Gen McChrystal Gets the Ultimate Discharge

General McChrystal reported as ordered today for the ultimate “high-visibility” face-to-face with the Commander-in-Chief.   Here’s the article from Rolling Stone that started it all, and here’s the down-and-dirty from Wired.com on why President Obama had to fire General McChrystal:

…Keeping General Stanley McChrystal in place would have shattered the chain of command, obliterated the authority Obama had with the military, and undermined any hope of waging a successful counterinsurgency in Afghanistan.

“As difficult as it is to lose General McChrystal, I believe it’s the right one,” the President just said. “The conduct represented in the recently-published article … undermines the civilian control of the military that is at the core of our democratic system. And it erodes the trust that’s necessary for our team to work together to achieve our objectives in Afghanistan.”

No general could’ve taken Obama seriously, after getting dissed so publicly by McChrystal’s crew. No captain or sergeant could’ve been expected to shut up and salute when his superior officer gave an order. The guy at the top didn’t respect his commander; why should he?

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This Week in JAG History: The Uniform Code of Military Justice Enacted

31 MAY 1951: The Uniform Code of Military Justice, approved by Congress one year prior, was formally enacted. Drafted to make military justice more closely resemble civilian criminal law, the UCMJ produced substantive changes within the Air Force legal community. For the first time, judge advocates performing trial duty in General Courts-Martial were required to be either graduates of accredited law schools or members of the bar. They also had to be certified as competent by the TJAG. Convening authorities for General Courts-Martial were required to conduct impartial and thorough investigations prior to proceeding with a trial. Additionally, Staff Judge Advocates received increased responsibilities in advising convening authorities as to their duties. The UCMJ also extended new rights to criminal defendants, and significantly changed the appellate process with the establishment of the Court of Military Appeals.

Source:  Mr. Wade Scrogham, AF JAG Corps Historian

To read more about the history of the drafting of the UCMJ, check out the Harvard Law School Library Blog.

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This Week in JAG History: Tragedy & Courage

26 May 1993:  Major Robert L. Lowry, a judge advocate assigned to 21st Air Force, confronted an armed intruder who entered the headquarters legal office at McGuire Air Force Base, New Jersey. Major Lowry attempted to calm the deranged individual while staff and clients fled to safety. The son of retired judge advocate Brigadier General Joseph R. Lowry, Major Lowry was murdered by the gunman moments before Security Police arrived and used deadly force to end the standoff. Upon the recommendation of the Air Force Chief of Staff, Major Lowry was awarded the Airman’s Medal for his acts of bravery during the incident. In continuing recognition of his sacrifice, the JAG School presents the Robert L. Lowry Award to a graduate of each JASOC class who best exhibits the highest standards of academic excellence, officership, and esprit de corps during the entire course.

Source:  Mr. Wade Scrogham, AF JAG Corps Historian

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This Week in JAG History: Air Force JAGs Get a New Home

21 MAY 1993: Major General David C. Morehouse, Air Force TJAG, presided over the dedication of the William L. Dickinson Law Center at Maxwell Air Force Base, Alabama. Named in honor of Alabama Congressman William Dickinson, a retired JAG Reservist who championed the project on Capitol Hill, the facility became the new home of the JAG School. 

22 May 1906: The United States Patent Office issued Orville and Wilbur Wright a patent for their “flying machine.” Following the rejection of a previous self-filed application, the brothers retained the services of Ohio Patent attorney Henry Toulmin, who recommended they seek a patent on the flight control systems rather than the aircraft itself. As a result of that strategy, it was illegal in the early 20th century to construct or control an airplane without a license to the Wright brothers’ patent. Thirteen years of fierce legal battles over intellectual property followed before the Aircraft Manufacturers Association established a patent pool with the approval of the U.S. Government in the early days of World War I.

Source:  Mr. Wade Scrogham, AF JAG Corps Historian

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This Week in JAG History: Another Victory in the Court of Public Opinion

11 MAY 1997: An interview with Air Force Lieutenant Kelly Flinn aired on the CBS news program 60 Minutes, generating unprecedented media coverage of a seemingly routine court-martial scheduled for 20 May 1997. A graduate of the Air Force Academy, and the first woman ever selected by the Air Force for B-52 combat crew training, Lieutenant Flinn came under the scrutiny of the military justice system when a commander initiated charges against her for failing to obey a lawful regulation, failing to obey a direct written order, fraternization, adultery, and making a false official statement. Lieutenant Flinn subsequently took her story to the media. With the aid of a public relations firm, she and her defense team argued that adultery was a private matter in which the Air Force had no business. Amidst intense media coverage and political pressure, Secretary of the Air Force Sheila Widnall approved Lieutenant Flinn’s request for a discharge in lieu of court-martial, granting her a general discharge, rather than one under other-than-honorable conditions. An expanded discussion of this case will appear in an upcoming edition of The Reporter.

Source:  Mr. Wade Scrogham, AF JAG Corps Historian

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Yesterday’s News…Third SEAL Not Guilty

HQ Special Operations Command Central Press Release on SO2 McCabe’s not guilty verdict:

May 6, 2010, Norfolk, Va.  – Earlier today, a Special court-martial comprised of four Naval Officers and three Enlisted members found SO2 (SEAL) Matthew McCabe not guilty of assaulting an Iraqi detainee.  This was the third court-martial related to the assault that was alleged to have occurred on September 1, 2009 in Iraq.  SO1 (SEAL) Julio Huertas and SO2 (SEAL) Jonathan Keefe had been found not guilty of related charges at Special courts-martial held in Iraq last month.  

Upon learning of the verdict, Maj. Gen. Charles Cleveland, the Special court-martial convening authority, remarked, “I take my responsibility as a commander and convening authority very seriously and did not make the decision to refer these charges to courts-martial lightly.  While I had preferred to handle the incident administratively, Petty Officers Huertas, McCabe and Keefe exercised their right to have this matter handled by a court-martial.  The evidence  presented reasonable grounds to believe that offenses had been committed and that Petty Officers Huertas, McCabe, and Keefe had committed those offenses.  In the interests of justice and to maintain good order and discipline, I chose to proceed with the courts-martial. 

“I would like to extend my thanks and appreciation to the Naval Officers and Sailors who served as members in these cases.  They were given a difficult duty and accomplished it in a very professional manner.  I would also like to extend my sincere appreciation to the military trial and defense counsel, as well as to the civilian defense counsel, who handled this case.  Their efforts in pursuing the interests of justice and protecting the rights of the Sailors accused in these cases are outstanding examples of their dedication to protecting and defending our Constitution.

“Despite the opinion of some of those who preferred that these charges not proceed, I allowed these charges to go forward because I truly believe that the best process known for uncovering the truth, when the facts are contested, is that process which is found in our adversarial justice system.  There is no better way to discover the truth than by presenting evidence to an unbiased panel of members, having witnesses testify under oath, and having that testimony subject to vigorous cross-examination.

“Incidents such as the ones alleged in this case carry strategic implications for U.S. forces and U.S. National Security and ultimately cost the lives of Americans.  I will continue to take allegations such as this seriously, investigating them whenever they are brought to my attention, and acting on them when the evidence so dictates.  I look forward to SO1 (SEAL) Huertas, SO2(SEAL) McCabe, and SO2(SEAL) Keefe returning to their Team and continuing their duties in defending our great Nation.”

Lt. Col. Holly Silkman, spokesman for Special Operations Command Central, added, “General Cleveland is satisfied that the military justice process has been executed fairly and that thorough due process was carried out during the course of these three trial proceedings, consistent with the rule of law and the values of U.S. military justice that we fight to preserve as members of the U.S. military and as American citizens.”

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This Week In JAG History: No Love for the UCMJ

5 MAY 1950: President Harry Truman signed the Military Justice Act of 1950, establishing the Uniform Code of Military Justice. Drafted by a working group comprised of both civilian and military attorneys, the bill called for the creation of a single system of justice for all members of the United States Armed Forces. The resulting changes to military justice not only increased the JAG Department’s workload, but also required massive training efforts to familiarize judge advocates with the new procedures and Manual for Courts-Martial. Major General Reginald C. Harmon, Air Force TJAG, did not support the changes and remained critical of the UCMJ throughout his career. In a 1952 address to the Judge Advocates Association, General Harmon likened the effects of the UCMJ to “a train being pulled too far down a track by too much momentum, unable to stop when needed.”

Source:  Mr. Wade Scrogham, AF JAG Corps Historian

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