On Situational Awareness and the Abuse of Power
by The JAG Hunter
Saturday, 7 June 2003

Navy Vice Admiral Richard J. Naughton verbally and physically assaulted a Marine sentry who was on duty and under arms during a time when America faces an internal security threat unmatched in our history.

Naughton’s criminal misconduct and clear abuse of power demands closer examination before Navy officials sweep it under a rug. To his shame, Naughton knew exactly what he was doing, all the more reason why Navy and Department of Defense officialdom must sit up and take a second look.

Consider Naughton would never have acted out his “I’m an admiral” tantrum responding to an airport screener’s boarding request for picture ID at Reagan/National. It’s instructive to speculate upon expected consequences Naughton would face under the auspices of the Department of Homeland Security, contrasted to those actually being meted out by DoD.

Had the arrogant admiral verbally “flame thrown” a security screener while laying hands forcefully enough to cause injury, a security alert would sound and an arrest effected by federal police. A public criminal investigation would start instantly with “His Admiralness” facing serious criminal charges.

A career naval flight officer, and former commander of the Navy’s prestigious Top Gun school, Naughton knows about the concept of “situational awareness.” The operational dictate of combat aviators that requires a continuous 360-degree scan in all dimensions -- being completely aware of all things at all times. Examining the “situation” Naughton confronted returning to Academy grounds last New Year’s eve is illuminating.

The presence of a U.S. Marine guard on duty and under arms is one of nature’s danger signs. Consequently, Marines don’t always guard entrances to the Naval Academy. It’s not a casual exercise.

Under normal circumstances the 11 General Orders for Sentries suffice to guide on-duty personnel. Order No. 11, for example, commands watchstanders “To be especially watchful at night and, during the time for challenging, to challenge all persons on or near my post, and to allow no one to pass without proper authority.” But security was especially tight in Maryland’s state capital on December 31, 2002. Night orders to sentries, augmenting the standing orders, were tailored for individual Naval Academy portals.

Access through Gate 3 was specifically restricted to personnel appearing on a printed list delivered to the guard post earlier in the day. Naughton knew this as he approached the gate later that night with friends. To be expected, the sentry wanted to take a closer look at Naughton’s ID.

Probably embarrassed he wasn’t recognized amid a group of people wearing civilian clothes, Naughton may have felt a need to establish his self-importance and launched into his rant. No matter – what Naughton did was reckless and completely unacceptable.

More seriously, particularly from the standpoint of veterans, assault on a sentry (at any time) is a military crime companion to other serious military crimes Naughton committed that evening (failure to obey a lawful order for example). Yet, the admiral faces no military prosecution. Make careful note of the Navy’s handling of Naughton’s misconduct and their extraordinary control of information.

As chilling is what this signals to outsiders about the practical workings of military base or federal reservation security. One doesn’t have to be a “Mission Impossible” fan to know about the efficacy of disguises and phony ID. Naughton places the population of folks living or working on Academy grounds at greater risk only because “His Admiralness” demands separate and distinct status from everybody else. Naughton has established a bad precedent, real or perceived.

Ironically, Gate 3 was the exact location for the scene where the fictional character of Jack Ryan was attacked by terrorists in the movie “Clear and Present Danger.” Recall the Marine gate guard who came to Ryan’s assistance.

At its core this is about an arrogant and imperious man throwing his weight around in front of an audience. Naughton used an on-duty Marine sentry as the butt of his abuse. Never mind the admiral’s state of mind. From the point of view of the unwary Marine (who executed his duties exactly as trained by the way), it was a very public, wrongful, and humiliating lashing.

But more is at work. The larger and most serious issues must be recognized and addressed.

WELL DONE, and a sharp salute to the Marine on watch that night. The only appropriate physical contact here is a slap on the back. Semper Fi!

Meanwhile, Navy brass and DoD officers must revisit their “wrist-slapping” approach to Admiral Naughton’s criminal escapades. Then they need to award a commendation to the Marine guard.

Desertion: Still a military crime?
by The JAG Hunter

Last April Army Chaplain and Lutheran minister Glenn Palmer deserted his unit claiming he couldn't deal with the war in Iraq. Captain Palmer walked out on 500 combat soldiers, deployed in theater Iraq, just days before Easter Sunday.

Col. Daniel Paul, Palmer's boss at Ft. Riley, Kan. responded, "Absolutely not" when asked if Chaplain Palmer faced punishment. Col. Paul seems to be in keeping with current Army policy turning its back on deserters.

The memo apparently didn't reach Howard Baker, U.S. Ambassador to Japan. Baker, while standing next to Deputy Defense Secretary Paul Wolfowitz, told reporters "that while we have sympathy for [Army Sgt. Charles Robert Jenkins], the legal process will have to operate," suggesting Jenkins would face disciplinary action if he tried to join his wife in Japan. Sgt. Jenkins deserted the Army to North Korea in 1965. Sgt. Jenkins is 63 years old.

Either desertion is a military crime, or not.

The Judge Advocate General for the Army, The Judge Advocate General for the Navy, and the top JAGs for each of the sister services is called a "TJAG."

Air Force TJAG: Major General Thomas J. Fiscus
Army TJAG: Major General Thomas J. Romig
Coast Guard TJAG: Rear Admiral Robert F. Duncan
Marine Corps TJAG: Brigadier General Kevin M. Sandkuhler
Navy TJAG: Rear Admiral Michael F. Lohr

Chains of Command by Beth Hillman

The U.S. court-martial constricts the rights of soldiers—and that needs to change.

Definition: JAGMIRE

jag · mire (jág-mīre) n. U.S Military Law. Slang 1. Present and past practice of military justice. 2. The collected body of unethical, corrupt, corrupted, or criminally complicit judge advocate generals. 3. A difficult or precarious military justice situation; predicament. 4. A military justice bog. – v. mired, miring. 1. To sink or stick in or as if in a jagmire. 2. To intentionally soil or destroy the military career of another or advance one’s own career through the unethical or criminal practice of military law.

JAG Priesthood – see JAGMIRE.

Did ya know...?

Old news maybe, but worth repeating. The U.S., in February of this year, approved the award of the Bronze Star Medal to four Canadians killed in April 2002 in Afghanistan during a friendly fire accident.

The JAG Hunter wonders how many American soldiers are being awarded The Bronze Star for the same reason?

Interview
Judge Robinson Everett
November 7, 1997

ADM's Col. Dan Smith interviews Judge Robinson Everett, Former Chief Judge, Court of Appeals for the Armed Services Duke University for "Law and Gender in the Military"

Judge Everett also appeared in person at the Cox Commission hearing in March 2001. His insights are important and timely.

The Senate Armed Services Subcommittee on Personnel holds jurisdiction over military justice. The current membership:


Republicans (4)

Saxby Chambliss, Georgia. - chairman
Susan Collins, Maine
Elizabeth Dole, North Carolina
John Cornyn, Texas


Democrats (3)

Ben Nelson, Nebraska. - ranking member
Edward M. Kennedy, Massachusetts
Mark Pryor, Arkansas

Click here for a membership index to other Senate Committees and Subcommittees

The House Armed Services subcommittee on Total Force holds jurisdiction over the military justice system. The current membership:

Republicans (8)

John M. McHugh, New York - chairman
Tom Cole, Oklahoma
Candice S. Miller, Michigan
Phil Gingrey, Georgia
H. James Saxton, New Jersey
Jim Ryun, Kansas
Ed Schrock, Virginia
Robin Hayes, North Carolina

Democrats (6)

Vic Snyder, Arkansas - ranking member
Martin T. Meehan, Massachusetts
Loretta Sanchez, California
Ellen O. Tauscher, California
Jim Cooper, Tennessee
Madeleine Z. Bordallo, Guam

Click here for an index to other House subcommittees

Retired Master Chief Petty Officer Richard C. Foster is seeking help for his son. If you have information about this case contact The JAG Hunter

What does it take to convict an innocent sailor in today’s Navy?
By Master Chief Petty Officer Richard C. Foster, USN Retired

The U.S. Navy Judicial System (Court-martial)

1. A Commander, VADM Gerald L. Hoewing and RADM Steven J. Tomaszeski, that trusts incompetent, and in some instances, negligent subordinates to do a professional job.
2. A Staff Judge Advocate that lacking leadership and professionalism recommends a case that has no merit to the Commander; in other words, a case that should not be prosecuted. (Note: No civil prosecutor would have taken the allegations against my son to trial.)
3. A Judge, CDR N. H. Kelstrom, who is easily duped by staged stratagem and who intimidates the defense attorneys into making unsound decisions and dictates to only the defense expert witnesses, prior to testimony, what answers they can, or cannot, provide to the jury.
4. Prosecutors who do not seek the truth in a trial and convict at any cost. (Note: One prosecutor, LT Melchoir, when asked the question “isn’t that the worst possible outcome of a trial? That an innocent person is convicted?” answered “No, I think the worst is when a guilty person is let free, . . .”
5. Defense Attorneys who are inadequate, consequently unqualified, but you do not know that until the trial is over, your son is convicted, and you receive copies of the documents that the Staff Judge Advocate used to recommend the case go to trial.
6. Members of the court-martial (jury) who lack enough common sense to realize perjury is being committed and that lying establishes the doubt that is necessary to acquit the defendant. Reasonable doubt is established through perjured testimony, no physical evidence exists, and they couldn’t care less about justice and truth; therefore, they convict.
7. Naval Criminal Investigation Service (NCIS) agent(s) who:
· Submit report(s) that are not accurate representations of what the interviewee stated. (NCIS Agent Harrison) Interviewee, Carolyn Foster, given no opportunity to review the report for accuracy prior to submission.
· Submit report(s) that leave out critical statements made by an interviewee that prejudices the defense’s case. (NCIS Agent Dillard) Recording equipment not tested to ensure proper working order and use of an old VCR tape that indicates prior use.
· Put forth the minimum required effort producing an incomplete; therefore, an incompetent and negligent investigation.
· All physical evidence proves negative and innovative testing exists that would have exonerated the defendant. However, they are more concerned about damaging furniture and bedding rather than the defendant’s innocence; therefore, the DNA testing was not performed.
8. A Grand Island, Nebraska Police Officer, Officer Stegman, who produces a report that 10 days later he recants portions thereof subsequent to the complainant (not a qualified doctor) making a medical conclusion to the officer’s superior -- that only a medical doctor could certify.
9. An adulterous ex-wife, sixteen (16) months after separation fabricating allegations, and her parents conspired to convict the ex-husband, as well as committing perjury in a Federal Court. Motive - Money. (Victim’s pay, parental rights, and accumulative child support)
10. The Court-martial. Eighteen (18) months after allegations the trial begins giving the ex-wife ample opportunity to brainwash the children against their father. A training session for incompetent and negligent attorneys with no supervision to safeguard the defendant’s rights.

Go to The JAG Hunter for important military justice and other information links.