Thursday, June 06, 2013

Can't pin it on Bush

BULLY BOY PRESS &   CEDRIC'S BIG MIX -- THE KOOL-AID TABLE


SENATOR BERNIE SANDERS NOTES:


The National Security Agency is currently collecting the telephone records of millions of U.S. customers of Verizon, one of America's largest telecoms providers, under a top secret court order issued in April. The order, a copy of which has been obtained by the Guardian, requires Verizon on an "ongoing, daily basis" to give the NSA information on all telephone calls in its systems, both within the United States and between the U.S. and other countries. The document shows for the first time that under the Obama administration the communication records of millions of U.S. citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.


BULLY BOY BUSH DIDN'T PULL A NOURI DID HE?  IN 2010, IRAQ HELD PARLIAMENTARY ELECTIONS AND NOURI'S PARTY CAME IN SECOND MEANING NO SECOND TERM AS PRIME MINISTER FOR NOURI AL-MALIKI.  HOWEVER, NOURI REFUSED TO STEP DOWN AND GRABBED ANOTHER TERM ILLEGALLY.

DID BULLY BOY BUSH DO THE SAME THING?

THESE REPORTERS CONTACTED WHITE HOUSE PLUS-SIZE SPOKESMODEL JAY CARNEY WHO INSISTED THAT THE WHITE HOUSE WAS "DELOUSED AND WE EVEN SPRAYED FOR BED BUGS" IN JANUARY 2009 WHEN BULLY BOY BUSH LEFT.  "I SAW HIM LEAVE," CARNEY REVEALED.  "I WAS WRESTLING WITH BARNEY [BUSH'S DOG] ON THE WHITE HOUSE LAWN UP TO THE MINUTE OF DEPARTURE, AND I GOT A FEW GOOD LICKS IN, I MUST SAY."

SO HOW DOES HE EXPLAIN THAT THE GOVERNMENT HAS BEEN SECRETLY SPYING ON AMERICANS?

"UH . . ." A NERVOUS CARNEY STAMMERED, "SAFETY ISSUES!  PUBLIC SAFETY!  UH, IT'S OUR NEW CAMPAIGN, 'WE CARE, WE CARE A LOT.'  HONEST."

FROM THE TCI WIRE:




Nancy Parrish:  Protect Our Defenders is a human rights organization that works with victims of military sexual assault, providing support services and advocating for military ju stice reform. Our experience working directly with sexual assault survivors , active duty and veteran, as well as our work educating the public and policy makers on this issue have left us critically aware of the shortfalls within the current system and the need to implement fundamental reforms. The argument currently circulating that sexual assault reform is an old problem, predominantly solved through recent changes in the law, is simply not correct. It is well understood that the numbers are going up not down. We regularly receive desperate pleas from current victims of sexual assault, who are having their attempts to report thwarted, mishandled, or swept under the rug. Increasingly we intervene, hiring lawyers, to block retaliation and reverse errant medical diagnoses. We frequently hear from highly rated service members, who soon after they report, suffer persecution, are isolated in psych wards with wrongful diagnoses, or become targets of investigations. Soon after, they are frequently being forced out of the service. One soldier explained, quote: "I got raped by this bastard.  When I tried to talk to my squad leader I got shut down and reminded that he [the rapist] was a Senior NCO.  I waited and spoke with my platoon SFC, Sgt. First Class, and Lt., [ And, they told my perpetrator.]  Then, I got told if I say another word to anyone, I was going to be charged with adultery. I was sent back to the states. I told my squad leader and the next thing I get told they are chaptering me on an adjustment disorder. I am one of the 'Unreported statistics' but not without trying.  He is free and able to do it again as long as he wears the Uniform.  The Uniform represents a Protective Shield if you're a rapist with rank." A mother reported to us, quote: "Our daughter's career and life nearly ended on base 4/7/12, days before her tech training was to begin. That day other service member(s) her cigarettes laced with embalming fluid and raped her.  She was locked up, prescribed medications, denied repeated requests for expedited transfer.   Only weeks later, Command initiated an Article 15 letter of reprimand and proceeded to discharge her with an errant medical diagnosis. This was later overturned with outside legal assistance. She endured months of anguish, hospitalizations, humiliation, punishment --  having to clean and work in the area where she was assaulted a second time raped, sodomized, threatened reporting further , and forced to live in close proximity to her perpetrators.  A letter is attached the to Committee from the mother.  Last year, an officer of 18 years , still on active duty , said: I was deployed overseas. The first advice you get when you get there: Always carry a knife. Even in the daylight, almost every woman carried a knife. Not for battle against the Taliban, but to cut the person who tries to rape her. I was drugged and raped.  If you report people are going to ostracize you.   If you report rape you are done. Check their crime records here, and [see] how many IG complaints were pushed under the rug.  Why? Because, the IG office is also a deployment position. They don't want to deal with big issues, because it takes too long to investigate." USAF Lt  Adam Cohen is on active duty. He deployed three times for Operation Enduring Freedom, flying over 40 combat missions in Afghanistan. Lt Cohen is an example of a failed system, a system that permits the weakest within it to suffer manipulation and castigation for having the temerity to come forth with an allegation of sexual assault. According to Lt Cohen, for years he suffered blackmail, at the hands of his assailant and his assailant's friends , designed to keep him from coming forward with his allegation. When he finally came forward, he was initially ignored by Air Force law enforcement. Pressing his claim further, he was punished by investigators and manipulated into providing evidence that was meant not to hold his assailant accountable, but rather to prosecute him. Through the actions of the Air Force, Lt Cohen's alleged assailant still on active duty is statutorily barred from prosecution, while Lt Cohen remains the subject of a constitutionally suspect prosecution. He has been retaliated against, attacked , and denied an expedited transfer. Upon learning the expedited transfer was denied, SVC Major Bellflower asked the commander to provide a safety plan. If we are to make any headway in curbing sexual assault in the military, we must act to protect those that come forward , by ensuring that the system does not punish them for doing so. 


Nancy Parrish was speaking at yesterday's Senate Armed Services Committee hearing on assault and rape in the ranks of the military.  We covered the first panel -- made up of the top military brass -- in yesterday's snapshot, Kat covered it in "Senator Kirsten Gillibrand didn't come to play," Wally covered it in "Senator Bill Nelson sets the tone " and Ava covered it in "Saxby Chambliss' gross stupidity."  Kat's Gillibrand was especially important because (as Kat notes) I missed her.  It was hot in the room, it was crowded and I had to step away to hurl.  Senator Gillibrand is leading the charge to remove an ability from the command that they don't want removed.  Her bill is opposed not just by Republicans on the Committee like Ranking Member James Inahofe but also by Democrat and Committee Chair Car Levin.  Wally writes about the way the first panel -- chiefly Gen Martin Dempsy (Chair of the Joint Chiefs of Staff), Gen Ray Odierno (Chief of Staff of the Army), Admiral Jonathan W. Greenert (Chief of Naval Operations), Gen James Amos (Commandant of the Marine Corps), Gen Mark Welsh (Chief of Staff of the Air Force) and Admiral Robert Papp Jr. (Commandant of the Coast Guard) -- showed deference to the male senators but were openly combative towards female senators (until Senator Bill Nelson came down hard -- he spoke slowly, firmly and loudly and seemed to get attention in doing so).  Ava points out that Senator Chambliss just doesn't get it.  The 69-year-old idiot thinks rape is the result of just being horny.  (He also thinks women hit their sexual peak in young adult hood -- as males do -- which just demonstrates how out of touch with science he is.)  At The New Yorker today, Andy Borowitz mocks Chambliss' remarks.

The hearing had three panels.  Today, we're going to note some exchanges from the third panel which was composed of Parish, retired Capt Anu Bhagwati who is executive director of Service Women's Action Network, retired Maj Gen John D. Altenburg Jr. (Chair of the American Bar Association Standing Committee on Armed Forces Law) and retired Col Lawrence J. Morris (General Counsel, Catholic University).


SWAN's is endorsing proposed bills before the Congress.  Anu Bhagwati noted that in her opening remarks and noted that all the bills they were supportive of were in her written statement submitted for the record.  We'll note that section of Bhagwati's written statement:


Mr. Chairman, several bills related to military sexual violence have been introduced in recent weeks by members of this Committee and other congressional champions for reform. Some bills address the need to improve victim services, some address the critical need for UCMJ reform, and others are focused on the impact that sexual assault and sexual harassment have on veterans. The majority of these are bipartisan and bicameral, which speaks to the collective approach required to see real change happen. I would like to highlight these bills and urge the committee to give them serious consideration as it moves forward with this year’s Defense Authorization Act: 
S. 538 which modifies the authority of commanders under Article 60.  
S. 548 the Military Sexual Assault Prevention Act which requires retention of all sexual assault reports, restricted and unrestricted for 50 years, and requires substantiated complaints of sexual-related offenses be placed in the perpetrator's personnel record. S. 871 the Combating Military Sexual Assault Act which would require the Air Force's special victims counsel program be implemented DOD-wide, prohibit sexual acts and contact between instructors and trainees, provide enhanced oversight responsibilities to the SAPRO offices and make SARCs available to all National Guard troops. 
S. 967 the Military Justice Improvement Act, a critical bill that professionalizes the military justice system by ensuring that trained, professional, impartial prosecutors control the keys to the courthouse for felony- level crimes while still allowing commanders to maintain judicial authority over crimes that are unique to the military and requiring more expeditious and localized justice to ensure good order and discipline. 
S. 992 which would require SAPR personnel billets to be nominative positions. 
S. 1032 the BE SAFE Act that would mandate dismissal or dishonorable discharge of those convicted for specific sex crimes, remove the 5 year statute of limitations on sexual assault cases and allow for consideration for accused transfer from the unit. 
S. 1041 the Military Crimes Victim Act that extends crime victims’ rights to offenses under the UCMJ. S. 1050 the Coast Guard STRONG Act that requires the Coast Guard to implement sexual assault prevention and response reforms. 
S. 1081, the Military Whistle Blowers Enhancement Act which would help protect victims from retaliation and reprisal by expanding protections under the existing Whistleblower Protection Enhancement Act for federal workers, require timely IG investigations, ensure discipline for those who retaliate and improve corrective relief for victims. 
Unless and until we professionalize the military justice system, and afford service members at least the same access to legal redress that civilian victims have, including critical access to civil suits, we will not change this culture. Military perpetrators will continue to be serial predators, taking advantage of a broken system to prey on victims, and tens of thousands of victims of rape, assault, and harassment will continue to suck up their pain, trauma, shame and humiliation, year after year, and decade after decade, with no hope for justice. 


 The bill Senator Gillibrand is sponsoring is S. 967.  Again:

S. 967 the Military Justice Improvement Act, a critical bill that professionalizes the military justice system by ensuring that trained, professional, impartial prosecutors control the keys to the courthouse for felony- level crimes while still allowing commanders to maintain judicial authority over crimes that are unique to the military and requiring more expeditious and localized justice to ensure good order and discipline.

We note it specifically above because in the excerpt below, Committee Chair Carl Levin will spend a great deal of time on Gillibrand's bill. 


Chair Carl Levin: First is the question of retaliation.  What we know, long before today's hearing -- but emphasized at today's hearing -- is that most of the women who do not report -- or most of the troops who do not report -- men or women -- do not do so because, uhm, they are afraid of retaliation.  A huge percentage are much afraid of a -- of a humiliation or embarrassment.  But it's the retaliation issue we want to put some focus on or at least I want -- I think all of us want -- to put some focus on.  The question is, uhm, whether or not -- and I think Ms. Bhagwati, you made reference to one of the bills here, Senator Gillibrand's bill which would require that serious offenses be sent to a new disposition authority, outside the chain of command for determination of whether or not the allegations should be prosecuted at a general or a special court-martial.  And my question is, would do that, how-how would doing that stop retaliation?  That's the question I guess I'll ask of you, Ms. Bhagwati.

Anu Bhagwati: The first thing it will do is restore faith and trust in the system.  Right now, victims don't have any of that.  They've lost all hope in the military justice system unfortunately. Retaliation happens in many respects.  We see on a day-to-day basis, our callers -- both service members and veterans who have recently been discharged -- have been punished with anything from personal retaliation from roommates and family members to professional retaliation by their chain of command from the lowest levels to the highest levels -- platoon sergeants all the way up the chain.  They are also retaliated in more insidious ways.  They're given false diagnoses -- mental health diagnoses like personality disorders which bar them from service, which force them to be discharged, which ban them from getting VA services, VA benefits.  So it's comprehensive retaliation.

Chair Carl Levin:  Mr. Altenburg, let me ask you a question about the investigative process. Uh, uhm, Col King said that the investigation in the Marines -- and I think this is generally true -- is handled by professional investigators.  Is that your understanding?

John D. Altenburg:  That's my understanding.  And that's a recent change -- I mean in the last three years, I think.

Chair Carl Levin: Now have you read -- have you read the bill Senator Gillibrand's bill?

John D. Altenburg:   I have.

Chair Carl Levin:  If there were a new disposition authority created, independent of the chain of command, that would make a determination of whether allegations should be prosecuted at a court-martial or not?  Would that effect the investigation processes?

John D. Altenburg:  I don't think it would necessarily. They left the investigation with the CID in the Army, the CIS in the other service and the OSI and they'd do their investigation and then it would get passed, I guess, to this court-martial command -- is what it was called fifty years ago, when people tried to do that.

Chair Carl Levin:  Now in terms of -- Who would -- Who would make the decision as you read the bill?  Who would make the determination as to whether an offense meets the threshold of a serious offense that would have to be referred to the new disposition authority?  Who would make that determination?

John D. Altenburg:  Excuse me, sir, I assume a lawyer would.  Uhm, just as now, lawyers make -- not command d --

Chair Carl Levin:  Lawyer?  Which lawyer where?

John D. Altenburg:  A prosecutor.

Chair Carl Levin: In that same independent office?  Or -- I mean that's the threshold question of whether or not there's evidence of a serious offense or not so that new independent approach would be triggered.  Who would make that, as you read the bill?

John D. Altenburg:  As I read the bill, a lawyer in the staff Judge Advocate would make that call -- as I read the bill. 

Chair Carl Levin: Alright.

John D. Altenburg:  Senator Levin, if you please, 


Chair Carl Levin:  Does anyone else have a -- Yeah, go on.  Go on.


John D. Altenburg:  I beg your indulgence in making a couple of comments -- one related to retaliation, the other regarding investigations.  Investigations have now become mandatorily done by the professional investigation services.  That's a change that was a response to this problem.   And second, with regards to retaliation, I think it's even more complex and subtle than Ms. Bhagwati talks about.  I agree with everything that she said, that she's experienced, but it's so subtle that it can just be soldiers attending an investigative hearing and glowering at the victim to make her feel uncomfortable.

Chair Carl Levin: Do you have any suggestions as to how we can get to the peer pressure type of retaliation?

John D. Altenburg: I think the only way to get to that is through the command, is through the leadership.  They have to seize this issue.  They have to understand the cultural dimensions of it, realize how unique the military is in terms of the vulnerabilities of the victim and-and the opportunity for this predator mentality that is like a wolf around a pack of sheep that seeks out different types of people and tests them and probes them and then finally decides to strike when they're one-on-one -- I mean whether they do it subliminally or whether they do it with malice of forethought, they are predators to the nth degree.  And many of them, we're finding from studies are repeat offenders and they're serial offenders.  And some of the things that have been suggested to keep people from coming in the military that have that kind of background will help solve this.  But that mentality and that culture is what the leaders will have to attack.  The same way they attacked racism in the seventies and the eighties.  And there were racist Lt. Colonels and Colonels and they got discovered, they got out.  You couldn't cope, you couldn't deal without modifying your behavior or getting out.  And we've done that with several other social issues.  It takes leadership.  And it doesn't mean that all the leaders are going to be the good people and the ones that get it but that's how will effect change in this culture.


[. . .]


Anu Bhagwati:  Senator Reed, I think, if you're suggesting somehow that the military can create a culture of rape or that there's something  --

Senator Jack Reed: No, I'm not.

Anu Bhagwati:  Good because I would disagree with that, that the military creates rapists.  I think, however, we still condone sexual violence in the day-to-day which is different -- and that we still mistreat women.  And I have not met a woman in the military yet who has not experienced some form of discrimination or harassment.  When that is sort of the average of a woman in the military, a culture of harassment is created and sexual predators will thrive in that culture.  These serial predators that are entering the ranks, they're hitting a target rich environment.  They really are.  I think, uh, until we -- until we create systems and policies, until we tighten the military justice system, until we potentially open up new forms of redress like civil suits to service members -- I think we really have to think outside the box here -- we're not going to change that culture.  And the presence of women at the highest echelons of leadership is really important.  I mean, we talked today about the presence of women in the Senate making a difference.  Well, the presence of women in the military also will make a difference but only if there's a critical mass of women and right now there aren't enough women at the top.





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