March 11, 2013
American soldier Jessica Hanna posing with her family.  Photo via American Military Partner Association.
“You don’t have to be straight to fight and die for your country.  You just have to shoot straight.”  — Barry Goldwater

American soldier Jessica Hanna posing with her family.  Photo via American Military Partner Association.

“You don’t have to be straight to fight and die for your country.  You just have to shoot straight.”Barry Goldwater

February 2, 2013
Fighting From The Inside

Harvey Silvergate reviews Jess Bravin’s “The Terror Courts,” and relates the story of brave military lawyers who pushed back against the federal government’s post-9/11 assault on Due Process and civil liberty:

Marine Lt. Col. Stuart Couch, for example, is an ROTC lawyer who repeatedly refused to prosecute terrorist suspects whom he concluded had been tortured by CIA agents. And Navy Lt. Commander Charles Swift, the lawyer appointed by the Pentagon to try to wrest a guilty plea from captive Salim Hamdan, ignored his marching orders and instead advised his client to fight rather than engage in a plea bargain. The ultimate result was the Supreme Court opinion in Hamdan v. Rumsfeld (2006), which imposed legal constraints on the Bush administration’s program for trying alleged terrorists by military commission.

This, to me, is a good example of how people of conscience can and should get themselves into positions “on the inside” in order to try to prevent harm where they can.  It’s also an excellent example of lawyers taking their professional obligations to the Bar seriously.  Based on this abbreviated summary, Lt. Com. Swift took his duty to zealously represent his client more seriously than his duty to take orders from DOD.  By doing so, he set an example for young lawyers everywhere, for whom the duty to their employer and the duty to their profession can and do often come into conflict.

January 17, 2013
"I will continue to tell myself that I am a fierce killing machine because my Drill Sergeant told me I am, despite the fact that the only action I will see is a court-martial for sexual harassment."

“Revised Oath of Enlistment for all branches of the Military”, via the facebook page of Marines of Helmand and Al Anbar.

I was wracked verily with hearty guffaws.

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Filed under: military 
December 17, 2012
Daniel Inouye: Returning to prejudice

thenoobyorker:

“Well, I was in Oakland getting ready to get on a ship for a boat ride back to Hawaii. I was in my uniform with three rows of ribbons and a captains bars on my shoulder, I must have looked pretty good. Like a big hero with a hook on my right hand, where it used to be. And so, I thought I’d just get a nice haircut so I’d look neat. I looked around Oakland, here was a barbershop. Three chairs. I remember that. All three empty. The barbers are just standing around, so I walked in. This one barber approached me and he looked at me and he said, ‘Are you a Jap??’ You know, that was a strange welcome. And I said,’I’m an American.’ ‘Well, I’m asking you, ‘Are you a Jap??” I said, ‘My father was born in Japan, my mother is Japanese. I suppose that makes me one.’ ‘We don’t cut Jap hair.’ And I thought to myself, here I am in uniform. It should be obvious to him that I’m an American soldier, a captain at that. And that fellow very likely never went to war. And he’s telling me we don’t cut Jap hair. I was so tempted to strike him. But then I thought if I had done that, all the work that we had done would be for nil. So I just looked at him and I said, ‘Well, I’m sorry you feel that way.’ And I walked out.”

Former Senator Daniel Inouye on experiencing racial prejudice as a decorated soldier in uniform in Oakland, California.

There’s a video at the link.

LTMC: This is somewhat apropos of a discussion I had recently about the infamous “Ground Zero Mosque” controversy (or more accurately, the “Prayer-room-in-a-community-center-2-blocks-down-the-road-from-Gound-Zero” Controversy).  I was reminded of Kareem Rashad Sultan Khan, a Muslim American soldier who died on August 6, 2007 while deployed to Iraq:

image

My peers were trying to argue the familiar (and frankly, frustrating) point that it was insensitive of the Park 51 proprietors to build a Mosque near Ground Zero.  This, of course, implies that Corporal Rashad Sultan Khan, who arguably fought to protect the American Soil that Ground Zero sits on, must nonetheless refrain from worshipping anywhere near it; on the premise that exercising his faith is insulting to the victims of 9/11.  In other words: you can fight to protect this symbolic piece of American soil, just don’t worship on it, because it’s insulting.  

(Of course, this all ignores the fact that roughly 100+ Muslim Department of Defense employees worship 80 feet from the place where 184 Americans died when a plane hit the Pentagon.  But that musn’t be acknowledged: because acknowledging that American Muslims are already worshipping near the site of one of the 9/11 attacks might reveal that the whole controversy was completely, 100% political—leaving nothing but prejudice to support the argument).

Perhaps unsurprisingly, none of my peers would tolerate the accusation that, by making this argument, they were courting bare, unadulterated prejudice against all Muslims—including the likes of Corporal Rashad Sultan Khan—based on the actions of a few fanatics.  As if guilt-by-association, and the unjustified vicarious imputations of moral culpability it entails, were suddenly a legitimate form of moral calculus.  Despite my attempts to extract a firmer basis for the argument, I was offered none—or at the very least, nothing I hadn’t heard before.

I bring all this up because Daniel Inouye clearly suffered a similar imputation of vicarious moral culpability when he walked into that barber shop in Oakland.  His uniform did not matter.  Being born and raised in America did not matter.  Making the “ultimate sacrifice” did not matter.  All that mattered was he was a “Jap.”  And simply by being one of “them,” the owners of the barber shop imputed moral culpability onto him for the actions of the Japanese government in World War II.  

Meanwhile, people like Corporal Rashad Sultan Khan find themselves in a similar position today. Corporal Rashad Sultan Khan not only wore a military uniform, but made the so-called “ultimate sacrifice.”  Yet because he is a Muslim, there are those who have argued—and clearly continue to argue—that he must refrain from stepping foot within two blocks of Ground Zero if his stride happens to be accompanied by the name of Allah or the Prophet flying reverent from his lips.  In other words: you can pray on the battlefield under the American flag; just don’t pray over here.

One wonders what would happen if Kareem Rashad Sultan Khan lived long enough to return from Iraq, and attempted to pray near Ground Zero in uniform.  Some no doubt would argue that it is insulting to the memory of the victims.  And it would be no less invidious or wrong than what happened to Daniel Inouye in Oakland.  And it is endlessly frustrating that there are still people who don’t understand why that’s the case.

December 13, 2012
Can You Guess The Number Of Golf Courses Run By The Pentagon?

If you guessed 234, you’d be right:

[G]enerals and admirals aren’t the only ones who get to enjoy some of perks of being in the U.S. armed forces. Although lower-ranking service members don’t get private jets and personal chefs, U.S. taxpayers still spend billions of dollars a year to pay for luxuries that are out of reach for the ordinary American.

The Pentagon, for example, runs a staggering 234 golf courses around the world, at a cost that is undisclosed.

Laura Gottesdiener notes that assessing the total cost of these golf courses is difficult because some of them are left uncounted, since courses in controversial areas like Guantanamo Bay and Baghdad are often left off the list.  There is some data, however:

According to journalist Nick Turse, “The U.S. Army paid $71,614 [in 2004] to the Arizona Golf Resort — located in sunny Riyadh, Saudi Arabia,… The resort actually boasts an entire entertainment complex, complete with a water-slide-enhanced megapool, gym, bowling alley, horse stables, roller hockey rink, arcade, amphitheater, restaurant, and even a cappuccino bar — not to mention the golf course and a driving range.”

And then there’s our golf course in Korea:

DoD’s Sungnam golf course in the Republic of Korea, meanwhile, is reportedly valued at $26 million.

This all comes on the heels of a report issued by Senator Tom Coburn’s office detailing the wasteful spending in DHS’s Urban Area Security Initiative.  One of my favorites:

Keene, New Hampshire, with a population just over 23,000 and a police force of 40, set aside UASI funds to buy a BearCat armored vehicle. Despite reporting only a single homicide in the prior two years, the City of Keene told DHS the vehicle was needed to patrol events like its annual pumpkin festival. 

This is a Bearcat armored vehicle (Photo via David Icke):

This is the Keene pumpkin festival (photo via Meghan Pierce):

Clearly, this is an event that requires paramilitary vehicles to achieve adequate security.  Perhaps if they’re lucky, they’ll be able to play golf on a Pentagon-sponsored golf course once they’re done.  One can dream, anyway.

December 6, 2012
Dead With Honor, Or Alive And Prosecuted?

Eric at The Unwashed Advocate discusses a disturbing case from the military involving the prosecution of a soldier for a failed suicide attempt.  A failed suicide attempt can qualify as a violation of UCMJ Article 134, which provides criminal penalties for “violating good order and discipline” or “bringing discredit on the armed forces.”  From Marine Corps Times:

The court was hearing the appeal of Marine Pvt. Lazzaric Caldwell, who was convicted of “self-injury” after he slit his wrist in a barracks in Okinawa in 2010.

He was convicted under the Uniform Code of Military Justice’s Article 134, known as the General Article, because the judge found his self-injury was prejudicial to good order and discipline and brought discredit upon the service.

At least one judge on the military’s high court agreed with that argument. “You don’t think that the public will think less of the military if people are killing themselves? …There’s literature out there that these things come in waves,” said Judge Margaret Ryan.

The most disturbing part about the case was brought to the attention of the Court of Appeals for the Armed Forces, the highest military court, by Pvt. Caldwell’s military lawyer—if Caldwell had successfully killed himself, he would have been buried with honors.  But because he failed, he was prosecuted:

“If [Caldwell] had succeeded, like 3,000 service members have in the past decade, he would have been treated like his service was honorable, his family would have received a letter of condolence from the president and his death would have been considered in the line of duty. Because he failed, he was prosecuted,” noted Navy Lt. Michael Hanzel, the military lawyer representing Caldwell.

Indeed.  One fears that this injustice will be rectified by making successful suicides subject to post-humous penalties, such as a dishonorable discharge.  The problem with this approach, however, is plain:

Many mental health experts say criminalizing attempted suicide will undermine the Pentagon’s efforts to prevent troops from taking their own lives. Those laws might make troops reluctant to come forward, seek help and be candid with mental health counselors if they fear potential prosecution.

Indeed.  Given that the so-called “General Article” is not being taken out of the UCMJ anytime soon, this strikes me as a basis for a proviso amendment that specifically exempts suicide or attempted suicide, with appropriate evaluative procedures to allow the court to use expert witnesses to help them make findings of fact.  Of course, the General Article itself is obviously problematic, but military justice is a much different beast than civilian justice, and these sorts of broad, discretionary standards are far more common in Courts-martial than in civilian courts.  Fundamental changes to Article 134 may not be possible, but marginal changes could be within reach.  

This strikes me as something that Democrats and Republicans can easily come together on.  In fact, this is something that the White House doesn’t even need Congressional approval for—the Pentagon can implement changes to the Manual for Courts-Martial unilaterally that would end this overnight.  Somehow, I think we’ll be holding our breath for awhile on that one.

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Filed under: politics military ucmj 
November 24, 2012
"Eisenhower understood the trade-offs between guns and butter. “Every gun that is made, every warship launched, every rocket fired, signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed,” he warned in 1953, early in his presidency. “The cost of one modern heavy bomber is this: a modern brick school in more than 30 cities. It is two electric power plants, each serving a town of 60,000 population. It is two fine, fully equipped hospitals. It is some 50 miles of concrete highway. We pay for a single fighter plane with a half million bushels of wheat. We pay for a single destroyer with new homes that could have housed more than 8,000 people."

Aaron B. O’Connell, Assistant Professor history at the United States Naval Academy and Marine Reserve Officer.

November 14, 2012
"Under the Geneva Conventions, mede­vac crews are supposed to be immune from fire, but the Geneva Conventions are often ignored. In the six months following Operation Hammer Down, for example, Army medevac helicopters—which rescue not only soldiers but civilians—were shot at 57 times. There’s a collective toll to pay for floating around unarmed in combat, an anecdotally higher rate of emotional prob­lems and frequent casualties. In essence the medevac mission hasn’t changed since it was created, 50 years ago this year. The banner outside the DUSTOFF 73 barracks in Jalalabad says “burning gas to save your ass.” But the patches they wear into battle are inscribed with a darker motto, the final words of Maj. Charles Kelly, the first mede­vac commander, shot through the heart as he refused orders to fly away from a dan­gerous rescue site in Vietnam. “I’ll leave,” he said, “when I have your wounded."

Tony Dokoupil & John Ryan

November 3, 2012
KBR verdict: $85 million awarded to 12 Oregon soldiers; KBR guilty of negligence, not fraud | OregonLive.com

other-stuff:

In a potentially precedent-setting verdict, a Portland jury found defense contractor KBR Inc. was negligent, but did not commit fraud against a dozen Oregon Army National Guard soldiers who sued the company for its conduct in Iraq nine years ago. Magistrate Judge Paul Papak announced the decision about 3:35 p.m. the U.S. Courthouse in Portland. Each soldier was awarded $850,000 in non-economic damages and $6.25 million in punitive damages.

“It’s a little bit of justice,” said Guard veteran Jason Arnold, moments after the verdict was announced Friday afternoon. Arnold was one of four of the soldier-plaintiffs in the courtroom was the verdict was read.

The verdict should send an important message to those who rely on military troops, he said. “We’re not disposable,” said another soldier, Aaron St. Clair. “People are not going to make money from our blood.”

KBR’s lead attorney, Geoffrey Harrison, said the company will appeal.

KBR formerly a subsidiary of Halliburton, headquartered in Houston

What with the appeal, I guess this won’t be over for a long time, but it is a good first step. From the news report I heard before the jury came in, it sounds like the military officials didn’t hold up their end of protecting the soldiers either.

LTMC: It’s good to see that creative lawyers are finding ways to hold military contractors liable after Boyle v. United Technologies Corp.  Sometimes, all it takes is a good ole’ fashion state tort claim.  Unfortunately, in this case, there’s a strong chance that this will get overturned on appeal.  Bloomberg notes correctly that KBR has avoided civil liability many times by getting favorable rulings with regard to immunity from civil liability for private military contractors.  And the general rule under Boyle, which often works in tandem with the Combat Activities Exception to the Federal Tort Claims Act, is that military contractors are immune from suit for injuries arising from products used by soldiers in the course of carrying out combat missions.  At any rate, I’m glad the soldiers won on the merits, at least.

(via sarahlee310)

September 29, 2012
"I can never understand what it is like for a mother to hear her son say he wants to join the Marine Corps, especially during a time of war."

Bailey Leonard

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Filed under: politics military 
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