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PC and UCMJ

Posted by Jolly on April 29, 2013

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I’m sure most of you are aware of the War being waged on the Military Justice System by our PC political managers in Washington and the extremely impartial PC media.  The Uniform Code of Military Justice (UCMJ) is not PC or perfect and even makes mistakes from time to time, this is why we pay commanders the big bucks to step in and get it right.  A commander can’t overturn an innocent verdict, but they do have the power to throw out a guilty verdict when there is a lack of evidence or apparent bias by the court.  We hire our commanders not so they can be popular and PC, but so they can get it right. 

Read the letter General Franklin wrote defending his position to throw out the verdict in a sexual assault trial in Europe, and I trust you will come to same conclusion I did.  He got it right.  I will also include another article on a female General Officer (Lt General Helms) under fire for doing exactly what General Franklin did.  Thank God we have leaders like Lt Gen Frankin and Helms who are willing to fall on their sword to do the right thing.    If our political managers and PC media get their way our commanders will be removed from the process.  Most of us have seen how the Military Justice System can sometimes make the wrong call.  Billy Mitchell is probably the best example of how they get it wrong. Unfortunately for Billy Mitchell, Lt General Franklin wasn't around yet to throw that one out.


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This undated photo released by the U.S. Air Force, shows Lt. Gen. Susan Helms. Sen. Claire McCaskill, D-Mo. has put a hold on the nomination Helms, who is tapped to serve as vice commander of the U.S. Space Command. McCaskill said in a statement Thursday she wants more information about Helms' decision last year to overturn a jury conviction in a sexual assault case. (AP/US Air Force)

Sen. Claire McCaskill is holding up the nomination of Air Force Lt. Gen. Susan Helms, tapped to serve as vice commander of the U.S. Space Command, until the Missouri Democrat gets more information about Helms' decision to overturn a jury conviction in a sexual assault case.

"As the senator works to change the military justice system to better protect survivors of sexual assault and hold perpetrators accountable, she wants to ensure that cases in which commanders overturned jury verdicts against the advice of legal counsel are given the appropriate scrutiny," Drew Pusateri, a spokesman for the senator, said Thursday.

In February 2012, Helms rejected the recommendation of legal counsel and overturned the conviction of an Air Force captain who had been found guilty of aggravated sexual assault of a female lieutenant.

McCaskill's hold prevents the Senate from approving Helms' nomination.

The Helms' situation echoes another Air Force case that has outraged members of Congress.

Lt. Gen. Craig Franklin, commander of the 3rd Air Force at Ramstein Air Base in Germany, overturned the conviction against Lt. Col. James Wilkerson, a former inspector general at Aviano Air Base in Italy. Wilkerson had been found guilty last Nov. 2 of charges of abusive sexual contact, aggravated sexual assault and three instances of conduct unbecoming of an officer and a gentleman. The incident had involved a civilian employee.

Wilkerson was sentenced to a year in prison and dismissal from the service, but after a review of the case Franklin overturned the conviction.

Lawmakers demanded a fresh look at the military justice system. Earlier this month, Defense Secretary Chuck Hagel recommended that military commanders be largely stripped of their ability to reverse criminal convictions of service members.

McCaskill, a member of the Senate Armed Services Committee, has introduced legislation that would limit the authority of military commanders to overturn convictions.


Read more: http://www.foxnews.com/politics/2013/04/25/senator-puts-hold-on-air-force-officer-promotion/#ixzz2RZr1iMfr

Comments:

Posted by VD on
Here is what is sad about this whole story. Everyone's career is done, over, finished. Lt Gen is never going to get his fourth star (if he was up for it) because Congress will always bring this case up much like those tainted by Tailhook. The LtCol is finished because he has spent four months in prison, which means his current position has been filled where does he go? He is infamous and will basically be a "booger" in that no commander will want him in his command innocent or otherwise.

I hate to say it but in this type of case (sexual harassment/rape) you are always guilty and I doubt anyone can ever recover from such an ordeal.

The media/advocate groups see all claims as true (a fallour from the debacle at Lackland) all defendents as guilty and thier collective wrath has no end.

Sad sad sad day.

VD
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