Article 32 Investigation (Military Equivalent of Grand Jury)

Navy JAG ^ | Navy JAG

[kilowhskey]

2Lt. Ilario Pantano's new book "Warlord" contains a riveting narrative of his own Article 32 hearing. KerBob sez "check it out."

[xzins]

I'm fairly certain the military will succeed in it.

They can use any number of justifications from length of service obligation to charges for crimes (allegedly) committed while in military.

[Criminal Number 18F]

I read in one article that the military has taken legal action to bring Green back onto active duty in the Army.

Padre, you probably know this, but the military does have the authority to do that in cases like Green where there is a commuted IRR obligation, or in the case of retirees.

I have seen it used to shelter the guilty. A civilian DA was going to indict the former post commander of Fort Devens for various small time criminality. (His name was Richard Kattar and one of the deals was a kickback on rubbish dumpsters -- his payoff was an executive job on the sole-source firm on retirement). Actually the Mass Attorney General, Francis X. Bellotti, was gunning for him. The Army asserted jurisdiction and ordered Col. Kattar to active duty for the investigation... which investigated nothing, learned less, and just continued until Bellotti lost interest or an election -- I forget which. The Colonel's duty station during this period was his home, so he essentially went from retired on half pay to retired on full pay... still, I'm sure he would have given the money to skip the stress.

He had been a bit of an odd fellow anyway, which we attributed to a Korean War head wound -- he had some big gong from that unpleasantness, the SSM or perhaps DSC (I haven't looked him up). I'm sure he rests in Valhalla now. I'm not sure how I feel about the Army trying to keep an old hero out of a dumpster kickback scandal, but it's what the law types call "moot". (or as Kattar would have said, "a mute point." I think he was one of the Army's last high school dropout colonels!)

d.o.l.

Criminal Number 18F

[xzins]

I'd have to find the article, but I'm pretty sure my memory is correct.

One thing that struck me about that article was that it appeared that Green had been in the Army for a grand total of about 1.5 years.

[xzins]

What I've been able to find on the net here in the last few minutes is that it is unlikely that the Army will regain control of Green, but that he's liable for Federal Prosecution. He has been brought back to the vicinity of Ft Campbell, KY, however.

[TexKat]

Will do kilowhskey!

[kilowhskey]

Thank you for posting that interview, TexKat. I disagree with Chris Matthews' suggestion that Mr. Pantano go to law school. Our economy has no shortage to talented, aggressive and successful litigators. I suspect that Mr. Pantano will find greater personal success on Wall Street or the corporate sector.

[BlueNgold]

I was a legal officer, not a JAG, just a command legal guy meaning it was about 3rd on my list of assignments. I fully agree that the A32 system is more open and fair than a civilian GJ.

My understanding from official statements and media reports is that this was reported not by locals, but by other members of the command. This is the item that troubles me, and should cause those believing this to be a media circus of trumped up charges to take caution in their defense of this guy. We should not presuppose someone is deserving of blind loyalty simply because he wears the uniform.

We cannot paint all service members with the same broad brush. The far left sometimes likes to make us all out to be baby killers and high-school dropouts which is obviously a fallacy. And while I appreciate the presumption of support from most of the rest of the nation, there are a few dirt-bags in uniform, and we should be supportive of the military justice system when it seeks to weed them out and punish them.

[La Enchiladita]

Excellent post, chock full of information.