U.S. Army (Islamic Chaplain) Capt. Yee and the charges he may face

Internet Haganah ^

[Happy2BMe]

Capt. Yee and the charges he may face:

* Sedition and Mutiny, violation of Article 94, UCMJ

* Aiding the enemy, violation of Article 104, UCMJ

* Spying, violation of Article 106, UCMJ

* Espionage, violation of Article 106a, UCMJ

* Failure to obey a general order, violation of Article 92, UCMJ

All Punitive Articles

[Happy2BMe]

How about some good old fashioned American Justice?

[Happy2BMe]

American Justice ping!

[CheneyChick]

We can only hope....

[Happy2BMe]

Islamic terrorist activity in our military forces ping!

Please pass to other military types.

:~)

[VOA]

bump

[martin_fierro]

Glassy-eyed PING.

[omega4412]

It would do wonders for our political and judicial systems if someone were actually tried, convicted, and executed for treason. Life imprisonment for sedition or execution for espionage would be a step in the right direction, though all it would take is one Clinton or Dean in the White House to set the criminal free.

[Happy2BMe]

"Life imprisonment for sedition or execution for espionage would be a step in the right direction, though all it would take is one Clinton or Dean in the White House to set the criminal free."

Clinton? Isn't he the one who let Osama bin Ladin go?

[Happy2BMe]

Punitive Articles of the UCMJ

Article 94—Mutiny and sedition

Text.

(a) "Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct."

Elements.

(1) Mutiny by creating violence or disturbance.

(a) That the accused created violence or a disturbance; and

(b) That the accused created this violence or disturbance with intent to usurp or override lawful military authority.

(2) Mutiny by refusing to obey orders or perform duty.

(a) That the accused refused to obey orders or otherwise do the accused's duty;

(b) That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and

(c) That the accused did so with intent to usurp or override lawful military authority.

(3) Sedition.

(a) That the accused created revolt, violence, or disturbance against lawful civil authority;

(b) That the accused acted in concert with another person or persons; and

(c) That the accused did so with the intent to cause the overthrow or destruction of that authority.

(4) Failure to prevent and suppress a mutiny or sedition.

(a) That an offense of mutiny or sedition was committed in the presence of the accused; and

(b) That the accused failed to do the accused's utmost to prevent and suppress the mutiny or sedition.

(5) Failure to report a mutiny or sedition.

(a) That an offense of mutiny or sedition occurred;

(b) That the accused knew or had reason to believe that the offense was taking place; and

(c) That the accused failed to take all reasonable means to inform the accused's superior commissioned officer or commander of the offense.

(6) Attempted mutiny.

(a) That the accused committed a certain overt act;

(b) That the act was done with specific intent to commit the offense of mutiny;

(c) That the act amounted to more than mere preparation; and

(d) That the act apparently tended to effect the commission of the offense of mutiny.

Explanation.

(1) Mutiny. Article 94( a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.

(a) Mutiny by creating violence or disturbance. Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.

(b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.

(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance. See subparagraph c(1)( a) above.

(3) Failure to prevent and suppress a mutiny or sedition. "Utmost" means taking those measures to prevent and suppress a mutiny or sedition which may properly be called for by the circumstances, including the rank, responsibilities, or employment of the person concerned. "Utmost" includes the use of such force, including deadly force, as may be reasonably necessary under the circumstances to prevent and suppress a mutiny or sedition.

(4) Failure to report a mutiny or sedition. Failure to "take all reasonable means to inform" includes failure to take the most expeditious means available. When the circumstances known to the accused would have caused a reasonable person in similar circumstances to believe that a mutiny or sedition was occurring, this may establish that the accused had such "reason to believe" that mutiny or sedition was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of Article 94. But see paragraph 16c(3) (dereliction of duty).

(5) Attempted mutiny. For a discussion of attempts, see paragraph 4.

Lesser included offenses.

(1) Mutiny by creating violence or disturbance.

(a) Article 90--assault on commissioned officer

(b) Article 91--assault on warrant, noncommissioned, or petty officer

(c) Article 94--attempted mutiny

(d) Article 116--riot; breach of peace

(e) Article 128--assault

(f) Article 134--disorderly conduct

(2) Mutiny by refusing to obey orders or perform duties.

(a) Article 90--willful disobedience of commissioned officer

(b) Article 91--willful disobedience of warrant, noncommissioned, or petty officer

(c) Article 92--failure to obey lawful order

(d) Article 94--attempted mutiny

(3) Sedition.

(a) Article 116--riot; breach of peace

(b) Article 128--assault

(c) Article 134--disorderly conduct

(d) Article 80--attempts

Maximum punishment.

For all offenses under Article 94, death or such other punishment as a court-martial may direct.

Next Article > Article 95—Resistance, flight, breach of arrest, and escape >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 18

[navyblue]

Does anybody know if the Naval prison in Portsmouth is still operating? Since this guy is a commissioned officer, we wouldn't want him to be insulted by putting him in the care of civilians at Leavenworth, would we?

Of course not! Being a military man, he should be with his military brothers! Like the Marine guards at Portsmouth Naval prison!

You Navy and Marine vets will understand the sarcasm here.

[68-69TonkinGulfYachtClub]

"Please pass to other military types"

PING

[Poohbah]

I'd really like him to live long enough to be interrogated, so Portsmouth is out.

[nopardons]

BTT

[Travis McGee]

Got Rope?

[MEG33]

I think it's a plan!

[68-69TonkinGulfYachtClub]

"...we wouldn't want him to be insulted by putting him in the care of civilians at Leavenworth, would we?"

I saw a documentary recently.
There is the Federal Pen at Leavenworth for civilians.
There ALSO is a seperate (different location) Military Discipline Barracks Prison for military.

[Alamo-Girl]

Bump!

[Happy2BMe]

" Since this guy is a commissioned officer, we wouldn't want him to be insulted by putting him in the care of civilians at Leavenworth, would we?"

No offense to officers please, but since the propensity for officers to get caught breaking the UCMJ as much as enlited types, officers often get "special rehabilatative treatment" in military detention centers.

Yee will have his own "program."

The first offense alone can carry the death penalty (legally).

Yee may be looking for those virgins sooner than he thinks.

[Knightsofswing]

He is not subject to Civillian Justice. The miltary is a lot faster and probly more fair than civi. justice. His punishment [if any] will be very swift & sever.
[SORRY ABOUT THE SPELLING, my hand got stupid!]

[LiteKeeper]

Guess what, folks...there are convicted chaplains in Leavenworth as we speak.

[Happy2BMe]

Sorry, this >> "No offense to officers please, but since the propensity for officers to get caught breaking the UCMJ as much as enlited types, officers often get "special rehabilatative treatment" in military detention centers."

Should have been this: >> No offense to officers please, but since the propensity for officers to get caught breaking the UCMJ is far less than enlited types, officers often get "special rehabilatative treatment" in military detention centers.

FRegards.

[HiJinx]

I had a friend who guarded prisoners at the Military Correctional Facility, Leavenworth.

It's a miserable place to be. Prisoners who misbehaved were sent to the hole. Literally, a hole in the prison, a limestone sink that was dank and stank. The lifers couldn't stand newcomers, because the lifers knew they weren't going anywhere and knew that newcomers tended to make life on the inside more miserable than it needed to be.

It sounds like the perfect place for Cpt. Yee, to me!

[Happy2BMe]

"His punishment [if any] will be very swift & sever."

Severe - probably.

Swift - not likely.

Reason - The American Islamic Political Lobby.

'At's Right Folks! They are already claiming to be minorities in this country due to their religion.

[Happy2BMe]

"I had a friend who guarded prisoners at the Military Correctional Facility, Leavenworth.

It's a miserable place to be."

We sent an O-3 to Leavenworth back in the 80's for profiteering, racketing, drug trafficking, fraternization, adultery and a whole bunch of nice stuff.

He was a JAG officer on top of all that.

We got word back he had to polish the bottoms - soles of his shoes in Leavenworth.

Now, that'll keep ya happy for awhile.

Does Leavenworth have gas or electric death apperatus?

[river rat]

I've got a 75 pound vise, on my garage work bench - that I'd like to use first...

It squeezes, real good.

Pain is evil weakness leaving the body, and it opens the mind to the truth...
Don't ask me how I know that.....I had a misspent youth..

Semper Fi

[river rat]

"Does Leavenworth have gas or electric death apperatus?"

Actually, death would have been considered an escape from hell..at the old Leavenworth..

Semper Fi

[Fred Mertz]

There are specific charges mentioned in this post, but not any details or evidence of what supports these charges.

I'm waiting for details.

[razorback-bert]

I vote for life in Leavenworth, if found guilty of Article 94.

[F16Fighter]

Book 'em, Dan-O...

[herewego]

lotsa big trees here Tonk!!

[Happy2BMe]

"I'm waiting for details."

So is every Muslim in the country.

So are the men and women whose names and addresses Yee had in his posession when he was busted.

So are their families and loved ones.

Al Qaeda doesn't play by infidel rules.

[cavtrooper21]

I'll second that...
What did he do or not do....
If'n the big brass has him up on all of these charges he must have been either VERY bad or...

Pi$$ed somebody off that was better left un-Pi$$ed.

[Happy2BMe]

Here's another death penalty offense . . (Possible Charge #2) . . .

Punitive Articles of the UCMJ

Article 104—Aiding the enemy

Text. “Any person who—

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.”

Elements.

(1) Aiding the enemy.

(a) That the accused aided the enemy; and

(b) That the accused did so with certain arms, ammunition, supplies, money, or other things.

(2) Attempting to aid the enemy.

(a) That the accused did a certain overt act;

(b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;

(c) That the act amounted to more than mere preparation; and

(d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.

(3) Harboring or protecting the enemy.

(a) That the accused, without proper authority, harbored or protected a person;

(b) That the person so harbored or protected was the enemy; and

(c) That the accused knew that the person so harbored or protected was an enemy.

(4) Giving intelligence to the enemy.

(a) That the accused, without proper authority, knowingly gave intelligence information to the enemy; and

(b) That the intelligence information was true, or implied the truth, at least in part.

(5) Communicating with the enemy.

(a) That the accused, without proper authority, communicated, corresponded, or held intercourse with the enemy, and;

(b) That the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy.

Explanation.

(1) Scope of Article 104. This article denounces offenses by all persons whether or not otherwise subject to military law. Offenders may be tried by court-martial or by military commission.

(2) Enemy. For a discussion of “enemy,” see paragraph 23c(1)(b).

(3) Aiding or attempting to aid the enemy. It is not a violation of this article to furnish prisoners of war subsistence, quarters, and other comforts or aid to which they are lawfully entitled.

(4) Harboring or protecting the enemy.

(a) Nature of offense. An enemy is harbored or protected when, without proper authority, that enemy is shielded, either physically or by use of any artifice, aid, or representation from any injury or misfortune which in the chance of war may occur.

(b) Knowledge. Actual knowledge is required, but may be proved by circumstantial evidence.

(5) Giving intelligence to the enemy.

(a) Nature of offense. Giving intelligence to the enemy is a particular case of corresponding with the enemy made more serious by the fact that the communication contains intelligence that may be useful to the enemy for any of the many reasons that make information valuable to belligerents. This intelligence may be conveyed by direct or indirect means.

(b) Intelligence. “Intelligence” imports that the information conveyed is true or implies the truth, at least in part.

(c) Knowledge. Actual knowledge is required but may be proved by circumstantial evidence.

(6) Communicating with the enemy.

(a) Nature of the offense. No unauthorized communication, correspondence, or intercourse with the enemy is permissible. The intent, content, and method of the communication, correspondence, or intercourse are immaterial. No response or receipt by the enemy is required. The offense is complete the moment the communication, correspondence, or intercourse issues from the accused. The communication, correspondence, or intercourse may be conveyed directly or indirectly. A prisoner of war may violate this Article by engaging in unauthorized communications with the enemy. See also paragraph 29c(3).

(b) Knowledge. Actual knowledge is required but may be proved by circumstantial evidence.

(c) Citizens of neutral powers. Citizens of neutral powers resident in or visiting invaded or occupied territory can claim no immunity from the customary laws of war relating to communication with the enemy.

Lesser included offense. For harboring or protecting the enemy, giving intelligence to the enemy, or communicating with the enemy. Article 80—attempts

Maximum punishment. Death or such other punishment as a court-martial or military commission may direct

Next Article > Article 105—Misconduct as a prisoner >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 28

[OldCorps]

ok guys, i'm going to go out on a limb here:

I've seen the FBI and ATF trump up evidence just to get leverage on the defendent. Remember Randy Weaver? How about Waco? So I'm a little skeptical about any 'evidence' those two august agencies of the big G come up with. Lets see the pictures of the doucments he supposedly had. Are they stamped with security classifications? Were there coversheets? All the reporting i've seen is long on generalizations and short on specifics.

However, if the army brings out the evidence, I'd be willing to believe them more because they don't have any axe to grind. I think the army will want justice more than just trying to get political advantage.

Furthemore, Captain Yee is a West Point graduate. Having spent some years there myself, i really find it hard to believe that any graduate would commit treason. Its just inconceivable. Now I know i'll be flamed for being naive or whatever, but I can't think back to any time in the history of West Point graduates where someone was guilty of treason! Never. Of course you will find a few crimes of passion.

So, before we all jump to conclusions, I'm going to wait till the evidence comes out before I join in the cry for his head.

Flame away,
regards,

[Travis McGee]

Well, once you're done with them, I like the idea of leaving them hanging to rot as crow food near crossroads.

To encourage the others.

[Happy2BMe]

My guess is Yee was "aiding and abetting" not just the ragheads at Gitmo, but even more significantly, he was aiding the "enemy at large" (e.g., Al Qaeda) by transferring critical information back and forth.

These are critical articles that will hang this SOB!:

Elements.

(1) Aiding the enemy.

(a) That the accused aided the enemy; and

(b) That the accused did so with certain arms, ammunition, supplies, money, or other things.

(2) Attempting to aid the enemy.

(a) That the accused did a certain overt act;

(b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;

(c) That the act amounted to more than mere preparation; and

(d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.

[Travis McGee]

No traitors from West Point? Criminy! West Point is where he was introduced to Mad Mo's Insane Murder Cult! In class!

[Robert A. Cook, PE]

What's his converted name?

"Yee" doesn't follow the pattern of NAY Islamic extremist in the US.

(But then again, the mass dnc media wouldn't want us to realize that his extremism IS the result of his islamic training ...)

[navyblue]

How about Benedict Arnold?

[navyblue]

Fox news had a tape of this guy speaking to some troops. Not really sure, but I think this guy has an accent. Maybe a naturalized citizen? If so, I wonder how well he was veted before going to USMA?

[Fred Mertz]

His birth name was James Joseph Lee.

His name after his conversion (date unknown) was Yousef or Youseff Lee. I've seen it written both ways.

[Happy2BMe]

No flames here, bud.

I've known several W.P. grads and I'd stake my life on their credibility.

However - they were not driven by the edicts of the Koran.

The Army CID apparently got a huge dose of the goods on Yee.

Supposedly, Yee was an informant and an operative for the Al Qaeda.

This story won't break as fast as the press wants it to.

Example: What happened to the Muslim who killed numerous - multiple U.S. servicemen just before we attacked Baghdad?

See. Even though we know for sure he was guilty, and not only that - guilty of multiple murders punishable by death, his case is sealed from the public.

I don't expect too much more to come out in the open as would be the case in a civilian matter.

Plus, this is a matter of national security, which is covered under military law and not civilian law.

FReep on!

[Fred Mertz]

All reports call him a Chinese American by birth. His hometown is Springfield, NJ. He wrestled on the varsity team at West Point in the 130 lb. or so weight class.

I believe his family was Lutheran, as was he until his dabbling and conversion.

[Happy2BMe]

"(But then again, the mass dnc media wouldn't want us to realize that his extremism IS the result of his islamic training ...)"

You know, it sounds funny, but this really isn't that far from the (politically correct truth).

I have to give DUBYA a SOLID ROUND OF APPLAUSE for having the stones to make the decision to get this SOB!

(And make no mistake - Dubya scrubbed this dog with a fine-toothed comb before he made the decision - and it WAS DUBYA who gave the authorization to arrest this officer.)

Question: If this had gone down during a Democratic president's regime, would it (the arrest) have ever been allowed to happen?

[OldCorps]

"How about Benedict Arnold?"

Cute! Although USMA is much older and has much more tradition than the Naval Academy, it doesn't go back to the revolution. I was founded in 1802, AFTER the revolution. Yes, Benedict Arnold sold the plans for the pieces of silver, but obviously the academy didn't exist at the time.

[Happy2BMe]

"If so, I wonder how well he was veted before going to USMA?"

Damn good question. He is from New Jersey.

Bet there are some N.J. congressmen with tweaking arseholes about now.

[Valin]

If he's convicted put him in Marion.

[Happy2BMe]

US Army Muslim chaplain 'spying'
September 21, 2003

A MUSLIM chaplain for the US Army who worked with suspected al-Qaeda militants in Guantanamo Bay, Cuba, has been arrested in the United States on suspicion of espionage, US government officials said.

Southern Command spokesman Captain Thomas Crosson identified the man as Captain James Yee, a West Point graduate, who has been in military custody since September 10.

"There is an ongoing investigation, and no charges have been filed against Captain Yee," he pointed out.

Crosson declined to comment on the reasons behind Yee's arrest, which had occurred as the chaplain stepped off a plane that had arrived from Guantanamo at Jacksonville Naval Air Station in Florida.

But another US government official, who spoke to AFP on condition of anonymity, said the main suspicion was espionage.

[Robert A. Cook, PE]

Techincally, the "Fort" itself (or series of gun emplacements, chains, and forts on both sides of the Hudson at what was called West Point) was definitely in place during the revolutionary war.

After all, Arnold WAS responsible for its creation, manning, guns, and command!

True, the remaining barracks and structures were used in 1802 to start the engineering school for officers that became "West Point."

[river rat]

"I'm waiting for details".

Since this clown is a citizen, I suspect the Government will be forced to release enough information to keep him detained for a long time...

One of the charges already made public, is that he carried a list of Gitmo "detainees and a list of U.S. personnel".

Both would have been of value - ONLY to the enemy.

That alone, if true -- will fry his ass.

Semper Fi