Three things became clear during the past week: I’m not the only one using the phrase, DoD’s War on Men, to describe the sexual assault witch hunt now taking place inside the Department of Defense; this war involves players at the highest levels of government; and it has front line combat troops fearful and incensed.
In his Wall Street Journalopinion piece Monday, James Taranto highlighted the case of Lt. Gen. Susan Helms, beginning with this summary:
Lt. Gen. Susan Helms is a pioneering woman who finds her career stalled because of a war on men—a political campaign against sexual assault in the military that shows signs of becoming an effort to criminalize male sexuality.
Sen. Claire McCaskill (D-Mo.)
Taranto went on to highlight how U.S. Sen. Claire McCaskill (D-Mo.), one of the ring leaders in this war, has placed a “permanent hold” on General Helms’ nomination to serve as vice commander of U.S. Space Command. Why? Because she had used her authority as a convening authority to grant clemency to Capt. Matthew Herrera, an officer under her command, after he had been tried and convicted by a court-martial panel of aggravated sexual assault.
Apparently in denial of the possibility that General Helms might have made the right decision, Senator McCaskill described it recently as sending “a damaging message to survivors of sexual assault who are seeking justice in the military justice system.” Really?
On Friday, Stars and Stripes published news about a Navy judge, Cmdr. Marcus Fulton, ruling that comments made by President Barack Obama as Commander-in-Chief would unduly influence any potential sentencing during pretrial hearings that in two sexual assault cases — U.S. vs. Johnson and U.S. vs. Fuentes. As a result of the ruling, neither of the accused individuals can be punitively discharged from the military — even if found guilty.
Because I know none of the specifics about these two cases, I cannot pretend to be an expert on the facts and evidence — if any exists, that is — involved. I can, however, say that the meddling of President Obama can be said to have had an adverse impact on the military justice system, and it has some troops upset. Among them, some Camp Pendleton Marines featured in the KSWB-Fox 5 video below:
In October 2011, my first nonfiction book, Three Days In August, was published, chronicling the life story and wrongful conviction of Army Special Forces Sgt. 1st Class Kelly A. Stewart. A highly-decorated combat veteran, he fell victim to this perverse new brand of military justice and saw his distinguished career as a member of the elite Green Beret fraternity shattered. Since then, I’ve been apprised of dozens of similar cases, many of which are highlighted in my series, DoD’s War on Men.
Key point: If this sexual assault witch hunt continues, no decent individuals will no longer want to serve in our nation’s military, deeming it too risky. Then what?
Bob McCarty is the author of Three Days In August (Oct ’11) and THE CLAPPER MEMO (May ’13). To learn more about either book or to place an order, click on the graphic above.
A crucial milestone in the military’s case against Army Ranger 1st Lt. Michael Behenna passed today as the U.S. Supreme Court announced justices rejected the appeal filed on behalf of the Edmond, Okla., native who was convicted in 2009 of unpremeditated murder after he shot and killed Ali Mansur, a known al-Qaeda operative, in what he said was self-defense near Baghdad May 16, 2008.
Though I’ve written more than 60 articles about the lieutenant’s case since June 4, 2009, I share links to a handful of the most important ones below:
With almost 11 years remaining on his sentence, it remains unclear as to how many of those years he must serve before being given the opportunity for parole. Until then, I hope you will write to him at the address below to show your support:
Michael Behenna #87503 1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304
FYI: Behenna and Kelly Stewart, the Green Beret combat veteran whose life and wrongful conviction are chronicled in my book, Three Days In August, were good friends while both were behind bars at Fort Leavenworth.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
U.S. Sen. Claire McCaskill (D-Mo.) and the editorial board of The New York Times have joined forces to push for drastic reform measures which, if implemented, will destroy an already-broken military justice system worse.
Sen. Claire McCaskill (D-Mo.)
During the past four months, I’ve used no fewer than eight articles in my series, DoD’s War on Men, to highlight the misguided efforts of the Show-Me State’s senior senator to institute sweeping reforms of the military justice system. At the same time, I’ve kept my eye out for other liberals joining her in the fight.
Reading the first sentence of an Editorial Board opinion piece published Sunday in Times, I found a link to Secretary of Defense Chuck Hagel‘s recent commencement address to graduates of the United States Military Academy and knew immediately the direction in which their “ink gun” was aimed: Hagel had told West Pointers it was time to stamp out the “scourge” of sexual assaults in the military.
Since my first nonfiction book, Three Days In August, was published in October 2011, I’ve been contacted by dozens of individuals, most of whom are family members of military men who’ve been accused, tried and convicted on a variety of sexual assault-related charges. In most cases, little or no evidence was presented by prosecutors during their courts-martial (a.k.a., “trials”) and, in many, prosecutors offered other military members immunity or leniency in exchange for their testimony.
In fact, according to a Military.com article published Aug. 13, one defense lawyer estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence. Still, military prosecutors, backed by people like Senator McCaskill, continue to paint innocent military men as out-of-control animals who deserve to be locked up and branded “sex offenders” for the rest of their lives.
While some changes might need to be made in the military justice system, nothing good will result from taking control from the commanders in charge and letting politicians and others waging DoD’s War on Men get involved in the decision-making process. Lives of innocent men are being ruined with each second that passes without real military justice.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
According to this recent article, Army Master Sergeant Jim Starek‘s 15-year-old step-daughter levied accusations against him two years ago that could have put him behind bars for up to 20 years. During the final phase of a one-day trial in a civilian courtroom this week, however, a Clarksville, Tenn., jury deliberated for less than 20 minutes before finding him not guilty on four counts of sexual battery by an authority figure. Case closed, right? Not so fast.
Click on image above to watch video in new window.
Despite being cleared by the civilian court, this Special Forces Soldier and combat veteran could still faces a military court-martial. Why? Because DoD’s War on Men (a.k.a., “sexual assault witch hunt”) is still being fought with people like U.S. Sen. Claire McCaskill (D-Mo.) beating the war drums. See this piece for the latest details.
During the 20 months that have passed since the release of Three Days In August, my first nonfiction book in which I chronicle the life story and wrongful conviction of Army Special Forces Sgt. 1st Class Kelly A. Stewart, I’ve been contacted by dozens of people who’ve either found themselves in the crosshairs of military prosecutors or have seen a loved one face this perverse new brand of military justice.
Through a relative, one of them — now service time in a military lockup — wrote to me recently. As has been the case so often with people who contact me, he asked for anonymity until such time as he is released from prison; therefore, I make no mentions of his name, rank or branch of service in the space below. Why? Because I’ve learned from people who know that repercussions behind bars can be hellish.
In his letter, this service member told me that, after being exonerated of sexual assault charges in a civilian court in the state where he was living, he found himself facing charges in a military court. Apparently, there is no protection against double jeopardy (i.e., being tried twice on the same charges) for members of the military.
In much the same manner as Sergeant Stewart, this combat veteran now behind bars wrote that he still stands by the values for which he proudly went to war for his country; however, he notes those values seem to have disappeared among those inside the military justice system.
“Where is the honor in trying a service member after he has already been tried in the jurisdiction of the alleged offense?” he wrote. “Where is the courage for the chain of command, judge, and appellate court to say, even though this is a sexual assault case which has become a sensitive issue, this is not right?”
“I was willing and ready to lose my life for this country,” he concluded, “but not this way.”
Word of warning to Sergeant Starek:“Don’t breathe easy just yet. The military justice system might not be finished with you yet.”
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
Sen. Claire McCaskill (D-Mo.) is continuing her efforts as the de facto leader of a “witch hunt” aimed at finding military men guilty of sexual assault, regardless of whether the facts in a case justify a conviction.
The Show-Me State’s senior U.S. senator sent out a news release via email today, pointing recipients to the taxpayer-funded website where she highlights efforts that will purportedly “reform” the military justice system. In reality, the measures she highlights on the page will, if enacted, only serve to make a seriously-flawed system worse.
Senator McCaskill would know this if she had read the piece I published yesterday, Military Sex Scandals: Lies, Misinformation and Injustice. It was written by the father of a wrongfully-convicted military officer who used a recently-published government document to help make several key points:
Several weeks ago, in May of 2013, the Department of Defense made public its Fiscal Year 2012 Annual Report on Sexual Assault in the Military. While the media, the Pentagon, and numerous members of Congress focused their attention solely on the number of sexual assault cases reported, one stunning figure remained noticeably absent from the conversation. The number of false sexual assault reports is growing at a rate nearly nine times faster than the rate of total reports. The Pentagon refers to these false reports as “unfounded allegations” based on completed investigations of reported sexual abuse.
Likewise, Senator McCaskill would benefit from reading another well-written piece, Fostering Constructive Dialogue on Military Sexual Assault. Written by Lindsay L. Rodman, it was published in Joint Force Quarterly 69 by National Defense University Press. By simply reading the abstract of the piece (below), “Claire Bear” could learn the truth about this topic:
Unrealistically high estimates by DOD officials of sexual assaults in the military, along with hazy definitions and methodologies, have fueled the public discourse on this emotional issue, making it unnecessarily hysterical and obscuring the military’s search for solutions. While the military is expected to maintain a higher standard than society at large, the experience of colleges and universities, whose demographic is roughly the same age as the military’s, should be drawn on. Moreover, an understanding of the strengths and weaknesses of criminal law will help draw the debate about the military sexual assault problem away from blaming commanders because they are not always obtaining convictions. The educational and military communities should combine their efforts to find a more holistic solution.
Finally, Senator McCaskill should listen to a fellow attorney’s take on this matter. In a Military.com article published Aug. 13, military defense lawyer Michael Waddington estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence. Does that sound like “military justice” to you?
I’ve said it before, and I’ll say it again: “Senator McCaskill, it’s time for you to stop fighting DoD’s War on Men! Instead, you should read this and then step down from your agenda-fueled soapbox.”
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
EDITOR’S NOTE: I’ve been following the case of Army Ranger 1st Lt. Michael Behenna since 2009. In addition, I wrote a book, Three Days In August, about Army Sgt. 1st Class Kelly A. Stewart, another wrongfully-convicted man he befriended while both served time behind the walls of the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan. Today, I share an email from someone very familiar with his case:
To the thousands of Michael supporters,
My name is David Wahl. I am the father of Michael Behenna’s girlfriend Shannon Wahl and run the DefendMichael.com website. I have known Michael for several years going back to when Michael and Shannon first started dating. I attended Michael’s officer school graduation at Fort Benning, his Ranger school graduation, and his deployment to Iraq from Fort Campbell. I was in the courtroom for Michael’s trial for premeditated murder at Fort Campbell, including the moment when a jury of seven non-combat officers convicted him of unpremeditated murder. I witnessed the stunned look of betrayal on Michael’s face. I was in that same courtroom again three weeks later when the trial judge denied a request for a mistrial on a Brady Law violation (the government had withheld evidence.) And I was in the small room at the back of that courtroom with Michael and his family for his last thirty minutes of freedom before he was taken away.
Clockwise from upper left: Michael’s family; Michael; Michael as a youngster; and Michael and his girlfriend, Shannon.
These past four years that Michael has sat in a small prison cell at Fort Leavenworth have been a tortuous journey for those closest to him – but as you can imagine, most of all for his parents Vicki and Scott. They have endured the emotional pain of seeing their son treated as a criminal at the hands of a broken and blind military justice system, of five hour drives to ‘celebrate’ birthdays and holidays in a noisy visitation center, of the heartbreak of one court ruling after another go against Michael, of bizarre prison rules that change from visit to visit and which make civilian prisons look like Club Med.
But beyond the emotional toll that the Behenna’s have carried is the financial burden of taking on the United States government that has unlimited resources at their disposal (our tax dollars hard at work.) Starting with the original trial to the Court of Appeals of the Armed Forces [sic] appeal which we lost by a narrow 3-2 vote the Behenna’s have spent well over $400,000 in their fight for their son’s freedom. I know that so many of you have already graciously stepped forward and lightened this financial burden, but unfortunately a significant shortfall remains. And if the Supreme Court decides to hear Michael’s case that shortfall will grow by at least another $100,000.
The Behenna’s are a proud family and asking for financial support is not something they are comfortable doing, especially given how many people are in need today, including so many fellow Oklahomans devastated by the recent tornadoes. So I humbly ask each of you who believe in Michael’s cause, to consider giving a few dollars to his legal fund, which can be found on his web site at DefendMichael.com. If each one of the thousands of supporters of Michael gave $20 then the Behenna’s would be able to cover most of the current deficit. Donations can be made through PayPal on Michael’s web site, or if you prefer you can mail a check directly to his Michael’s defense fund at:
Michael Behenna Legal Defense Fund c/o Jack Dawson, co-trustee 100 Park Avenue, Second Floor Oklahoma City, Oklahoma 73102-8099
Please know that your support for Michael, whether in the form of a donation, a card, or a letter, is appreciated more than words can say. For Michael and his parents this difficult journey has only been possible because of the outpouring of support from all of you. It has sustained them in their darkest hours, of which there have been many. Finally, please keep Michael in your thoughts and prayers as we await the ultimate decision by the highest court in the land on whether they will hear Michael’s case.
I remain, now and forever, a proud supporter of a young man who some day I hope will be my son-in-law.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
EDITOR’S NOTE: I’ve been following the case of Army Ranger 1st Lt. Michael Behenna since 2009. I even wrote a book, Three Days In August, about Army Sgt. 1st Class Kelly A. Stewart, another wrongfully-convicted man the lieutenant befriended while both served time behind the walls of the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan. Today, I share an email update (unedited below) from Lieutenant Behenna’s parents, Scott and Vicki Behenna:
To all the thousands of Michael supporters,
Michael’s case, including the Petition, the Government Response, and the Reply to the Government Response, is now complete and before the Supreme Court. The Supremes have set Michael’s case to be initially discussed at their conference on May 30th which is ironically during the 50th Anniversary of Brady vs Maryland (the Supreme Court case demanding that prosecutors disclose all beneficial information to the criminally accused). During the conference, four out of the nine Supreme Court Justices must vote to hear the case in order to grant certiorari. If certiorari is granted in Michael’s case it would be the first time the Supremes would have granted a service member’s appeal from the Court of Appeals for the Armed Forces (CAAF). Needless to say, anxiousness will abound for the next few weeks and prayers are certainly welcome. We should have the Court’s decision sometime during the first week of June. If the Court grants certiorari, Michael’s case would proceed through a briefing process, oral arguments, and a decision by the Supreme Court hopefully before the end of the year.
We can’t thank you enough for all the encouraging cards and letters that you sent to Michael for his birthday. As Michael told us this past weekend it is these cards and letters that help him navigate the sometimes helpless and hopeless thoughts that have haunted him these past four years behind prison walls. He reads every card and letter sent to him, but given his prison schedule of work, exercise time, meals and early lights out he unfortunately does not have time to send out very many thank you notes. For this he sends his apologies and hopes a day will come soon when he can thank all of you in person.
If you did not see the Mother’s Day tribute to Vicki last Sunday in the Oklahoman, hopefully the attached video and article will describe the huge appreciation we have for all your support and what your individual words of encouragement have meant to Michael and our whole family.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
EDITOR’S NOTE: Early this afternoon, I received an unsolicited message from a retired Air Force officer. With her permission, I share it (below) with only minor modifications, mostly related to formatting:
Lt. Gen. Craig A. Franklin, USAF
Bob,
First, let me thank you for taking on the issues you do. I have read many articles regarding the “sexual assault/exploitation” of women in the military (AF lately), and shake my head in disbelief.
I was a Commissioned Officer (Ret O-5) for 23 years in the Air Force. While flirting certainly did go on, never once did I ever feel threatened [sic], in any way. I have known (military and civilian) women who were far from saintly and would do things out of vindictiveness to destroy a spurned lover’s career, including lying.
In the military, I spent time overseas, as well as living in field conditions during the Iraq War (I am a nurse) where there were about 100 women and 3000 men in our camp. I always felt our senior leaders were very protective of us. I am not implying that sexual assault does not go on. It does and it needs to be dealt with no different than the civilian system. I do not however, believe it is the rampant issue that the media would lead one to believe.
It seems that to be a male in the military implies instant guilt when a female makes an accusation of sexual-anything. I find this very disturbing. It is akin to the old “witch hunts.” The accused men deserve the same defense as those tried in a civilian court, and I’m not convinced that is happening.
U.S. Sen. Claire McCaskill (D-Mo.)
When I read the reports re: General Craig Franklin, I immediately knew that if General Franklin felt like the accused was innocent, he did what he needed to do, irregardless of what is politically correct (Sen. Claire McCaskill). My husband and I have been acquaintances with General Franklin professionally for many years. You will not meet a man with a deeper sense of loyalty and integrity than him.
It disgusts me that people such as Senator McCaskill are making an issue of a decision he was entitled to make and did so according to his knowledge and his integrity. I applaud him for do the “right” thing, not the current “politically correct” one.
Thank you for taking a stand on behalf of those who may otherwise have no support.
Charlotte J. Fulton
Read more about the kinds of cases to which she’s referring in my series, DoD’s War on Men.
FYI: In case you don’t think I have a heart, let me share a story. When I was a young second lieutenant on my first assignment in the Air Force, I had to handle a sexual assault case. A senior enlisted member of my staff had attempted to sexually assault a junior enlisted member of my staff inside her on-base quarters. After an investigation, he was able to avoid court-martial proceedings by accepting a demotion, a sizable reduction in retirement pay and an immediate and sizable financial penalty. The accuser was satisfied with the outcome, and justice was served.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
U.S. Sen. Claire McCaskill (D-Mo.) continued playing her legislative role in support of DoD’s War on Men, the no-holds-barred effort seemingly aimed at convicting any male serviceman accused of sexual assault and making an already-flawed military justice system worse.
U.S. Sen. Claire McCaskill (D-Mo.)
During the lunch hour today in the nation’s capitol, according to this media advisory, she was scheduled to be flanked by “more than 100 survivors of sexual assault pushing for changes in the military justice system” as she delivered the keynote address during the Service Women’s Action Network’s Summit on Military Sexual Violence at the Hyatt Regency Washington.
Don’t get me wrong. It’s not that I don’t believe some of the so-called “survivors” suffered some sort of sexual assault; instead, I tend to place more trust in what I learn by reading actual investigation reports, Records of Trial and transcripts from hearings held before and after courts-martial took place. Why? Because I don’t trust politicians who use people as props, and I don’t trust lawyers. Senator McCaskill matches both descriptions!
Stewart, whose life story is chronicled in my first nonfiction book, Three Days In August, faces living the rest of his life as a convicted sex offender — unless a presidential pardon comes his way — because the convening authority in his case, Brig. Gen. Steven L. Salazar, opted against ordering a new trial or overturning his conviction. His decision came despite the testimony of three individuals — people who did not know Stewart but knew his accuser — during a post-trial hearing. They said the accuser had lied multiple times during Stewart’s trial!
Since publishing the book in October 2011, I’ve been contacted by dozens of people connected by birth, marriage or friendship to men serving in the U.S. Armed Forces, men facing or already convicted of crimes under the banner of sexual assault.
The most recent case involves Air Force Lt. Col. James H. Wilkerson III, a fighter pilot who was on the fast track toward general officer status until Kimberly Hanks accused him of aggravated sexual assault. NBC News aired a version of the case (see video below) that included an interview arranged by the group, Protect Our Defenders.
Air Force Lt. Gen. Craig A. Franklin, commander of Third Air Force and the convening authority in Colonel Wilkerson’s case, reviewed the case in full before tossing out the conviction after the colonel had served several months behind bars. After his decision made news and Senator McCaskill surfaced as one of three senators wanting General Franklin fired, the general went so far as to voluntarily write a six-page letter (pdf) letter to Secretary of the Air Force Michael B. Donley and put case documents online for all to read.
A friend of Colonel Wilkerson contacted me recently and advised me to look at “Defense Exhibits Q,” a short video showing the room in which the alleged assault took place and the path leading to the upstairs quarters where the colonel and his wife, Beth, said they were sleeping.
“Pay attention that the overhead lights are the only lights in that room,” the friend wrote, including a photo of the room (above). “Then read her testimony. Completely exclude (Colonel Wilkerson) and look at what she said occurred, and it’s simply not possible.”
Included, but certainly not alone among the documents and videos, is one of special interest to me as the author of another soon-to-be-published nonfiction book, THE CLAPPER MEMO, because it relates to the polygraph.
While court records show Colonel Wilkerson volunteered to submit himself to a polygraph exam, he did so under the mistaken belief that it would help him clear his name. Like most Americans, he was unaware of how unreliable polygraph exams can be. Fortunately for the colonel, General Franklin is familiar with the polygraph and cited its “inherent unreliability” in his letter to Secretary Donley. And he’s not alone!
“Bob McCarty has uncovered a high-tech ‘turf war’ pitting those who want the best for our troops against others who seem to be focused on their own self-interests,” said Maj. Gen. Paul E. Vallely, a retired Army officer most Americans recognize asthe senior military analyst who appeared so many times onFox News Channel from 2000 to 2007. Referring to those of the polygraph-only mindset, the man who now headsStand Up America added, “Sadly, it seems the wrong people are winning this war. I highly recommend THE CLAPPER MEMO.”
Capt. Larry Bailey, U.S. Navy SEAL Ret.
“Any American with a sense of fair play and a desire to see that our intelligence and vetting personnel have the best information possible should read THE CLAPPER MEMO,“ saidCapt. Larry W. Bailey, a retired U.S. Navy SEAL who once served as commander of the Basic Underwater Demolition/SEALs (a.k.a., “BUD/S”) training program and now serves as a founding member ofSpecial Operations Speaks. Later, he described what I reveal in the book as“an unconscionable cover-up.”
This is not the first and will not be the last article in my series, DoD’s War on Men, so stay tuned!
EDITOR’S NOTE: In case you don’t think I have a heart, let me share a story. When I was a young second lieutenant on my first assignment in the Air Force, I had to handle a sexual assault case. A senior enlisted member of my staff had attempted to sexually assault a junior enlisted member of my staff inside her on-base quarters. After an investigation, he was able to avoid court-martial proceedings by accepting a demotion, a sizable reduction in retirement pay and an immediate and sizable financial penalty. The accuser was satisfied with the outcome, and justice was served.
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
The military justice system is bad enough without people like Sen. Claire McCaskill (D-Mo.) trying to make it worse.
Click to read other articles in series, DoD’s War on Men.
On Wednesday, the liberal senior senator from the Show-Me State used a news release to share her feelings about a letter in which Air Force Lt. Gen. Craig A. Franklin explained to Secretary of the Air Force Michael B. Donley his decision to overturn the guilty verdict issued by members of a court-martial panel in a sexual assault case at Aviano Air Base, Italy. Interestingly, the liberal senator did not include a copy of the letter in her release. Why? Because it doesn’t support the position she’s espoused during the past five weeks as a combatant in DoD’s War on Men.
Lt. Col. James H. Wilkerson III
Before I delve into the content of the March 12 letter written by General Franklin, commander of Third Air Force and the convening authority in the case of Lt. Col. James H. Wilkerson III, a review of the battles in this war is in order.
In a post March 7, I shared the full text of the scathing letter in which Senator McCaskill strongly urged Secretary Donley and Gen. Mark A. Welsh III, Chief of Staff of the Air Force to consider removing General Franklin for cause.
A few days later, Senator McCaskill announced she was proposing legislation to curtail the authority of military commanders to override court-martial convictions involving sexual assault charges and publicized the fact that she had met with Air Force Chief of Staff Gen. Mark Welsh“to discuss her ongoing efforts to address sexual assaults in the military.” In addition, however, she used another news release to smear the now-innocent Colonel Wilkerson.
Sen. Claire McCaskill (D-Mo.)
“Rape is the crime of a coward—and rapists in the ranks are masquerading as real members of our military,” she explained, adding,“The focus of our efforts should be on effective prosecution. There’s no reason a General who’s never heard the testimony of factual witnesses should be able to wipe out a verdict with the stroke of a pen.”
Those words prompted me to demand Senator McCaskill apologize to Colonel Wilkerson for inferring that he was a rapist. In addition to the fact that Colonel Wilkerson had been declared innocent, he had never been accused of rape in the first place!
On April 8, Senator McCaskill announced new Secretary of Defense Chuck Hagel had bought into her plan to take away commanders’ authority when it comes to courts-martial cases like the one involving Colonel Wilkerson.
Now, back to the Wednesday news release in which Senator McCaskill referred to the letter written by General Franklin to Secretary Donley.
“This explanation crystalizes exactly why the convening authority should not have the unilateral ability to overturn a jury verdict-and why we need legislation that restricts their ability to do so,” the liberal member of the Senate Armed Services Committee wrote. “This letter is filled with selective reasoning and assumptions from someone with no legal training, and it’s appalling that the reasoning spelled out in the letter served as the basis to overturn a jury verdict in this case.”
Was Senator McCaskill right in her analysis of General Franklin’s six-page letter (pdf) to Secretary Donley? You be the judge! Click here or on the graphic below to read it.
UPDATE 4/12/2013 at 1:29 p.m. Central: When I published this piece yesterday, I failed to note how this subject matter has a connection to my soon-to-be-published book, THE CLAPPER MEMO, and makes me think General Franklin might want to read the book. In his letter to SAF Donley, the general noted the following:
“Lt Col Wilkerson voluntarily agreed to take an (Air Force Office of Special Investigations) polygraph examination. I am fully aware of and considered the polygraph results. As you are aware in a criminal investigation, a polygraph is only an investigative tool to assist in the potential focus of the investigation and/or to attempt to elicit admissions of guilt. It is not a “lie detector test,” nor is it “pass” or “fail.” Because of the inherent unreliability of polygraphs, they are entirely inadmissible in a court-martial. Ultimately, Lt Col Wilkerson has consistently maintained his complete innocence — throughout two lengthy OSI interviews, through the entire court-martial, and throughout his nearly four months in prison (following the court-martial and during the post-trial process).”
Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.
In his Wall Street Journal opinion piece Monday, James Taranto highlighted the case of Lt. Gen. Susan Helms, beginning with this summary:
On Friday, Stars and Stripes published news about a Navy judge, Cmdr. Marcus Fulton, ruling that comments made by President Barack Obama as Commander-in-Chief would unduly influence any potential sentencing during pretrial hearings that in two sexual assault cases — U.S. vs. Johnson and U.S. vs. Fuentes. As a result of the ruling, neither of the accused individuals can be punitively discharged from the military — even if found guilty.
