Search This Blog

De Omnibus Dubitandum - Lux Veritas

Showing posts with label Uniform Code of Military Justice. Show all posts
Showing posts with label Uniform Code of Military Justice. Show all posts

Tuesday, August 6, 2024

The Uniform Code of Military Justice is Neither Uniform, or Justice, Part III

The Chevron decision opens the door for justice to enter the military.

By Rich Kozlovich

Over the last couple of years I've been involved in discussions regarding military justice, and as I've often stated, and written (Here, and Here), "the Uniform Code of Military Justice is neither uniform,nor is it justice.   

When serving as an enlisted man in the military it becomes abundantly clear the system is rigged against you.  And truth be told, given that so many military people are in their late teens or early twenties, there's a degree of understandably for that.  They rig the system to keep all the wild impulses of all those testosterone filled young men under control.  But it's not uniform, nor is it justice.  Mostly, it's big egos, bad attitudes, and politics.   

I served, I hated military life, and l despised the officers. If they tried to pull the crap they get away in the military in the real world they'd get smacked in mouth.  I still despise the officers, and given what's going on in America's military shows they deserve to be despised.  They weren't treasonous then as they are now, but that's only because the ground wasn't fertile for treason as it is now.   And that permeates military justice at all levels.  Some people are special, and some aren't, especially when it involves some officers.

A general kicks off a plane between 50 and 100 people, some of whom were most likely killed, to bring back a war trophy, all of which was against regulations, and nothing is done.   All par for the course with the upper ranks of the military.  An enlisted man would be been thrown in prison.

It's rigged, and I've often cited the movie "A Few Good Men", as the example.  Another great example was a far less known movie with Robert Mitchum, A Man in the Middle.  Not as well known as A Few Good Men, but it was insightful, it was disturbing, and it was thought provoking, specially for that time frame, which is why I remember it so well. 

The brass wanted a man found guilty of murder, of which he is, but there's only one problem.  He was nuts.   While he's clearly insane they rig the evidence to make it look otherwise in order to find him guilty for political expediency.  Not insane, guilty!   But the defense council refused to go along with that, and it's made clear in the movie his decision to refuse to go along to get along will impact his military future.   That's the Uniform Code of Military Justice.

On July 28, 2024, Chase Spears published this article, With Chevron Dead, It’s Time to Challenge the Feres Doctrine:

A 1950 Supreme Court ruling in Feres v. United States, this dark precedent prevents military members from suing the U.S. Government for injuries incurred on active duty. With the exception of pharmaceuticals that produce Covid gene therapy shots, no other line of work is afforded such protections.  Thus, military commanders have been legally shielded from the consequences of their decisions over American citizens in the ranks for over seven decades now. 

In a rare moment of judicial sanity, the 9th U.S. Circuit Court of Appeals ruled that the Feres Doctrine does not prevent a military member from suing another military member for committing sexual assault, the judges noting that “we are confident in our determination that this act of alleged sexual assault was not incident to military service.” This came the year after the Supreme Court refused to hear a case involving a woman who was raped during her time as a cadet at the U.S. Military Academy.............

When the rights of military members are violated, they have virtually no recourse within the system, despite the significant portion of taxpayer resources used to fund a litany of investigative agencies. The military service branches promulgate an armada of police and criminal investigative commands to employ against military members, an aura of complete control always being dangled above their heads to encourage compliance. 

In theory, the host of Inspector General (IG) offices across the military command structure exist to hold abusive military authorities accountable. But the IG has no power to act. Its agents merely investigate and report to commanders, who are often the perpetrators of injustice against their subordinates. It takes the exceptionally rare event (usually of sexual or fiscal nature) for higher-level commanders to hold other commanders to account for abuse of authority or deprivation of rights. 

But even these kind of cases have been so badly bungled by this generation’s military brass that congress intervened in 2023 to remove military commanders’ authority to adjudicate accusations of sexual abuse, and other serious crimes. Even in the rare cases where a commander’s injustice is overturned by the military or civil legal system, the offending commander suffers no accountability, no repercussions for the unlawful suffering he or she caused to a fellow citizen in uniform. Thus totalitarian-minded commanders have little reason to worry. If they lose an ill-brought case, they won’t lose rank or position for it.

Not one bit of this has a Constitutional basis for the Feres decision by the Supreme Court.  As has been presented everything is rigged.  All smoke and mirrors to hide the fact military justice is an oxymoron, but now with Chevron overturned it's time for Feres to also be overturned.   
 

Tuesday, June 11, 2024

The Uniform Code of Military Justice is Neither Uniform, or Justice, Part II

By Rich Kozlovich

Let me start off stating I served, I hated it, I despised the officers, and I still do.  I found them arrogant, lazy, pampered, and catered to bullies who could get away with conduct that would have gotten them smacked in the mouth in civilian life.  And it's clear it's worse now more than ever, since now the officer corp is filled with Woke traitors.

When serving as an enlisted man in the military it becomes abundantly clear the system is rigged against you.  And truth be told, given that so many military people are in their late teens or early twenties, there's a degree of understandably for that.  They rig the system to keep all the wild impulses of all those testosterone filled young men under control.  But it's not uniform, nor is it justice.  Mostly, it's big egos, bad attitudes, and politics.   And that permeates military justice at all levels.  Some people are special, and some aren't, including some officers.

In 2021 I published this piece, Uniform Code of Military Justice is Neither Uniform Nor Justice, saying: 

Currently the US Navy Secretary under Lloyd Austin is threatening to make the Navy SEALs, arguably the finest special operation people in the world, to make them pay back the cost of their training if they don't get the vaccination.  And the reason why?  "In order to maximize readiness, it is the policy goal of the U.S. Navy to achieve a fully vaccinated force against the persistent and lethal threat of COVID-19." 

Yet we see how:

"A general kicks off a plane between 50 and 100 people, some of whom were most likely killed, to bring back a war trophy, all of which was against regulations, and nothing is done.   All par for the course with this administration, and the upper ranks of the military.  An enlisted man would be been thrown in prison."

Most of the people are a bit surprised and dubious when I tell them the movie "A Few Good Men" is in my opinion the perfect example of military justice.  In the movie justice prevailed, but the movie made it clear, that was not the military's intention.   The system was rigged, and it wasn't supposed to end that way.

Remember Bowe Bergdahl?   They traded five Taliban commanders for Bergdahl.  They traded five terrorist leaders who would most certainly go on to commit more acts of terror for a deserter who was captured by the Taliban.  His punishment?   

Bergdahl was tried by general court-martial on charges of desertion and misbehavior before the enemy, and on October 16, 2017, he entered a guilty plea before a military judge at Fort Bragg, North Carolina. On November 3, 2017, he was sentenced to be dishonorably discharged, reduced in rank to private and fined $1,000 per month from his pay for ten months, with no prison time.

In 2o23 Daniel Greenfield discussed Travis King saying:

The Travis King case is already starting to resemble the Bowe Bergdahl case. King appears to have tried to defect to North Korea. The Norks decided that they didn’t want him, but the Biden administration sure does.  And he’s not getting the treatment allotted to a defector, but to some kind of war hero.............This is how we handle defections now? Soldiers who refused to get vaccinated were booted out unceremoniously, but defecting to some of our worst enemies merits a “talented and experienced team” guiding him through a “reintegration process” and a “family reunion”?

Today Rachel Alexander published this article, Wrongly Convicted, Highly Decorated Conservative Marine Colonel Publishes Book After Exoneration, saying:

Dan Wilson, who rose through the ranks in the Marines from Private to Colonel in his final 10 years there, has published Undaunted Gladiator, a book about his experience being wrongly convicted and imprisoned for a crime he never committed. He fought the conviction while in prison and won, was exonerated and released after three years of incarceration. It is a tragic example of how woke policies, corrupt lawyers and generals are destroying our military from within.

 She goes on to describe how outrageously this man was treated, ending up in prison for three years based on trials where no evidence of any crime existed, and no evidence of his innocence was permitted, and was found guilty by a rigged jury of "hand picked generals".

It gets far more interesting as Rachel notes:

I wrote an article about his unjust imprisonment, and New York attorneys for the woman who had accused him of molesting her daughter overnighted me as well as my then-employer a menacing letter demanding I take the article down within 24 hours or they threatened legal action against me. Since I’d spoken extensively with Wilson’s family and knew he was innocent, I held firm.

She went on to say:

Wilson’s appeal was conducted while he was in prison. Wilson’s stepdaughter paid for an appellate attorney to represent him to the appellate court, because he was too deep in debt from legal expenses to hire one. ..........Fortunately, the site MilitaryCorruption.com had his back the entire way. They said about his case, 

“The Marine Corps should be deeply ashamed for railroading an innocent man into prison! We have been observing examples of military injustice for over 50 years, but nothing, and we mean nothing quite compares to the abomination of justice that Colonel Daniel H. Wilson suffered at the hands of the United States Marine Corps…A great man who was stabbed in the back by his own people.” 

We're they ashamed?  No!  In spite of the fact the Marines were "forced to restore all of his pay and benefits", and in spite of the fact those years in prison were never paid for, the corruption didn't end:

[they] invoked administrative punishment in revenge for losing this landmark case by having Wilson put on the retirement roster to be paid as a Lieutenant Colonel, and smearing his 39 years of honorable service by designating it as “Other Than Honorable.” Only the current Secretary of the Navy or President can restore justice to Wilson and his family."

That's the Uniform Code of Military Justice, and that's always been the case in the military. 

Unfortunately, it seems like that's what were seeing at all levels of justice in America, and we're now calling it "lawfare".  The civilian equivalent of the UCMJ, neither uniform, or justice, and it's destroying the rule of law and the nation.  

Friday, September 29, 2023

Biden Admin is Giving a Pass to U.S. Soldier Who Defected to North Korea

'Our focus right now is caring for him and his family." 

September 28, 2023 by 24 Comments

The Travis King case is already starting to resemble the Bowe Bergdahl case. King appears to have tried to defect to North Korea. The Norks decided that they didn’t want him, but the Biden administration sure does.  And he’s not getting the treatment allotted to a defector, but to some kind of war hero.

“U.S. officials have secured the return of Private Travis King from the Democratic People’s Republic of Korea,” White House national security adviser Jake Sullivan said in a statement. “We appreciate the dedication of the interagency team that has worked tirelessly out of concern for Private King’s wellbeing.”

His wellbeing?.............This is how we handle defections now? Soldiers who refused to get vaccinated were booted out unceremoniously, but defecting to some of our worst enemies merits a “talented and experienced team” guiding him through a “reintegration process” and a “family reunion”?.............But this is an administration of traitors and they know their own kind...........To Read More...

Sunday, October 17, 2021

Uniform Code of Military Justice is Neither Uniform Nor Justice

By Rich Kozlovich

My e-mail group sends a lot of news reports out to the group regularly, which saves me a lot of time on searches by the way.  Sometimes we're in agreement, and sometimes not.  This came in last night, and I'm sharing some of their well thought out points in this piece.   

Currently the US Navy Secretary under Lloyd Austin is threatening to make the Navy SEALs, arguably the finest special operation people in the world, to make them pay back the cost of their training if they don't get the vaccination.  And the reason why?  

"In order to maximize readiness, it is the policy goal of the U.S. Navy to achieve a fully vaccinated force against the persistent and lethal threat of COVID-19."

I'll tell you what. We'll come back to that!


Naturally Austin and his cabal of misfits would consider punishing them, it reflects their easily demonstrated leftist insanity and corruption they embrace.

  • This administration is in harmony with their far left allies and rioters who murder, maim, and burn businesses down are released without prosecution, with V.P. Harris even providing some bail money to help out.  
  • Guys like McCabe who blatantly and repeatedly lied under oath to the FBI get their pensions and good standing reinstated.  
  • Police and Border Patrol who do their jobs are threatened with prosecution.  
  • January 6th protestors who merely walked in thru an open door, wandered around the Capitol for 5 minutes and left, doing zero damage, are jailed for months, denied their cancer treatments, charged with felonies and convicted with additional jail time and hefty fines. 
  • Parents who object to CRT being taught to their kids in school, or who complain about mask or vaccine mandates are labelled domestic terrorists, and it's threatened to bring the full might of the federal government down on them.  
  • Allies are dissed and betrayed while enemies are coddled and catered to.  American citizens are abandoned in hostile countries.  
  • A general kicks off a plane between 50 and 100 people, some of whom were most likely killed, to bring back a war trophy, all of which was against regulations, and nothing is done.   All par for the course with this administration, and the upper ranks of the military.  An enlisted man would be been thrown in prison.

Our own government has proven beyond doubt that they'll do what they can to subvert our own laws rather than enforce them, work on soft coup after soft coup who worked to oust a president who didn't toe their line, and so on.  Our own Deep State government is the enemy, and they're destroying the military. 

Outrageous?  This is worse than outrageous.  Remember, this was touted as necessary, "In order to maximize readiness, it is the policy goal of the U.S. Navy to achieve a fully vaccinated force against the persistent and lethal threat of COVID-19."  The persistent and lethal threat of Covid-19?  You gotta be kidding me.  

The reality is this isn't small pox or rabies, both of which were usually fatal to anyone contracting it.  This is a virus with a mortality rate worldwide of 4.9 million, out of a worldwide population of more than 7 billion people. "The survival rate is estimated at between 97% and 99.75%." ................ "It's true that COVID is very contagious, but so is the common cold, and no one ever thought of shutting down the world before to prevent people from catching the sniffles."

The threat?  Get vaxxed with an experimental drug they're call a vaccine for a disease which puts you at very little risk (99.5+% survival rate for anyone under the age of 70) or we bankrupt you for life. These men have SERVED. Now Austin is going to penalize them for their service to the nation? All done under the Uniform Code of Military Justice.  

Forget the very little risk. They serve, and do so honorably, and have earned the right to be treated honorably.  A right that shouldn't have to be earned.  But here's the truth of the Uniform Code of Military justice, and the corruption surrounding it's application.  The Corrupt Military Justice System – Systematically Sacrificing our Nation’s Heroes.  

That article appeared in June of 2017, and make no mistake about it, Obama corrupted the military by promoting traitors who sold their souls to get promoted, and got rid of any who wouldn't.  They became the military's "Woke" leadership, and they've further corrupted the upper ranks via promotions, get "Woke" or go home.  It's now to the point we have Milley, Austin and others in total charge, who are working to further corrupt the military with their "Wokeness".  While they went on a crusade to promote diversity and searching for and, rooting out, mythical White Supremacy in the military, they ignored their real duties in Afghanistan. 

So now we have highly trained, highly motivated special operations people refusing to get "vaccinated" with a experimental drug, that made it through the FDA in only about 18 months, when normally it takes ten to twelve years, and it's not even a real vaccination.  

The CDC changed the definition of what's a vaccine in order to call it such.  For decades in order to be a real vaccine the drug had to immunize the recipient and prevent transmission, or it wasn't a vaccine, it was a treatment.  And that's what these shots are, treatments, as they don't immunize or prevent transmission, and worse yet, we're seeing a lot of information that indicates these genetic treatments are causing serious health problems that are not just serious, they're deadly.

One more thing.  These military personal are not anti-vax radicals, and Navy Seals are usually highly intelligent.  Furthermore, I can assure you they've been getting vaccinations for all sorts of diseases from their very first week in the military.  But those were vaccinations, not improperly tested (still largely experimental) treatments, and I've no doubt they're well aware of the latest information about the dangers involved, and the potentially long term dangers we've yet to uncover.   

So this is not about ideology on the part of these men of conscience, it's a matter of being aware of the dangers of these treatments. The Ideologues are the corrupt "sold his soul to the Devil"  Austin and his upper echelon cabal of traitors.

Military personnel cannot sue the military except for medical wrongful death or harm issues by law.  But this is being challenged in federal court and here's where it all stands:
 
 "service members from all five branches of the military, federal employees, and federal civilian contractors have joined in a class action lawsuit against the Department of Defense over its COVID-19 vaccine mandates."..............“The Biden administration has no authority to require the COVID shots for the military or for federal employees or civilian contractors. Nor can the Biden administration pretend that the federal Religious Freedom Restoration Act and the First Amendment do not apply to its unlawful mandates,” Liberty Counsel Founder and Chairman Mat Staver said in a statement. “The Commander-in-Chief must end this shameful treatment and abuse of our brave military heroes. Forcing the COVID shots without consent or consideration for their sincere religious beliefs is illegal.”

Does Biden and his minions have the legal authority to do such a thing?   Since non-military personnel are behind this lawsuit, and it's going to federal court, if the court sides with the plaintiffs the military will have difficulty overriding such a ruling, and that's their only hope, because as I've said, and I think demonstrated, the Uniform Code of Military Justice isn't uniform or justice.