Posted on 11/06/2003 6:31:20 PM PST by Calpernia
Letters To Leaders
All messages are published with permission of the sender. The general topic of this message is Defense/Military:
Subject: Lt. Col. Allen B. West
To: Sen. Charles Schumer
November 6, 2003
Sir,
With all due respect, this is the very first time I have ever written to a Senator. With regards to this fine officer and the plight he is in. I have attached the article below if you are unaware of his situation. As an American, and as a veteran myself, I am utterly disgusted, shocked, and ashamed that our Army is harassing this man and is even considering a court martial. These same people who are requesting this mans court martial would probably have something quite different to say if it were their loved ones lives who were saved by this mans actions. I can not express to you how utterly disgusted and extremely angry I am at this outrageous and unjust treatment of an officer who saves lives by using such tender tactics as these to gain information from an enemy who does not abide by, or respect any code, or human right. I mean are you kidding me! So he fired a weapon near his head and made a threat, BIG DEAL! LIVES WERE SAVED!!!! Hello? Is this thing on? Are you hearing me!!! Are we such a nation of weaklings that we would have our interrogators offer prisoners candy popcorn and maybe a comfortable seat on the couch while they decide if they want to cooperate or not! Consider the tactics of our enemy, yeah, I won't even go there as they are too gruesome and inhumane to even mention. This absolutely ludicrous and unjust action being considered against this American fighting man who saves lives and who gave so many years of his life in that effort is an abhorrent black mark on the face of what is increasingly becoming and embarrassing country to have sworn my allegiance to. And no, I am not ashamed of our president and his decision to go to war. I am NOT one of those. No, in fact I LOVE our president and I am all for sending a message to radical religious groups who have committed so many blatant acts of war against our country in the name of their religion. No Sir, what makes me ashamed is to read of our nation treating it's heroes, like this Man Col. West, like a criminal when his only action was to save lives. It sickens me. Absolutely sickens me and almost makes me wish I had never served. Almost. Let me just leave you with this last thought so that you understand. I say almost as I never served in our country's armed services for you, or any fed. No government agenda was ever a motivating factor in my serving. As though I was subordinate to the government and obeyed the orders thereof, my service was to the people who had gone before me and stood and fought and died for my right to impart this to you now. It is for their sake, and for their honor that I did serve. And it is for their sake, and for their honor that I am still proud to be an American and I will still stand and fight should my country call me to do so. I do not know how to make this any more plain to you Sir, this is an injustice that needs to be rectified. PLEASE do what you can on this honorable mans behalf. Also, thank you Sir for having taken the time.
Sincerely Stanley SrA. USAF 91-95
'Heroic' officer clings to faith Facing charges after foiling ambush plot, 'devastating' to be regarded as a criminal
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35447
Guilderland , NY
Look, differing opinions causing such a statement is more a relection on you than me, but as such, you are intitled to yours as I am mine.
Col. West is an Officer in the US Armed Forces, as had only one duty. If that duty conflicted with his opinion, he had the resposibility to report that conflict prior to his actions.
Your opinion of me is not relevant to the facts at hand. I'm sure you wont be the first to hold such a view.
I'm stunned by that, and also by the "win no matter what" that many have expounded. That kind of approach may end up turning more and more people against us; we must remember that our ultimate goal is to establish a stable democracy, not to lay waste to the countryside.
I don't think a criminal assault occurred since LTC West had no intention of harming the guy, he was bluffing.
It seems to me that what LTC West did was violate an order and Army doctrine. He was apparently willing to do that to stop a planned ambush. He made a full report, made no effort to conceal his actions, and seems willing to face the consequences of his actions.
For those actions, I would expect LTC West to be relieved of command and his career effectively terminated. The Army's effort to throw him in Leavenworth is an abuse of prosecutorial discretion IMHO. Telling LTC West that he could avoid prosecution if he gave up the pension he worked 19.9 years for (and his wife I'm sure has no little interest in) was just plain chicken shiite.
ART. 128. ASSAULT
(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who--
(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or
(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;
is guilty of aggravated assault and shall be punished as a court-martial may direct.
I anticipated this argument and did my homework before I decided that West was wrong. Intent may play a role in a civilian jurisdiction, but in the UCMJ, it clearly does not.
LTC West made no such attempt. He had no intent to attempt any bodily harm. He will testify he fired into the disposal barrel and would not have done anything else had the bluff failed. If the standard of reasonable liklihood to win a conviction beyond a reasonable doubt were used, the usual standard to decide whether to bring charges, this charge should not have been brought.
It will go something like this:
"Col. West, did you discharge your sidearm in the presense of a prisoner?"
"Yes"
At that moment, he is guilty. Not even Johnnie Cochran could not save him from a finding of guilt. His hopes rest with the penalty phase, because he broke the code.
Plus, have you considered the statement made by the offer made not to prosecute at all if LTC West resigned short of his 20 years - not exactly confidence in a air tight case.
I do not agree with respect to West being overcharged.
You should not listen to TV commentators with respect to offering not to charge West. This is common practice, to avoid taxing the limited resources of JAG staff, and to spare the Army from the publicity this case would generate. Col. West is responsible for making this a public matter. It has no bearing on whether or not they felt they could prove their case. I'll remind you again, that you should not compare JAG operations to civilian courts. You will find yourself to be wrong with respect to intent. But we will see soon enough.
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