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United States Army Court of Criminal Appeals
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before TOZZI, COOK, and MAGGS1 Appellate Military Judges UNITED STATES, Appellee v. Private First Class LYNNDIE R. ENGLAND United States Army, Appellant ARMY 20051170 Headquarters, III Corps and Fort Hood James Pohl, Military Judge Colonel Clyde J. Tate, II, Staff Judge Advocate (pretrial) Colonel Mark Cremin, Staff Judge Advocate (post-trial) For Appellant: Major Timothy W. Thomas, JA (argued); Colonel Christopher J. O’Brien, JA; Captain Frank B. Ulmer, JA (on brief). For Appellee: Captain Nicole L. Fish, JA (argued); Colonel Denise R. Lind, JA; Lieutenant Colonel Mark H. Sydenham, JA; Major Christopher B. Burgess, JA; Captain Nicole L. Fish, JA (on brief). 10 September 2009 ---------------------------------- MEMORANDUM OPINION ---------------------------------- This opinion is issued as an unpublished opinion and, as such, does not serve as precedent. TOZZI, Senior Judge: An officer panel sitting as a general court-martial convicted appellant, contrary to her pleas, of one specification of conspiracy to commit maltreatment, four specifications of maltreatment, and one specification of indecent acts with another, in violation of Articles 81, 93, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 893, and 934 [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a dishonorable discharge, three years confinement, and reduction to Private E1. The convening authority also waived 1 Judge MAGGS took final action in this case while on active duty. ENGLAND – ARMY 20051170 automatic forfeitures and credited appellant with ten days of confinement credit against the approved sentence to confinement. On appeal, appellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness, in the alternative; and (3) information about an Article 15, UCMJ, was erroneously included in the staff judge advocate’s recommendation (SJAR). -
Ncos Stepping up to Lead - Page 14 COMMENTARY Thoughts for the New Year – Today by Col
C M Y K Vol. 36, No. 06 Friday, February 6, 2009 NCOs stepping up to lead - page 14 COMMENTARY Thoughts for the New Year – today by Col. William Francis deep breath and said that he had to get back 6th Mission Support Group Commander to his load as he had a ways to go before he could stop for the day. He bent down picked The other day I saw a man pulling a trail- up the trailer and strained off into the dis- er fully loaded down the slow lane of Dale tance. As I watched him slowly fade from Mabry, he was struggling mightily against sight I wondered how long it would take an unbelievable load and so I pulled over him to get where he was going and why he and approached him. As I got close, he was did not just stop, put the trailer down and breathing hard, sweat dripping from his face, leave his burdens right there on the side of his clothes drenched with sweat and I asked the road. And then I realized that I have to him if he needed help, if he was OK. He fight not to do the same thing, I do not actu- said, he was fine, that he did not need any ally pull around a heavily loaded old trailer help and in fact that he did this everyday (and thankfully there is not a man pulling throughout the year. At this point he pulled a trailer everyday down Dale Mabry) but I the trailer off of the road out of traffic, wiped will cling to things that slow me, that burden his brow and explained to me that when me, that discourage me if I am not careful. -
Gentlemen Under Fire: the U.S. Military and Conduct Unbecoming
Minnesota Journal of Law & Inequality Volume 26 Issue 1 Article 1 June 2008 Gentlemen under Fire: The U.S. Military and Conduct Unbecoming Elizabeth L. Hillman Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Elizabeth L. Hillman, Gentlemen under Fire: The U.S. Military and Conduct Unbecoming, 26(1) LAW & INEQ. 1 (2008). Available at: https://scholarship.law.umn.edu/lawineq/vol26/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Gentlemen Under Fire: The U.S. Military and "Conduct Unbecoming" Elizabeth L. Hillmant Introduction ..................................................................................1 I. Creating an Officer Class ..................................................10 A. "A Scandalous and Infamous" Manner ...................... 11 B. The "Military Art" and American Gentility .............. 12 C. Continental Army Prosecutions .................................15 II. Building a Profession .........................................................17 A. Colonel Winthrop's Definition ...................................18 B. "A Stable Fraternity" ................................................. 19 C. Old Army Prosecutions ..............................................25 III. Defending a Standing Army ..............................................27 A. "As a Court-Martial May Direct". ............................. 27 B. Democratization and its Discontents ........................ 33 C. Cold War Prosecutions ..............................................36 -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
'Islamic State' (ISIS)
Issue 23, April 2018 Middle East: The Origins of the ‘Islamic State’ (ISIS) Mediel HOVE Abstract. This article examines the origins of the ‘Islamic State’ or the Islamic State of Iraq and Sham or Levant (ISIS) in light of the contemporary political and security challenges posed by its diffusion of Islamic radicalism. The Arab Spring in 2011 ignited instability in Syria providing an operational base for the terrorist group to pursue its once abandoned Islamic state idea. Its growth and expansion has hitherto proved to be a threat not only to the Middle East but to international security given its thrust on world domination. It concludes that the United States of America’s activities in the Middle East were largely responsible for the rise of the Islamic State. Keywords: Islamic state, Islamic radicalism, international security, Middle East. Introduction The goal of this article was to examine the origins of the “Islamic State” (IS) or the Islamic State of Iraq and Sham (Syria) (ISIS), the Islamic State of Iraq and the Levant (ISIL) in light of the contemporary political Mediel HOVE and security challenges posed by its diffu- Research Associate, sion of Islamic radicalism in a drive to estab- International Centre for Nonviolence, lish the Islamic State in Syria and Iraq. This Durban University of Technology, is important given the fact that the roots of Durban, South Africa, and ISIS are under-examined in academic litera- Senior Lecturer, ture although they are tangentially covered History Department, University of Zimbabwe in the media. This study augments those E-mail: [email protected] studies that have attempted to examine the roots of ISIS such as Gulmohamad (2014). -
The Future of ISIS
Analysis This article examines hypotheses regarding the fate of ISIS, based The Future of ISIS: Strengths on studying and analyzing the conditions, mechanisms, and general features that characterized the organization and Weaknesses during the preceding period. This may help frame the discussion of future scenarios and the main Dynamics of the “Virtual variables of each of them. Caliphate” and the Gap in Neither international and regional policies, nor Arab Counterterrorism Strategies regimes, learned the lesson. They did not seek out the actual and objective causes and circumstances behind the rise of ISIS. The thinking of Dr. Muhammad Abu Rumman counterterrorism strategies and November 2020 policies was only to achieve military victories and security work both on the ground and virtually. 1 The Future of ISIS: Strengths and Weaknesses Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies Dr. Muhammad Abu Rumman November 2020 3 Abu Rumman, Muhammad “The Future of ISIS: Strengths and Weaknesses ... Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies” - Amman: Friedrich Ebert Foundation, 2020 Published in 2020 by Friedrich-Ebert-Stiftung, Jordan & Iraq FES Jordan & Iraq P.O. Box 941876 Amman 11194 Jordan Email: [email protected] Website: www.fes-jordan.org Not for Sale © Friedrich-Ebert-Stiftung All rights reserved. No part of this publication may be reprinted, reproduced or utilized in any form or by any means without prior written permission from the publishers. The views and opinions expressed in this publication are solely those of the original author. They do not necessarily represent those of the Friedrich-Ebert-Stiftung or the editor. -
A Rhetorical Analysis of the Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University
Wayne State University DigitalCommons@WayneState Wayne State University Dissertations 1-1-2010 The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Recommended Citation Durham Smith, Elizabeth Jane, "The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal" (2010). Wayne State University Dissertations. Paper 85. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. THE INTERSECTION OF IMAGE, RHETORIC AND WITNESSING: A RHETORICAL ANALYSIS OF THE ABU GHRAIB PRISONER ABUSE SCANDAL by ELIZABETH J. DURHAM SMITH DISSERTATION Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPY 2010 MAJOR: COMMUNICATION Approved by: ________________________________________ Advisor Date ________________________________________ ________________________________________ ________________________________________ ________________________________________ © COPYRIGHT BY ELIZABETH J. DURHAM SMITH 2010 All Rights Reserved DEDICATION Had it not been for these individuals, this journey would never have been undertaken or seen through -
A Decade After Abu Ghraib: Lessons in Softening up the Enemy and Sex-Based Humiliation
Minnesota Journal of Law & Inequality Volume 31 Issue 1 Article 1 June 2013 A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation Johanna Bond Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Johanna Bond, A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation, 31(1) LAW & INEQ. 1 (2013). Available at: https://scholarship.law.umn.edu/lawineq/vol31/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 1 A Decade After Abu Ghraib: Lessons In "Softening Up" The Enemy and Sex-Based Humiliation Johanna Bondi Introduction In April 2004, many in the United States and around the world watched with horror as the now-infamous photographs of torture and abuse at Abu Ghraib Prison emerged. The photos depicted images of U.S. soldiers engaged in torture and cruel, inhuman, and degrading treatment.! Among other things, the photos documented the sexual abuse and humiliation of Iraqi detainees in the prison.' The photographs depict naked detainees, some of whom were forced to engage in sex acts or simulated sex acts.3 Sworn statements of the detainees at Abu Ghraib reveal a pattern of abuse and degradation, including "details of how they were sexually humiliated and assaulted, threatened with rape, t. Johanna Bond, Associate Dean for Academic Affairs and Associate Professor of Law, Washington & Lee University School of Law. 1. Joshua L. Dratel, The Legal Narrative,in THE TORTURE PAPERS: THE ROAD To ABU GHRAIB xxi (Karen J. Greenberg & Joshua L. -
The Baghdad Security Plan Begins
A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM U.S. Army Sgt. Scott Monahan, a tactical human intelligence team leader, collects an entourage of children while on a civil affairs mission in the Rabi area of Adhamiyah, Baghdad, on February 26, 2007. February 10, 2007 – March 5, 2007 Enforcing the Law: The Baghdad Security Plan Begins by KIMBERLY KAGAN This report, the second in a series, describes the purpose, course, and results of Coalition operations in Baghdad during the fi rst three weeks of Operation Enforcing the Law (also known as the Baghdad Security Plan), from General Petraeus’ assumption of command on February 10, 2007, through March 5. It describes the fl ow of American and Iraqi forces into Baghdad; American and Iraqi command relationships; the efforts of those forces to prepare positions and develop intelligence in critical neighborhoods; the limited clearing operations that the forces already in Baghdad have conducted; and operations against the so-called Mahdi army, or Jaysh al Mahdi, in Baghdad. It describes and evaluates the apparent responses of the Jaysh al Mahdi and al Qaeda to these preparations and early operations, and highlights some of the differences between this operation and last year’s offensives in Baghdad, Operations Together Forward I and II. PAGE 1 • FEBRUARY 10, 2007 – MARCH 5, 2007 A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM Mission struction missions in Iraq. He requests troops resident Bush announced an increase for Iraq through the United States Central Com- in U.S. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, TUESDAY, MAY 10, 2005 No. 60 House of Representatives The House met at 12:30 p.m. clusions reached about Iraq’s weapons committees that deal with intelligence f of mass destruction programs. matters now. The committee could gar- The 9/11 Commission took the first ner input from various groups includ- MORNING HOUR DEBATES step in identifying what ails the intel- ing the intelligence community, other The SPEAKER. Pursuant to the ligence community, by pointing out governmental organizations such as order of the House of January 4, 2005, that it’s a community in name only. It CRO, CBO and GAO, and from outside the Chair will now recognize Members needs centralized direction and coordi- groups such as think tanks, former from lists submitted by the majority nation. The intelligence reform bill Members of Congress, and experts in and minority leaders for morning hour Congress enacted last year establishes the field. debates. The Chair will alternate rec- a director of national intelligence and Moreover, both the 9/11 Commission ognition between the parties, with each tries to address this problem. and the Robb-Silverman Commission party limited to not to exceed 30 min- I also believe that Congress did not made suggestions about how Congress utes, and each Member except the ma- challenge the intelligence community should reform itself to do a better job jority leader, the minority leader or aggressively enough before we invaded with intelligence issues. -
Standard Operating Procedure
Presents STANDARD OPERATING PROCEDURE A film by Errol Morris (117 mins, USA, 2008) Distribution Publicity Bonne Smith 1028 Queen Street West Star PR Toronto, Ontario, Canada, M6J 1H6 Tel: 416-488-4436 Tel: 416-516-9775 Fax: 416-516-0651 Fax: 416-488-8438 E-mail: [email protected] E-mail: [email protected] www.mongrelmedia.com High res stills may be downloaded from http://www.mongrelmedia.com/press.html 2 STANDARD OPERATING PROCEDURE Sony Pictures Classics and Participant Productions Present An Errol Morris Film Music by Danny Elfman, Production Designer, Steve Hardie, Edited by Andy Grieve, Steven Hathaway, and Dan Mooney Directors of Photography, Robert Chappell & Robert Richardson, ASC Executive Producers, Jeff Skoll, Diane Weyermann, Martin Levin, Julia Sheehan, and Robert Fernandez Produced by Julie Bilson Ahlberg Produced & Directed by Errol Morris 3 STANDARD OPERATING PROCEDURE Director’s Statement Is it possible for a photograph to change the world? Photographs taken by soldiers in Abu Ghraib prison changed the war in Iraq and changed America’s image of itself. Yet, a central mystery remains. Did the notorious Abu Ghraib photographs constitute evidence of systematic abuse by the American military, or were they documenting the aberrant behavior of a few “bad apples”? We set out to examine the context of these photographs. Why were they taken? What was happening outside the frame? We talked directly to the soldiers who took the photographs and who were in the photographs. Who are these people? What were they thinking? Over two years of investigation, we amassed a million and a half words of interview transcript, thousands of pages of unredacted reports, and hundreds of photographs. -
Taguba Annex 25-26
~ .~ : DATE: 28 JAN 04 FROM: SAC , ABO GRHUYEB PRISON COMPLEX (CID) TO: DIRECTOR , USACFC , USACIDC , FORT BELVOIR , VA COR, HQOSACIDC / /CIOP-ZA// COR , 10TH MP EN (CID) (ABN) (FWD) / /OPS!! COR , 3D MP GROUP (CID)//OPS// SJ1\, 410 LNO CT D , CJTF- 7 (FOR FURTHER DISTR IBUT ION) COR , 8 a OTH r1P BDE COR, 320TH MP BN COR , 20STH MI BDE SUBJECT: CID REPORT - 7TH STATUS/SSI - 0003- 04- C1 D~ 83130- 6CI SC2R/S Y2B/ 5Y2 01 SY2 E/ SX1 / 5M3 / SXS 1 SX7 DRAFTER: PIERON, TYLER M. RELEASER: ARTHUR , PAUL UNCLASSIFIED - FOR OFFICIA~ USE ONLY 1. DATES/TIMES/LOCATIONS OF OCCU~RENCES: . 10 SEP 03/0001 - 9 NOV 03/2400; WING 1A. I ' I' AREA, BAGHDAD CORRECTIONAL FACI~ITY , ABU GHRUYEB. T r 15 Jan 04/1520 - 19 Jan 04/2400; UNKNOWN L .,. IU\j BAGHDAD CORRECTIONAL FACILITY , ABU GHRUYEB, IRAQ 14 JAN 04/0656 - 14 ,TAN 04/1115; ABU GHRUJ OFFICE; ABU GHRUYEB I IRAQ DATE/TIME REPORTED: 13 JAN 04/221'1 3. INVESTIGATED BY: SA PAUL D. ARTHUR, 5474; SA Tl PIERON, 6128; SA ~~NORA 1EM, 5914; SA JAMES BOERNEF - . f; SA WARREN WORTH, 5434; SA SCOTT BOBECK , 5684 4. SUBJECT: 1. (ADDJ GRANER JR., CHARLES ALLAN; ; M; WHITE; ; PITTSBURG, PAl 37~ MILITARY POLICE COMPANY, CUMBERLAND , MD ~150?; CT; (DEPLOYED TO ABU GHRUYEB PRISON, IRAQ); (ASSAULT) , 'ECENT ACTS) (DERELICTION OF DUTYj (FAILURE TO OBEY AN OFU REGULATIONJ (CRUELTY AND MALTREATMENT) (CONSPIRA=~J V~ E~) ~' ENDANGERMENT J -; -; - . -~= 2. (ADD) FREDERICK II, IVAN LO~JELL; S ND t'-L ; M; WHITE; OAKLAND, IvJD; 372 L,p' POLICE COMPANY , CUMBERLAND, MD 21502; CT; (DEPLOYEC' GHRUYEB PRISON, IRAQ); lASSAUITj lINDECENT 1I,CTS I (DERELICTION OF DUTYj (FAILURE TO OBEY AN ORDER OR REGULATIONj (CRUELTY AND MALTREATMENTj (CONSPIRACY! (OBSTRUCTION OF JUSTICEj (RECKLESS E'.NDANGERMENT J 3.