militaryadvocates.com blog

A Step Closer to Repeal of DADT

2010-05-25T18:42:11Z

Congress has moved a step closer to repeal of Don’t Ask, Don’t Tell, the policy which prevents openly gay military members from serving and which provides a basis for discharge of members who violate the policy. The Washington Post, among numerous other news outlets, is reporting that President Obama has endorsed a compromise between lawmakers and DoD to make the repeal happen. The compromise apparently entails a vote, within the next few days, on an amendment to repeal the ban. The effective date of any repeal would not be until after DoD completes a study on how the repeal would affect troops. The results of that study are due to Congress on December 1.

SEAL Courts-Martial Update II – Third Acquittal

2010-05-07T12:54:04Z

The third and final court-martial involving allegations that a Navy SEAL assaulted a suspected terrorist concluded today in Norfolk with a military panel finding the accused, P02 Matthew McCabe not guilty of all charges. Two other SEALs were also fully acquitted at separate courts-martial in connection with the same incident. The cases had attracted significant media attention and reaction by U.S. politicians, many of whom argued that the cases should not have been taken to court-martial at all, despite the fact that the SEALs turned down nonjudicial punishment and demanded court-martial.

http://www.foxnews.com/us/2010/05/06/navy-seal-guilty-assaulting-suspected-terrorist/

SEAL Courts-Martial Update

2010-05-05T23:54:48Z

Two of the three SEALs who turned down an offer of nonjudicial punishment and demanded court-martial in connection with allegations that a high-value detainee was assaulted have been acquitted of the charges against them. The detainee, Ahmed Hashim Abed is suspected of masterminding the brutal 2004 killings of four American contractors in Fallujah. PO1 Julio Huertas and PO2 Jonathan Keefe were found not guilty by a military panel (a jury) on April 22, and a military judge on April 23, respectively. Both were tried in Iraq.

The court-martial of the last SEAL, P02 Matthew McCabe started on May 3 in Norfolk, VA, and is ongoing.

Recent news stories covering the cases follow.

http://edition.cnn.com/2010/WORLD/meast/04/22/navy.seal.verdict/?hpt=T2

http://www.cnn.com/2010/WORLD/meast/04/23/iraq.navy.seals.trial/

http://www.google.com/hostednews/ap/article/ALeqM5ibDgeSewqxKBSkY-nlLNquLk1UYwD9FG9QDO0

Single Mom Who Refused Deployment Discharged

2010-05-05T23:11:26Z

The single army mom we discussed here who refused her deployment because she had no one to care for her child is being discharged and will not be court-martialed.

http://www.nola.com/military/index.ssf/2010/02/army_discharging_single_mom_wh.html

Soldier Discharged for Rap Song Threats

2010-05-05T23:03:36Z

The soldier we discussed here who was charged with threatening fellow soldiers with violence in a rap song, and who was facing court-martial in Iraq as a result, has been discharged in a plea deal with the government. While it is not spelled out explicitly in the article, it sounds like a discharge in lieu of court-martial. The AP story is here.

Medication Change Defense for Army Lieutenant Colonel Facing Shoplifting Court-Martial

2010-01-19T02:51:31Z

An Army Lieutenant Colonel who was previously diagnosed with kleptomania will face court-martial at Fort Benning for stealing $37 worth of challenge coins from the post exchange. Despite an investigating officer’s recommendation that the matter be resolved through an administrative discharge, the convening authority decided to take the matter to court-martial based on a prior shoplifting conviction in a post exchange in Kuwait. A staff psychiatrist testified at the Article 32 hearing that the officer was originally prescribed a daily dose of 150 mg of Zoloft, but that dosage was later reduced to 100 mg by a different doctor without explanation. The change “may have contributed” to the latest shoplifting incident according the psychiatrist. The story is here.

Single Army Mom who Refused Deployment Charged

2010-01-13T19:54:23Z

A single mother who was scheduled to deploy with her unit to Afghanistan on November 5 has been charged with missing movement, absence without leave, dereliction of duty and insubordinate conduct. The specialist’s mother was supposed to take care of her 10-month old son for the year-long deployment , but reportedly backed out a few days before the scheduled deployment. The New York Times report indicates that the matter will be scheduled for an Article 32 investigation.

Two Seal Courts-Martial Moved to Iraq

2010-01-12T03:39:49Z

Two of the three Seals charged with abusing an Iraqi detainee will face court-martial in Iraq, not in Norfolk, as originally anticipated. Today, a military judge granted defense motions to move the trials to Iraq where the alleged victim is being held and can be produced as a live witness instead of by deposition, the way the government wanted to produce him. Two of the courts-martial will take place in April. A third Seal is awaiting a hearing on Wednesday.

http://www.navytimes.com/news/2010/01/navy_seal_detainee_case_011110w/

First Seal Court-Martial Set for Today

2010-01-11T13:21:04Z

The government is seeking a delay in the first scheduled court-martial of the three Navy Seals charged with abusing an Iraqi detainee, a case which has garnered significant attention. The first court-martial was to start today. The defense is opposing the delay and as of this morning, the matter appears unresolved, according to the AP.

Soldier Charged for Threats, Song?

2010-01-07T02:53:50Z

This Stars and Stipes article highlights an interesting case pending at Fort Stewart, GA, in which a soldier is accused of threatening violence toward other soldiers and to go on a “rampage.” In addition, he is charged with distributing, “to soldiers in his unit original songs wrongfully threatening acts of violence against members of his unit.” This charge is apparently related to a rap song in which the soldier allegedly discusses shooting those responsible for his stop-loss orders.