Military Mischief

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Maybenaut
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Re: Military Mischief

#501

Post by Maybenaut » Wed Jul 03, 2019 6:27 pm

ZekeB wrote:
Wed Jul 03, 2019 5:52 pm
Sentenced to four months with credit for time served. Reduced in rank from E-7 to E-6. (I doubt he'll make Chief again). His attorney says that he will be retiring. At least he gets to retire. I don't know what it will cost him to retire at a reduced rank, but I'd suspect something easily in the five figures over the life of his retirement.

Question for Maybenaut: The military has no bond/bail system? I couldn't see him high-tailing out of the country while awaiting trial.
No bail in the military. He was in pretrial confinement. Then he was released from pretrial confinement into pretrial "restraint," meaning he was confined to the limits of the base. That was eventually lifted as well, but from what I gather he did enough time in the actual brig to count against the sentence (time spent in restraint, as opposed to confinement, doesn't count).

I think the reason he was in pretrial confinement, then pretrial restraint, was because on the original charge sheet he was charged with obstruction of justice by trying to intimidate witnesses (I think -- it's been awhile since I read it). So they weren't really worried that he would abscond; they were worried that they couldn't control him while he awaited trial.

He doesn't necessarily get to retire. He only has 19 years in. If they can convene an administrative separation board in time, and convince the board he should be separated, he can be tossed without a retirement. I think that's unlikely, though. The Navy lost this case when they (a) lost the murder charge and (b) didn't get a BCD at sentencing.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Maybenaut
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Re: Military Mischief

#502

Post by Maybenaut » Tue Jul 09, 2019 7:33 am

Two active-duty Marines arrested for allegedly smuggling undocumented Mexican immigrants
Two Marines have been arrested for allegedly trying to smuggle three undocumented Mexican immigrants through California after picking them up on the side of the interstate just north of the border.

Lance Cpls. Byron Darnell Law II and David Javier Salazar-Quintero, based in Camp Pendleton, Calif., were arraigned Monday in federal court on charges of transporting undocumented immigrants “for financial gain,” accused of taking jobs from “recruiters” and following instructions from unknown people in Mexico to make extra cash on the side.

They are among numerous active-duty U.S. troops charged or convicted in recent years of helping immigrants cross the border in exchange for money, highlighting how smugglers have sought to offer the shield of a uniform or credentials to assist desperate migrants on the journey north. Each previous case has largely followed the same rubric: A small group of immigrants is shepherded into the back seat of the car; the troops are caught during a traffic stop or at a routine checkpoint.
https://www.washingtonpost.com/nation/2 ... 4364988c15
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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RTH10260
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Re: Military Mischief

#503

Post by RTH10260 » Tue Jul 09, 2019 4:58 pm

Are army staff underpaid in general?

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neonzx
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Re: Military Mischief

#504

Post by neonzx » Tue Jul 09, 2019 5:09 pm

RTH10260 wrote:
Tue Jul 09, 2019 4:58 pm
Are army staff underpaid in general?
Smuggling immigrants is incredibly lucrative. We're not talking a few hundred bucks here. It's thousands. The going rate, from what I know averages around US $6-8,000/person. And it's all cash.

Unfortunately, people can get caught up in doing stuff like this. They weigh it out in their head and justify it. Even morally upstanding people can fall victim.
To which Trump replied, Fuck the law. I don't give a fuck about the law. I want my fucking money.

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Maybenaut
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Re: Military Mischief

#505

Post by Maybenaut » Tue Jul 09, 2019 5:38 pm

RTH10260 wrote:
Tue Jul 09, 2019 4:58 pm
Are army staff underpaid in general?
Not really. These guys are relatively junior, and they make around $30K a year, not counting housing. If they live on-base, housing is free. If they live off-base, the amount of additional housing allowance depends on their paygrade, their duty station, and whether they have dependents. An E-3 at Camp Pendleton without dependents gets about $22K per year for housing; with dependents get about $30K. And they have free health care.

So, they don’t make a ton of money, but they’re above the poverty line.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Dolly
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Re: Military Mischief

#506

Post by Dolly » Wed Jul 31, 2019 5:07 pm

I cross-posted the tweets to the "Trump - POTUS Tweets and Social Media" thread
Trump says he's asked Navy to rescind awards given to prosecutors in Eddie Gallagher case

President Trump on Wednesday said he has directed the head of the Navy to rescind awards given to the government prosecutors who unsuccessfully tried the war crimes case against former Navy SEAL Edward Gallagher.

Trump, who championed Gallagher's case throughout his high-profile trial, said the prosecutors were "ridiculously given a Navy Achievement Medal." Gallagher was found not guilty earlier this month of the murder of an ISIS captive and of the attempted murder of Iraqi civilians.

"Not only did they lose the case, they had difficulty with respect to information that may have been obtained from opposing lawyers and for giving immunity in a totally incompetent fashion," Trump tweeted.

Task and Purpose reported Tuesday that the Navy honored the four attorneys and four legal support staffers involved in the Gallagher case during an award ceremony earlier this month.

The team received Navy Achievement Medals praising its "exceptional witness preparation" and "superb results," Task and Purpose reported.

The Navy did not immediately respond to a request for comment.
<snip>
https://thehill.com/homenews/administra ... ecutors-in








I am confused about the 'immunity' bit. I only remember the guy that said that HE killed the ISIS captive was given immunity. Sorry, I don't have time to research more at the moment

some Gallagher posts on the 'War Crimes/Presidential Pardons' thread
https://thefogbow.com/forum/viewtopic.php?f=34&t=11900
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tek
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Re: Military Mischief

#507

Post by tek » Wed Jul 31, 2019 5:15 pm

who the heck loaded his cannon with THAT mess?

Is there nothing that he can't fuck up further by opening his mouth?
There's no way back
from there to here

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Maybenaut
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Re: Military Mischief

#508

Post by Maybenaut » Wed Jul 31, 2019 6:23 pm

The very definition of unlawful command influence.

All of the regulations governing evaluations and awards say that the military (for reasons obvious to everyone but Trump) cannot base award recommendations or evaluations of JAG officers on the outcome of courts-martial.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Re: Military Mischief

#509

Post by fierceredpanda » Thu Aug 01, 2019 5:59 am

And I suppose those JAG lawyers have no recourse if SecNav and the CNO do as they are told by POTUS?

Does the CNO even have any operational authority over Navy JAG lawyers? I thought the service chiefs were essentially advisors to the President and SecDef, but that real command authority resided with the combatant commanders and so forth.
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Maybenaut
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Re: Military Mischief

#510

Post by Maybenaut » Thu Aug 01, 2019 9:00 am

fierceredpanda wrote:
Thu Aug 01, 2019 5:59 am
And I suppose those JAG lawyers have no recourse if SecNav and the CNO do as they are told by POTUS?

Does the CNO even have any operational authority over Navy JAG lawyers? I thought the service chiefs were essentially advisors to the President and SecDef, but that real command authority resided with the combatant commanders and so forth.
The might. You’re shit out of luck if you get recommended for an award that’s ultimately not approved. But if you have an award in hand and it gets rescinded, that would be considered an adverse action and theoretically you can go to the Board for Correction of Military (or Naval) Records to get your record “corrected” by having the award restored. Of course, the recommendation goes to the Secretary (or his or her delegate), so you might run in to the same problem. But by the time that process works out there could be a new administration.

The CNO does have operational authority over JAG lawyers. UCI is getting a lot of attention in military courts these days, most recently when the Deputy Judge Advocate General of the Navy suggested to a convening authority that he would “have a target on his back.” I can’t remember if the CNO or deputy CNO was involved, but it was huge news.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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bob
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Re: Military Mischief

#511

Post by bob » Thu Aug 01, 2019 2:04 pm

Maybenaut wrote:
Thu Aug 01, 2019 9:00 am
that would be considered an adverse action and theoretically you can go to the Board for Correction of Military (or Naval) Records to get your record “corrected” by having the award restored. Of course, the recommendation goes to the Secretary (or his or her delegate), so you might run in to the same problem.
Is it possible to argue UCI at any point during this process?
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Hurtzi
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Re: Military Mischief

#512

Post by Hurtzi » Thu Aug 01, 2019 2:58 pm

Interesting how a lawless administration can produce absolutely new juridical questions.
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Maybenaut
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Re: Military Mischief

#513

Post by Maybenaut » Thu Aug 01, 2019 7:00 pm

bob wrote:
Thu Aug 01, 2019 2:04 pm
Maybenaut wrote:
Thu Aug 01, 2019 9:00 am
that would be considered an adverse action and theoretically you can go to the Board for Correction of Military (or Naval) Records to get your record “corrected” by having the award restored. Of course, the recommendation goes to the Secretary (or his or her delegate), so you might run in to the same problem.
Is it possible to argue UCI at any point during this process?
Yes. Complain early and often. When they take adverse action, they are required by the APA to let you respond. Then when the issue gets to the board for correction, the argument is they violated the APA by doing something that was “arbitrary and capricious,” which is the standard for getting your record. And of course, having an award rescinded when the JAG was just doing his job and the jury was following the instructions of the military judge, is arbitrary and capricious. I mean, for real… The president is essentially saying that the jury got it wrong, and blamed the prosecutor for that. What is the likelihood that there was admissible evidence that the prosecutor hand in hand that he didn’t present to the jury?
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Notorial Dissent
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Re: Military Mischief

#514

Post by Notorial Dissent » Sat Aug 03, 2019 3:49 am

The CNO has shut down everything to do with the SEAL prosecutions and I would say from the tone of it that it is not looking good for the prosecution team. Rightly or wrongly, it looks like it is officially head hunting season to me.

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pipistrelle
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Re: Military Mischief

#515

Post by pipistrelle » Sat Aug 03, 2019 5:31 am

Eugene Fidell, who teaches military justice at Yale Law School and served as a lawyer in the U.S. Coast Guard, said he has never seen anything like this.

He said there should be a court of inquiry - the highest level of investigative body under the military justice system - and that the proceedings should be made public because the American people deserve answers.

'We’re entitled to more of an explanation as to why the case against Lt. Portier is being ditched,' he said.

'Are they saying the entire investigation, the entire set of facts have been corrupted beyond repair? That doesn’t follow.'
Notorial Dissent wrote:
Sat Aug 03, 2019 3:49 am
The CNO has shut down everything to do with the SEAL prosecutions and I would say from the tone of it that it is not looking good for the prosecution team. Rightly or wrongly, it looks like it is officially head hunting season to me.

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