You cannot "answer" my post, as there exist no questions in my post. My post is completely factual and is how the system works in the Army. Your "questions" are rhetorical garbage.
Fourth Infantry Division commander Maj. Gen. Raymond
Odierno relieved West of command of his battalion
following an incident on Aug. 20 where he compelled an
Iraqi detainee to reveal details of a planned ambush by
twice firing his 9 mm. Sidearm close to the Iraqis head.
The incident has become a major headache for the
Army, which has reportedly received thousands
of letters and emails from veterans and ordinary
citizens incensed over an officer being punished
for taking steps to safeguard the lives of his
soldiers in a guerrilla combat zone.
An Iraqi informant reported that there was an
assassination plot against West, an artillery officer
working with the local governing council in Saba al Boor
near Tikrit in the Sunni Triangle of Iraq. The informant
told soldiers that one person involved in the attack was
a town policeman.
West had the policeman placed in a detention center
but interrogators had no luck at first, so West decided
to take over the questioning himself.
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West said the gunshots spurred the Iraqi to
provide the location of the planned sniper
attack and the names of three Iraqi guerrilla
fighters.
West was charged with a single count of aggravated
assault under Article 128 of the Uniform Code of Military
Justice, which describes assault as: Any person subject
to this chapter who attempts or offers with unlawful
force or violence to do bodily harm to another person,
whether or not the attempt or offer is consummated, is
guilty of assault and shall be punished as a court-martial
may direct.
The 4th Infantry Division prosecutor offered West two
choices: Resign now, short of his 20-year retirement
eligibility tomorrow, or face criminal proceedings that
could lead to a trial. The assault charge carries a
maximum penalty of eight years in prison.
An article 15 conviction is usually considered a career-
killing event, but Odiernos decision by to relieve West
of his battalion command had already done that. West
plans to retire from the Army once the proceedings
have finished.
Its extremely good news, said attorney Neal Puckett,
who defended the officer at a pretrial hearing last
month. This is what we think the Army should have
done from the very beginning, Puckett said.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
Sh!t happens.
Sometimes there is somone who doesn't like the way
the discussion is going so he deletes posts that don't
agree with is point of view.
The same thing can happeh with a whole thread which
has 75 posts already.
Go figga!
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
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So a unit's morale was getting low and the commanding
officer gave a gung ho pep talk and at the end asked
for questions, one soldier raised his hand and when
called upon asked; "Sir, what if the weakest link
is the CIC??"
And JAG had nothing to do with the Leavenworth Ten.
Yeah right.
And there is no pressure by JAG on 'fellow' officers'
to not give up a sacrificial lamb once in a while??
Dont shoot as youll wake up Afghans, soldiers told | Defence / Terrorism
American soldiers now can recieve a medal for
'courageous restraint,' one can only wonder how
long it will be before they can proudly display
an 'outstanding dicksucker' award.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
On March 20th, 2009, Army Ranger 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing Ali Mansur, a known Al Qaeda operative while serving in Iraq. Mansur was known to be a member of an Al Qaeda cell operating in the lieutenants area of operation and was suspected to have organized an attack on Lt. Behennas platoon in April 2008 which killed two U.S. soldiers and injured two more. Army intelligence ordered the release of Mansur and Lt. Behenna was ordered to return the terrorist to his home.
During the return of Mansur, Lt. Behenna again questioned the Al Qaeda member for information about other members of the terrorist cell, and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense. The government subsequently prosecuted Lt. Behenna for premeditated murder.
Not only is this a miscarriage of justice on the behalf of Lt. Behenna, who was acting to prevent further loss of life in his platoon, it is demoralizing to the U.S. troops who continue to fight on behalf of the freedom and security of our nation. Whether it is U.S. border patrol agents, members of the armed forces, or FBI agents, no individual who is serving on the frontlines in the War on Terror should be so blatantly mistreated.
-------------------------------
February 23, 2009: Lt. Behennas trial begins
Government and defense experts agree on the trajectory of the bullets killing Mansur
Prosecution expert Dr. Herbert MacDonnell initiated contact with defense attorneys explaining his agreement with the testimony of Lt. Behenna and his presentation to prosecutors supporting Lt. Behennas version of events.
Dr. MacDonnell is not called to testify in the case and instead is sent home. Just before leaving the courthouse he picks up his coat from the prosecution room and says to the three prosecutors (Megan Poirier, Jason Elbert, and Erwin Roberts), The explanation that Lt Behenna just testified to was the exact same scenario I told you yesterday. Lt Behenna is telling the truth.
Jack Zimmermann, defense counsel, asks prosecutors if they have any exculpatory evidence that should be provided to the defense (referring to Dr. MacDonnells demonstration).
Prosecutors deny having any such evidence despite having been told by their own expert witness that Lt Behennas explanation was the only logical explanation.
Prosecutors withholding of this evidence allowed them to argue that Lt. Behenna executed Ali Mansur while seated when the forensic experts, including Dr. MacDonnell, agree that Ali was standing with his arms outstretched when shot
Lt. Behenna is convicted of unpremeditated murder and assault by a military panel of seven officers, none of whom had combat experience.
Dr. MacDonnell contacts prosecution requesting that the information provided in his demonstration be given to the defense.
Prosecutors provide such information after a verdict was rendered, but prior to sentencing.
At the request of the presiding judge, Dr. MacDonnell provides his information to the court via telephone.
The judge orders both sides in the case to file briefs relating to a possible mistrial
After reading the briefs the judge set an additional hearing and ordered additional briefs, including one from the defense requesting a new trial.
On March 20, the judge denied defense motions to declare a mistrial and to order a new trial
U.S. Army Master Sergeant John E. Hatley was sentenced to life in prison for the alleged killing of four unidentified insurgents.
The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found. There was also no ballistics or forensic evidence found to support the men were killed.
-----------------------
This area was made up of over 1 million Iraqi and was the second most violent sector of Baghdad at that time (pre-surge). It was the most violent area patrolled by 1-18IN. This sector (West Rasheed) experienced extreme sectarian violence.
Attacks on American Soldiers were among the highest the war had seen, as well as attacks on fellow Iraqis.
Several Iraqis being detained by US Soldiers were subsequently released, only to be detained again after engaging Soldiers again. The reasons these Iraqis were originally released are many and complicated.
April 30, 2009 SFC Joseph Mayo plead guilty to premeditated murder and conspiracy to commit premeditated murder. Due to a pre trial agreement he was sentenced to 35 years with the possibility of parole in 10 years and received a dishonorable discharge. In June 2009 Joe was granted clemency by the convening authority and his sentence was reduced to 20 years with the possibility of parole in 6 years and 8 months, with his discharge changed to a bad conduct discharge.
Although SFC Mayo pleaded guilty, the four men these soldiers were convicted of murdering were never identified by name, nor were their bodies found.
Hunsaker began his tour in Iraq 7 Aug 2005. During a mission named "Iron Triangle," SPC Hunsaker and three other soldiers (SSGT Girouard, PFC Clagett, SPC Graber) were given an illegal order which resulted in the death of three al-Qaida detainees. Hunsaker was charged and convicted of two counts of premeditated murder and conspiracy to commit murder. He received an 18 year sentence as a result of a plea bargain and is now serving that sentence at Fort Leavenworth Disciplinary Barracks in Fort Leavenworth, KS.
The colonel who gave the rules of engagement, the order to "KILL ALL MILITARY AGE MALES," was not charged because he exercised the fifth amendment right1 and did not testify against himself.
Prior to this incident, the first sergeant who asked, in reference to the detainees, "why are they still alive?" and gave the order to kill the male detainees, was under investigation for war crimes. Those charges have been dropped, and he is now with his family and serving in Germany.
In Iraq, Sgt. Vela Carnahan served as a member of a sniper squad which operated behind enemy lines for over nine continuous months in one of Iraqs most dangerous areas, a hostile Sunni Arab region south of Bagdad near Iskandariyah, known as the Triangle of Death.
-------------------------
The increase in kills, according to Staff Sgt. Michael Hensleys testimony, was due in part to the reduction of the restrictive Rules of Engagement. The new standard given to him by commanding officers was that anyone deemed a threat was to be eliminated, regardless of whether they were armed or unarmed.
In addition, the kill rate also increased because of a classified new baiting technique that used fake explosives and detonation wires as bait to lure and kill suspected insurgents. In late January this baiting program was introduced to Staff Sgt. Hensley and a select few members of the 1st Battalion.
According to sworn statements from former platoon leader, Captain Matthew Didier, the U.S. Militarys Asymmetric Warfare Group visited the unit in January 2007 and asked about placing weapons at locations near Iskandariyah. In Didiers statement, A few days later the Battalion Operations officer came to us with items (fake detonation cord, C-4, wires, AK-47 rounds, AK-47 magazines) we could place in or around known cache areas or likely cache spots". If we happened to see the individuals take the items we would engage the enemy to destroy an enemy." The Army has declined to confirm that the baiting program exists.
-------------------------
The unit hiked under the cover of night carrying 150-lb. rucksacks and crossing several marshy canals with chest-high water to reach their destination by dawn. At their destination, they immediately broke into two or three man teams to conduct surveillance all day long in the 120 degree heat, while trying to conserve the three or four liters of water per man they had carried in. Some of the men, in order to just stay mobile and to fight off severe headaches began administering hydrating IVs. By the end of the second day, in addition to suffering from exhaustion, the men were suffering from dehydration and the effects of acute sleep deprivation. The soldiers were not allowed to sleep more than fifteen minutes at a time, and by the fourth day, the day of the shooting, they had slept no more than 3-4 hours over the previous 78-hour period.
On Friday May 11th, 2007, still deep in hostile territory, the ailing squad consolidated and holed up to try to get a few hours of uninterrupted rest in their hide, which is an area where snipers can observe targets without being seen. The hide in this case was overlooking a village that was suspected of being controlled by Sunni insurgents. Each man took turns guarding the others for an hour, but despite his best efforts, Sgt. Vela Carnahan fell asleep during his one-hour turn. When Sgt. Vela Carnahan awoke, he found Al-Janabi, an Iraqi national, standing just a few feet from him. Sgt. Vela Carnahan immediately started trying to wake-up the rest of the men, informing them that their position had been compromised. When Staff Sgt. Hensley awoke and understood the seriousness of the situation, he immediately took charge and pinned Al-Janabi to the ground and searched him. Shortly thereafter, Al-Janabis 17-year old son followed his father into the hide area.
Al-Janabi and his son were held captive by Staff Sgt. Hensley and his men until Staff Sgt. Hensley spotted several Iraqi military-aged men in the distance. Al-Janabi started to become very loud and was thrashing about making a lot of noise and Staff Sgt. Hensley became concerned that Al-Janabi would alert the other Iraqis in the area. Staff Sgt. Hensley testified that Al-Janabi was making too much noise and he thought the only way to protect his men was to take Al-Janabis life. He released Al-Janabis son and ordered everyone except Sgt. Vela Carnahan to leave. Staff Sgt. Hensley then ordered Sgt. Vela Carnahan to load his 9-millimeter pistol and made four calls to command post to support a cover story. After completing the calls, Staff Sgt. Hensley ordered Sgt. Vela Carnahan to fire, and Sgt. Vela Carnahan being a sniper who was conditioned to pull the trigger on the order to shoot, reflexively complied.
After the shooting, Staff Sgt. Hensley pulled out an AK-47, a weapon favored by insurgents, and placed it near Al-Janabis body. At Sgt. Evan Vela Carnahans trial, Sgt. Hensley testified, It wasnt uncommon for us to have to plant stuff like that out there and that they often carried incriminating items to plant on Iraqis as insurance, in case they needed to create a cover story for American investigators after a shooting. The insurance was needed, because even though their superiors were pressing the squad to increase their kill rate, they held out the threat of prosecution for unjust shootings based upon Rules of Engagement. These Rules of Engagement are frightening our soldiers into having to carry insurance because of their fear that they will be charged by their own Country with murder or war crimes for making decisions to defend themselves.
-----------------------
One of the soldiers who came forward with the allegations later told the court that he believed the classified items were for dropping on people the unit had killed, "to enforce if we killed somebody that we knew was a bad guy but we didn't have the evidence to show for it."
In his testimony at Sgt. Evan Vela Carnahans trial, Staff Sgt. Hensley, endeavored to justify the killing, saying that Al-Janabi would not stop yelling, crying and "flopping around like a fish" despite repeated efforts to silence him. It was then that Hensley says he decided, for the safety of his men, that Al-Janabi had to die. "I thought that he was trying to alert insurgents," Hensley said. "I felt like I had no choice or we would be further compromised." He says he asked Sgt. Vela Carnahan, who had a pistol trained on the man, if he was ready, and then he told him to shoot.
-----------
Staff Sgt. Michael Hensley was tried in Bagdad and acquitted of murder but convicted of planting evidence. He was sentenced to 135 days confinement, which was equal to time served, received a letter of reprimand, and was reduced in rank to Sergeant.
Specialist Jorge G. Sandoval, Jr. was acquitted of murder of Al -Janabi, but convicted of planting command wire to mislead investigators in a separate incident. He received a sentence of five months, which was equal to time served, a letter of reprimand, and was also reduced in rank.
Prior to the trial of Sgt. Evan Vela Carnahan, his family felt that the Sergeant had become a political sacrifice to U.S.-Iraqi relations. According to Sgt. Vela Carnahans father, Curtis Carnahan, who, along with Sgt. Vela Carnahans wife flew to Baghdad to attend the trial, "My son's commanding generals want somebody to be guilty of something so they can appease their Iraqi counterparts. They have tried this killing two times already and have no murder convictions to show for it. I know my son did not do anything wrong and I am optimistic the jury will agree."
Sgt. Evan Vela Carnahans trial was held in Bagdad shortly after Staff Sgt. Hensleys trial. High-ranking members of the Iraqi government and Al-Janabis son attended the trial on a daily basis, and Curtis Carnahan believes that their presence influenced the panel in reaching the final verdict. Sgt. Vela Carnahan was convicted of murder without premeditation, aiding and abetting in the planting of evidence, and of lying to military investigators about the incident. He was sentenced to 10-years in Prison.
Sgt. First Class Steven Kipling, Sergeant Vela Carnahans former platoon commander, said the shooting of Al-Janabi was a result of Iraqs violent environment and the often difficult and confusing choices that servicemen have to make on a daily basis. He said that if the actions of every combat serviceman in Iraq were subjected to the same scrutiny as Sergeant Velas, we would have thousands of cases.
-----------------------------
People who are not on the frontline of the war have the luxury of second-guessing, they are not in the heat of battle or behind enemy lines having to make life and death decisions. These soldiers represent the very best of America, they have volunteered to fight the war on terror for our Country, they have put their bodies and lives on the line for us. They deserve to be recognized as the heroes they are, and not be imprisoned by their own Country.
As a dedicated journalist who has been painstakingly researching the story of Pfc. Corey R. Clagett since the summer of 2006 for my book, I have found that there is a lot of misinformation about the incident at Thar Thar.
Briefly, I will correct some of the more glaring errors in Mr. Petersen's article:
First of all, there is no evidence, physical or otherwise, that Pfc. Clagett killed anyone.
Yes, Col. Michael Steele ordered his men to kill all military age (enemy) men on sight but, in the two hearings that occurred prior to Pfc. Clagett's hearing, all bodies were accounted for by the actions of soldiers other than Pfc. Clagett.
The gun was not "vibrating" in Pfc. Clagett's hands, since it had actually soared out of them as his startled firing missed the fleeing insurgents.
Secondly, Pfc. Clagett never had a trial; instead, he was given a hearing. His attorney threatened him into making a plea bargain prior to the hearing, telling him it was the only way he would ever have a chance at parole. This same attorney coerced him to "confess" to following Steele's orders.
Thirdly, Pfc. Clagett never received physical nor mental abuse from the men in his mother's life. His stepfather John has had a long, affectionate father-son relationship with Corey for eleven years.
Fourthly, Pfc. Clagett was separated from his wife while he was in the service, yet they did not divorce so that he could continue to provide her with insurance.
Finally, since the Clagett/Dianiska family has made me privy to thousands of pages of non-public documents and I have interviewed Pfc. Clagett himself both in person and by phone and attended his hearing and met all of his attorneys -- none of whom have ever spoken with Mr. Petersen -- I can assure you that his research leaves much to be desired.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
When my team was looked at, the "investigating officer" was our FAC. He was a pilot doing a required stand down to work air for our Bn.
He was not a lawyer.
Everything you disagree with, gs, is not a conspiracy.
Posted via VolNation Mobile
Congrats, they have pictures and they smile...they are also murderers.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.
The five CID agents who were interviewed for this
article, four of whom worked on the DATF during 2005,
said there was no consensus over what constituted abuse, especially when it came to interrogation techniques.
-------------------------
They said they were overwhelmed by hundreds of abuse cases they'd been ordered to reopen, which one agent speculated was done to avoid responding to
Freedom of Information Act (FOIA) requests from the ACLU.
(another communist party group)gs
Jon Renaud, a retired Army Warrant Officer who headed
the task force as the Special Agent in Charge for the
first half of 2005, now says of the DATF, "It didn't
accomplish anythingit was a whitewash." Neither he
nor his fellow agents could recall a single case they
investigated that actually advanced to a court-martial hearing, known as an Article 32.
This is GSVol's attempt to try to make it seem as though West's investigation was somehow a result of some pervert lawyer. GS fails to understand that 15-6 Investigations are not conducted by lawyers; they are conducted by Officers in the unit. These Officers investigate the facts, interview witnesses, and propose to the Commanding Officer what action should be taken. The only process JAG has in Article 15s is to review the findings and make sure there are no leaps made without evidence to support.