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.
Another hit! Have you been contacted for syndication rights?
Making a fair trial an impossiblity!
That will happen this Friday.
They switched from Thursday to Friday KNOWING I wouldn't be available. Thanks to you and the gang I will be able to catch up on Sunday.
Oh man, you're cold Jaz! Love ya Red!
G'night lily! Sorry I arrived so late as to miss all the fun.
Re. NCIS LIES AND NO VIDEO TAPE
This looks good. Are you going to post on FR? How about adding Hamdania as a key word since a lot of this is related to that case.
Not trying to answer for our JAG friend however, last May the second investigation had just began. It was not completed until the end of September, IIRC. There was no way for any one, least of all al Murthawi, to know anything for certain. If you will recall Gen. Pace flatly refused to comment on the case the same day al Murthawi played judge, jury and executioner.
Hmmmmm, it appears there will be no reply forthcoming. At least not tonight. Must be in, or under the bed! Black helos scare some people, doncha know. ;*)
I'm off.
G'Night Darlin'! ;-)
P.S. Whaddayamean...to a point. Did I misremember sumpin?
Good night dear FRiend. Sleep well and don't the Black Helos keep you awake. ;*)
I know those black helos scare me, I'm no dummy. :-)
Looks like he's off for tonight, maybe we'll hear something tomorrow.
G'Night, Smooth.
Well, if no one wants to play, I suppose a little sleep wouldn't kill me. ;*)
Golly!! This has to be a record for you, Justa. I didn't think you ever made it to bed till the sun was coming up. :-)
We'll talk tomorrow, Justa.
G'Night
The subject of the thread is shocking misconduct on the part of the NCIS to gain convictions. I'm glad to be corrected about functions of the JAG corp, but none of that speaks to the larger issue at hand.
I understand that the "I" stands for "Investigative". But cases are won based on evidence prepared by investigators. Whoops, mistake. As you acknowledge, most cases are won because the accused plead guilty. So doesn't the manner in which those guilty pleas are extracted interest you even a teensy bit?
According to the article you exerpted on your blog, "military adherence to and spreading of the fundamental values of American society also are necessary to win the war on terrorism." Doesn't that apply to all parties within the military justice system? Or does it only apply to men and women on the battlefield?
I'm no expert on the functions of the JAG corps and don't pretend to be. There are serious and deeply troubling allegations about misconduct on the part of investigators arising out of the war in Iraq. I wish I could turn to expert commentary on these cases but there isn't any. Bloggers, writers, commentators on the military justice system are ignoring an unfolding story of vital importance.
I can't speak authoritatively on what precisely Murtah was told or by whom. My guess is that it wasn't coming from a JAG.
Lawfare is not meant to supplant warfare. It's a complement to it.
In the same way that information warfare is a complement to the actual blowing of stuff up, so too is lawfare.
Are you a member of Division 48 or APA?
Fair enough, and BTW, Welcome to Free Republic!
As an Army lawyer, what is your professional opinion of details of an on-going criminal investigation being leaked to the press? What is the obligation of the military when this occurs? Is due process a consideration? Do such leaks constitute a breach of trust?
How can defendants rights be protected when this occurs? is there an obligation on the part of the military to investigate leaks?
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