Prosecutors Appeal Decision to Dismiss Charges Against Chessani

June 20, 2008

This entry is part 10 of 10 in the series Haditha

ANN ARBOR, MI – Late yesterday afternoon, military prosecutors filed an official notice that they are appealing the June 17th decision of Military Judge Colonel Steven Folsom, USMC, which dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds of unlawful command influence.

Click here to read the prosecution’s notice of appeal now.

Prosecutors have 20 days in which to file their appeal brief to the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C.

Thomas More Law Center, representing Chessani, released a statement of their disgust today.

For over two years, the federal government, the Far Left media and anti-war politicians have smeared the names of loyal Marines, spent millions of dollars to uncover the “Haditha massacre” that never occurred, and employed an army of Naval Criminal Investigative Service (NCIS) agents in what it described as the largest investigation in that agency’s history. To show for their efforts military prosecutors have lost 7 of the 8 cases they charged, the eighth case is still awaiting trial.

Earlier this week, the prosecutors suffered their latest setback when military judge Colonel Steven A. Folsom, USMC, dismissed all charges against LtCol Jeffrey Chessani, USMC, the highest ranking Marine officer facing “Haditha” charges. Despite this ruling, the government has indicated that it intends to pursue an appeal, which will continue the case and the expense of taxpayer money for many more months, if not longer.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, which is representing LtCol Chessani in the court martial, commented, “The investigation and prosecution of the Haditha Marines has been a Fiasco. A military command decision should end it now—for the sake of the Corps, our nation and the Marines involved.”

Thompson continued, “Colonel Folsom’s ruling is rock-solid. If the government wants to continue wasting taxpayer dollars pursuing this case on appeal, we are more than committed to defending the military judge’s ruling, even if it means taking the case to the U.S. Supreme Court. We intend to fight as tenaciously as LtCol Chessani’s Marines fought in Iraq. Enough is enough—it’s time to end this Fiasco.”

In a detailed ruling, which took the military judge over an hour to deliver from the bench, the judge dismissed the charges on the basis of unlawful command influence, which he described as “the mortal enemy of military justice.” The government’s appeal will be heard initially by the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C. A decision by that court could then be appealed to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court.

The whole thing is pretty ridiculous, and goes to show the absolute lengths the government will go to in order to prosecute these Marines.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

VICTORY: All Charges Dismissed Against Lt Col Jeffrey Chessani

June 17, 2008

This entry is part 9 of 10 in the series Haditha

Col. Steven Folsom just made the list of my favorite people of all time.

ANN ARBOR, MI – Military Judge Colonel Steven Folsom, USMC, this morning dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds of unlawful command influence. He blistered the prosecution’s case in an opinion he read from the bench that lasted an hour. The ruling was without prejudice. Colonel Folsom gave prosecutors 72 hours in which to notify him whether they would appeal.

The ruling was greeted with tears of joy from Chessani’s wife and several spectators in the courtroom.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents LtCol Chessani alongside his detailed military attorneys. The two Law Center attorneys assigned to his case are former Marine officers themselves. Robert Muise served in the First Persian Gulf war as an infantry officer, and Brian Rooney was a Judge Advocate officer who served two tours of duty in Iraq. Lt Colonel John Shelburne, USMC, and Captain Jeff King, USMC , the detailed military defense counsel, make up the rest of Chessani’s defense team.

Richard Thompson, President and Chief Counsel of the Law Center, commenting on the judge’s decision had this to say, “We are all grateful for the judge’s ruling today. He truly was the “last sentinel” to guard against unlawful command influence.”

“Tragically, our own government eliminated one of its most effective combat commanders. The insurgents are laughing in their caves,” said Thompson.

We finally have a chance to show the undue command influence in the Hutchins case as well. Thank you, Col. Folsom!

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Landmark Decision in Chessani Case Tuesday

June 17, 2008

This entry is part 8 of 10 in the series Haditha

ANN ARBOR, MI – Military Judge Colonel Steven Folsom, USMC, will issue his ruling on the crucial Unlawful Command Influence motion brought by LtCol Jeffrey Chessani’s defense counsel in a Camp Pendleton, California, courtroom on Tuesday, June 17, 2008, at 9:00am PST.

Col Folsom had originally scheduled hearings in Chessani’s case to last for three days, June 16–18.  However, in an announcement that might prove to be significant to the Chessani case, Col Folson indicated late last week that he will announce his decision on the defense motion to dismiss on June 17 in a hearing that should last approximately one hour.

In May 2008, Col Folsom ruled that he found evidence of unlawful command influence (UCI). Courts consider UCI the mortal enemy of military justice.  The judge’s finding was based upon the evidence that Generals Mattis and Helland, who controlled the disposition of LtCol Chessani’s case, were impermissibly influenced by Marine lawyer Col John Ewers, one of the initial investigators of the Haditha.  Col Ewers was permitted to attend at least and up to 25 closed-session meetings in which LtCol Chessani’s case was discussed.

Start praying, folks.  If these charges are dismissed, then the door is open for us to bring Sgt Larry Hutchins’ case up as the next undue command influence example.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Government Looks to Change Manslaughter Charges to Murder in Fallujah Marine Case

May 31, 2008

What do you do when you can’t get Marines to testify against each other, can’t get them to take a deal, and generally have no case? Why, up the ante, of course.

A federal grand jury is considering amending charges against a former Riverside police officer from manslaughter to murder for killings while he was a sergeant in Iraq, a defense attorney said.

Jose Luis Nazario Jr. is charged with voluntary manslaughter in U.S. District Court in Riverside — because he is no longer in the military. But prosecutors are now asking a grand jury in Riverside to change the charges to murder, said Kevin McDermott, one of the attorneys representing Nazario.

Assistant U.S. Attorney Jerry Behnke said he could not comment on whether the grand jury is reviewing the case or why the prosecution would ask for charges to be amended. Grand jury proceedings are closed to defense attorneys and the public.

Of course he’s not going to comment on why they would be amending the charges to read murder instead of manslaughter. What would he say? I can see the press conference now.

“Well, folks, this whole process isn’t going the same as the others. There’s an order to this whole thing. See, first we charge them all, even though we have no evidence. Then we confine them in ungodly conditions…what’s that? Oh god, no. Not like detainees. Those guys at Gitmo are living fat and happy. We’re trying to break these Marines, not coddle them. Stop asking stupid questions.

“Anyway, usually after about 18 hours of interrogations with no food, water, or bathroom breaks, a few months of shackles and solitary confinement, they’ll sign anything we ask. Yes, we’ve done it before, we know it works. But these Marines, they’re being a bit uncooperative. Nelson refused to testify even though we put him in jail over Memorial Day weekend, we had to pull him out of jail because the milblogs made a bunch of ruckus about the whole thing. Nazario’s refusing to plead guilty…it’s just ridiculous. Don’t these guys know they’re supposed to play along? Well, we’re just going to remind Nazario of what’s at stake here. He’s got a family. We’ve got Mattis on board, he’ll testify against the Marines. But anyway, the short answer to your question of why we decided to bump it up is obvious–we have to bring in the big guns. We have nothing unless we can either get them to plead guilty, or get someone to roll.”

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

General Mattis to Testify Against Chessani in Undue Command Influence Hearing

May 30, 2008

This entry is part 6 of 10 in the series Haditha

ANN ARBOR, MI – Military prosecutors are expected to call as their witness General James N. Mattis, a highly respected Marine officer and one of only a handful of four-star Marine generals, to testify in the court-martial hearing against LtCol Jeffrey Chessani on June 2, 2008, at Camp Pendleton, California.

Gen Mattis, recently given his fourth star, was the previous convening authority for the Haditha cases and the officer responsible for referring LtCol Chessani’s case to a general court-martial. Prosecutors are relying on him to rebut previous findings of the Military Judge that there is evidence of unlawful command influence.

So let me get this straight. When the defense asks for Mattis’ sworn deposition, they’re denied. Yet the prosecution can call him as a witness with no problems at all? And what will Mattis say? Well, of course he’ll say there was no undue command influence, and the judge will nod and say, “Oh, okay. Wow. Good thing you came on the stand and set that straight. Thanks, guys. Let’s all go get a brewski now.”

Am I the only one who thinks this fish smells worse than a two-dollar hooker? As it turns out, I’m not.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, the national public interest law firm defending LtCol Chessani, commented, “This case is dripping with double standards and political intrigue as the Pentagon attempts to appease Washington’s political establishment and press…”

[I must point out here that those of us fighting for these and other Marines like SGT Lawrence Hutchins have repeatedly tried to get Thomas More Law Center involved, but were rebuffed. Now suddenly it appears they've seen the light, sort of like the Apostle Paul on the road to Damascus. We're just happy they caught up.]

And here’s a little factoid you may not have known about:

“…Gen Mattis was investigated for ordering a ground and air assault of an Iraqi ‘wedding party’ in 2004 that resulted in the deaths of 40 men, women, and children. At a press conference shortly after the incident, he defended his actions by retorting, ‘I don’t have to apologize for the conduct of my Marines.’ What is puzzling is that even though Mattis rightfully was never charged with any criminal wrongdoing in that case, he did not give LtCol Chessani the same consideration.”

Did you catch that? “I don’t have to apologize for the conduct of my Marines.” Brilliantly said, and yet here we are, with Mattis at the forefront of a witch hunt against the very men he claims to love and respect so deeply, in almost the same type of situation. Then again, when it comes to the Marine Corps leadership, it’s not about fairness, justice, or even honor–as we’ve seen time and time again in case after case.

What makes me so curious is how Mattis will explain away roughly 25 closed-session meetings where one of the investigators was allowed to attend and discuss the case with the officers controlling the disposition of the case. That’s like a homicide investigator meeting with the judges in a civilian case. In other words, not right.

Chessani’s attorneys will be able to cross-examine the general on the stand, but if past track record is any indication of how that will go, the prosecutor will object, the judge will sustain, and Mattis will not be exposed for the dishonorable man that he is. We shall see if the judge has the personal integrity and fortitude to make his decision based on facts instead

[Note: I am well aware, dear readers, that my freedom to call Mattis dishonorable was given to me in part by Mattis himself. However, it was also paid for by Jeffrey Chessani and Larry Hutchins, so you'll forgive me if my loyalty lies with them instead of the one who ruined their careers and traded their freedoms for his fourth star.]

As disgusting as these cases continue to be, and as much of a cesspool as the military “justice” system has become, each mistake, each over-the-top action that they take is one more arrow in our quiver. It is one more piece of proof of innocence for all of these Marines, one more way we can show how badly these cases are conducted. That means one step closer to freedom for SGT Larry Hutchins.

So hang in there, Larry. If the NCIS, the JAG, and the Marine Corps leadership show their backsides any more, we’ll have caught them with their pants down completely–which is exactly what I, and others like me, intend to do.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Nazario Case: Marine Freed But Still Refuses to Testify

May 29, 2008

This entry is part 4 of 4 in the series Jose Nazario Case

This is breaking in the Nazario Case:

Marine Sgt. Jermaine Nelson, jailed in Los Angeles last week for contempt of court for refusing to testify against his former squad leader, was released Thursday after promising to attend a grand jury session and listen to questions.

Joseph Low, Nelson’s attorney, said his client promised U.S. District Court Judge Percy Anderson that he would attend a June 18 session of a grand jury probing the alleged killing of prisoners by Marines during the fight for Fallouja in late 2004.

But Nelson did not promise to provide information about former Sgt. Jose Luis Nazario, Low said. “I did inform the judge [that] nothing has changed except our willingness to listen,” he said.

Anderson had Nelson jailed last week when, despite receiving immunity, he declined to answer questions about “a brother Marine.” Low said Nazario had saved Nelson’s life in Iraq.

We’ll be paying close attention to this as it unfolds. I can’t help but wonder if milblogger coverage of this travesty helped contribute to Nelson’s release. As always, stay tuned to ER for up-to-the-minute coverage.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Faulty Wiring Still Killing U.S. Soldiers

May 28, 2008

Why are faulty KBR wiring setups still killing U.S. soldiers? Good question.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

DC Trip 2008

May 27, 2008

I apologize for the lack of posts over the weekend. I was in Washington, D.C., celebrating Memorial Day weekend with Rolling Thunder, Run For the Wall, and the men I like to refer to as “my boys,” the wounded at Walter Reed. I was also with Suezi Lanham, wife of GOE Colorado Coordinator Dale Lanham, and my friend Chris, a KC-10 pilot stationed in New England who drove down to hang out with us.

Friday night was the counter-protest at Walter Reed, and we had a great time with TJ, Jonn Lilyea, Laura Bush from DC Freepers, and many more. I met a young man at Mologne House who told me he needed a new pair of shoes for his new pair of legs. By the way, I’ve decided to raise money for a few of those guys to get new shoes for their prosthetic legs. Who wants to help? I think it’d really put a smile on their faces.

Saturday we went to the memorials and to Arlington, then Sunday was the Rolling Thunder craziness. How fun it all was. May write more later…right now I’m just trying to unwind and get my brain back to normal.

Highlights:

- Riding in the dogfight simulator with my friend Chris at the Air and Space Museum
- Meeting TSO from The Sniper and going on a tour of interesting bars in D.C.  Although, the poor guy blushed every time I looked at him.  I felt bad.  So I kept looking at him, of course.  He’s a sweety, but we still managed to argue during our outing.   It’s all fun and games until you talk politics, ya know. ;)  All said, TSO is the best.
- Seeing the Tomb Guards again.
- Hanging out with Suezi and Chris.
- Saying hello to the guys on the Wall.
- Spending time at Walter Reed with my heroes.
- Seeing the bikes on Sunday, speeding down Constitution Avenue.


Yes, that’s an EGA around my neck.  I wear it for a reason.


Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Nazario: Fallujah Marine Jailed; Won’t Incriminate Other Marine

May 22, 2008

This entry is part 3 of 4 in the series Jose Nazario Case

Interesting turn of events yesterday in the Fallujah case. This from Newsmax:

A Marine facing charges for killing an insurgent prisoner in Fallujah, Iraq, 3 1/2 years ago has been jailed for refusing to testify against another Marine involved in the incident.

U.S. District Judge Percy Anderson on Wednesday ordered Sgt. Jermaine Nelson to be confined at the federal lockup in Los Angeles after giving him several opportunities to testify.

“It was a beautiful thing to see,” said lawyer Joseph H. Low IV, a former Marine infantryman representing Nelson.

“The prosecutors are attempting to break the bonds formed in combat. Nelson told them he’d rather go to jail than rat out a brother Marine.

“It is coercion pure and simple. The government wants to take these guys and try to make them say what they want them to say. The government doesn’t have a case so they resort to this.”

Nelson, 26, refused to testify against his former squad leader, Sgt. Jose L. Nazario, at a federal grand jury seated in Riverside, Calif., Low said.

Nelson was granted testimonial immunity by federal prosecutors seeking to enhance voluntary manslaughter charges against Nazario to murder. If he had cooperated, Nelson would have been protected from further jeopardy for anything new he revealed in the case, according to Low.

Nazario was indicted by a federal grand jury two weeks after being arrested on Aug. 7, 2007. He is charged under the Military Extraterritorial Jurisdiction Act, passed by Congress in 2000 to allow service members serving overseas to be prosecuted in civilian court for offenses that call for more than one year of imprisonment.

The prosecution wants Nelson to tell the grand jury what happened at Fallujah on Nov. 9, 2004, when his squad encountered four enemy combatants during the opening hours of the bloody month-long battle for the ancient city.

Nelson already faces up to life in prison and a dishonorable discharge for twice confessing without legal counsel that he killed one of the insurgents after being ordered by Nazario to do so.

In his confession, Nelson claimed Nazario received the order to kill the prisoners from an unknown superior over his inter-squad radio.

Keep in mind that the government has no victims, no evidence, and literally NOTHING in this case except the testimony of one Marine who “confessed” twice without an attorney (sound familiar?) and a few statements that don’t match (I’m seeing a pattern here).

There are some amazing developments in these cases right now, and every one of them gives me hope that perhaps the Pendleton 8 case will be rectified once and for all.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Four Names Added to Vietnam Veterans Memorial

May 20, 2008

WASHINGTON — The names of four U.S. servicemembers who died years after they were wounded during the Vietnam War are being added to the Vietnam Veterans Memorial this week.

In a ceremony Wednesday morning at the Wall, the widow of one of those added — Raymond C. Mason — was on hand to talk about her husband and watch as stoneworker James Lee sandblasted the Marine lance corporal’s name onto panel 41E, line 64.

“I can’t ever put it into words,” said Priscilla Mason, from Riverside, R.I., said after watching Lee at work. “My first reaction was, he’s finally home.

“They were able to put him chronologically where he would have been if he had died Feb. 28, 1968, when he was shot. My first thought was, I wonder how many of those names (on panel 41E) did he know.

“I’m sure he feels he’s home, too.”

Raymond Mason, confined to a wheelchair since he was wounded, died May 28, 2006.

The other three men added to the Wall this week are Marine Lance Cpl. Richard M. Goossens, Army Spec. 4 Dennis O. Hargrove and Army Spec. 4 Darrell J. Naylor. All met the criteria of having died as a result of wounds sustained in the combat zone of Vietnam.

In addition, crosses next to the names of 13 men signifying that they were missing in action are being changed to diamonds, signifying confirmed deaths, after their remains were returned or accounted for. They are James Henry Ayres, Douglas Craig Condit, Richard William Fischer, Dennis Clark Hamilton, Perry Henry Jefferson, Michael John Masterson, Maurice Henry Moore, Warren Robert Orr, Jr., Alton Craig Rockett, Jr., Stephen Arthur Rusch, Sheldon D. Schultz, Charles Wayne Stratton and James D. Williamson.

On Wednesday, a brief ceremony featured remarks by Vietnam Veterans Memorial Fund president Jan C. Scruggs, former Secretary of Veterans Affairs James Nicholson, architect J.C. Cummings, James Lee and Priscilla Mason. Then, Lee settled down in front of the Wall with a sandblasting device that scoured the black granite surface beneath a stencil bearing Raymond Mason’s name. Lee paused several times to check the depth of the lettering with a micrometer; the engraving must be accurate to within a thousandth of an inch to ensure that the name will blend in with the ones around it in various lighting conditions.

After polishing the stone to clean off the dust, Lee helped Priscilla Mason make pencil-and-paper rubbings of her husband’s newly-inscribed name.

[From Stars and Stripes]

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

LCPL Jordan Haerter and CPL Jonathan Yale

May 14, 2008

Editor’s Note: This story was written by Lance Corporal Casey Jones, a combat correspondent stationed in Camp Ramadi, Iraq. Jones recently completed a story on two Marines that were killed while defending their post. The Marines have been nominated for a Silver Star, the third highest award in the military, for their heroic actions that day. (H/T to Pat and Misha)

RAMADI, IRAQ (April 29, 2008) – It was a typical quiet morning on April 22, with the temperature intensifying as a bright orange sun emerged high from the horizon.

Lance Cpl. Jordan Haerter, a rifleman with 1st Battalion, 9th Marine Regiment, Regimental Combat Team 1, and Cpl. Jonathan T. Yale, a rifleman with 2nd Battalion, 8th Marine Regiment, RCT-1, were standing post, just as they’ve done numerous times before. During a standard length watch in a small checkpoint protected by concrete barriers where they overlooked the small gravel road, lined with palm trees leading to their entry control point.

However, this morning would be different. Quickly it would turn, chaotic then tragic. Two Marines would gallantly sacrifice their lives so others could live.

A truck packed with thousands of pounds of explosives entered the area where Haerter and Yale were standing guard. Realizing the vehicles intentions Haerter and Yale without hesitation stood their ground, drew their weapons and fired at the vehicle. The truck rolled to a stop and exploded, killing the two Marines.

“I was on post the morning of the attack,” said Lance Cpl. Benjamin Tupaj, a rifleman with 3rd Platoon, Police Transition Team 3, Weapons Company, 1st Battalion, 9th Marines. “I heard the (squad automatic weapon) go off at a cyclic rate and then the detonation along with a flash. Then I heard a Marine start yelling ‘we got hit, we got hit.’ It was hectic.”

In the face of a committed enemy, Haerter and Yale stood their ground, in turn saving the lives of numerous Marines, sailors, Iraqi Policemen, and civilians. Both Marines displayed heroic, self-sacrificing actions and truly lived up to the Corps values of honor, courage, and commitment.

“They saved all of our lives, if it wasn’t for them that gate probably wouldn’t have held,” Tupaj said. “The explosion blew out all of the windows over 150 meters from where the blast hit. If that truck had made it into the compound, there would’ve been a lot more casualties. They saved everyone’s life here.”

According to official reports the heroic actions of Haerter and Yale’s saved the lives of the 33 Marines and 21 Iraqi Police as well as numerous civilians at the entry control point.

“They are heroes because thousands of pounds (of explosives) would’ve made its way through the gate and many more of us wouldn’t be here,” said Lance Cpl. Lawrence Tillery a rifleman with 3rd platoon. “I have a son back home, and I know if that truck would’ve made it to where it was going – I wouldn’t be here today. Because of Lance Cpl. Haerter and Cpl. Yale, I will be able to see my son again. They gave me that opportunity.”

A week after the attack, the Marines with 3rd platoon, remember their fallen brethren as good friends and Marines

“Cpl. Yale was a great guy, really friendly and kind of shy,” said Hospitalman Eric Schwartz a corpsman with the platoon.

“Haerter was an amazing guy, I knew everything about him. He was my best friend.” said Lance Cpl. Cody Israel, a rifleman with 3rd platoon, Haerter’s roommate for more than a year and half.

Haerter and Yale were both posthumously awarded the Purple Heart Medal, Combat Action Ribbon and have been nominated for an award for their valor.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Five Terrorists Face the Death Penalty

May 14, 2008

MIAMI - A Pentagon official has formally approved death penalty charges against reputed 9-11 architect Khalid Sheik Mohammed and four other men for allegedly conspiring in the Sept. 11 attacks, according to their charge sheet obtained by The Miami Herald.

Military Commissions officials e-mailed the approved charge sheets to defense lawyers in Washington, D.C., after the close of business May 12 - confirming plans for the first war court prosecution seeking execution as the ultimate penalty.

That means that, absent defense requests for delay, the men could make their first appearance at the Guantanamo war court in June.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, declined to release the charges publicly, or discuss them. ”When we have something to announce, we will,” he said in an e-mail May 14.

How anyone, even if appointed, could in good faith represent the men responsible for the calculated slaughter of Americans is beyond me. And yet these men have lawyers. Why, I ask, are they entitled to constitutional rights? Answer: They’re not.

The best part is when they start talking about “water torture.” Considering my truck has a bumper sticker that says “I Support Waterboarding,” I think we all know where I stand on the issue. The whole thing is ridiculous.

According to a leaked copy of his November-December 2002 interrogation log, U.S. interrogators used sleep deprivation, left him naked or strapped to an intravenous drip without bathroom breaks to get him to confess. They also told him to bark like a dog.

Later, he got a lawyer, Gitanjali Gutierrez of the New York Center for Constitutional Rights, who said he recanted his confession.

On May 12, Gutierrez said the Crawford’s decision to strike her client’s name from the charge sheet was a vindication.

”The dismissal of Qahtani’s charges affirm that everything he said at Guantanamo was extracted through torture - or the threat of torture,” she said.

His treatment at the Pentagon’s war on terror detention center was “so well documented and unconscionable,” she said, “that he is unprosecutable and should be return to the custody of Saudi Arabia.”

Poor baby. Maybe next time they should let him ride on a jetliner on a collision course with a building. How about he gets to jump from a skyscraper? Oh, I know. Maybe he should be allowed to lay crushed under rubble for a few days.

Sorry, no sympathy here.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Nazario: MEJA Prosecutions Could Haunt Military Personnel For Many Years

May 14, 2008

A disturbing article came out today regarding the Jose Nazario/Fallujah case. The law that Nazario is being charged under, called MEJA, allows the government to prosecute military members or those working with the military for acts allegedly committed while on active duty or in the commission of their service.

MEJA, which Congress approved and which took effect in 2000, extends military jurisdiction to members of the armed forces who “engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States.”

In effect, it holds military members to the standards of civilian law. If you kill someone–even in combat–prepare to not only face possible charges while on active duty (such as Sgt Lawrence Hutchins), but three years down the road, such as Jose Nazario.

Nazario’s defense attorneys contend that MEJA doesn’t address or apply to conduct during any combat action. Such prosecutions, they warn, would subject any service member to investigation and prosecution many years after alleged combat-zone crimes. Kevin B. McDermott said a comment made by a combat veteran self-medicating himself with alcohol at a bar “15 to 20 years from now … ends up in federal court.”

“There is no end to this war for any veterans,” said McDermott, a Tustin, Calif., attorney representing Nazario. “You are on the hook forever.” [emphasis added]

Worst. Law. Ever. Do combat veterans not deal with enough, that the government needs to hold the thought of possible prosecution for their combat actions over their heads for life? Let me get this straight. We give terrorists constitutional rights, and yet our own soldiers and Marines can get prosecuted for protecting us from the terrorists we’re giving rights to? Does this not sound like the most idiotic notion on earth?

What makes this law so incredibly dangerous is simply this: Put an anti-war, anti-military Democrat in the White House and see if we don’t get a whole lot of prosecutions for “war crimes.” Mark my words…it’ll happen. And now, it won’t matter if you’re in or long since discharged. They’re still coming to get you.

Send post as PDF to PDF Creator | PDF Converter | PDF Software | Create PDF

Air Force Releases Findings in F-15 Crash

May 14, 2008

HICKAM AIR FORCE BASE, Hawaii - Pacific Air Forces officials here released the results of its investigation May 6 of the F-15D Eagle crash that occurred approximately 60 miles off of Oahu Feb. 1.

The accident investigation board, convened by PACAF officials, determined that there was no clear and convincing evidence to determine a root cause for the mishap.

However, the AIB did find sufficient evidence to conclude that both rudders failed in a mid-range position to the left, most likely due to a failure involving the Aileron-Rudder Interconnect. This failure induced a yawing, rolling motion to the left that the pilot was unable to correct.

Unable to get the aircraft to respond to his controls, the pilot safely ejected from the aircraft and suffered only minor injuries. The aircraft was destroyed upon impact. The financial loss of the aircraft totaled $43,777,279. No other property damage or injuries to military members or civilians resulted from the mishap.

The aircraft was assigned to the 199th Fighter Squadron at Hickam Air Force Base and was part of a two-aircraft basic fighter maneuvers training mission, involving one-on-one offensive and defensive maneuvering.

Send post as PDF to