Sexual Assault is the Latest Witch Hunt in America’s History: Guilt By Accusation and Public Shaming on Social Media is the New Norm, and It’s Wrong

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History of  Witch Hunts in America, located at the Salem Witch Museum, Massachusetts

Society has a tendency to respond in a crisis oriented fashion to a moral panic. After “The Invisible War” gaslighted America, all women soldiers were victims and all male soldiers were predators. This has been a repeated cycle after every sexual assault scandal. The media narratives reflect this and continue to perpetuate the myths typically choosing a blonde white female as the ‘victim’. But that’s not how it works in real life and male victims of crime in the military set both the filmmakers and the media straight. The momentum died off so they created another film about college sexual assault and tried again creating a female versus male division. No one really knows the statistics at the college campuses but in the military, the majority of victims of sexual assault and homicide are men. We care about the men just as much as we care about the women. We care about facts and evidence and have learned that the devil is in the details.

Learn more:
Rape Culture is a ‘Panic Where Paranoia, Censorship, and False Accusations Flourish’
A Complete List of the 35 Basic Military Training Instructors Court Martialed in the Lackland Air Force Base Sex Scandal
Minnesota football rape case emblematic of campus witch-hunt culture
Rape Culture in the West is as Real as ‘Witchcraft in Salem’
A Brief History of the Salem Witch Trials


The Salem witch trials were a series of hearings and prosecutions of victim accused of witchcraft in early american Massachusetts in between February 1692 and May 1693. The tests caused the executions of twenty victim, fourteen of them women, and all however one by suspendeding. Twelve mistress had formerly been implemented in Massachusetts as well as Connecticut throughout the 17th century. In spite of being generally known as the Salem witch trials, the initial hearings in 1692 were performed in several communities: Salem Village (currently Danvers), Salem Town, Ipswich and Andover. The most well known trials were performed by the Court of Oyer and Terminer in 1692 in Salem Town. -History Channel

Violent Crime, Non Combat Death & Suicide at United States Military Bases

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*Research not complete.

My experiences as a victim of crime in the United States military inspired me to do the work I do today as a military justice policy analyst. Not only did I witness first hand how a predator operates but I witnessed multiple predator types in real time while serving my country. If these people committed these acts of crimes at work in the civilian world, they would have been in jail or I would have been rich after taking my employer to civil court. Well maybe not because the deck is stacked against the accuser but we do in fact have a civilian justice system that allows us to hold others accountable, while it simultaneously protects the due process rights of the accused. This cannot be said of the military justice system. There is no guarantee a military Commander will do anything with a crime report let alone process the felony crime effectively. We do not want a justice system where one man or woman decides whether to do nothing, give a non judicial punishment for a felony crime, or railroad the accused or accuser. We do want a justice system where we can hold our employer accountable without roadblocks from the Pentagon, Congress, and the Feres Doctrine. We cannot effectively tackle the violent crime issue in the military until the victims of crimes, like sexual assault and domestic violence, feel safe enough to report. Crime victims have expressed that they do not want to report crimes to a Commander for fear of retaliation. The Department of Defense admitted that of those of who did report the crime, 62% perceived that they faced retaliation. If service members felt safe enough to report, it could help us prevent homicide, suicide, and non combat death.

If we think about violent crime committed by military personnel compared to violent crime statistics in the United States (reference above graph), at first glance it appears the military has a homicide ‘issue’ among the ranks. Please see the below links for a sample of crime on some of the U.S. military bases. All military bases worldwide will eventually be included in this research. And the research for sexual assault, rape, domestic violence, and physical assault specifically has not been conducted yet either. Because the research is far from being complete, it is too early to make any assumptions so I will put the data in one place and let you come to your own conclusions. But if military crime mirrors civilian crime statistics, one can deduce that if the military has a lot of homicide, there is even more rape. Currently the number one concern in the military is a Commander’s ability to give a non judicial punishment for a felony crime. A Commander can bypass the courts martial process simply by punishing and/or discharging the accused with a preponderance of the evidence. This does nothing to protect our military personnel and the civilians who live near our bases in America and worldwide. Predators do not discriminate. They are just as likely to harm civilians as they are military personnel. They know their rights and they know that jurisdiction issues and lack of communication among law enforcement agencies will help prolong getting caught. We need to be one step ahead.

We can’t get real violent crime numbers for the military bases unless we include those who died of non combat deaths while they were deployed. Veterans Noonie Fortin and Ann Wright inspired me to initially look into the non combat deaths of female soldiers overseas because they observed the unusually high number of female soldiers who died of non combat deaths during the wars in Iraq and Afghanistan. Their chief concern was that although the military labels a non combat death as a suicide, there are suspicions that some female soldiers were murdered, like LaVena Johnson, Amy Tirador, and Ciara Durkin. I did the research on every single female soldier who died from non combat deaths overseas and their concerns are valid. My research on non combat deaths in Iraq alone revealed that roughly 30% of female soldiers died as a result of homicide, suicide, and other unknown causes. I am working on collecting the data for male soldiers who died from non combat related injuries in Iraq, Afghanistan, and other areas. I started with 2010 so we can get the most recent cases but I will go back to September 11, 2001 in the next phase of data collection. The first male soldier non combat death case I found in 2010 was an unsolved homicide. His name was SSG Anton Phillips and he was stabbed to death in Afghanistan. Further research in this area has uncovered that non combat deaths of male soldiers are just as prevalent.

Learn more:
The US Military Recruited Violent Felons to Support the War Efforts
Non Combat Deaths of Female Soldiers in the US Military (Afghanistan)
Non Combat Deaths of Female Soldiers in the US Military (Iraq)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)
Violent Crime, Non Combat Death & Suicide at Fort Bragg, North Carolina (US Army)
Violent Crime, Non Combat Death & Suicide at Fort Campbell, Kentucky (US Army)
Violent Crime, Non Combat Death & Suicide at Fort Carson, Colorado (US Army)
Violent Crime, Non Combat Death & Suicide at Joint Base Lewis-McChord, Washington
Violent Crime, Non Combat Death & Suicide at Joint Base San Antonio-Fort Sam Houston, Texas
Violent Crime at Fort Wainwright, Alaska (US Army)
Violent Crime at Joint Base Elmendorf-Richardson, Alaska
A List of Soldiers Targeted & Murdered for the Servicemen’s Group Life Insurance Benefits
Rep Nikki Tsongas & Rep Mike Turner Host Educational Caucus: Improving Treatment Resources for Male Survivors of Military Sexual Trauma
An Open Letter to the Senate and House of Representatives in Support of the Military Justice Improvement Act
Letter of Support for Save Our Heroes in Our Shared Quest for Military Justice Reform & Constitutional Rights

Letter of Support for Save Our Heroes in Our Shared Quest for Military Justice Reform & Constitutional Rights

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October 1, 2016

U.S. House of Representatives
United States Senate
Washington, DC

To Whom It May Concern:

This is a letter of support for Save Our Heroes. We recognized immediately that Save Our Heroes and victims of crimes both want similar changes in the military justice system. Save Our Heroes is asking for three specific legislative/policy changes to restore fundamental fairness in the military justice system:

1. Remove all Commanders authority from decision-making in the legal system.
2. The number of panel members should be increased to 12 for General Courts Martial.
3. Any conviction at Courts Martial shall require a unanimous verdict.

These requests by Save Our Heroes are similar to the overall changes that victims of crimes in the military have lobbied for, specifically that Commanders be removed from the reporting and decision-making process because of fear of bias, lack of investigative training, and the power to discharge and/or punish with the stroke of a pen. Save Our Heroes is requesting the same changes because ultimately both the victims and accused are looking for a military justice system that mirrors the civilian justice system while respecting the need of the Commanding Officer to ensure discipline is maintained within their command. We want a justice system where crimes are reported to legal authorities and not a Commander who is an authority figure with the power to impact your entire life. We want a justice system where crimes will be investigated thoroughly by unbiased military criminal investigative organizations looking for the truth. We want a justice system that provides the same constitutional rights as those provided in the civilian justice system. Save Our Heroes is specifically asking for changes that are commonplace in the civilian justice system, like a jury of twelve of our peers and a unanimous verdict. Our military deserves no less.

Victims of crimes in the military are asking for a military justice system that provides due process for the accuser and the accused. Crime victims want the ability to go to trial based on an independent prosecutor’s decision to charge because there was sufficient evidence to move forward with a case. Crime victims want those people who level false accusations, and engage in other abuses of the process, to be held accountable. While we recognize that false reports represent a small percentage of total reports (between 2-8 percent based on Bureau of Justice Statistics data), those who do falsely accuse are hurting the real victims of these crimes and should be held accountable through the same impartial military justice system. Both the accusers and the accused are asking for due process, which is best accomplished by a system that mirrors the civilian justice system. Currently, Commanders have control of the process when the accused, accuser, defense attorneys, and prosecutors should have control over the process.

Sincerely,

Jennifer Norris, Military Justice for All
Stephanie Schroeder, US Human Rights Network & UN Board Member
Brian Lewis, Men Recovering from Military Sexual Trauma

Hillary Clinton Picks Senator Tim Kaine, Who Has Blocked MJIA Since 2013, As VP Running Mate

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Senator Tim Kaine (D-VA)

Last night we learned that Hillary Clinton picked Senator Tim Kaine of Virginia as her Vice Presidential running mate. What is interesting about this pick is at one point in a Time magazine article in 2014, Clinton showed public support of the Military Justice Improvement Act, yet she chooses Senator Tim Kaine (D-VA) as her vice presidential running mate who has been blocking the bill since 2013. Of course Senator Angus King (I-ME) endorses this choice since he too has been blocking the due process bill sponsored by Senator Kirsten Gillibrand, Senator Susan Collins, Senator Rand Paul, Senator Ted Cruz, and many other bi-partisan Senators advocating for constitutional rights for military personnel and veterans.

“The move was surprising in that it means that if she becomes President, the normally hawkish Clinton would go against the advice of military brass and remove the cases from the chain of command. It also must have had a little bit of a silver lining dig at McCaskill, who endorsed Barack Obama over Clinton in 2008.” ~Time (2014)

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Army Captain Nathan Smith Suing Barack Obama Claiming ISIS Fight is Illegal, Unconstitutional, and US President Lacks Authorization (2016)

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Captain Nathan Smith, US Army

Intelligence Officer Captain Nathan Smith, 28, US Army, is suing President Barack Obama in federal court claiming the war with ISIS/ISIL is unconstitutional and illegal. Captain Smith alleges President Obama does not have authorization to engage in a fight with Syria. At the time of the case filing in May 2016, Captain Smith was overseas deployed to Camp Arifjan in Kuwait.

Related Links:
Nathan Smith, US Army v. Barack Obama
Army Captain sues Obama over ISIS fight
Is the U.S. War Against ISIS Illegal?
Army Captain sues Obama over ISIS fight
An Army Captain Takes Obama to Court Over ISIS Fight
Deployed Army captain sues Obama over ISIS fight
U.S. Army Captain Is Suing Obama Over Legality Of The War Against ISIS
Army Captain Sues Obama For Unconstitutional War Against ISIS
Army Captain Sues Obama over Islamic State War
Army captain sues Obama over lack of ISIS war authorization
28-Year-Old Army Officer Suing Obama Over ISIS
Soldier Suing Obama Over ISIS War Is Doing Fine, Lawyer Says
Army captain sues President Obama over claims the war on ISIS is illegal
Army captain sues President Obama, saying he lacks authority to fight ISIS
Who Is Capt. Nathan Michael Smith? US Intelligence Officer Sues President Barack Obama Over Legality Of ISIS Fight
‘My conscience bothered me’: Army captain sues Obama over ‘illegal war’ on the Islamic State
My Brother’s Challenge to the Undeclared War Against ISIS
Analysis of Lawsuit Challenging War Against ISIL
Constitution Check: Has the U.S. war against ISIS in Syria been illegal from the start?
Does the president think his own war is illegal?
The Dangers of the Ever More Powerful Presidency
When The U.S. Military Strikes, White House Points To A 2001 Measure

The Conspiracy Behind the G-RAP War on American Soldiers

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Guard Recruiting Assistance Program

Guest Post Submitted by Darron Smith

In a complicated, twisted tale of alleged corruption and betrayal over budgetary wars, a presumed cover-up simmers at a colossal scale between the Army and the National Guard. Soldiers are the exploited pawns in the largest politically motivated fraud investigation ever conducted by a military component against its own forces. This may sound like suspenseful fiction, but as many National Guardsmen and women can attest, this is all too real. An estimated 24,000 National Guard soldiers have been caught in the dragnet, which all stems from a successful military-enlistment recruiting program that financially compensated citizen-soldiers who aided in efforts to boost military strength. Documents and public records obtained through the Freedom of Information Act along with credible sources points to a disturbing persecution of soldiers and veterans as well as the batch processing of mass indictments.

At a time when US forces were scattered among Iraq, Kuwait and Afghanistan, the overall end strength numbers were low. Army National Guard Director, Lt. General Clyde A. Vaughn (ret), and his staff had an idea to resupply the branches with fresh bodies—make anyone a potential recruiter by offering a financial incentive of $2,000.00 for each successful enlistment. Vaughn deeply felt that a peer-enlistment program might ease the hemorrhaging of a nationwide manpower shortage. And he was correct. The program, dubbed G-RAP (Guard Recruiting Assistance Program), ran from 2005-2012 and was an enormous success, as it replenished the ranks. Other branches of the military ultimately mirrored that recruiting program, but none to the magnitude of the NGB (National Guard Bureau). And none of them received the amount of government money that the Guard received to achieve this success.

Though G-RAP stood as a great achievement in strengthening the reserve forces, by 2012, all RAPs (Recruiting Assistance Programs) were suspended indefinitely, primarily due to media publicity of widespread fraud. NGB took the most heat, consistently projected as having lost upwards of $100 million. The truth, however, has been largely obscured. After four years of costly investigations, only $2 to 3 million “has been successfully prosecuted in civil courts.” But what is more disconcerting is that NGB, routinely criticized for its lack of oversight, no longer had the supervision in their control. Based on a previously unpublished Army Inspector General Report, a closed door meeting took place in May 2007 where it was decided by an ad hoc committee comprised of representatives from Army Criminal Investigation Division (CID), Defense Criminal Investigation Service (DCIS) and the Air Force Office of Special Bureau (AFSOI) “that Docupak would turn over any suspected occurrences of fraud directly to CID,” and that NGB, specifically the State Adjutants General (TAG), would be deliberately left out of the information loop. The rationale given at the time was that the DCIS did not want interference from high-ranking Guard officials.

There is evidence, however, that some TAGs were successfully handling all reported incidents of fraud internally in their own states up until that point with detection and prevention controls. It was not until these controls were halted in the May 2007 meeting that the Guard lost the ability to monitor, discipline and correct such incidents of fraud. Perplexingly, all of this was done without the Guard’s knowledge. In a recent interview in the Washington Times, General Vaughn reported that “he was kept in the dark” about the occurrence of fraud in the field and that CID purposely did not inform him about fraud cases. “No one can correct a problem if you do not know it exists,” stated Vaughn.

The CID did not have any prerogative to make such changes to regulation, as it would require a Congressional act; yet, in 2009 (and again in 2014), changes were made to the CID Manual that removed the language to report crimes through the TAG. But simply changing the manual did not mean it was constitutional to do so under the sovereign rights of each state and US territories. What’s more, there has been discussion in legal circles as to whether or not CID is operating outside its jurisdiction in the investigation of National Guard members. According to the Constitution as well as Department of Defense Directives (DoDD) 5105.77, the NGB is under the direct command of the state TAG and ultimately the governor unless a battalion has been mobilized for federal duty, at which point they then fall under Title 10 (active duty status) and the command of the President. The majority of those indicted are known as “M-day soldiers.” In other words, they are “weekend warriors” working for the Guard once a month and two weeks a year in official drill status (aka, Title 32). If an individual under Title 32 were to come under some criminal deed, it is the role of the TAG to take action. In fact, the TAGs have guidance on enforcing discipline and protecting soldier’s rights as it is articulated in the 2015 Commander’s Legal Handbook. The CID, as a faction of the big Army, only has command over Title 10 soldiers; it does not, to this day, have any authority over most members of the National Guard in these investigations, save a select few individuals who were deployed on active duty while participating in G-RAP.

This then raises the question, why is the regular Army harassing National Guard soldiers and violating their constitutional rights in the first place? Most of the soldiers under suspicion for theft of government property are not subject to regular Army discipline. Before that question can be answered, there is another piece of the puzzle to be scrutinized—the alarming results of CID’s investigations.

The U.S. Army Audit Agency had concern regarding the potential of individual fraud within RAPs. After reviewing over 150,000 enlistments ($339 million in payments), the June 2012 Audit identified 3,200 soldiers in the fraud-risk assessment. They found 1,256 recruiters suspicious of medium to high risk for fraud. Additionally, there were 2,022 RAs that “potentially violated program rules.” Of those RAs, only a quarter of them were found to be intentional acts. The remaining 1,400 recruiting assistants appeared to have unknowingly and unintentionally violated the rules of G-RAP, which is entirely plausible considering there were 60 changes to G-RAP rules during its seven years in existence .

This report fueled an investigation of another style from the Senate Subcommittee on Financial and Contracting Oversight. Despite the Audit’s fraud findings, the Army CID quickly dispatched approximately 200 field investigators under “Task Force Raptor” to scrutinize all 106,364 individuals who participated in G-RAP for any possibility of fraud. Senator Claire M. McCaskill (D, MO) set a directive that CID should flood the nation’s landscape and courageously return ill-gotten dollars to the American taxpayers. CID agents were encouraged to flash badges, obtain DNA swabs, issue polygraph tests and secure fingerprints in an effort to scare soldiers into revealing any useful material that could be later used against them. One former CID agent admitted that they were urged to lie to potential witnesses and persons-of-interest if usable information could be extracted. They were then instructed to report the numbers of potential indictments back to Senator McCaskill’s office on a quarterly basis, ostensibly to ensure they were meeting her demands of accountability. But a federal indictment of fraud is a crime requiring specific intent. In other words, conviction relies on the government’s ability prove the individual knew of the specific rules and guidelines and intentionally broke them for monetary enrichment.

Nevertheless, CID’s report prepared for the February 2014 Senate Subcommittee hearing led by Senator McCaskill found over 22,000 soldiers associated with payments that were at risk for fraud. This number is over seven times greater than the original Army Audit estimation at a rate of 1.7-3%. The FBI estimates that insurance fraud—one of the highest areas of civilian fraud—is at a rate of 3-10% of all insurance cases. Conversely, CID is now suggesting that those who proudly wear the uniform are felons at a rate of over 20%. Put differently, 1 in 5 soldiers are alleged criminals, 2 to 7 times more likely to commit fraud than the civilian population. This is clear evidence that these claims are audacious.

How is it possible that so many service members are accused of fraud? How is it that the CID investigations found an additional 18,000-20,000 offenders from the Audit’s estimation? Is it possible that this is a witch-hunt? This fishing expedition turned into a conspiracy theory as Sen. McCaskill stated, “I mean, it is almost like word got out and nobody was paying attention, and all of a sudden everybody was, okay, the bank is open. Let us go for it.” The moderate democrat further opined, “I mean there is no way that there was not a culture of people saying, hey, here is the deal. There is a bounty and we know these people are signing up.” But rather than a vast number of soldiers intentionally scamming the government they swore to protect, a much more plausible answer would be that most all were following a set of murky rules as they understood them.

Senator McCaskill’s supposed effort directed to bring about justice for the American people instead turned into a catastrophe where the wrath eventually rolled downhill to the most vulnerable of peoples, our service members. Let off the hook were Docupak and military Brass who were responsible for the proper administration and oversight of G-RAP. One possible explanation for the morass is a skirmish over federal defense dollars when the Guard received the lion share of contract monies to operate G-RAP. Or perhaps it is something as simple as an attempt to justify the military drawdown of troops currently underway. This time, the scapegoat would be the American soldier, more specifically National Guardsman, as McCaskill’s goons sought to manufacture felons. Unfortunately, those are the casualties of politics, but these service members deserve more. They deserve answers and accountability from our leaders.

[1] Unpublished U.S. Army Inspector General Agency Report of Investigation (ROI) (Recruiting Assistance Program) 2014.
[2] Memorandum from U.S. Army Audit Agency to Recruiting Assistance Program Task Force Regarding Audit of Recruiting Assistance Programs – Reserve Components (June 4, 2012) (Report A 2012 0115 IEF), Enclosure 1.
[3] CID Investigators report (G-RAP Training) Nov, 2013.

Learn more at Stop G-RAP Injustice on Facebook.

The Military Justice Improvement Act Helps Guarantee Constitutional Rights for All

I support the Military Justice Improvement Act for a number of reasons but first and foremost because it will provide a safe place for survivors to report. And if survivors can report, we can prevent others from becoming victims of these same criminals. The whole premise behind this law is to remove the gatekeepers (Commander and Chain of Command). Not because they all are incapable and incompetent of doing the right thing but because they are trained to be warriors not police, detectives, and prosecutors. Therefore, they can quite potentially hurt a case by meddling in it.

The Commander may know both parties and cannot be impartial in this case. Therefore, we need to treat all cases as if they are worst case scenario so that our response is uniform and consistent. This law is only the first of many steps that need to be taken in order to ensure a fair process for both the victim and the accused. No one wants special rights; no one wants bias in the process.  As a matter of fact, we are making the military’s response to violent crime similar to that of the civilian system. For example, would you report a crime to your boss?  No. You would report a crime to the police, a rape crisis center, etc.

Since not all bases have legal and support services available to them, the next logical step is to turn to the Judge Advocate General, who is more of a legal professional then the Commander. Commanders are not trained to assist traumatized victims, conduct investigations, or study the modus operandi of predators. Most prosecutors are schooled in these techniques automatically just because of their legal training. The ideal scenario would include one place to call or go to assist them with the process. We can’t do this until they report. The SARC or SAPRO can act as a support system but only if they have a supportive Command.  Therefore, we need to guarantee a support system that will review the situation from an objective point of view. The good soldier defense and how long you have served should not determine your credibility.

If you don’t believe the military has a reporting problem, then you don’t know the numbers.  The numbers are staggering and illusive.  The 26,300 troops that the Department of Defense reports are sexual assaulted per year does not include the military service academies, the Coast Guard, or sexual harassment cases.  Unfortunately, the Department of Defense is still referring sexual harassment cases to the Equal Employment Opportunity office, which is a Commander’s program. Therefore once again, if the EEO representative is not supported by the Commander then they cannot help you. Of the 26,300 estimated troops, only 3,374 reported the crimes perpetrated against them.  Sixty-two percent of those that did not report the crime did not report because of fear of retaliation and the impact on their career, and rightly so.

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Veteran’s Law Group

The Veterans Law Group is the creation of Mark Lippman, an attorney whose practice is dedicated to claims made on behalf of disabled veterans & their families.

The Veterans Law Group was the creation of Mark Lippman, a seasoned attorney whose practice is dedicated to claims made on behalf of disabled veterans and their dependents.  We look forward to serving your needs.

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