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THE ARMY LAWYER ARTICLES Operational Law in Practice: Observations from the Mission Command Training Program Lieutenant Colonel Christopher M. Ford Non-Lethal Weapons and the Law of Armed Conflict: Minimizing Civilian Casualties on the Battlefield Major Mark E. Gardner TJAGLCS FEATURES Lore of the Corps A Deserter and a Traitor: The Story of Lieutenant Martin J. Monti, Jr., Army Air Corps BOOK REVIEW The Billion Dollar Spy Reviewed by Lieutenant Commander Jeffery C. Barnum, USCG 9 Presidents Who Screwed Up America and Four Who Tried to Save Her Reviewed by Major Daniel M. Curley Judge Advocate General’s Corps Professional Bulletin 27-50-16-12 December 2016 Editor, Captain Cory T. Scarpella Contributing Editor, Major Laura A. O’Donnell Legal Editor, Mr. Sean P. Lyons The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Authors should revise their own writing before submitting it for by The Judge Advocate General’s Legal Center and School, Charlottesville, publication, to ensure both accuracy and readability. The style guidance in Virginia, for the official use of Army lawyers in the performance of their legal paragraph 1-36 of Army Regulation 25-50, Preparing and Managing responsibilities. Correspondence, is extremely helpful. Good writing for The Army Lawyer is concise, organized, and right to the point. It favors short sentences over The opinions expressed by the authors in the articles do not necessarily long and active voice over passive. 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This includes any subset of Army lawyers, from new legal assistance on the World Wide Web by registered users at http:// attorneys to staff judge advocates and military judges. The Army Lawyer strives www.jagcnet.army.mil/ArmyLawyer and at the Library of Congress website to cover topics that come up recurrently and are of interest to the Army JAGC. at http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. Prospective authors should search recent issues of The Army Lawyer to see if their topics have been covered recently. Articles may be cited as: [author’s name], [article title in italics], ARMY LAW., [date], at [first page of article], [pincite]. Lore of the Corps A Deserter and a Traitor: The Story of Lieutenant Martin J. Monti, Jr., Army Air Corps .............1 Articles Operational Law in Practice: Observations from the Mission Command Training Program Lieutenant Colonel Christopher M. Ford ..............................................................................................5 Non-Lethal Weapons and the Law of Armed Conflict: Minimizing Civilian Casualties on the Battlefield Major Mark E. Gardner .......................................................................................................................18 TJAGLCS Features Book Review The Billion Dollar Spy Reviewed by Lieutenant Commander Jeffery C. Barnum, USCG ........................................................29 9 Presidents Who Screwed Up America and Four Who Tried to Save Her Reviewed by Major Daniel M. Curley ................................................................................................. 33 DECEMBER 2016 • THE ARMY LAWYER • JAG CORPS PROFESSIONAL BULLETIN 27-50-16-12 Lore of the Corps A Deserter and a Traitor: The Story of Lieutenant Martin J. Monti, Jr., Army Air Corps By Fred L. Borch Regimental Historian and Archivist On October 2, 1944, Second Lieutenant (2LT) Martin J. worldview, these may be the best explanation for what Monti, Jr. deserted from his unit in Karachi, India. He was happened. apprehended thousands of miles away, in Bari, Italy, on May 14, 1945 and was court-martialed for desertion and larceny In late November 1942, Monti enlisted as an aviation three months later. An officer panel found him guilty and cadet in the U.S. Army Air Forces. He reported as an air cadet sentenced Monti to fifteen years confinement at hard labor.1 to Jefferson Barracks, Missouri in February 1943 and eventually qualified as a fighter pilot in both the Lockheed P- A little more than three years later, in October 1948, 38 Lightning and the Bell P-39 Airacobra.5 In August 1944, Monti was indicted by a Federal grand jury for the crime of now Second Lieutenant (2LT) Monti reported for duty with treason. In January 1949, he pleaded the 126th Replacement Depot in guilty to the offense in U.S. District Karachi, India.6 Court in New York City, and was sentenced to 25 years imprisonment.2 Sometime after arriving in India, What follows is the amazing but true Monti decided to desert and defect to story of Monti’s desertion and treason, the Germans. On October 2, 1944, the and his trial by both court-martial and now 22-year-old Monti talked his way Federal civilian court. onto a C-46 transport plane and flew from Karachi to Cairo. Although he Born near St. Louis, Missouri, in had no official travel orders, or any October 1921, Martin James Monti, Jr. paperwork indicating he was assigned was one of seven children. His parents, to a unit in Europe, 2LT Monti who were second generation Americans managed to get another flight from of Swiss-Italian and German ancestry, Egypt to Tripoli, and then still another apparently raised him “in an flight to Naples, Italy. Naples had environment later described as fervently been captured by the Allies only ten religious, strongly anti-communist, days earlier. laced with isolationist sentiments and opposed to the tenets of President Lieutenant Monti then went to the Franklin D. Roosevelt’s New Deal.”3 nearby Foggia airfield, which was now Monti’s views about life, people and the headquarters of the US Army Air politics also were shaped by Father Martin J. Monti, right, in light colored suit, is led Force’s 82d Fighter Group. He Charles Coughlin. Known as the from a federal court in Brooklyn after being reported to the commander, insisted sentenced to 25 years for treason. “Radio Priest” to his millions and that he wanted to fly in combat, and millions of listeners, Coughlin requested a transfer from his Karachi- broadcast weekly radio sermons in which he praised the based unit to the 82d. Monti received a “discouraging reply,” leaders of Nazi Germany and Fascist Italy while blaming which he concluded was equivalent of ‘no.’7 President Franklin D. Roosevelt, Jews, communists and capitalists for what ailed the United States.4 While there is no But Monti was persistent. He now went to another way to know whether Monti’s subsequent treason was the airfield near Naples, where the 354th Air Service Squadron direct result of his personal devotion to Coughlin, whom he visited in the summer of 1942, or his adherence to Coughlin’s 1 United States v. Monti, CM 291280, Records of the Office of the Judge 5 Monti, supra note 1, at 31, U.S. War Dep’t, Adj. Gen.’s Off. Form No. Advocate General, Record Group (RG) 153, National Archives and Records 115, Charge Sheet. Administration. 6 Today, Karachi is located in Pakistan. In 1944, however, Pakistan did not 2 United States v. Monti, 100 F. Supp. 209 (E.D.N.Y. 1951). exist as an independent nation. 3 Ron Soodalter, A Yank in the SS, MILITARY HISTORY, Jan. 2017, at 40, 7 Monti, supra note 1, Statement, Captain Louis S. Wilkerson, Investigating 42. Officer, Subject: Interrogation of 2LT Monti by U.S. CID Special Agent Anthony Cuomo, May 14, 1945. 4 Id. DECEMBER 2016 • THE ARMY LAWYER • JAG CORPS PROFESSIONAL BULLETIN 27-50-16-12 1 was headquartered. This unit’s mission was to repair and test was being moved by train to yet another camp, he escaped. aircraft before they were sent to air combat units. He “roamed the countryside” and received help from Italian partisans, who dressed him in a German uniform so that he Amazingly, 2LT Monti convinced the American military could more easily travel through Axis-held territory and personnel at the 354th that he was a pilot from the nearby 82d return to Allied lines.12 and asked to take a Lockheed F-5E Lightning up for a “test flight.” When told he would need to get permission for such a flight, Monti instead simply climbed into the cockpit of an F-5E, taxied out the runway, and took off.8 Once in the air, Monti flew north to German-occupied Milan.