Tag: Military Justice

As A Reward For Taking A Life

Closing Thought–30Jan20

I have critical of what the Special Forces have become…..especially the SEALs….everyone’s hero…..

I wrote awhile back of the death of an Army Green Beret at the hands of SEALs…..https://lobotero.com/2018/01/13/death-in-mali-2/

Then there crimes were taken to a court-martial…..https://lobotero.com/2019/05/20/death-in-mali-is-justice-served/

I was pleased that there was payment for stupidity and crimes…..but that joy is now in the past…….for there has been yet another turn in this story…..

The U.S. Navy promoted Chief Petty Officer Tony DeDolph four months after he admitted to choking a Green Beret to death. 

DeDolph—who will be back in court Thursday for a preliminary hearing—was formally charged in November 2018 with felony murder, conspiracy, obstruction of justice, burglary, hazing, and involuntary manslaughter in the strangulation death of Army Staff Sgt. Logan Melgar, a Special Forces soldier assigned to the 3rd Special Forces Group.

Melgar was nearing the end of his deployment when he was killed in the West African nation of Mali in June 2017. He was part of an intelligence operation in Mali supporting counterterrorism efforts against al Qaeda’s local affiliate, known as al Qaeda in the Islamic Maghreb.

https://www.thedailybeast.com/navy-seal-tony-dedolph-was-promoted-after-choking-green-beret-logan-melgar-to-death

Seriously?

Now we know why the new commander of the SEALs is trying to clean up this mess of crime and corruption….aand of curse the president will want to look important but should keep his orange nose out of the process.

More news about the UCMJ and military retirees……

In the latest turn of a dramatic and winding court saga, a naval appeals court has released a split decision finding that a Navy retiree was properly court-martialed and convicted for a crime committed after he had left active duty.

The en banc decision was published Jan. 24 by the Navy-Marine Corps Court of Criminal Appeals, with four judges agreeing with the final decision and three others dissenting. The matter concerns retired Chief Petty Officer Stephen Begani, who pleaded guilty to attempted sexual assault and attempted sexual abuse of a child in December 2017, after corresponding and making plans with a Naval Criminal Investigative Service undercover agent pretending to be a 15-year-old girl.

https://www.military.com/daily-news/2020/01/29/military-retirees-can-be-court-martialed-after-all-appeals-court-decides.html

A crime should be punished….no matter one’s station in life.

I Read, I Write, You Know

“lego ergo scribo”

To Fix Special Ops

I have been writing about the antics of our so-called “elite” troops……I should call them problems because it seems to be spreading at an alarming rate…..https://lobotero.com/2019/08/15/seals-have-a-problem/

I have been watching the steps being taken……https://lobotero.com/2019/09/13/closing-thought-13sep19/

The new commander has grab the bull by the horns so to speak and began his clean sweep with SEAL Team Seven……https://lobotero.com/2019/09/13/closing-thought-13sep19/

As I stated in the above post….a good start but why not begin with the SEAL Team Six?

There are lots of opinions as to how to fix this problem……

“How can something like this happen in 2017?”  asked the military judge Col. Glen Hines. He continued, “The question needs to be answered. If we don’t get to the bottom of it, this is going to happen again.” With this prediction, Hines suggests that the Melgar murder, shocking though it might be, was no aberration, but a symptom of a culture decayed from within. He’s probably right. How else to explain the recent spate of serious incidents in the special operations community, which run the gamut from war crimes and spousal murder to child rape and drug trafficking? Perhaps Hines was looking too at the rank and status of the individuals involved in Melgar’s murder, all of whom were highly respected leaders in elite units, including two members of the storied SEAL Team Six. These men weren’t outliers, but rather the type who attract emulation by peers and subordinates: “Kevin was a hero of mine,” commented one Marine special operator I know, before adding, “or was.” When such men commit an act that appears to outsiders to be off the scale, it suggests that similar behavior has up to this point been condoned, even lauded, by the culture to which they belong. And as Hines indicates, unless something is done to fix that culture, Melgar’s murder is likely to be just another waypoint in a descending pattern of illicit conduct in America’s special operations community.

How to Fix a Broken Special Operations Culture

I say forget the Space Force…..combine all these troops from all the services into one force and call it something like…the Irregulars Fighting Force (just off the top of my head)….that would eliminate any cross service rivalry and make cooperation more accessible.

“Lego Ergo Scribo”

No Way For The “Best Of The Best” To Behave

A chopper crashes in NYC….that is a local story not a national one……and yet this, the story below, does not make the cut for the crap the MSM prefers to feed the public.

I have been writing about the death of a US Green Beret at the hands of two fellow Special Ops troopers…SEALs and Marine Raiders….if you care to get caught up….

https://lobotero.com/2019/05/20/death-in-mali-is-justice-served/

https://lobotero.com/2018/11/13/more-on-the-death-in-mali/

https://lobotero.com/2018/11/27/death-in-mali-continued/

Recently the truth and nothing but the truth has come out in the trials of the murderers…..https://lobotero.com/2019/05/20/death-in-mali-is-justice-served/

I thought that it was pathetic that these elite soldiers were acting like spoiled Frat Rats…..and then the “rest of the story” was released……

The story of how an Army Green Beret staff sergeant died at the hands of four fellow special operators while on a tour in Bamako, Mali two years ago has evolved over time as leaked information and finally official charges and a guilty plea from one of the defendants laid out details of the man’s death.

One of the remaining three co-defendants, a Marine Raider, is set to plead guilty to charges connected to what lead to the strangulation death of Staff Sgt. Logan Melgar. But documents obtained by The Washington Post add new details that were not previously revealed.

The Post reported Wednesday that through a stipulation of facts document it obtained and verified that not only were the two Navy SEALs and two Marine Raiders going to assault, duct tape and video record the illegal hazing of Melgar, but that they also planned to have a Malian man who was present sexually assault the 34-year-old staff sergeant on video.

https://www.militarytimes.com/news/your-army/2019/06/05/raiders-seals-planned-sexual-assault-in-green-beret-hazing-that-led-to-homicide/

Seriously?  Is this what our “Best Of The Best” have come to?

The US needs to stop sweeping this stupidity under the rugs and come clean and take stock and clean up our Special Ops…..it seems to have become nothing more than spoiled brats having a “a little fun” and then not held responsible for the murder they committed.

Apparently the SEALs and Raiders do not think that they are held to the same as the rest of the military.

This is NOT the first story of the SEALs acting like prima donas….

https://lobotero.com/2014/11/10/squabbling-seals/

https://lobotero.com/2019/01/10/special-ops-under-scrutiny/  (Not to worry this has been settled where low ranking officers take the heat while the upper sits on their blotted asses and allows the Special Ops to deteriorate)…..

Time for some serious house cleaning and re-adjustment of the parameters of the Special Ops.

Plus the MSM tries to portray these people as some how “super human”…and will do what it takes to protect their reputations at all costs.

No Way To Honor Memorial Day

Today is the day set aside to honor those that gave all for their country……and to remember those who did not return from war…..

Not a day for controversy……Our president is talking about using his pardon power yet again…..this time will be a mistake……

How are you spending Memorial Day?  Ordinary people may attend parades, host cookouts, or take the long weekend to visit loved ones……but not our beloved supreme leader……

Donald Trump, on the other hand, may pardon a few war criminals.

The president recently requested the files of several accused and convicted U.S. war criminals, a possible step toward expedited pardons for individuals who’ve done unspeakable things.

There’s SEAL chief Edward Gallagher, who senselessly shot to death a teenage girl and an elderly man in Iraq. Gallagher also brutally stabbed a wounded 15-year-old to death – and then posed for photos with the body, which he texted to friends.

https://original.antiwar.com/Peter-Certo/2019/05/26/pardoning-war-criminals-is-a-monstrous-way-to-honor-memorial-day/
 
Even members of Congress do not want the president to step into the middle of military justice…..

Sen. Joni Ernst (R-Iowa) on Sunday urged President Trump to be “careful” in his reported plans to pardon a number of military servicemen who were accused of war crimes.

Ernst told CNN’s Dana Bash on “State of the Union” that she doesn’t “know the details” of the prosecution for Navy SEAL Edward Gallagher or others but urged the president to “be very careful” in making a determination on pardons.

The president should not interfere with military justice……there is a code of conduct for service people…that code should not be questioned or overturned.
 
The president will do little to remember our fallen heroes if he goes through with this idea.
 
Today we observe and honor our war dead….it should be about NOTHING but that.
 
 
A Closing Thought…..I do not think this would be a story if the president had done his duty and served in the military (that is an idea for another post)……

Death in Mali–Is Justice Served?

About 2 years ago in the West African nation of Mali and our US Special Ops troopers, who are the best in the world, had a situation where an Army Green Beret was killed by 2 Navy Seals and a couple of Marine Raiders…..I wrote extensively about this event….most of what I wrote is referenced in this post……https://lobotero.com/2018/12/11/death-in-mali-update/

A Navy SEAL pleaded guilty Thursday in the hazing death of a Green Beret soldier, detailing the late-night plot to break into 34-year-old Army Staff Sgt. Logan Melgar’s room with a sledgehammer, put him in a chokehold and restrain him with duct tape during a deployment in Africa.

In a pretrial agreement, Chief Special Warfare Operator Adam Matthews pleaded guilty to conspiracy to commit assault, unlawful entry, obstruction of justice and violating a general order by committing hazing. As part of the plea deal, prosecutors agreed to drop murder and involuntary manslaughter charges against him.

Following the agreement, a military judge sentenced Matthews to one year in military prison.

Matthews said that he, along with another member of the Navy’s SEAL Team 6 and two elite Marine Raiders, carried out the “juvenile” attack on June 4, 2017, in Bamako, Mali’s capital.

The service members are also accused of lying to Navy commanders and investigators about what happened.

Ahead of Thursday’s hearing, Matthews’ attorney, Grover Baxley, said his client “looks forward to detailing what happened that night in Mali almost 2 years ago and hopes that his explanation of events will assist the Melgar family in finding some semblance of closure.”

He added that Melgar’s death was “an unforeseen accident that has dramatically impacted the lives of everyone involved. SOC Matthews is eager to assist with the Navy’s resolution of this case and then attempting to move on with his life.”

In an earlier statement to Military Times, Matthews’ attorney said he didn’t believe his client nor the three other men accused meant to kill Melgar.

“I don’t believe any of these four men did. This was an avoidable tragedy, and SSgt Maxwell is deeply remorseful for his role in it,” Maxwell’s other attorney, Brian Bouffard, wrote in an email.

Even though Melgar died in June 2017, the Pentagon did not release any information regarding his death until news outlets broke the story several months later.

According to The Washington Post, the tragedy occurred after a long night of drinking and partying. Two SEALs and two Marine Raiders smashed their way into Melgar’s room with a sledgehammer because they purportedly wanted to teach him a lesson for leaving them behind in traffic on the way to a party at the French Embassy

One of the SEALs, Petty Officer 1st Class Anthony E. DeDolph, jumped on Melgar and put him in a chokehold while Matthews grabbed Melgar’s legs. The two Marines then duct-taped his legs together. When they moved on to Melgar’s wrists, they realized he had stopped breathing.

The case, including allegations of a coverup, shed light on the culture of heavy drinking and womanizing in a West African city where there are alcohol restrictions and warnings about terrorist threats.

(Fox News)

I am glad that this may be finally over for the family of SSgt Melgar……but the accused are full of shit!

They are glad it is over?  After lying constantly and then given a lighter sentence I guess they are glad it is over.  And to fake concern for the family of SSgt Melgar is disingenuous…

Personally, I think they got off light and they should be thankful…there is NO excuse for special ops killing each other there are enough “bad guys” to do it for them.

Think about this…if I get drunk and drive and kill someone I am guilty of vehicular homicide …….and yet these people are not guilty of any thing other than a wrist slapping offense.

The Pentagon is anxious to close this chapter and move on…..but should it?

The Pentagon needs to get a handle on the discipline problem within the Special Ops…..I thought the Special Ops troops were the best of the best…..yet they act no better than some sophomoric frat boys.

Petraeus: Pathetic Justice

Nothing to see here…..move along…..this is not the spy we were looking for………

The hero of the Iraqi Surge, Gen. Petraeus, former Director of the CIA has been found guilty of passing secrets to his mistress and then lying to the FBI during the investigation………and what did he get for betraying his country?  2 years probation and $100,000 fine……….

It is pathetic!  What would he have got as a penalty if he had been a NCO?  Or a civilian defense contractor?

I have heard that he has paid enough for his momentary loss of judgement…….he has lost his prestigious gig as head of the CIA and his fine was more than double what they were asking for……..and that is justice?

He makes about $125,000 per speech…..his book, when he writes it will make him a millionaire and he will not be out a gig for long….that is if he loses his cushy gig with KKR Investments and his teaching gig at USC………..if nothing else he can join another betrayer of his country, Col. North on FOX News…..I am sure they will find a place for another disgraced “hero”……..

This was not justice!  This was a pathetic joke!  It illustrates very accurately just how unbalanced “justice” is in this country.  Just look how other “leakers” of sensitive material have been treated and then look at Petraeus…..he leaked ‘sensitive’ information……….now tell me that it was a just ruling and justice was served.

OOPS! There Is A Thing Called The UCMJ

I have stated that I think all the FOOLS making a determination on the Bergdahl thing from hearsay are IDIOTS!  Political game at the expense of a person’s life….that makes them lower than low.

Is he a deserter or not?  opinions on this mean NOTHING for you see that determination will be made by a military court under the uniform code of military Justice (UCMJ).  No amount of ranting by bug-eyed twats like Malkin or Douchey-bag from FOX can change that simple fact.

Under the UCMJ he may not be charged with desertion…..and now you want to know why…..right?

When is a solider a deserter? Critics have accused Bowe Bergdahl of being one; there’s even a petition to the White House calling for his punishment and a popular “Bowe Bergdahl is NOT a Hero!” Facebook page. But the Idaho Statesman pointed out on Saturday that Bergdahl was never formally named a deserter, and today Mother Jones explains more about why: A soldier isn’t a deserter until administratively classified as one, which typically happens on his 31st day of being AWOL—on unauthorized leave. Classification is not conviction, however, though it does mean the soldier could be court-martialed and possibly convicted of the felony of desertion.

If the military classifies someone as a deserter before the 31st day, officials need to prove the soldier left without intending to return—and Bergdahl was captured after just 24 hours away. If the military decides not to prosecute a deserter, it can opt for an other-than-honorable discharge, or to “retain and rehabilitate” the soldier. Whether any of this will be relevant remains to be seen: Military experts predict the Army will deem Bergdahl’s five years as a Taliban prisoner as time served. Nonetheless, the military plans to investigate Bergdahl’s case.

I am disgusted with the media, politicians and most of all the people….for they are convicting this person without evidence other than some hearsay.  And he is being used as a pawn for political gain…..he does not get the benefit of doubt….whatever happened to “innocent until proven guilty”?

The American people are a PATHETIC lot!

But in case you would like to know more about the UCMJ…….I can help……..http://www.au.af.mil/au/awc/awcgate/ucmj.htm

Read for yourself…….the words are not too big….I know how Americans hit those 50 cent words.

A Master Con Job?

Keeping with today’s topic, the Middle East…..may I suggest the Chicken Shwarma today’s gastronomical delight….now with lunch ordered let’s move on to the next subject for today’s discussion.

We will talk about KSM….that AQ leader and master mind of 9/11 captured in Iraq during the glory days of our latest Iraq excursion……he was captured in Pakistan…..it seems that he may have had an epiphany………

After more than a decade in American custody, confessed 9/11 mastermind Khalid Sheikh Mohammed appears to have had second thoughts about the use of violence. The former al-Qaeda propaganda chief suggests Islam should not be spread by violence in a rambling manifesto viewed by Channel 4 News. He also blasts Western society, the US military, and quotes from Richard Nixon and George W. Bush as well as the Koran. He says two further installments of the manifesto will explain the 9/11 attacks and reveal “the truth about the so-called war on terror.” The Koran “forbids us to use force as a means of converting” others, and “truth and reality never comes by muscles and force but by using the mind and wisdom,” writes Mohammed, who is being kept in solitary confinement at Guantanamo Bay. How sincere is he? The manifesto suggest that he either believes he can convert American readers, or is “playing a mind game to attract publicity, feign mental illness, or spare himself the death penalty if convicted in the 2001 attacks,” decides the Los Angeles Times.

Personally, I think it is a big time con…..looking for some easier outcome in his trial….but I could be wrong…..they say that a leopard cannot change his spots….does that seem to fit here?

Okay, break into groups and discuss.

He’s Guilty!

Daily Agitator

WikiLeaks!  By now we all have heard of the release of “classifies” documents by alleged hacker PFC Manning Bradley……matters not what we think of the person or what he is accused of doing…..what matters is one of those darn pesky rights we have….that being “innocent” until PROVEN “Guilty”……..

Bradley is accused of releasing secret documents to an outfit known as WikiLeaks….some think him a hero and others see him as a traitor….whatever your choice is is your decision….however, regardless of what you feel….the man deserves a fair trial….and at this point I do not think he can get one….why?

First of all, he has been convicted already in the court of public opinion and the news outlets have seen to it that his “fair” trial will give only one verdict…..GUILTY!

And now our President has weighed in on the issue…..when giving a speech recently he was interrupted by protesters in support of Manning and the Prez responded……

“I have to abide by certain classified information,” Obama said on a video that quickly began to circulate among media outlets Friday. “If I was to release stuff, information that I’m not authorized to release, I’m breaking the law. … We’re a nation of laws. We don’t individually make our own decisions about how the laws operate. … He broke the law.”

I would say that Manning is pretty much screwed and that chance of a “fair”  trial is pretty much out the door…..in making that statement Pres. Obama has violated the Uniform Code of Military Justice and after all he is the Commander in Chief of the military…..but how did he violate the UMCJ?

ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to

(1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or

(2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.

(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.

In making his statement he may have unwittingly given his defense team a chance for some action on Manning’s behalf…..sorry….but EVERYBODY deserves a fair and unbiased trial….regardless of the crime one is accused of committing……