War and the Military

Comment of the Day: “Army Policy Is Apparently That Its Prosecutors Must ‘Believe All Women’”

/ Jack Marshall / 10 Comments

As I thought it might, the post about the Army’s head sexual assault prosecutor being fired because a decade’s old email suggested that defense attorneys would have to fight hard for the rights of accused servicemen being targeted by politicians “with an agenda” quickly attracted intense commentary. (Oddly, or perhaps not, the story has been largely ignored by mainstream media. My mining of obscure legal ethics sources has its benefits.) No commentary was more illuminating or useful than this, the Comment of the Day by 77Zoomie, on the post, “Army Policy Is Apparently That Its Prosecutors Must ‘Believe All Women’”…

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Some thoughts from someone who has both prosecuted and defended sexual assault cases in military courts.

Although it is a difficult concept for most civilian attorneys to grasp, the military justice system that was put in place in the early 1950s (as the Uniform Code of Military Justice) Is designed to accomplish two, sometimes contradictory, tasks. The first is to provide constitutional due process to service members accused of any of a specific list of crimes delineated by the UCMJ. Military defense counsel are obviously crucial in this process because they are frequently the only individuals with the capability to adequately overcome the tremendous advantage possessed by the prosecution on a military installation. Prosecution authority rests ultimately in a series of commanders at various levels. These individuals have unlimited resources at their disposal, including the ability to select potential jurors and to influence proceedings in any one of a thousand different ways, some obvious but most not. Military defense attorneys are generally removed from the formal chain of command so that local commanders cannot affect the career of a zealous defense counsel working to protect the interests of her client.

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Army Policy Is Apparently That Its Prosecutors Must “Believe All Women”

/ Jack Marshall / 10 Comments

This story, initially reported by the Associated Press, is at very least ominous, and at most a reminder that the Biden Administration’s position is that a man accused of sexual assault is considered guilty until proven innocent.

Unless the man is Joe Biden, of course.

At the beginning of last month, the Army’s head sexual assault prosecutor, Brig. Gen. Warren Wells, was fired from his job by Secretary of the Army Christine Wormuth. The justification given was a 2013 email in which he had the audacity to remind Army defense lawyers that they were the last line of defense against false accusations. The message read,

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Ethics Quiz: Trump’s “Dome”

/ Jack Marshall / 23 Comments

Here is part of what Donald Trump said in Iowa:

“I didn’t like it when Ronald Reagan suggested it because we didn’t have the technology. We do have the technology now, and we’re going to build a giant dome over our country to protect us from a hostile source. And I think it’s a great thing, and it’s going to all be made in the United States, and that’s something that I consider productive. You know, when I watch, uh, our guys operate those things, it’s unbelievable. Missile coming in, missile coming in. These geniuses sit down. Most of them are, you know, they’re from MIT. But they sit down, bing! bing! bing! bing! boom! ph-sheee! It’s gone, it’s amazing! I think we could use…do you like that? I mean, isn’t that better than giving other countries billions of dollars? Billions! We’re going to get billions of dollars out of the country and so they can build a dome, but we don’t have a dome ourselves! We’re going to have the greatest dome ever!”

Okaaaaaaaaaaaaaaaaaaaaaaaaaay…

Your Ethics Alarms Ethics Quiz of the Day goes like this…

Is it responsible to vote for someone who talks like this the power of the American Presidency?

…because, to be brutally frank, I’d have hesitated to vote for a student candidate for president of the 8th grade in junior high who gave a speech like that. Wouldn’t you? It bothers me that Trump would say all that, it bothers me that he thinks it’s going to win votes by saying it, it bothers me that he obviously doesn’t have a clue what he’s talking about, and it bothers me that he has such a low opinion of the American public.

Incompetent? Irresponsible? Dishonest? Whatever This Was, It’s Unethical

/ Jack Marshall / 6 Comments

Look! Another example of IIPTDXTTNMIAFB (“Imagine if President Trump did X that the news media is accepting from Biden.”)!

From the New York Times:

It took the Pentagon three and a half days to inform the White House that Defense Secretary Lloyd J. Austin III had been hospitalized on New Year’s Day following complications from an elective procedure, two U.S. officials said Saturday.

The extraordinary breach of protocol — Mr. Austin is in charge of the country’s 1.4 million active-duty military at a time when the wars in Gaza and Ukraine have dominated the American national security landscape — has baffled officials across the government, including at the Pentagon.

Senior defense officials say Mr. Austin did not inform them until Thursday that he had been admitted to the intensive care unit at Walter Reed National Military Medical Center in Bethesda, Md. The Pentagon then informed the White House.

The Pentagon’s belated notification, first reported by Politico, confounded White House officials, one Biden administration official said.

Meanwhile, conservatives “pounced”: “What possible motive could there be for doing this? Who knows? It didn’t make a lot of sense, but the Biden administration has an extensive record of covering up scandals, so it wasn’t exactly out of character for the Biden administration to cover something up,” wrote PJ media’s Matt Margolis. Other wags noted that hiding such health-related information about important government officials is the kind of thing China does.

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Comment of the Day: “When Ethics Alarms Don’t Ring: Nikki Haley’s Answer To ‘What Caused The Civil War?’

/ Jack Marshall / 12 Comments

This choice was tough: yesterday’s post on Nikki Haley’s bone-headed and tone -deaf answer to the soft-ball question about the cause of the American Civil War sparked several COTD-worthy observations, but I chose this one, by Chris Marschner, to represent the field. Haley’s gaffe, along with her typically weaselly attempt to wiggle out of it, is looking like that rare breed these days, a botched public statement that actually has “legs” and does serious harm to a candidate’s prospects, like President Gerald Ford’s assertion in a debate that Poland wasn’t an Iron Curtain country, or Hillary Clinton’s “deplorables” statement. Naturally some on the Right rushed to Haley’s defense, as with this WSJ piece, and critics on the Left “pounced,” as with historian Heather Cox Richardson’s substack piece that called Haley’s answer “the death knell of the Republican Party.” ( This is known as “wishcraft.”) To me, this was just one more instance of Haley proving that she is untrustworthy and excessively calculating to ever believe. In some respects she’s the opposite of Trump, who is, mostly correctly, regarded as an authentic character who believes what he says, at least when he says it. Like the vast majority of politicians, Haley appears to believe what she thinks the most people want her to believe, until she discovers that they don’t.

I’ll say here that I think Chris is too easy on Haley. To answer that question without even mentioning slavery is incomprehensible, especially in 2023, when an entire political party has bet all its chips on racial grievances, “a threat to democracy” by racist fascists, and Trump Derangement. Any minimally educated and aware politician should be able to say, succinctly: “There were three primary causes: slavery, states’ rights, and to preserve the union. Next question.”

Here is Chris’s Comment of the Day on the post, “When Ethics Alarms Don’t Ring: Nikki Haley’s Answer To ‘What Caused The Civil War?’”…

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South Carolina the first state to secede from the union did so on December 20, 1860. The rationale for secession was the fear that the institution of slavery was being threatened by the federal government. There was no blood spilled until the decision to preserve the union was made a year later.

According to Historytoday.com, “The American Civil War was fought to preserve the Union. There had long been tensions between the rights of the states under the constitution and those of the federal government, so much so that South Carolina and the administration in Washington almost came to blows over the issue of tariffs in the 1830s. It was slavery, however, that brought matters to breaking point.”

The Civil war began in April of 1861 when Abraham Lincoln ordered that Fort Sumter, under the command of U.S. Major Robert Anderson who occupied the still under construction fort during the approximate 15 month standoff between Union forces and the South Carolina militia, be resupplied with fresh troops and “humanitarian aid”. Naturally this was seen as an encroachment by U.S. troops on sovereign ground by the South Carolina Governor. Nonetheless, Lincoln sent the ship called the Star of the West with 200 troops and supplies to resupply the fort. When it arrived in Charleston harbor it was driven back to sea by the militia.

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CNN’s Brianna Kellar and the News Media’s “Think of the Children!” Refrain in Support of Hamas

/ Jack Marshall / 4 Comments

Yes, it’s “Imagine” time again. Mainstream media talking heads and hacks have apparently been playing the John Lennon’s sweet and fatuous ode to nonsense over earbuds as they sleep, judging from the angle they repeatedly return to as they push anti-Israel propaganda on the public.

CNN’s Breanna Keilar had a typical “Think if the children!” exchange with Israeli spokeswoman Tal Heinrich yesterday.

Keilar (talking over and interrupting her guest as she Heinrich expressed regret that children in Gaza were being placed in harm’s way): “Tal, when you see those pictures coming out of Gaza, do you see why some people don’t have hope looking at those pictures?”

Heinrich: “Well, we are in the middle of a war that Israel did not start, and did not want.”

Keilar: “It is prosecuting it forcefully, and you see the pictures here.”

Heinrich: “When Hamas started this war — hope and peace and a better future for the region — that is the greatest enemy of terrorists. Once we eliminate these terrorists, we eliminate the rule. We hope that there will be other voices, pragmatic ones that want to work with us towards peace. This is what we want. We want to live in this region peacefully. That’s what Israelis have always wanted. But first, Hamas must be gone, and then we hope that the Palestinian society will de-radicalize. We can’t have — you know, what our troops are finding right now, on the ground, in certain neighborhoods in Gaza, pictures of children, women with guns, Hamas uniform tailored for children. And Hamas terrorists that we have arrested—”

Keilar (interrupting): “Does that make the children justifiable enemies to you? Is that what you’re saying? Does that make all of the children justifiable enemies to you? I mean, you’re raising the specter of them being used in military uniform.”

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Confronting My Biases, Episode 5: The Speed Hump Weenies

/ Jack Marshall / 14 Comments

For this continuing series examining the biases that make me stupid (or not), on the one month anniversary of the last installment, I want to take up the matter of drivers who slow to a crawl or even stop their vehicles entirely when they encounter a “speed hump” in the road.

This past week two such drivers almost caused my car to run into them. In recent years Northern Virginia has gone speed hump mad, putting the things virtually everywhere that isn’t a highway or a main thoroughfare. I don’t mind them, however, nearly as much as I mind the way some drivers seem to regard them as explosive devices. You can safely drive over a speed hump at a moderate velocity; your transmission or axles aren’t going to fall off if your car doesn’t slow down into single digits.

I confess: I regard drivers who freak out at speed humps as emblematic of creeping weenie-ism in the nation. I imagine such drivers as still wearing masks alone in their cars, spending nights shivering in terror over the certain doom that the world faces if we don’t start living like prehistoric cave dwellers, fearing to allow their kids to walk unaccompanied a few blocks home from school, and who want the U.S. to minimize the deployment of its military to tasks involving expanding LGBTQ rights and advancing the cause of diversity, equity and inclusion. I envision them applauding when some anti-gun fanatic shouts that it would be worth eliminating the Second Amendment “if it saved one life” and crippling the First so no feelings are ever hurt by unwelcome opinions.

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Boxing Day Ethics Quiz: The Gaza Mayor’s Lament

/ Jack Marshall / 10 Comments

The conservative news media and punditry sites are exploding with criticism of the New York Times for publishing the op-ed on December 24 written by Yahya Sarraj, mayor of Gaza City. Sarraj was appointed mayor by Hamas, the terrorist organization that has ruled Gaza for more than a decade. The piece is self-evident proaganda that seeks to create outrage and sympathy for Gaza in the wake of Israel’s retaliation for the Hamas terrorist attacks in Israel on October 7 and its invasion of the Gaza Strip.

The Hamas-backed mayor writes in part…

“The Israelis have also pulverized something else: Gaza City’s cultural riches and municipal institutions. The unrelenting destruction of Gaza — its iconic symbols, its beautiful seafront, its libraries and archives and whatever economic prosperity it had — has broken my heart….Why did the Israeli tanks destroy so many trees, electricity poles, cars and water mains? Why would Israel hit a U.N. school? The obliteration of our way of life in Gaza is indescribable. I still feel I am in a nightmare because I can’t imagine how any sane person could engage in such a horrific campaign of destruction and death….The Gaza Zoo has been destroyed with many of its animals killed or starved to death, including wolves, hyenas, birds and rare foxes. Other casualties include the city’s main public library, the Children’s Happiness Center, the municipal building and its archive, and the seventh-century Great Omari Mosque. Israeli forces have also damaged or destroyed streets, squares, mosques, churches and parks.”

The clear and obvious answer to “why?” would seem to be “Because your government started a war, and this is what happens to places that start wars by massacring civilians, raping women, beheading babies and taking hostages.”

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For Your Christmas Weekend Reading Pleasure…

/ Jack Marshall / 4 Comments

Well, few are visiting EA today. I guess it is a holiday of sorts, so I won’t take it personally. As a thank-you to those who do drop by, here is a post I encountered on the new substack, “Ramparts.” “War and Christmas:Christmas and the enduring spirit of Freedom” focuses on two important and inspiring Christmases in our nation’s history, both occurring while the nation was at war.

The second has special significance for me. My father, Jack Anderson Marshall, Sr., fought on thatChristmas day in 1944, having just been released from the Army hospital after having half his foot blown off earlier in the year, before D-Day. After my parents moved from Arlington, Mass. to Arlington, Virginia, I would accompany my father every year around this time on his pilgrimage to the Battle of the Bulge veterans memorial at Arlington National Cemetery, just a short walk from the Tomb of the Unknown Soldier. The year he died on my birthday in 2009, Dad had skipped the reunion of BOTB veterans for the first time. The dwindling numbers made him too sad, he said.

Now Here’s A Scary Poll Result…

/ Jack Marshall / 11 Comments

Geena is right.

A survey conducted this week by Harvard-Harris polling found that 51% of Americans between the ages of 18 and 24 believe the answer to the Israel-Palestinian conflict is for “Israel to be ended and given to Hamas and the Palestinians.” The stark contrast between our rising generation and the rest of the American population is truly disturbing. As you can see..

…outside of the demographic that has been indoctrinated into an anti-American, victim-obsessed, extreme progressive ideology by exposure to our education system and social media, the U.S. public is overwhelmingly supportive of Israel and understands that Hamas represents terrorism and genocide. “These individuals siding with evil over democracy should be a wake-up call,” Sen. Roger Marshall (R-Kansas) said, reacting to the poll. “Ideological rot among young Americans, driven by woke values and victim culture, has gotten so bad they’ve convinced themselves to sympathize with actual terrorists who hate America.”

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