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.
Did you not know this, AL?
I was in 3rd grade when Star Wars came out...that's Mark Hamil...Mark Harmon is married to Mindy from Mork and Mindy....c'mon on.
Mark Harmon is the actor in the middle...gees I thought you would know the peeps you post in the photos.
I thought Robert Williams was in Mork and Mindy.
thats about it, but they can come in multiple sizes, CONEX has become a generic term.
The Pendleton 8 Marines were treated like this.
Dude in real life Mark Harmon is married to Pam Dawber...yes Roger Robin William..nano nano...was Mork and was Mindy's man on the show. Yes, long winters and no cable growing up.
Dude in real life Mark Harmon is married to Pam Dawber...yes Roger Robin William..nano nano...was Mork and was Mindy's man on the show. Yes, long winters and no cable growing up.
Look what you made me do now.
;)
UCMJ is federal law. Art III courts have jurisdiction over federal questions. Specifically, SCOTUS may review ACCA decisions by granting cert (Art 67a). More generally, the constitutionality of any portion of the UCMJ could be similarly challenged.
Subpoenas of civ witnesses by military courts are treated as valid process and auth. by Art 47 and can be enforced in Fed'l District Court. Not exactly controversial and not sure what you're arguing here.
These people cannot handle national security and espionage, nor academic breaches of ethics.
Going after the "Haditha" Marines displays a vicious stupidity akin to that of Mike Niphong.
This is war, and war in dirty places against an enemy who hides among civilians.
In future let JAGs and NCIS deactivate IEDs when they are not being human shields on running boards of all our military vehicles outside the green zone.
Embed the bastards.
Well said as always, Phil! And, by the way, how about please adding me to your ping list?
Thanks for the post, JAG Hunter. And welcome to Free Republic!
All:
welcome brother! nice to see you here. plenty to do and explain. plenty of grate folks, and focused on truth and exposier.
We were on a roll with dangling participles on another thread, and I think that everafter we should refer to him as
Mike Dipthong.
There are just soooooooooooooooo many possibilities, artisically : )
Well, good morning and welcome to FR, JAG Hunter.
And didn't you just do more for me than my morning coffee has done : )
AL, there seems to be a problem. I had a question for you but by golly, I seem to have forgetten what it was!
Welcome aboard!!
Reformatted:
(1) ArmyLawyer05 said "the UCMJ is federal law." ArmyLawyer05 is wrong. The UCMJ is not federal law. In fact the Articles of War (since renamed the UCMJ) are predate the Constitution, have not yet been reconciled with the Constitution (a long-running complaint), and is, in fact, a bill of attainder inasmuch as the UCMJ expressly denies servicemen the protection of a federal jury that is specifically commanded by the Constitution. Absent protection by juries, the commander in chief (our chief executive a.k.a the president of the United States, or POTUS) is allowed to directly punish all members of the armed forces without interference, or oversight. William Blackstone, writing in Volume 1 of his "Commentaries on the Laws of England (1765) says plainly: "...martial law, which is built upon no settled principles, but is entirely arbitrary in it's decisions, is, as Sir Matthew Hale observes, in truth and reality no law, but something indulged, rather than allowed as law: the necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of the land."
(2) ArmyLawyer05 said: "SCOTUS may review ACCA decisions by granting cert (Art 67a)." ArmyLawyer05 is wrong. The Supreme Court of the United States (SCOTUS)is specifically barred from review Army Court of Criminal Appeals (ACCA) cases by the very UCMJ Article he cites (Art. 67a). SCOTUS may only consider cases reviewed by the U.S. Court of Appeals for the Armed Forces (USCAAF, or CAAF), and may not review cases turned down for review by CAAF.
(3)ArmyLawyer05 writes: "...the constitutionality of any portion of the UCMJ could be similarly challenged." ArmyLawyer05 is wrong again. SCOTUS, applying what's described as the deference doctrine, has refused repeatedly to consider the scope and operation of the Articles of War, leaving those questions to the two "war-making" branches of government. There's more to be said about this, but this forum is not suited for the more expansive polemic.
(4)ArmyLawyer05 wrote: "Subpoenas of civ witnesses by military courts are treated as valid process and auth. by Art 47 and can be enforced in Fed'l District Court." ArmyLawyer05 is wrong. Only federal judges are authorized, under Article III, to "duly" subpoena a witness to appear before any U.S. court. Commissioned officers in the U.S. military are not authorized to issue subpoenas. However, the power to do so has been seized, usurped by the collected group of service judge advocate generals, as signed off on by the commander in chief through Executive Order (the Manual for Courts- martial).
(5) ArmyLawyer wrote that the seizure of power by military officers to issue subpoenas to civilians is: "Not exactly controversial and not sure what you're arguing here." Well, the controversy is about unbounded military law and authority being exercised over U.S. citizens, which was so controversial in the 18th Century that it gave rise to a Revolution whereupon British citizens fought to become American citizens. (6) So far as this thread goes, regarding the scope and operation of the NCIS, it needs be said that the various military police forces (NCIS, Air Force Office of Special Investigations, Army Criminal Investigative Service, and the Coast Guard Investigative Service) are unconstitutional and overreaching. They, like military commanders in this day find themselves not merely above the law, but beyond its reach. As serious as it's dangerous. Here endth the lesson. The JAG Hunter
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