more on Army Times calls for Rumsfeld and Meyers relief

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
Date: Mon, 10 May 2004 15:40:42 -0700
From: Norman MacLeod <gaelwolf () waypt com>
Subject: RE: [IP] Fwd: Army Times calls for Rumsfeld and Meyers relief
To: dave () farber net


Dave -

The officer reprimands that have been given out already are only a
preliminary step and don't mean that those reprimanded are free from
additional charges being laid at a later date.  Reprimands require far less
complete investigation than full courts martial in most cases.

There are at least seven full investigations still open, and charges can be
expected to flow from them as they wrap up. We won't, however, be haring as
much as we like prior to the event...there's this concept knows as "command
influence" in which commanders can't let their outcome preferences be known
prior to trial.  That prevents the courts martial from leaning in the
commander's direction on either verdict or sentence.  If command influence
can be shown on appeal, punishments can be severely reduced or entirely set
aside.

One investigation that's going to provide an interesting sidelight is the
one that determines how the media obtained the Taguba report before the top
echelon of command (SecDef, JCS, etc.) did.  It's not just that the leak was
damaging in the public relations respect, but more that it likely screwed up
the quality and completeness of at least some of the other investigations
that are not yet anywhere close to maturity in terms of unearthing those at
fault in command positions.

Not only is blindsiding the Pentagon not a real good idea for someone who
wants a career to last to retirement and pension, but it allows those being
investigated an inappropriate opportunity to at least partially cover their
tracks.

Hammers need to fall in more than one direction.

Those who are being charged and tried now may be at the lower levels of the
food chain...but the most damning evidence for their trials (photos and
videos) is much easier to evaluate than all the paper chase and witness
statement gathering that's going to be required to build solid cases against
people further up the chain who do not appear in any of the photos or
videos.

If you really want to see those up the chain adequately disciplined for
their misdeeds, you need to be patient enough to allow the investigations to
be iron-clad before charges are laid.  Haste at this point means that people
will get away with things that they shouldn't.

        Norman MacLeod



-----Original Message-----
From: owner-ip () v2 listbox com [mailto:owner-ip () v2 listbox com] On Behalf Of
Dave Farber
Sent: Monday, May 10, 2004 3:02 PM
To: ip () v2 listbox com
Subject: [IP] Fwd: Army Times calls for Rumsfeld and Meyers relief

[ the thing that amazes me is that the press does not find it strange that
the officers are given reprimands and the enlisted reservist are taken to
court.

Where is the military traditions and law??

Dave

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