General’s court-martial could shape the future of military justice system

Washington Post ^ | 3/3/2014 | Craig Whitlock

[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.

[3Fingas]

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.

[FreedomPoster]

Sleeping with subordinates is one thing; rape quite another.

[FreedomPoster]

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.

[Birdsbane]

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

[ConorMacNessa]

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)

[sarasmom]

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.

[Nifster]

let the pogroms continue

[Cen-Tejas]

......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.

[Rockpile]

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

[snoringbear]

“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.

[strider44]

Yes, we get a DD214

[FreedomPoster]

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

[snoringbear]

“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.

[Lurking Libertarian]

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.