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Obama endorses military commissions for Guantánamo detainees

Obama signed the Military Commissions Act of 2009 Wednesday. Critics say it is an improvement over past efforts but still offers only second-class justice to Guantánamo detainees.

By Warren Richey | Staff writer of The Christian Science Monitor – Posted at csm.com

from the October 28, 2009 edition
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In signing the National Defense Authorization Act on Wednesday, President Obama has personally endorsed yet another attempt by the US government to conduct military-commission trials of terror suspects currently held at the Guantánamo detention camp.

Similar efforts have stalled with legal challenges and Supreme Court decisions. But supporters say that the Military Commissions Act of 2009 balances the demands of fairness and due process against a real-world need for flexibility when seeking to prosecute accused Al Qaeda leaders and supporters.

Critics say that the 2009 act is an improvement over prior versions of military-commission regimes passed during the Bush administration. But they say it is still substandard, offering a second-class system of justice designed to obtain quick convictions.

“While the new law addresses some of the defects of the military commissions, it fails to bring the tribunals in line with the Constitution and the Geneva Conventions,” said Jameel Jaffer, director of the American Civil Liberties Union’s National Security Project.

“The Obama administration has committed to closing the prison at Guantánamo, but closing the prison will have little meaning if the administration leaves in place the policies that the prison has come to represent,” he said.

With the signing of the legislation at the White House, defense officials now have 90 days to update rules and procedures for the commissions. At least a dozen suspected Al Qaeda members and leaders – including self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed – are already slated for commission trials. The Obama administration is expected to soon announce which other detainees will also face military justice through the revised commission system.—————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Court Martial News – Dead soldier’s mother may seek judicial review
Oct 29 2009 WalesOnline

The mother of a soldier who died after an unofficial Army punishment or “beasting” is considering legal action following a decision not to court martial anyone involved.

Private Gavin Williams, 22, of the Second Battalion the Royal Welsh Regiment, collapsed and died of heatstroke at Lucknow Barracks in Tidworth, Wiltshire, on one of the hottest days of 2006.

During a trial at Winchester Crown Court the prosecution alleged Pte Williams, from Hengoed, south Wales, had been put through an intense session of physical exercise to punish him for disobedience and a series of drunken high jinks.

Provost Sergeant Russell Price, 46, of 2 Rifles, physical training instructor Sergeant Paul Blake, 37, and Corporal John Edwards, 33, both from the 2nd Battalion Royal Welsh Regiment, were all cleared of his manslaughter.

But following their acquittal in July last year the judge, Mr Justice Royce, launched a stinging attack on the Army for allowing soldiers to undergo the unofficial punishments.

The judge also criticised the fact that three non-commissioned officers (NCOs) were placed in the dock while their commander, the adjutant Captain Mark Davis, who ordered that Pte Williams be brought to him “hot and sweaty”, was in the process of being promoted.

Following the trial, the Special Investigation Branch (SIB) of the Royal Military Police conducted a full investigation to examine whether there were any breaches of military law by anyone other than the three who were cleared.

The SIB then referred its findings to the independent Service Prosecuting Authority (SPA).—————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Bob Ainsworth under pressure after ‘deserter’ is allowed to lead anti-war rally

Bob Ainsworth, the Defence Secretary, is under pressure to explain why he allowed a soldier who faces a court martial on charges of desertion to lead a demonstration against the war in Afghanistan.

By Andrew Porter, Political Editor
Published at http://www.telegraph.co.uk on 28 Oct 2009

Lance Corporal Joe Glenton spoke at the rally in London last weekend. He denounced the conflict as morally and legally wrong.

Liam Fox, the shadow defence secretary, said he was “astonished” that the Ministry of Defence had allowed the former soldier to speak. He said the episode compromised “military discipline” and did nothing to protect morale for serving soldiers.

L/Cpl Glenton, who faces a court martial after refusing to fight in Afghanistan, is still a serving solider while awaiting disciplinary proceedings. He plans to deny the charges of desertion because he claims the conflict is illegal.

Last night the Ministry of Defence sources said as far as they were aware he had not asked for permission to speak at the demonstration. Soldiers are allowed to join political parties, but not break rules about bringing the service into disrepute.

At the rally L/Cpl Glenton told the crowd of 10,000 in Hyde Park: “I expected that the need to defend this country’s interests would be legal and justifiable. It’s now apparent that the conflict is neither of these and that’s why I must make this stand.

“The occupation in Afghanistan is at best dubious in terms of legality and morality.”
Mr Fox wants to know exactly what the MoD knew of the 27-year-old’s plans to appear.

Continued at http://www.telegraph.co.uk/news/newstopics/politics/6448212/Bob-Ainsworth-under-pressure-after-deserter-is-allowed-to-lead-anti-war-rally.html

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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Protesters demand UK pullout from Afghanistan

(AFP) – 3 days ago
Posted at http://www.google.com/hostednews/afp/article/ALeqM5jx1Urc-wIMr5xi250Qyiei5fXc1Q

LONDON — Protesters marched through London on Saturday to demand a British military withdrawal from Afghanistan — among them a serving soldier facing court martial for refusing a second tour of duty there.
Police said “around 5,000″ people took part in the demonstration from Hyde Park to Trafalgar Square, while a spokesman for organisers Stop The War Coalition put the figure at 10,000.
Among those on the march was Lance Corporal Joe Glenton, 27, a member of the Royal Logistics Corps who has served in Afghanistan before, but now is facing a court martial for refusing to return.
“It is distressing to disobey orders, but when Britain follows America in continuing to wage war against one of the world’s poorest countries I feel I have no choice,” he said in a statement issued before the protest.
Britain has 9,000 troops in Afghanistan as part of an international coalition following the US-led invasion in 2001. Most are deployed in southern Helmand province, battling Taliban insurgents.
So far 222 British personnel have died in the Afghan operation.
Ten days ago Prime Minister Gordon Brown announced plans to send an extra 500 troops to Afghanistan, on condition that Kabul show a greater commitment to the effort and that NATO allies step up their contributions.
But an opinion poll released Saturday suggested falling public confidence in the mission, with 48 percent saying British troops cannot defeat the Taliban, up from 36 percent in August 2007.
Some 62 percent of respondents said they wanted troops home within a year, according to the YouGov/Channel 4 News survey of 2,042 adults on Thursday and Friday — a figure broadly unchanged from two years ago.
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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Military court junks motion to absolve 17 coup plotters

Posted at abs-cbnNEWS.com | 10/27/2009 4:04 PM

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MANILA – A military tribunal on Tuesday junked a motion to declare innocent 17 officers accused of mutiny and involvement in a February 2006 coup plot against President Arroyo.

The court did not explain or give their reasons for the ruling, saying it is contained in a lengthy position paper which will be provided to the accused and their lawyers.

The decision dismayed and saddened the families of the accused who came early and expected positive results.

According to Danzel Langkit, brother of accused Capt. Dante Langkit, it is possible that there is an unseen hand who wants the accused to remain in jail. Out of the 17 officers, three are running for various posts in the 2010 elections including Gen. Danny Lim, Col. Ariel Querubin and Langkit.

Military prosecutors earlier asked a military tribunal to be allowed to present additional evidence against 11 officers who had been cleared of mutiny charges in connection with the alleged February 2006 coup plot.

Col. Jose Feliciano Loy said that if approved by the general court martial, their motion would invalidate the October 15 ruling of the tribunal exonerating the 11 officers led by Marine Col. Januario Caringal and Army Lt. Col. Edmundo Malabanjot and Nestor Flordeliza.

The court cleared the 11 officers because they were not mentioned in the documentary evidence presented by the prosecution and in the testimonies of the prosecution witnesses. The ruling was handed down after the prosecution rested its case.

Loy, who heads the prosecution panel, said the motion was filed last Friday before the military court presided by Maj. Gen. Jogy Leo Fojas. He said the court will deliberate on the motion during today’s resumption of the hearing.

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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Court Martial Soldier to Lead U.K. March Against Afghanistan War

Published Oct 23, 2009 by ■ Chris Dade

A British female soldier keeps watch while on foot patrol in a poppy field in Afghanistan
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A Lance Corporal in the British army who faces a court martial for refusing to return to Afghanistan will lead a march in Central London on Saturday that will call for the U.K. to withdraw its forces from the conflict in the South Central Asian country.
When Lance Corporal Joe Glenton takes his place at the head of the march which the Independent reports will make its way from Hyde Park to Trafalgar Square it will, as Lindsey German from the Stop the War Coalition confirms, be the first time a serving British soldier has openly attended a national anti-war protest.
Another member of the Stop the War Coalition, Andrew Burgin, advised the BBC that Lance Corporal Glenton, who went absent without leave in 2007, has been told by his commanding officer that he should not attend nor speak at the protest. But Lance Corporal Glenton will be ignoring those orders.
Many of those marching in London on Saturday will be from military families, or be ex-soldiers themselves.
Paul McGurk is one former soldier who will be marching on Saturday, In the News confirming that Mr McGurk actually resigned from the army specifically because he believes the war in Afghanistan cannot be justified.
Yet another marcher will be Joan Humphries. Her grandson Kevin Elliott, 24 and a member of the Black Watch, was killed on August 31 whilst patrolling on foot in Helmand, a province in the south of Afghanistan.
Ms Humphries has explained that she has been a supporter of the Campaign for Nuclear Disarmament all her life and first became involved in the Stop the War coalition in March 2003 after attending a million-strong protest against the Iraq War, held in London. She said of her late grandson:
Kevin knew my feelings, but there were no jobs, education was poor and the politicians were dishonest and there was simply nothing else he felt he could do but join the army
The man who declined to shake the hand of Tony Blair, telling the former Prime Minister of the U.K. that the hand he refused has his son’s blood on it, will be marching too. Peter Brierley, who encountered Mr Blair at a memorial service in St Paul’s Cathedral for soldiers who died in Iraq, lost his son Lance Corporal Shaun Brierley to a conflict that is arguably even more unpopular than the one in Afghanistan.
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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Airman discharged after court-martial

By Janene Scully/Associate Editor janscully@santamariatimes.com

Posted: Saturday, October 24, 2009

An airman accused of assaulting his wife received six months confinement and a bad conduct discharge following a court-martial at Vandenberg Air Force Base, military officials revealed Thursday.
Airman 1st Class Adrian Torres was found guilty of one specification of aggravated assault and three specifications of “assault consummated by a battery,” according to Capt. Michael Schwartz, 30th Space Wing Judge Advocate.
Assault consummated by battery is the civilian equivalent of battery, officials said.
He also was found not guilty of one count of battery. Torres pleaded not guilty to all five specifications of assault in violation of Article 128 of the Uniform Code of Military Justice.
In addition to the confinement and bad conduct discharge sentence, the 30th Security Forces Squadron member’s rank was reduced to airman, officials said.
The court-martial began in late July before taking a break and finished up last month. The sentence was issued Sept. 23.
Investigators determined that the spousal abuse spanned approximately 13 months, and was first discovered May 13, 2008 when the victim went to the hospital following an incident that led to the aggravated assault charge. They lived in base housing.
Subsequent investigation by the 30th Space Wing Judge Advocate allegedly uncovered the four battery incidents, a lesser violation of Article 128 than aggravated assault.
The victim had swelling and bruising, and vomited blood from being choked, Air Force officials said.
Capt. Wes McConnell, a senior trial counsel stationed at Peterson AFB, Colo., and Capt. Michael Schwartz of the 30th SW Judge Advocate office prosecuted the case. Maj. John Harwood, senior defense counsel, and Capt. Lance Smith, area defense counsel, both of whom are based at Nellis AFB, Nev., defended Torres.—————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Alleged soldier killer would face Fort Lewis court martial

Associated Press

Posted at http://www.heraldnet.com/article/20091021/NEWS02/710219771

FORT LEWIS — The U.S. soldier accused of killing five fellow troops at a counseling center in Iraq would face court martial at Fort Lewis, the military said Tuesday.

Maj. Mike Garcia said Sgt. John M. Russell was a member of a unit attached to the 555th “Triple Nickel” Engineer Brigade, and the headquarters returned in September to the Army base.

The 44-year-old radio communications specialist is charged with premeditated murder and aggravated assault for the shooting in May at the Camp Liberty Combat Stress Control Clinic. He was on his third deployment, with less than two months to go.

Russell is confined at the Butner Federal Medical Center in Butner, N.C., and he’ll be assessed to determine if he mentally capable of assisting in his own defense.

He was assessed by a panel of doctors, found to be incapable of assisting in his own defense and is being treated so he can eventually participate in a court martial, Garcia said.

Russell had been unraveling for nearly two weeks but the U.S. military lacked clear procedures to monitor him or deal with the deadly shooting spree once it began to unfold, said a military report obained Tuesday.

The report describes a man whose problems were known and who received some counseling, yet at critical times did not appear to get the help he needed.

Russell was on his fourth visit to a mental health clinic in Iraq when the appointment was cut short because he became “verbally noncompliant,” the report stated.

Clinic personnel then called the military police, who declined to arrest him and ordered him returned to his unit.

Less than an hour later, the report said, he managed to grab a loaded M-16 rifle from a fellow soldier and steal a white Ford Explorer SUV before going back to the counseling facility.—————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

1975 ‘Army mutiny’ should be tried by court martial

Thu, Oct 22nd, 2009 8:08 pm BdST
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Dhaka, Oct 22 (bdnews24.com)—A military coup was orchestrated on Aug 15, 1975, defence counsel for one of the death convicts in the Bangabandhu murder case said on Thursday during the appeals hearings.

Khan Saifur Rahman, lawyer for death convict Syed Faruk Rahman, said the trial of the mutiny should be held under court martial and the trial and verdicts in the case held under civil law should be nullified.

He said, “The killing was part of a mutiny and cannot be viewed from any other perspective.”

The five-judge Appellate Division bench headed by Justice Mohammed Tafazzal Islam had resumed hearings on arguments for a sixth day Thursday morning, ending for the day at 1:30pm.

On the 14th day of the appeals proceedings, advocate Khan Saifur Rahman said Gen Ziaur Rahman’s killing was a part of military coup and its trial was held under court martial.

“The trial of August 15 cannot be held under ordinary law and the trial verdict given under existing law must be nullified,” Rahman said in his argument.

Citing an example, Saifur said if killing takes place during a robbery, the offence of robbery and killing are held simultaneously.

“Aug 15 was a part of a coup and the killing and coup must be tried simultaneously by court martial,” he argued

Opposing him, state counsel Toufiq Newaj said the trial of Gen Zia’s killing was held under a state of emergency.

“All the fundamental rights were frozen during the period,” Newaj said. —————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Get it right, you bastards: the fight to clear Breaker Morant’s name

Written by STEVE MEACHAM

The entire article is posted at: http://www.smh.com.au/national/get-it-right-you-bastards-the-fight-to-clear-breaker-morants-name-20091018-h2ym.html
October 19, 2009

A photograph from the Boer War showing Lieutenant Handcock, left, and Lieutenant Morant, second from left.
IT IS more than a century since Harry ”Breaker” Morant told the Boer War firing squad about to execute him: ”Shoot straight, you bastards.”

But today, a petition will be presented to Parliament calling on the Attorney-General to order an official legal review.

Commander James Unkles, a serving Australian Royal Naval Reserve lawyer who is an expert in courts martial, has also sent a second petition to the Queen formally laying out grounds for a royal pardon for both Morant and the man executed alongside him, Peter Handcock.

After a comprehensive review of the military law under which they were sentenced to death, Commander Unkles has concluded both Australians were victims of a gross miscarriage of justice orchestrated by their superior officers – particularly the British war hero Lord Kitchener.

Commander Unkles’s interest in the celebrated case – the subject of Bruce Beresford’s 1980 film starring Edward Woodward as Morant – began when he decided to investigate (for academic interest and in his spare time) the role of their defending officer, Major James Francis Thomas, played by Jack Thompson in the film.

Had Thomas, a former Tenterfield solicitor clearly out of his depth, made critical mistakes?

”There has been a lot written about Morant, and a lot written about Lord Kitchener and his methods of dealing with the Boers,” says Commander Unkles. ”But not much about the defending officer.”

In 1902, Morant was already well known in Australia as a expert horseman and bush poet. He, Handcock and a third officer, George Witton, were convicted of killing eight Boer guerillas and a Boer prisoner called Visser. Morant and Handcock were acquitted of murdering a missionary of German descent, and Witton’s death sentence was commuted by Kitchener to life imprisonment. But the trio believed they had been acting on Kitchener’s orders – to shoot any Boer prisoners.

Commander Unkles has now written a 6000-word article explaining why he believes Morant and Handcock should be posthumously pardoned.

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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.