spitting or screaming. They have more bravery, more honor, more class than this traitor ever will. And perhaps if she had to look at the pictures, the boots, all day long; if she was silently reminded with grace and class all day long of the consequences of her actions, it might do more than anything.

That’s my mature adult reaction. Now for the “if I wasn’t raised better” reaction:

Clear your throat before spitting.

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Hasan Akbar Sentenced to Death

April 29, 2005

The Army soldier who stole grenades, killed power to a generator to shut off lights, and rolled grenades into a tent while shooting to kill his fellow soldiers has been sentenced to death.

Hasan Akbar, who defense attorneys tried to paint as being “mentally ill”, was found guilty of murder last week, and yesterday the same jury sentenced him to death for his crimes.

“He is a hate-filled, ideologically driven murderer,” chief prosecutor Lt. Col. Michael Mulligan said. He added that Akbar wrote in his diary in 1997, “My life will not be complete unless America is destroyed.”

Unfortunately, the likelihood of Akbar actually getting friendly with the needle is small. The military hasn’t executed anyone since 1961. Chances are good that Akbar will end up sitting on death row at Fort Leavenworth with the other five soldiers who are sentenced to death.

We can still hope, though.

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Coburn To Resume Spewing Today

April 29, 2005

Charles Gittins said Thursday that Lt. Ilario Pantano will not take the stand in his Article 32 hearing, which is expected to last into the weekend, although the prosecution did play parts of the Dateline NBC interview and entered them into evidence. The military cannot cross-examine Pantano on the contents of the interview.

Also, the Jacksonville Daily News reports that “[Coburn] won’t be charged with violating a direct order not speak to the media because he wasn’t given one.”

A military judge made that determination Thursday, despite Marine Sgt. Daniel Coburn’s testimony Wednesday that two Marine officers, including senior trial counsel for the prosecution Maj. Stephen Keane, ordered that he not speak to the media about the case. Coburn gave interviews to three media outlets before this week’s Article 32 hearing at Lejeune.

Wasn’t given one? Didn’t he testify that he was given one? Then again, as we all know now, being under oath means jack squat for Coburn. I wonder if they plan on charging him with perjury for the statements he made the other day - you know, the ones where he says he didn’t talk to any media, and that he doesn’t remember making any of the statements he’s quoted as saying?

Coburn…has now requested to remain silent unless granted immunity for the remainder of his testimony, said Maj. Mark Winn, who is the investigating officer at the hearing.

Coburn is expected to take the stand again today to finish his cross-examination at the hands of Charles Gittins, who as we know, disemboweled Coburn on the stand two days ago. Gittins said the cross should take “five or six hours”.

One last thing:

Maj. Phil Stackhouse, Pantano’s senior military defense counsel, asked [Lance Cpl. James] Faleris to characterize Pantano’s leadership in one word.

“Outstanding, sir,” Faleris said.

Stackhouse asked him to characterize Pantano’s actions in combat.

“Inspirational,” Faleris said. “He makes you want to be like him.”

Contrast that with this:

Cpl. Spencer Stringham, who was also in Pantano’s platoon and was testifying for the prosecution, said Pantano liked to micromanage and always volunteered for missions. Several Marines in the platoon joked that their commander was “motorvated.”

“It’s so motivated to a state of retardation,” Stringham said.

How did Pantano react to that characterization?

“Pantano leaned back in his chair and smiled.”

I don’t think the “retardation” was from Pantano.

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Defense Begins Its Case in Pantano Hearing

April 28, 2005

Late night article from the AP via Jacksonville Daily News:

Dmochowski said Pantano embraced the humanitarian element of the military’s mission “almost to the point he endangered himself.” He recalled a time when Pantano went door-to-door shaking hands until he was pulled away by worried colleagues.

Lance Cpl. James Faleris, a machine gunner who worked under Pantano in Iraq, said the officer gave local children candy, toys and soccer balls, and made his platoon study Iraqi language and culture for an hour each day as they prepared to deploy.

“He’s hands-down the best officer I’ve ever had the privilege to serve under,” Faleris said.

However, the whole day was not all glowing reports.

Earlier Thursday, prosecution witness Cpl. Spencer Stringham recalled Pantano mockingly threatening to kill an Iraqi detainee who had feigned an inability to speak English. The man ultimately asked Pantano - in English - not to shoot him.

Stringham also recalled Pantano ordering a pair of detainees to roll off the back of a moving Humvee. He acknowledged under cross-examination that he never considered Pantano’s behavior abusive.[emphasis mine]

Perhaps the most non-surprising element was the revelation that the military is not expected to file charges against Coburn; however, Coburn refuses to return to the stand unless he is given immunity from prosecution.

So, where does this leave the prosecution’s case? Anyone feel comfortable making a guess as to the outcome yet?

As always, stay tuned. I’ll have more for you in the morning.

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Bush Press Conference open Thread at Blogs For Bush

April 28, 2005

Go join in! Live commenting!

Back to blogging here afterwards. ;)

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Bloggers Make a Difference In the Pantano Case!

April 28, 2005

In light of the literally wild events of yesterday in the Ilario Pantano case, Charles Gittins, attorney for Pantano, sent me this statement through email this morning:

Well, yesterday the Government case sort of “blew up” like the IED’s being used against our Marines and soldiers in Iraq. The evidence yesterday demonstrated that the “Marinethatknows” was a perjurer and serial orders violator. He was read his rights, asked to speak to a lawyer, and now is not likely to testify further without being granted immunity from prosecution himself.

FYI — when my client was confronted with the allegation that he unlawfully killed two Iraqi’s, he didn’t ask for a lawyer — he told the truth: that he killed these guys because they were bad guys and he believed they were going to try to attack him and that he told them to “stop” in Arabic before he did it. My client followed the Rules of Engagement exactly and his killing of the Iraqis was justified and lawful under the ROE.

My client asked me to thank all of his supporters, but particularly his fellow Marines, past and present, who have sent him words of encouragement.

So, the answer to the question “Do bloggers make a difference?”, the answer, time and time again, is YES.

The hearing is not over, but the government’s case has suffered serious damage, especially after Corpsman Gobles testified yesterday that Pantano was a strong leader.

“I just felt a sense of security when a situation arose, I knew he would be able to take care of it,” Gobles said. “I felt the safest with this platoon, more than any other platoon in our company, more than anything because of Lt. Pantano and his leadership.”

Also, a counter-intelligence expert testified that men were believed to be insurgents.

A Marine counterintelligence expert identified in court only as Sgt. M testified he believed the detainees were insurgents who lied during his brief interrogation of them about having weapons in the home they had been seen leaving. Soldiers found three AK-47 assault rifles, mortar tubes and stakes used to prop them up during a search. They also discovered several passports and IDs with names that didn’t match up, as well as literature supporting Saddam Hussein and Osama bin Laden.

UPDATE:
The Jacksonville Daily News has a fantastic article that should have been titled “How To Lay A Trap For Liars” or something equally amusing [thanks to Stiles for the tip]. From what it looks like, Coburn was basically disemboweled on the stand. {Like we didn’t see that coming, after all that’s been on this blog about it.]

When Gittins cross-examined Coburn, he asked repeatedly if Coburn had talked about the case with the media even though he was ordered not to do it.

Coburn denied it several times. He said he was authorized to talk about himself.

“People were smearing you and you were going to talk about this case,” Gittins said.

While the lengthy story published in New York magazine didn’t include any comments from Coburn regarding the case, Gittins obtained a transcript of the taped interview that New York magazine writer Steve Fishman had with Coburn. Gittins asked Fishman for it and was given the transcript.

Gittins read several excerpts from the transcript where Coburn was clearly talking about the case.

Coburn also made several comments about Pantano in the interview with Fishman, including that Pantano had a “split personality” and that when he spoke to Coburn he sounded “kind of gay” because he always asked in a quiet voice, “Are you doing OK?”

While reading this, I had a flashback of Kevin Bacon in A Few Good Men, right around the time Jessup thundered out his confession. You know, that deer-in-the-headlights look. I honestly felt bad for the prosecutor for a moment.

On another note, here’s the question of the day: How long before a movie is made about this case?

UPDATE: Welcome to visitors from Michelle Malkin, The Right Report, and Townhall. Glad to have you.

This story has been linked at:

  • Townhall
  • The Right Report
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    Coburn Suddenly Pulled Off The Stand

    April 27, 2005

    Sgt. Daniel Coburn was pulled off the stand in the middle of testifying today in the case against Lt. Pantano. The Article 32 officer, Maj. Mark E. Winn, read him his Article 32 rights and informed Coburn that he was under suspicion of violating orders to not give interviews or comments regarding the case.

    Coburn gave interviews to ABC News and the New York Daily News, but readers of Euphoric Reality would be most familiar with the New York magazine article written just a week ago. I sneak-peeked it here for you on 17 April, the day before it was published in the magazine.

    Just in case you missed it, here’s a few tidbits in that article:

    Coburn has a pretty clear idea of himself. He’d like to transfer out of the infantry. He prefers to work on his own—”something that will complement my personality better,” he says. He wants the kind of job where, as he put it, “nobody’s going, ‘I want this done now.’ ” Coburn prefers a job where, as he explained, “I’m doing something because I want to do it. I don’t like to be told to do something when I’m already doing something.”

    Standing in Coburn’s way are two negative evaluations of him initially written by Pantano. One covers a period before the incident. Another, the more severe, was written after. “In the unforgiving classroom of combat operations he was extended myriad opportunities to learn and to grow,” says that second evaluation. “Instead of developing, the opposite occurred and now he is solely responsible for managing the radio.”

    Coburn sits straight as a chair. “It’s a career-ender,” he says.

    He also went on to describe Pantano as “One of those thespian-type people.” I’m guessing right about now, he’s wishing he wouldn’t have mentioned that.

    Defense lawyers aggressively cross-examined Coburn about the interviews he has given about the case. Coburn said he had been told he was allowed to defend his character.

    Defense lawyer Charles Gittins asked why, then, he had described Pantano as ”one of those thespian-type people” in a recent New York magazine story.

    Coburn responded that he did not remember saying any of the things he was quoted as saying in the story.

    Did you catch that? He didn’t remember saying ANY of the things he was quoted as saying; even though the article was published only a week ago, and he was interviewed only a few weeks ago.

    I’m waiting for Steve Fishman, the author of the New York Magazine article, to get back to me with what he thinks of that.

    Another piece of interesting information is that Steve did ask Coburn during the interview if he had made the comments on this blog. Coburn denied doing it. However, if he can’t remember getting interviewed only a few weeks back, how can anyone expect him to remember comments made almost 2 months ago?

    Better yet, how can we expect him to remember events from over a year ago?

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    Air America Jokes About Assassinating President Bush

    April 27, 2005

    It seems liberals have graduated from T-shirts to national radio. Now, instead of just buying the “Kill Bush” T-shirts, you can tune into Air America and listen to an audio skit about killing the President. From Drudge via Blogs For Bush comes yet another tale of liberals and their idiocy.

    Government officials are reviewing a skit which aired on the network Monday evening — a skit featuring an apparent gunshot warning to the president!

    The announcer: “A spoiled child is telling us our Social Security isn’t safe anymore, so he is going to fix it for us. Well, here’s your answer, you ungrateful whelp: [audio sound of 4 gunshots being fired.] Just try it, you little bastard. [audio of gun being cocked].”

    The audio production at the center of the controversy aired during opening minutes of The Randi Rhodes Show.

    “What is with all the killing?” Rhodes said, laughing, after the clip aired.

    “Even joking about shooting the president is a crime, let alone doing it on national radio… we are taking this very seriously,” a government source explained.

    An Air America official tells Billboard Radio Monitor that they have no comment and are conducting their own internal investigation.

    Internal investigation? That’s just funny. Who’s helping with that one, Ward Churchill?

    Blogs For Bush also has the audio. Go hear it for yourself.

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    No, Mr. Liberal, The Sky Is Not Falling

    April 27, 2005

    http://www.washtimes.com/commentary/20050425-093832-3242r.htm

    Jonathan from GOP Bloggers brings us a commentary piece from the Washington Times, which sheds some light on the myriad of predictions that liberals have made over the years that somehow never quite came true.

    [Read more]

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    Maggots In His Ears?

    April 27, 2005

    BANGKOK (Reuters) - Doctors found around 50 maggots in the ears of an 84-year-old Thai man after he went to hospital complaining of an itch.

    Wednesday’s Nation newspaper said Anan Temtan, who lives in the tsunami-hit southern resort island of Phuket, had used cotton buds to relieve the itching, but had scratched so hard his eardrums ruptured and started bleeding.

    “We believe flies might have gone inside his ears to lay eggs, which hatched into larvae and caused the itching,” said Somsak Nonthasri, the doctor who treated him.

    Somsak, who used tweezers and a small suction device to remove the maggots, said Anan would be kept in for observation for a while to make sure no more eggs hatched.

    That has got to be the most disgusting thing I’ve read in quite some time. That even beats some of the comments and emails I get about this blog.

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    Bush Slaps Hollywood - Just a Bit…

    April 27, 2005

    From Yahoo News:

    WASHINGTON - President Bush on Wednesday signed legislation aimed at helping parents keep their children from seeing sex scenes, violence and foul language in movie DVDs.

    The bill gives legal protections to the fledgling filtering technology that helps parents automatically skip or mute sections of commercial movie DVDs. Bush signed it privately and without comment, White House press secretary Scott McClellan said.

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    Witness Testify Against Pantano, pt 2: Corporal “O”

    April 27, 2005

    The Jacksonville Daily News reports more on the testimony offered yesterday against Lt. Ilario Pantano by a cook-turned-linguist, referred to only as “Corporal ‘O’”.

    Corporal O, who is originally from Nigeria and speaks both French and Arabic, testified that he talked to the Iraqi men separately. They both denied that they were insurgents and said they were visiting the family that lived in the house.

    After speaking with the men, Corporal O and the sergeant went inside the house where two AK-47 assault rifles were found. When he returned outside to speak with some women and children who confirmed the men were visiting, Corporal O heard gunfire, he said.

    “It sounded like SAW fire,” Corporal O said, referring to a squad automatic weapon, which is like a machine gun. “The only thing I saw was dust flying in the air.”

    When Corporal O walked past the vehicle, both Iraqis were dead. He said they looked like they were on their knees and shot in the back. He described it as “weird.”

    It was shortly after that a call was received that another vehicle was approaching. Pantano stopped that vehicle, two men, who were laborers, were dragged from it and detained about 20 feet from the dead Iraqis, Corporal O testified.

    “They were mad and scared,” he said. It was at that point that Pantano asked Corporal O to translate a “phrase” for him.

    Pantano said, “If any of them were to join the insurgency, the same thing was going to happen to them as those bodies,” Corporal O testified.

    Sounds pretty dismal for the defense, right? Except, let’s now see what happens on cross-examination by Capt. Trombly to the things that came out during direct:

    1. Corporal O states that the men stated they were not insurgents, and only visiting people in the house.

    After speaking with the men, Corporal O and the sergeant went inside the house where two AK-47 assault rifles were found.

    Also:

    [Capt Courtney] Trombly asked how often detained Iraqis denied they were Iraqi insurgents.

    “Every time, ma’am,” Corporal O said.

    2. Corporal O talks about a phrase he was asked to translate by Pantano, to the two men who drove up immediately following the shootings. According to Cpl O, Pantano told the two men that if they joined the insurgency, the same fate would befall them as these two dead Iraqis.

    [Capt. Trombly] asked how often he was asked to deliver a message similar to the one Pantano asked him to translate. He said that message was sent during every raid “to scare the people and keep our Marines safe,” he testified.

    Lt Samuel Cunningham, who testified about the sign, didn’t even see Pantano until 45 minutes after the shootings.

    First Lt. Samuel Cunningham, who also served in 2nd Battalion, 2nd Marines during that time, also testified that Pantano’s gunfire sounded like a SAW. He said he heard 40 to 50 shots and then remained on high alert listening to his radio in case Pantano’s platoon needed assistance.

    About 45 minutes later, Pantano returned to where Cunningham was positioned. He told Cunningham that he killed two Iraqis and left a handwritten sign - “No better friend no worse enemy” - on the vehicle, Cunningham testified. [emphasis mine]

    So, this was the testimony yesterday in the Article 32 hearing of an exemplary Marine who is charged with murder in the deaths of two Iraqis. On the surface, the statements seem damning. On closer inspection however, one thing is missing from both of them.

    The words “I saw it happen.”

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