Here is yet another example of the United States Court of Appeals for the Armed Forces having to release someone falsely convicted of rape:
Cmdr. Matt Szoka, left, greets Judge Advocate General, Vice Admiral James W. Crawford III, during a tour of Naval Air Facility Atsugi on June 21, 2017. (Navy)
In a landmark decision Wednesday, the military’s highest court ruled that the Navy’s top lawyer, Vice Adm. James W. Crawford III, illegally meddled in the case of a SEAL accused of rape.
In a split 3-2 decision, the United States Court of Appeals for the Armed Forces tossed out the highly decorated commando’s 2014 court-martial conviction and barred the armed forces from ever trying him again.
The legal victory of Senior Chief Special Warfare Operator Keith E. Barry — who never quit proclaiming his innocence — will ripple across the entire military.
Writing for the majority, Chief Judge Scott W. Stucky, a retired Air Force colonel, determined that not only can the military’s most senior attorneys be held responsible for bogus advice that helps to unlawfully coerce a prosecution but that Crawford “actually did so in this case.”
Called the “mortal enemy of military justice,” unlawful command influence, or UCI, occurs when superiors utter words or take actions that wrongfully influence the outcome of court-martial cases, jeopardize the appellate process or undermine the public’s confidence in the armed forces by appearing to tip the scales of justice. [Navy Times]
Here is the key part of this decision that the Court of Appeals is trying to create awareness of:
Designed to buttress the public’s perception of the military criminal justice system, the majority’s decision also raises hard questions about “the political climate surrounding sexual assault” caused by the “increased scrutiny by Congress as well as other political and military leaders” on commanders who convene court-martial cases but also go through Capitol Hill, the Pentagon and the White House to get promoted.
The concern is that commanders fearing for their careers will just send people accused of sexual assault to trial on flimsy evidence to avoid any repercussions to their career advancement. If you read the whole story at the link you can see that the Seal was accused with flimsy evidence by an ex-girlfriend, but the leadership was under significant political pressure to convict him. To make matters worse top Naval lawyers who knew better were encouraging conviction as well.
I don’t know if this will change the culture of guilty until proven innocent for people accused of sexual assault, but it is a start.
If convicted, Vice Admiral James W. Crawford, III ought to be hanged or shot for violations of UCMJ Articles 81, 92, 93, 97, 98, 107, 108, 132, and 133 (in order to encourage other Flag Officers to behave as their position warrants). He should also be charged under 18 U.S.C. § 2388 – Activities affecting armed forces during war.
It won’t happen as the Services cover up this type of abuse more effectively than the Catholic Church covers up Priests who abuse young boys.
Why the death penalty? The Judge Advocate General has a very visible and influential role. His illegal interference in matters of justice brings doubt on the fairness of all courts-martial verdicts, reduces morale, affects enlistment, and brings shame on the US Navy and all who serve. Not to mention the universities he attended, the Bar Associations to which he belongs, his family, and his friends, if any. A simple life sentence or even a combined sentence of hundreds of years does not measure up to the serious and far-reaching damage Admiral Cartwright has done.
And just because he was caught this time does not mean it only happened once.
IANAL; but here is the potentially relevant law:
81. CONSPIRACY
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may dire
93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
97. UNLAWFUL DETENTION
Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct
98. NONCOMPLIANCE WITH PROCEDURAL RULES
Any person subject to this chapter who–
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
108. MILITARY PROPERTY OF UNITED STATES-LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION
Any person subject to this chapter who, without proper authority–
(1) sells or otherwise disposes of;
(2) willfully ore through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of;
any military property of the United States, shall be punished as a court-martial may direct.
132. FRAUDS AGAINST THE UNITED STATES
Any person subject to this chapter–
(1) who, knowing it to be false or fraudulent–
(A) makes any claim against the United States or any officer thereof; or
(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof
(A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of any money, or other property or the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States;
shall, upon conviction, be punished as a court-martial may direct.
133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
18 U.S.C. § 2388 – Activities affecting armed forces during war
(a) Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; or Whoever, when the United States is at war, willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or attempts to do so Shall be fined under this title or imprisoned not more than twenty years, or both.
(b) If two or more persons conspire to violate subsection (a) of this section and one or more such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this section, shall be fined under this title or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime jurisdiction of the United States, and on the high seas, as well as within the United States.
Liz
6 years ago
The culture of fear mandated by Congress led to this type of leadership.
General Franklin was fired for that reason.
Thank God for Trump. Changing of the guard is happening. Leadership is improving. Takes a while to undo what was done over so many years.
Other folks who should line up for that firing squad:
Sen. Claire McCaskill, Barbara Boxer, Jeanne Shaheen, Hagel, Ashton Carter…
the list goes on but that’s a start.
@Flyingsword, so many of these cases are he said, she said with no other evidence that it is hard to determine what happened, but what the advocates will say is that prosecuting people for false accusations will cause people to not report sexual assault.
GI, I understand the fear of reprisal. But I also know the pain of being falsely accused with no opportunity to face my accuser or appeal.
Those things should be adjudicated by a FAIR and IMPARTIAL JAG. And when the cops, prosecutors, and judges go bad, they need a different level of justice.
Crawford needs to be an example future JAG COs whisper about, fearfully.
@Flyingsword, the problem is proving it is a false report to criminally legal standard when it is a he said she said case. Plus you throw in the negative pushback that could come from the advocacy groups and thus prosecutors are likely hesitant to pursue charges.
@setnaffa, as far Crawford and other Jags that were not providing good legal counsel to commanders, and instead political counsel; they deserve the max punishment possible.
Liz
6 years ago
“Those things should be adjudicated by a FAIR and IMPARTIAL JAG. And when the cops, prosecutors, and judges go bad, they need a different level of justice.
Crawford needs to be an example future JAG COs whisper about, fearfully.”
Due process was thwarted not only due to the JAG but the Convening Authority could not exercise his jurisdiction without getting fired.
Look at what happened to Franklin under the same circumstances. Congress demanded and took action to try to force the military get rid of Convening Authorities in these types of cases. The Convening Authority in this case did not do his job, probably because he 1) didn’t want to get fired and 2) probably wanted a better retirement. They fired Franklin as an example, what would they do to the next guy? Demote him to Colonel?
He had to two choices: die with his boots on, or fail at the moment of truth.
He failed. Congress played a big part. It’s hard to get good leadership in this environment. I’m actually stunned leadership is as good as it is considering the face of things just two and a half years ago.
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false accuser should be sentence to the same punishment the sailor recieved.
If convicted, Vice Admiral James W. Crawford, III ought to be hanged or shot for violations of UCMJ Articles 81, 92, 93, 97, 98, 107, 108, 132, and 133 (in order to encourage other Flag Officers to behave as their position warrants). He should also be charged under 18 U.S.C. § 2388 – Activities affecting armed forces during war.
It won’t happen as the Services cover up this type of abuse more effectively than the Catholic Church covers up Priests who abuse young boys.
Why the death penalty? The Judge Advocate General has a very visible and influential role. His illegal interference in matters of justice brings doubt on the fairness of all courts-martial verdicts, reduces morale, affects enlistment, and brings shame on the US Navy and all who serve. Not to mention the universities he attended, the Bar Associations to which he belongs, his family, and his friends, if any. A simple life sentence or even a combined sentence of hundreds of years does not measure up to the serious and far-reaching damage Admiral Cartwright has done.
And just because he was caught this time does not mean it only happened once.
IANAL; but here is the potentially relevant law:
81. CONSPIRACY
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may dire
93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
97. UNLAWFUL DETENTION
Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct
98. NONCOMPLIANCE WITH PROCEDURAL RULES
Any person subject to this chapter who–
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
108. MILITARY PROPERTY OF UNITED STATES-LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION
Any person subject to this chapter who, without proper authority–
(1) sells or otherwise disposes of;
(2) willfully ore through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of;
any military property of the United States, shall be punished as a court-martial may direct.
132. FRAUDS AGAINST THE UNITED STATES
Any person subject to this chapter–
(1) who, knowing it to be false or fraudulent–
(A) makes any claim against the United States or any officer thereof; or
(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof
(A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of any money, or other property or the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States;
shall, upon conviction, be punished as a court-martial may direct.
133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
18 U.S.C. § 2388 – Activities affecting armed forces during war
(a) Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; or Whoever, when the United States is at war, willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or attempts to do so Shall be fined under this title or imprisoned not more than twenty years, or both.
(b) If two or more persons conspire to violate subsection (a) of this section and one or more such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this section, shall be fined under this title or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime jurisdiction of the United States, and on the high seas, as well as within the United States.
The culture of fear mandated by Congress led to this type of leadership.
General Franklin was fired for that reason.
Thank God for Trump. Changing of the guard is happening. Leadership is improving. Takes a while to undo what was done over so many years.
Other folks who should line up for that firing squad:
Sen. Claire McCaskill, Barbara Boxer, Jeanne Shaheen, Hagel, Ashton Carter…
the list goes on but that’s a start.
@Flyingsword, so many of these cases are he said, she said with no other evidence that it is hard to determine what happened, but what the advocates will say is that prosecuting people for false accusations will cause people to not report sexual assault.
No shoes in the closet with this case!
GI. maybe people shouldn’t file false reports
GI, I understand the fear of reprisal. But I also know the pain of being falsely accused with no opportunity to face my accuser or appeal.
Those things should be adjudicated by a FAIR and IMPARTIAL JAG. And when the cops, prosecutors, and judges go bad, they need a different level of justice.
Crawford needs to be an example future JAG COs whisper about, fearfully.
For the next 150 years.
@Flyingsword, the problem is proving it is a false report to criminally legal standard when it is a he said she said case. Plus you throw in the negative pushback that could come from the advocacy groups and thus prosecutors are likely hesitant to pursue charges.
@setnaffa, as far Crawford and other Jags that were not providing good legal counsel to commanders, and instead political counsel; they deserve the max punishment possible.
“Those things should be adjudicated by a FAIR and IMPARTIAL JAG. And when the cops, prosecutors, and judges go bad, they need a different level of justice.
Crawford needs to be an example future JAG COs whisper about, fearfully.”
Due process was thwarted not only due to the JAG but the Convening Authority could not exercise his jurisdiction without getting fired.
Look at what happened to Franklin under the same circumstances. Congress demanded and took action to try to force the military get rid of Convening Authorities in these types of cases. The Convening Authority in this case did not do his job, probably because he 1) didn’t want to get fired and 2) probably wanted a better retirement. They fired Franklin as an example, what would they do to the next guy? Demote him to Colonel?
He had to two choices: die with his boots on, or fail at the moment of truth.
He failed. Congress played a big part. It’s hard to get good leadership in this environment. I’m actually stunned leadership is as good as it is considering the face of things just two and a half years ago.