CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: March 2014

Monday, March 31, 2014

ALERT - ALLEGED PLAN TO ATTACK U.S. MILITARY PERSONNEL AND/OR INSTALLATION - Threat Now Dialed Back

UPDATED STORY:

http://www.foxnews.com/us/2014/04/01/exclusive-self-professed-jihadist-was-weeks-away-from-basic-army-training/?intcmp=latestnews

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UPDATE: It now appears the talk of imminent threat is being dialed back. See update here:

http://www.foxnews.com/us/2014/04/01/ex-army-recruit-who-threatened-ft-hood-inspired-jihad-not-threat-fbi/

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According to FoxNews, military and civilian law enforcement, including the FBI, are searching for a former Army recruit who they believe is planning a Fort Hood style "jihad" attack on U.S. military personnel and/or installation. Some of the details from the article are:

He calls himself Booker, but is also known as Muhammad Abdullah Hassan

He was recruited into the Army in February in Kansas City

The Fox article appears here:

http://www.foxnews.com/us/2014/03/31/military-hunts-one-time-recruit-planning-ft-hood-style-jihad/

No further information is available to us at this time.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

Washington Post - After the Wars: A Legacy of Pain and Pride

CIVILIAN COURT-MARTIAL DEFENSE LAWYER NEWS:

Although the Global War on Terror is not over, the draw down of military forces in Iraq and Afghanistan continues, and there are so many military members returning to the States with combat related physical and mental health problems. Here is a Washington Post story entitled "After the Wars: A Legacy of Pain and Pride" by Rajiv Chandrasekaran:

http://www.washingtonpost.com/sf/national/2014/03/29/a-legacy-of-pride-and-pain/

It has been so long since 9/11 that Veterans' combat issues are far from the forefront of the American consciousness - except for the families, friends, and supporters of those injured in combat. Please keep them all in your thoughts and prayers, and do what you can to lend your support.

There are many organizations that are providing opportunities to give financial and service support to injured military members and their families. Here are some:

http://www.woundedwarriorproject.org/

http://sofrep.com/special-operations-charities/

We are also seeing military justice actions arising from the impact of combat on the psyches of veterans, including self-medication with illegal drugs and domestic conflicts. Here is a 2009 post of mine regarding the need for more Veterans Courts around the country.

http://militaryadvocate.blogspot.com/2009/08/veterans-court-in-colorado-springs-much.html

So much is asked of military members and their families, please don't allow the critical importance of aftercare to fade with the passage of time.

Thank you.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Senate vs. CIA: Effectiveness of Waterboarding

CIVILIAN COURT-MARTIAL DEFENSE LAWYER NEWS:

The battle between the Senate and CIA has now arrived at the topic of waterboarding and "enhanced interrogation techniques"...and whether these were effective interrogation methods in the successful hunt for Osama bin Laden, as portrayed in the movie Zero Dark Thirty.

According to the Senate report, enhanced interrogation techniques did not provide any new actionable intelligence in the hunt. The CIA disputes this. A story appears here:

http://www.military.com/daily-news/2014/03/31/senate-torture-report-examines-hunt-for-bin-laden.html?comp=7000023317843&rank=3

By: Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Thursday, March 27, 2014

American Military Veterans on the No-Fly List Sue Government

Civilian Court-Martial Defense Lawyer News:
Here is a FoxNews article about a lawsuit, in which several American military veterans are plaintiffs, against the government due to being placed on the no-fly list:

http://www.foxnews.com/us/2014/03/18/no-fly-no-answers-veterans-among-americans-suing-over-fed-grounded-list/?cmpid=ac_salutes

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Wednesday, March 26, 2014

Sulaiman Abu Ghaith, Usama bin Laden's Son-in-Law and Spokesperson, Convicted in Manhattan

Civilian Court-Martial Defense Attorney News:

Sulaiman Abu Ghaith, Usama bin Laden's son-in-law and al Qaeda spokesperson, has been convicted in federal court in Manhattan of conspiracy to kill Americans, conspiring to provide support to al Qaeda and providing support to al Qaeda. An article appears here:

http://www.foxnews.com/us/2014/03/26/bin-laden-son-in-law-convicted-at-nyc-terror-trial/?intcmp=latestnews

During closing arguments at trial, the U.S. Attorney apparently stated:

"Going to that man was the very first thing Usama bin Laden did on Sept. 11 after the terror attacks...The defendant committed himself to Al Qaeda's conspiracy to kill Americans, and he worked to drive other people to that conspiracy."

"During the most important period of time in Al Qaeda's savage history, Sulaiman Abu Ghaith was Usama bin Laden's principal messenger. ... He used his fiery oratory to incite Al Qaeda's growing army of terror in this war with America."

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Monday, March 24, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: RAPE AND SEXUAL ASSAULT COURT-MARTIAL CASES IN THE MILITARY JUSTICE SYSTEM (UCMJ ARTICLE 120)… WHAT NOW CONGRESS?

MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

In Congress’ continuing effort to change the military justice system so that outcomes are predetermined in court-martial cases alleging rape and sexual assault (UCMJ Article 120), what will they do now, in light of the outcomes in the Sinclair and Tate courts-martial? See:

http://www.airforcetimes.com/article/20140321/NEWS/303210021/As-military-sex-cases-end-more-calls-change

We already know the military takes jurisdiction of dubious cases the civilian authorities are not interested in prosecuting. So, prosecuting these cases in the civilian criminal justice system is not the answer. Then we had the debate between the competing military justice bills proposed by Senator Gillibrand and Senator McCaskill. Senator Gillibrand wants disposition decisions removed from commanders and put in the hands of JAG attorneys – but now those JAG attorneys (Military Judges) arrived at the controversial outcomes in the Sinclair and Tate cases. Senator McCaskill wants disposition decisions left in the hands of commanders – but commanders (Lt Gen Helms and Lt Gen Franklin) arrived at the controversial outcomes in the Wilkerson, Herrera, and Wright cases. If Congress can’t rely on the civilian criminal justice system, military commanders or JAGs to do their bidding…what now?

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts. See also:

http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/

We offer free initial consultations for a case you may be involved in. Just call us.

Thank you.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Friday, March 21, 2014

Civilian Court-Martial Defense Lawyers: Thank You Professor Anne Hendershott for a Thoughtful Article on Rape and Sexual Assault Court-Martial Cases in the Military Justice System (UCMJ Article 120)

MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

In the ongoing public debate over rape and sexual assault allegations and court-martial cases in the military and the military justice system (UCMJ Article 120), which is often led by the loud voices of those who are ill informed but motivated by strong agendas (not least of which is political capital), a new editorial article has been written by Professor Anne Hendershott which all those in Congress, other government agencies, and, of course, the military need to read and consider – particularly given the recent results in the Sinclair and Tate cases (discussed in separate blog post).

Professor Hendershott teaches sociology and is the Director of the Veritas Center for Ethics in Public Life at the Franciscan University of Steubenville, Ohio. Her article appears in the Washington Times, here:

http://www.washingtontimes.com/news/2014/mar/20/hendershott-a-flurry-of-sexual-assault-accusations/

Some of the highlights of her article include:

“Citing a non-scientific survey of sexual assault in the military, the Pentagon issued a flawed report, which claimed that 26,000 service members were sexually assaulted last year. Panicked prosecutors and military leaders have responded by initiating some of the most preposterous prosecutions we have seen since the tide of false sex abuse allegations on college campuses reached its height a decade ago.”

“Politics always plays the pivotal role in any moral panic. Exaggerated claims by advocates like Ms. Gillibrand and her date-rape industry supporters are coupled with incendiary headlines in the media. Promoting the panic, the New York Times editorialized that the sexual assaults are the result of the “military’s entrenched culture of sexual violence.”

“Those who dare to question the extent of the military’s epidemic of sexual assault are vilified…”

“The real problem with the expanded definition of “sexual assault” is that it actually ends up removing power from women. It creates instead, female children unable to stand up for themselves and in need of protection by the now-entrenched sex codes created by college campus feminists, which have now been deployed to promote the panic in the military. As long as victims of sexual assault are venerated, it should not surprise anyone that allegations will continue to increase — and that the accusations will be confabulated.”

“It is likely that this moral panic will continue to grow as the sexual assault-industry will help to create an unending supply of female victims in the military"

It is nice to have a strong, intelligent, female voice and perspective to counter the drone of Senators Gillibrand, McCaskill, Rep. Speier, and others.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts. See also:

http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/

We offer free initial consultations for a case you may be involved in. Just call us.

Thank you.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com