Posted on 01/20/2007 7:46:41 PM PST by RedRover
The Haditha Marine case, with its leaks of false information including, possibly, tidbits of confessions, has a recent parallel.
Remember the case of Petty Officer Daniel M. King? You don’t?
Evidently, neither does the Washington Post, Associated Press, National Public Radio, and the rest of the media that repeats every NCIS rumor as gospel. This is surprising because it wasn't that long ago that the NCIS lied to them all.
It was the Daniel M. King case, a few short years ago, that should make everyone suspicious of every leak, and every media report, in the Haditha Marines case.
Petty Officer King was a Navy cryptanalyst: Cryptologist Technician (Collection) First Class (CTR1). He was arrested in 1999 on suspicion of espionage, and was summarily stripped of all his rights as a citizen of this country.
NCIS agents administered a polygraph test. It is possible that the agents were not properly trained. In any event, Daniel King’s polygraph was ruled “inconclusive”. At the same time, no hard evidence was found to back up the charge. So the NCIS agents needed a confession.
Petty Officer King was detained by and subjected to a torturous interrogation that lasted over 26 days for 19 to 20 hours at a time.
At a Congressional hearing, attorney Jonathan Turley would testify, “The NCIS manufactured a theory of espionage without foundation and then took steps to compel statements to support that theory. The tapes and evidence secured by the defense in this case reveal agents seeking a trophy not the truth.”
At the same hearing, Lieutenant Robert A. Bailey (JAG, US Naval Reserve), stated:
“The conduct of NCIS agents in this case was nothing short of shocking. Independent reviewers have stated that their techniques were barbaric….
That such conduct occurred at the hands of NCIS is not surprising….Indeed, such conduct is predictable based on the training and guidance manual published by the NCIS.
According to the NCIS Manual, Chapter 14 - Interrogations, any person who adamantly denies any wrongdoing and points to his clean record is "subconsciously confessing."
If a confused suspect asks what is going to happen to him, the NCIS believes this is an indication that he "is beginning a confession."
Additionally, agents are to convey the idea that they will "persist as long as required to resolve the issue under investigation" and that they "will not give up the interrogation."….
[Petty Officer] King's only recourse was to confess to a crime he did not commit in the hopes that he would eventually receive a lawyer and the truth would come out.”
Finally, the truth did come out--despite the efforts of the NCIS. Petty Officer King was not a spy.
He was released in March 2001 after a hellish 520 days in confinement. Confinement in "Special Quarters," the equivalent to maximum security lock-down condition in which he spent approximately 20 hours a day in a six-foot by nine-foot cell.
Today, the NCIS is continuing the same criminal behavior of coercing confessions and ignoring rules and ethics in pursuit of its target. You haven't been reminded of this story in the mainstream media. But the truth is there for anyone willing to look. It's all right here at Documents in the Case of US v. Daniel M. King .
Spreading the word can be an act of patriotism. If the truth stays secret, the very worst of men will bring down our nation's very best.
Well, it certainly didn't take you long to find us! Are you here to join the conversation?
Perhaps you'd like to comment on the current state of the NCIS. Two of your JAG brothers excoriated the NCIS when they defended Petty Officer Daniel King in 2001 but are strangely silent now. I would love to see some evidence of that honorable service.
Interesting, looks like the word is getting out.
January 24, 2007
Lies and No Video Tape
So many Marines and sailors have become one of "the accused" that it's hard to keep track of them all.
And since the Naval Criminal Investigative Service has a conviction rate of 96%, there's no drama in the trials. Anyone charged by the NCIS will almost certainly be convicted. All the accused have been found guilty in the press anyway, so the public isn't paying any attention.
But a 26 year-old Marine officer, 2nd Lt. Nathan Phan, is not with the program. He is fighting back.
Lt. Phan’s Article 32 hearing on Friday, January 26th, should be a major news story. His lawyer, David Sheldon, is set to expose the NCIS.
On January 12th, Phan’s hearing came to an abrupt halt when a witness, Lance Cpl. Christopher Faulkner testified that the NCIS had falsified his statement. Two other Marines have sworn affidavits that their statements, written by NCIS agents, also contained outright lies. All three Marines were witnesses and have nothing to gain.
NCIS agent, Kelly Garbo, was asked on the witness stand about her role in preparing false statements. Garbo denied that the statements were false but admitted that no audio or video tapes had been made. Statements were written from memory by agents after the fact and were signed by the witness.
Faulkner testified that he was asked to sign his statement while he was on guard duty. He was only given minutes to review the statement before signing, Faulkner said.
The hearing was halted so that all three NCIS could testify.
That will happen this Friday.
Chances are that the agents (Kelly Garbo, Kyle Casey, and James Connolly) will deny everything. The NCIS can count on the fact that no one is paying attention to the case anyway.
Hope you’ll be one of those who will. A bright light needs to be shined on the NCIS.
Many young lives are literally at stake.
By the way, Nathan Phan faces as much as 28 years in prison if found guilty.
When the black helicopters take me away, tell Mother my last thoughts were of home. (Tee-hee!)
Heh Heh...I'd promise to go your bail but we won't know where you are. So long, Red.
That looks good, Panther. Haven't read it yet but will later. You all have been doing all the lifting so it's up to you how to do it.
I checked my sitemeter.
I'm not going to touch the King case nor NCIS, I wasn't there and cannot (and won't) make an informed comment. Nor do I presently interact with NCIS. Nor will I comment on the various prosecutions ongoing, it would be both unprofessional and unethical.
What I can make an informed comment on is the lack of accuracy in describing how the JAG corps functions apparent in this thread.
Though I'll note with irony that my comment re serving honorably was re fellow JAGs, and you note that fellow JAGs took the NCIS investigators in the King case to task for their actions. That would indicate they (the JAGs) are acting honorably.
Regarding their current "silence," what would you expect them to do? You want currently serving officers to show up on Hardball and start commenting on an ongoing case? Yeah ok.
Alternatively, they might simply not be following the case.
Great observation!
Let me know if I should add anything.
Well this week I have been distracted, just now getting back to it. I will try to post one a day...
Good night!
Quite frankly, I find that refreshing.
One thing that has troubled me throughout these various investigations and cases is the leaked information.
As an example, when Cong. John Murtha stated back in May of last year that he knew what the outcome of the investigation of the Haditha Marines would be.I've always wondered how he knew.By stating unequivocally that Marines "killed in cold blood", he had to be certain his source was accurate.
To your knowledge of these matters, was he entitled to know? If not, how could he have found out? Who would share such information?
This sentence explains a lot, IMO. There are many comments to be made, but I will refrain.
The increasing importance of law in this conflict ...
Increse of 'importance' or 'use' of law in this war?
If a FR's date is 1/25/07 and it is still 1/24/07...where would that put me?
Pour me a cup!
If you read any of the links I posted this morning, this fits perfectly. The goal of The Society for the Study of Peace, Conflict and Violence: Peace Psychology Division of the American Psychological Association Division 48 is the pursuit of peace. Peace is defined as the absence of war. No war, for any reason.
They are working to apply the methods of psychology to advance peace, promote conflict resolution without violence, and the prevention of war and other forms of destructive conflict.
One of the tactics the anti-war movement has used for 40 years involves redefinition of words. IOW, Lawfare as opposed to Warfare, Conflict not War, Dialog vs Debate and the latest...Conversation vs Argument.
Additionally, we (the vast majority of JAGs) do not write the ROE.
It is good that you qualified your comment. JAGs do write, or assist in writing the ROE. Or so a JAG friend that did so informed me.
Non-controversial is in the mind of the reader, IMO.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.