Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Generalís court-martial could shape the future of military justice system
Washington Post ^ | 3/3/2014 | Craig Whitlock

Posted on 03/03/2014 5:09:32 PM PST by markomalley

A sordid account involving illicit sex in uniform will be aired this week in an austere courtroom at Fort Bragg, N.C., and the results could tip the scales in a high-stakes debate in Congress over the future of the military justice system.

The defendant, Brig. Gen. Jeffrey A. Sinclair, is accused of carrying on a long affair with a junior officer and sexually assaulting her on two occasions, among other crimes. He is only the third Army general to face court-martial in more than a half-century.

But after two years of investigation and preparation, the prosecution is in disarray.

The Army’s lead trial counsel, Lt. Col. William Helixon, abruptly stepped down last month after confiding to superiors and the general’s defense team that he had qualms about the case. The Army scrambled to replace him, attributing his departure to “personal reasons” and saying in court papers that he was in “a state of extreme emotional distress.”

Meanwhile, the general’s lover-turned-accuser — an Army captain 17 years his junior — faces lingering questions about her credibility. Although she has testified that Sinclair twice forced her to perform oral sex against her will in Afghanistan, she has been unable to recall the exact dates and has given conflicting accounts to investigators and colleagues.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Extended News; Government
KEYWORDS: bhodod; ucmj
Or, alternatively, is he being purged and this is to be his show trial?
1 posted on 03/03/2014 5:09:32 PM PST by markomalley
[ Post Reply | Private Reply | View Replies]

To: markomalley
"General’s court-martial could shape the future of military justice system"

Another pretext for taking the administration of military justice out of the hands of the military and cashiering a senior officer - all on the flimsy evidence, conflicting statements and outright lies of a former lover.



America demands Justice for the Fallen of Benghazi!

O stranger, tell the Lacedaemonians that we lie here, obedient to their command.

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

2 posted on 03/03/2014 5:19:01 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Mlichael the Archangel defend us in Battle!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

>>she has been unable to recall the exact dates and has given conflicting accounts to investigators and colleagues.

This sounds as bogus as many of the college date rape cases.


3 posted on 03/03/2014 5:21:39 PM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Vindictive women lie to punish not seek justice...


4 posted on 03/03/2014 5:22:37 PM PST by Birdsbane ("Onward through the fog!" ... Oat Willie)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Read this and the name Clinton immediately popped up in my mind. Can’t understand why. Hahahaha


5 posted on 03/03/2014 5:25:39 PM PST by Parley Baer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Birdsbane

or to cover something else up


6 posted on 03/03/2014 5:28:22 PM PST by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 4 | View Replies]

To: markomalley

Does The Mondale Act of 1974 apply here? That’s what enabled the sexual witch hunts that are going on to this day in civilian courts.


7 posted on 03/03/2014 5:29:51 PM PST by Forgotten Amendments (On the wrong side of history.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Sexual relations with one under their command?
Hell, the commander in chief himself got off easier back in the 90’s.


8 posted on 03/03/2014 5:32:00 PM PST by Repeal The 17th (We have met the enemy and he is us.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley
I worked for 20 years in the ER of a large hospital located in a major city.During that time hundreds and hundreds and hundreds of women presented to our ER stating they had been raped.Our nursing staff,as well as medical staff,were highly trained in treating these patients as well as methods to obtain evidence for prosecutors.I would hear the nurses who were treating a particular patient talking as they sat and wrote their notes after having evaluated,offered treatment and emotional support to them.In the large majority of patients they'd say things like "poor girl/woman" and "she was badly injured".But once in a while you'd hear them say things like "things don't add up here" or "she's lying".And these are experienced nurses...all but one of whom were female.

This experience suggests to me that while it's rare there *are* women who are capable of falsely claiming rape.

9 posted on 03/03/2014 5:35:41 PM PST by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

A married brigadier general having an affair with a captain. There’s quite a power differential there.

Even if he didn’t commit assault, he probably should be charged with “conduct unbecoming” and or “conduct contrary to good order and discipline”. It’s been awhile since I looked, but last I knew those were still offenses under the Uniform Code Of Military Justice.


10 posted on 03/03/2014 5:36:25 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Sinclair should be cashiered because he was stupid enough to have sex with a subordinate. Gone, bye, bye. End of career.

However, the sexual assault charges are bogus. The Captain knew what she was doing and a little oral sex was her ticket to the fast track. When that turned out to be a false hope, she turned vindictive.

When Kirstin Glillibrand and here fellow travelers in the feminist wing of the Democrat party start running the military as they are now, we are in deep, deep trouble. This have become political theater and it may well cripple the military.


11 posted on 03/03/2014 5:41:46 PM PST by centurion316
[ Post Reply | Private Reply | To 1 | View Replies]

To: ConorMacNessa

One of my former shipmates, 4 Star Admiral Richard C Macke, made a similar mistake, plus shot his mouth off over a rape incident, was vindictively targeted by a Marine subordinate when she caught wind of a more comely female, also subordinate, whom he was also involved with. He was forced to resign. Fortunately for him, he retained his rank and retirement benefits.

https://en.wikipedia.org/wiki/Richard_C._Macke

http://articles.latimes.com/1995-11-18/news/mn-4681_1_richard-c-macke

http://www.hackworth.com/12mar96.html


12 posted on 03/03/2014 5:42:49 PM PST by Birdsbane ("Onward through the fog!" ... Oat Willie)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FreedomPoster

“This sounds as bogus as many of the college date rape cases.”

Well, the forced blow jobs may or may not be true. But, sleeping with the hired help will get you fired in the military and civilian world.


13 posted on 03/03/2014 5:48:27 PM PST by snoringbear (E.oGovernment is the Pimp,)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gay State Conservative
This experience suggests to me that while it's rare there *are* women who are capable of falsely claiming rape.

If false accusation weren't a problem it wouldn't be included in the 10 Commandments.

14 posted on 03/03/2014 5:48:30 PM PST by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: markomalley

An open letter to Brig. Gen. Jeffrey A. Sinclair;

General fist and foremost state that it was a boy, not a girl, then make sure you are registered as a democrat and declare your candidacy for president as a Clinton sex clone.

All will be well, you may even get another star before the nomination.

< /sarcasm>


15 posted on 03/03/2014 5:49:43 PM PST by The_Republic_Of_Maine (Be kept informed on Maine's secession, sign up at freemaine@hushmail.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lightman
If false accusation weren't a problem it wouldn't be included in the 10 Commandments

I suspect that that's true.But I think we all know that there are those in this country (and elsewhere) who swear that all rape allegations are false while others swear that all such allegations are true.

16 posted on 03/03/2014 5:52:29 PM PST by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
[ Post Reply | Private Reply | To 14 | View Replies]

To: FreedomPoster

BS. I prosecuted MANY a sexual assault, rape case etc. That is VERY typical. It would ring odd if she gave exact and consistent information. For any crime over time, that is a huge warning flag.


17 posted on 03/03/2014 5:56:40 PM PST by RIghtwardHo
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gay State Conservative

I’ve been around too many libtards/feminazi who honestly believe that “victims never lie”.

They do. Ask any beat cop.


18 posted on 03/03/2014 5:57:20 PM PST by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Birdsbane
I can't condone the conduct of any senior officer who has an affair with a subordinate - not only on moral grounds, but for reasons of discipline and operational effectiveness.

I do not, however, think that this case or any other case I've heard of justifies taking jurisdiction over sexual assaults and other "major crimes" away from the military.



America demands Justice for the Fallen of Benghazi!

O stranger, tell the Lacedaemonians that we lie here, obedient to their command.

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

19 posted on 03/03/2014 6:25:26 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Mlichael the Archangel defend us in Battle!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: RIghtwardHo
It would ring odd if she gave exact and consistent information. For any crime over time, that is a huge warning flag.

Unless, you know, she kept a diary or journal of events.

20 posted on 03/03/2014 6:27:04 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: markomalley

Both behaved improperly and both should be forced to resign. I don’t know if the assault allegations are true or not. If they can be proven true at trial, the General faces a prison sentence. If the allegations can be proven false, the female subordinate should face some charges. I suspect that they are not provable either way.


21 posted on 03/03/2014 6:36:25 PM PST by 3Fingas (Sons and Daughters for Freedom and Rededication to the Principles of the U.S. Constitution)
[ Post Reply | Private Reply | To 1 | View Replies]

To: snoringbear

Sleeping with subordinates is one thing; rape quite another.


22 posted on 03/03/2014 6:46:14 PM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 13 | View Replies]

To: RIghtwardHo; centurion316

I hope you had more evidence than seems to be the case here.

I think it more likely that centurion316 nailed it in post 11.


23 posted on 03/03/2014 6:49:48 PM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 17 | View Replies]

To: ConorMacNessa

I am in full agreement with you. The jurisdiction lies fully within the UCMJ and the courts thereof.


24 posted on 03/03/2014 6:52:15 PM PST by Birdsbane ("Onward through the fog!" ... Oat Willie)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Birdsbane
During the later years of his career, my father, an MSC officer in the Navy, had occasion to conduct numerous Summary Courts-Martial and became highly conversant with the provisions of the UCMJ pertaining to rules of evidence and rights of the accused. It was his opinion, and it is mine as a lawyer, that the UCMJ provides greater protection for the rights of the accused than that provided under civilian laws.



America demands Justice for the Fallen of Benghazi!

O stranger, tell the Lacedaemonians that we lie here, obedient to their command.

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

25 posted on 03/03/2014 7:01:09 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Mlichael the Archangel defend us in Battle!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: markomalley
UCMJ.
It means something.

Despite a lowlife former CINC like Clinton, there were other even older instances of lowlife sexual deviants like LeMay, who claimed female military members were only allowed to wear a uniform to alieve the “sexual urges” of military men stationed overseas.

The female Captain and the male General both need their DD214s to reflect “other than honorable” conditions.
As to the rape charges...I'm not buying that at this point.

As an officer, she was obligated to file rape charges immediately, had the allegations been true, IAW the UCMJ.

It's a harsh system that only works when people who have sworn an oath to honor it, honor it.

26 posted on 03/03/2014 7:04:06 PM PST by sarasmom (Extortion 17. A large number of Navy SEALs died on that mission. Ask why.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

let the pogroms continue


27 posted on 03/03/2014 8:03:19 PM PST by Nifster
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

......I’ve sorta scanned post 1-27 and I would remind all that there is not much NEW here re General’s and their girlfriends. Kay Summersby proves that beyond all doubt.


28 posted on 03/03/2014 8:16:38 PM PST by Cen-Tejas (it's the debt bomb stupid!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sarasmom

Question-——do officers get dd 214s since they are commissioned and not on a contract? I don’t know.


29 posted on 03/03/2014 9:17:18 PM PST by Rockpile
[ Post Reply | Private Reply | To 26 | View Replies]

To: FreedomPoster

“Sleeping with subordinates is one thing; rape quite another.”

Obviously. My point is this guy should go, either to prison or less than honorable discharge with some loss of rank.


30 posted on 03/04/2014 3:16:15 AM PST by snoringbear (E.oGovernment is the Pimp,)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Rockpile

Yes, we get a DD214


31 posted on 03/04/2014 3:50:56 AM PST by strider44
[ Post Reply | Private Reply | To 29 | View Replies]

To: snoringbear

I don’t think there’s anyone on this thread arguing that he shouldn’t go if he’s been boinking a subordinate.


32 posted on 03/04/2014 5:18:21 AM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 30 | View Replies]

To: FreedomPoster

“I don’t think there’s anyone on this thread arguing that he shouldn’t go if he’s been boinking a subordinate.”

Never stated nor implied such.


33 posted on 03/04/2014 5:27:25 AM PST by snoringbear (E.oGovernment is the Pimp,)
[ Post Reply | Private Reply | To 32 | View Replies]

To: markomalley
But after two years of investigation and preparation, the prosecution is in disarray.

Not in that much disarray, apparently, as General Sinclair just pleaded guilty to many of the charges.

Yes, he is still claiming the sex was consensual, but admitting to destroying evidence and engaging in a coverup is not going to help his credibility any.

34 posted on 03/06/2014 3:40:25 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson