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Thursday, December 13, 2007

Undermining Military Justice

It’s a cliché to say that “military justice is to justice as military music is to music.” It’s also far from fair to the American military. Over the last fifty years, the American military justice model evolved into something that—while always short of perfection, as all human works—nevertheless accurately reflects the basic values of a democratic society. In fact, the American court-martial system has long been something that Americans could be proud of. And more than anything this is thanks to the diligent work and professionalism of the uniformed lawyers who make that system work, the JAG corps.
Within two years of its arrival in Washington, the Bush Administration began to take a crow bar to the American military justice system. They wanted a new process in Guantánamo, and they had no position for justice in it. And they wanted the military lawyers to be their frontmen. As a senior JAG officer explained to me in West Point this fall: “They never asked us for our advice on how to do this. They instructed us what to do. And we did the best we could to give their designs at least some modicum of justice. But nobody is happy with the product.”
In fact over the last years we have seen a steady parade of JAG officers on the public stage protesting what has been done—a demolition derby of traditional values and procedures. “It’s destroying our reputation. Why should we be quiet about this? We are the guardians of an important legacy. Don’t we have a duty to that legacy?” Now I know a good many of these men and women, and they are not a bunch of wild-eyed Bill Kuenstlers in uniform. They are mostly conservative Republicans. And what propels them is that very conservatism–respect for traditional values.
Those who have spoken have been the TJAGs, the senior most generals and admirals in each service line, but also defense counsel, judges, and now the prosecutors. Congress has enacted legislation which will shortly promote the senior echelon of JAG officers, on an initiative from Senators McCain and Graham. This is a necessary change, because in the Bush Administration, uniformed lawyers have not gotten the respect and attention they deserve, and the country has faced a series of embarrassing scandals as a result.
LinkHere
DOJ Confused: Is Rape Really a Crime?
Another angle of the contractor immunity phenomenon is exhibited in a report carried by ABC’s chief investigative correspondent Brian Ross this evening.
A Houston, Texas woman says she was gang-raped by Halliburton/KBR coworkers in Baghdad, and the company and the U.S. government are covering up the incident. Jamie Leigh Jones, now 22, says that after she was raped by multiple men at a KBR camp in the Green Zone, the company put her under guard in a shipping container with a bed and warned her that if she left Iraq for medical treatment, she’d be out of a job.
“Don’t plan on working back in Iraq. There won’t be a position here, and there won’t be a position in Houston,” Jones says she was told.
Sounds like a serious crime to me. Or rather, several: Assault. Rape. False imprisonment. All crimes which the DOJ is empowered to prosecute if they occur in Iraq and involve contractors. It’s the Military Extraterritorial Jurisdiction Act, or MEJA.
But in the eyes of the Bush Justice Department, contractors functioning in Iraq have complete immunity for whatever crimes they choose to commit. The U.S. issued a decree preventing the Iraqis from prosecuting. And the Justice Department isn’t going to do a thing about them. As one assistant attorney general explained to me in the corridors of the Rayburn Building, “we simply don’t have the resources or time to deal with this sort of thing.” Of course. When you dedicate 58 FBI agents (one of them recalled from Iraq just for that purpose) to a raid on a law office whose principals are under strong suspicion of raising money for Democratic presidential candidates and reimbursing staffers who make donations, then it only stands to reason that you have no resources to deal with the rape of a woman from Texas, or a group of Blackwater guards who needlessly murder 17 civilians at Nisoor Square. Or when you spend over $5 million on a bogus political prosecution of a Democratic governor, using evidence which is (as we will discover in the next two weeks) completely false. Or when you spend about $10 million on a series of trials in Mississippi which have the principal objective not of law enforcement, but of bankrupting the treasury of the Democratic Party. All of this shows what the priorities are: politics. Especially electoral politics. Dirty tricks designed to advance a G.O.P. electoral agenda. Murder, rape, assault? What is that by comparison? Unimportant. Trivial Stuff. Welcome to the Bush Justice Department.

Texas Worker Seeks Hearing on Alleged Gang-Rape in Iraq by Fellow Contractors

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