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Report by the Military and Veterans Affairs Committee and the Task Force on the Rule of Law Condemning Presidential Pardons of Accused and Convicted War Criminals
CONTACT POLICY DEPARTMENT ELIZABETH KOCIENDA 212.382.4788 | [email protected] MARY MARGULIS-OHNUMA 212.382.6767 | [email protected] REPORT BY THE MILITARY AND VETERANS AFFAIRS COMMITTEE AND THE TASK FORCE ON THE RULE OF LAW CONDEMNING PRESIDENTIAL PARDONS OF ACCUSED AND CONVICTED WAR CRIMINALS On May 6, 2019 and November 15, 2019, President Trump pardoned three Army officers convicted or accused of war crimes: (i) First Lieutenant (“1LT”) Michael Behanna, who was convicted of executing a prisoner he was ordered to release, (ii) 1LT Clint Lorance, who was convicted of numerous crimes, including the murder of two men his soldiers agreed posed no threat to them, and (iii) Major (“MAJ”) Mathew Golsteyn, who was about to stand trial for the murder of a suspected Taliban bombmaker he was ordered to release — and who MAJ Golsteyn repeatedly confessed to killing. The pardoning of military members convicted or accused of battlefield murders appears to be unprecedented in American history.1 These pardons were deeply opposed by many top military commanders because there was no justifiable basis for them, such as a legitimate claim of innocence.2 As former Marine Corps Commandant Charles Krulak stated before the pardons occurred, “[i]f President Trump follows through on reports that he will . pardon[] individuals accused or convicted of war crimes, he will betray [our] ideals and undermine decades of precedent in American military justice that has contributed to making our country’s fighting forces the envy of the world.”3 And as the head of U.S. Army Special Operations Command recently stated in a memo rejecting MAJ Golsteyn’s request to reinstate his Special Warfare tab, President Trump’s preemptive pardon “does not erase or expunge the record of offense charges and does not indicate [MAJ Golsteyn’s] innocence.”4 Instead, what underlies these pardons are President Trump’s misguided views that the 1 The closest example appears to be 2LT William L. -
Copyright by John Michael Meyer 2020
Copyright by John Michael Meyer 2020 The Dissertation Committee for John Michael Meyer Certifies that this is the approved version of the following Dissertation. One Way to Live: Orde Wingate and the Adoption of ‘Special Forces’ Tactics and Strategies (1903-1944) Committee: Ami Pedahzur, Supervisor Zoltan D. Barany David M. Buss William Roger Louis Thomas G. Palaima Paul B. Woodruff One Way to Live: Orde Wingate and the Adoption of ‘Special Forces’ Tactics and Strategies (1903-1944) by John Michael Meyer Dissertation Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy The University of Texas at Austin May 2020 Dedication To Ami Pedahzur and Wm. Roger Louis who guided me on this endeavor from start to finish and To Lorna Paterson Wingate Smith. Acknowledgements Ami Pedahzur and Wm. Roger Louis have helped me immeasurably throughout my time at the University of Texas, and I wish that everyone could benefit from teachers so rigorous and open minded. I will never forget the compassion and strength that they demonstrated over the course of this project. Zoltan Barany developed my skills as a teacher, and provided a thoughtful reading of my first peer-reviewed article. David M. Buss kept an open mind when I approached him about this interdisciplinary project, and has remained a model of patience while I worked towards its completion. My work with Tom Palaima and Paul Woodruff began with collaboration, and then moved to friendship. Inevitably, I became their student, though they had been teaching me all along. -
Thejewish Thejewish
THE JEWISH VETERAN Volume 71 • Number 4 • 2017 JWV and Lack of Accountability at the Department of the VA Veterans Affairs Leaves Veterans Flabbergasted Page 14 By Lance Wang, Editor I had the opportunity to interact with limitation of their system, and share my NAZIS ARE NOT the Veterans’ Administration while in frustration. I don’t blame them. WELCOME IN AMERICA! uniform, much more so since retiring Why is it so difficult to bring the from the Army. As with any large or- problems in the VA to solution stages? Commentary By ganization I’ve encountered good and For years the VA has been neither fish PNC Dr. Robert Pickard bad. Certainly the good is the dedicated nor fowl – it did not have the account- functionaries who I encounter, many of ability nor true profit motive that civil- Page 4 whom are themselves veterans. I also ian medical agencies have, nor did it have been particularly pleased with the have the discipline to which a military service of a nearby VA Community- agency was subjected. It was designed Register Now! Based Outreach Clinic which provides to replace a 19th century system which responsiveness that I’ve never encoun- largely put the onus on charitable or- tered from a big city VA facility. They ganizations and local communities to have provided more continuity of care care for veterans. It was never fully re- than I encountered in the military or the sourced to perform its mission, result- The workload for the VA has only civilian world. However the “bad” side ing in fraud and scandals like we saw increased since the editorial was writ- has certainly made itself known. -
Left in the Dark
LEFT IN THE DARK FAILURES OF ACCOUNTABILITY FOR CIVILIAN CASUALTIES CAUSED BY INTERNATIONAL MILITARY OPERATIONS IN AFGHANISTAN Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2014 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2014 Index: ASA 11/006/2014 Original language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo: Bodies of women who were killed in a September 2012 US airstrike are brought to a hospital in the Alingar district of Laghman province. © ASSOCIATED PRESS/Khalid Khan amnesty.org CONTENTS MAP OF AFGHANISTAN .......................................................................................... 6 1. SUMMARY ......................................................................................................... 7 Methodology .......................................................................................................... -
U.S. Recognition of a Commander's Duty to Punish War Crimes
U.S. Recognition of a Commander’s Duty to Punish War Crimes Brian Finucane 97 INT’L L. STUD. 995 (2021) Volume 97 2021 Published by the Stockton Center for International Law ISSN 2375-2831 U.S. Recognition of a Duty to Punish War Crimes Vol. 97 U.S. Recognition of a Commander’s Duty to Punish War Crimes Brian Finucane∗ CONTENTS I. Introduction ............................................................................................. 996 II. War Crimes and Command Responsibility ......................................... 997 III. U.S. Recognition of the Duty to Punish .............................................. 998 A. U.S. Articles of War...................................................................... 998 B. Proposed Post-World War I War Crimes Tribunal ............... 1000 C. Post-World War II War Crimes Trials .................................... 1002 D. U.S. Army Field Manual and the Necessary and Reasonable Standard .................................................................. 1004 E. Codifications of the Duty to Punish and U.S. Views ............ 1005 IV. Contrary Evidence ................................................................................ 1017 V. Conclusion ............................................................................................. 1017 ∗ I thank Ian Brasure, Eugene Fidell, Ryan Goodman, Chris Jenks, and Michael Meier for their thoughtful comments. Any errors are my own. This article is adapted from Brian Finucane, A Commander’s Duty to Punish War Crimes: Past U.S. Recognition, JUST -
Tax Return Filing Instructions
TAX RETURN FILING INSTRUCTIONS FORM 990 FOR THE YEAR ENDING ~~~~~~~~~~~~~~~~~SEPTEMBER 30, 2016 Prepared for THE RONALD REAGAN PRESIDENTIAL FOUNDATION AND INSTITUTE 40 PRESIDENTIAL DRIVE NO. 200 SIMI VALLEY, CA 93065-0600 Prepared by ROSE, SNYDER & JACOBS, LLP 15821 VENTURA BLVD, SUITE 490 ENCINO, CA 91436 Amount due NOT APPLICABLE or refund Make check payable to NOT APPLICABLE Mail tax return and check (if applicable) to NOT APPLICABLE Return must be mailed on NOT APPLICABLE or before Special THIS RETURN HAS BEEN PREPARED FOR ELECTRONIC FILING. IF YOU Instructions WISH TO HAVE IT TRANSMITTED ELECTRONICALLY TO THE IRS, PLEASE SIGN, DATE, AND RETURN FORM 8879-EO TO OUR OFFICE. WE WILL THEN SUBMIT THE ELECTRONIC RETURN TO THE IRS. DO NOT MAIL A PAPER COPY OF THE RETURN TO THE IRS. 500941 04-01-15 IRS e-file Signature Authorization OMB No. 1545-1878 Form 8879-EO for an Exempt Organization For calendar year 2015, or fiscal year beginningOCT 1 , 2015, and ending SEP 30 ,20 16 2015 Department of the Treasury | Do not send to the IRS. Keep for your records. Internal Revenue Service | Information about Form 8879-EO and its instructions is at www.irs.gov/form8879eo. Name of exempt organization Employer identification number THE RONALD REAGAN PRESIDENTIAL FOUNDATION AND INSTITUTE 77-0054631 Name and title of officer JERRY ZUK CHIEF FIN OFFICER Part I Type of Return and Return Information (Whole Dollars Only) Check the box for the return for which you are using this Form 8879-EO and enter the applicable amount, if any, from the return. -
Military History
Save up to 80% off cover prices on these subjects: Air Combat & Aircraft ···················45 Military Modeling·······················68 American Military History··················8 Naval History ·························59 American Revolution ····················10 Notable Military Units····················57 British Military History ···················67 Spies & Espionage ·····················65 Civil War ·····························12 Uniforms, Markings & Insignia ·············56 Cold War ····························66 Vietnam War ··························15 European Warfare ······················67 WW I & WW II Battles & Campaigns ·········34 Fortresses & Castles ····················59 WW I & WW II Commanders & Units ········39 General Military History ···················2 WW I & WW II Diaries & Memoirs···········30 History of Warfare······················63 WW I & WW II Naval History ··············41 Hitler & the Nazis·······················26 WW I & WW II Spies & Espionage ··········44 Holocaust ····························29 War on Terror ·························67 Korean War···························15 Wartime Journalism ····················64 Military Collectibles ·····················68 Weapons & Military Technology ············58 Military Leaders························69 World War I & World War II ···············18 Current titles are marked with a «. 3891682 SWORD TECHNIQUES OF MUSASHI AND THE OTHER SAMURAI General Military History MASTERS. By Fumon Tanaka. An internationally LIMITED QUANTITY 4724720 SILENT AND renowned -
Articles Strengthening American War Crimes
ARTICLES STRENGTHENING AMERICAN WAR CRIMES ACCOUNTABILITY GEOFFREY S. CORN AND RACHEL E. VANLANDINGHAM* The United States needs to improve accountability for its service members’ war crimes. President Donald J. Trump dangerously intensified a growing national misunderstanding regarding the critical nexus between compliance with the laws of war and the health and efficacy of the U.S. military. This Article pushes back against such confusion by demonstrating why compliance with the laws of war, and accountability for violations of these laws, together constitute vital duties owed to our women and men in uniform. This Article reveals that part of the fog of war surrounding criminal accountability for American war crimes is due to structural defects in American military law. It analyzes such defects, including the military’s failure to prosecute war crimes as war crimes. It carefully highlights the need for symmetry between the disparate American approaches to its enemies’ war crimes and its own service members’ battlefield offenses. To help close the current war crimes accountability deficit, we propose a comprehensive statutory remedial scheme that includes: the enumeration of specific war crimes for military personnel analogous to those applicable to unlawful enemy * Geoffrey S. Corn is The Gary A. Kuiper Distinguished Professor of National Security at South Texas College of Law Houston. Rachel E. VanLandingham is a Professor of Law at Southwestern Law School in Los Angeles, California. They teach criminal law, criminal procedure, national security law, and the law of armed conflict. They are each former military lawyers and retired Lieutenant Colonels in the U.S. Army and U.S. -
JOINT FORCE QUARTERLY ISSUE NINETY-NINE, 4TH QUARTER 2020 Joint Force Quarterly Founded in 1993 • Vol
Issue 99, 4th Quarter 2020 JOINT FORCE QUARTERLY Social Media Weaponization A Brief History of the ISSUE NINETY-NINE, 4 ISSUE NINETY-NINE, Insurrection Act 2020 Essay Competition Winners TH QUARTER 2020 Joint Force Quarterly Founded in 1993 • Vol. 99, 4th Quarter 2020 https://ndupress.ndu.edu GEN Mark A. Milley, USA, Publisher VADM Frederick J. Roegge, USN, President, NDU Editor in Chief Col William T. Eliason, USAF (Ret.), Ph.D. Executive Editor Jeffrey D. Smotherman, Ph.D. Senior Editor and Director of Art John J. Church, D.M.A. Internet Publications Editor Joanna E. Seich Copyeditor Andrea L. Connell Associate Editors Jack Godwin, Ph.D. Brian R. Shaw, Ph.D. Book Review Editor Brett Swaney Creative Director Marco Marchegiani, U.S. Government Publishing Office Advisory Committee BrigGen Jay M. Bargeron, USMC/Marine Corps War College; RDML Shoshana S. Chatfield, USN/U.S. Naval War College; BG Joy L. Curriera, USA/Dwight D. Eisenhower School for National Security and Resource Strategy; Col Lee G. Gentile, Jr., USAF/ Air Command and Staff College; Col Thomas J. Gordon, USMC/ Marine Corps Command and Staff College; Ambassador John Hoover/College of International Security Affairs; Cassandra C. Lewis, Ph.D./College of Information and Cyberspace; LTG Michael D. Lundy, USA/U.S. Army Command and General Staff College; MG Stephen J. Maranian, USA/U.S. Army War College; VADM Stuart B. Munsch, USN/The Joint Staff; LTG Andrew P. Poppas, USA/The Joint Staff; RDML Cedric E. Pringle, USN/ National War College; Brig Gen Michael T. Rawls, USAF/Air War College; MajGen W.H. -
Congressional Record—House H8876
H8876 CONGRESSIONAL RECORD — HOUSE November 14, 2019 Clint Lorance, hoping that the Presi- them back. Use your money from de- ance Corporation, transmitting the Corpora- dent will act. Apparently got slowed fense. Use that not in courts-martial tion’s final rule — Resolution Plans Re- down by the Defense Secretary jump- but here in the United States in a civil quired (RIN: 3064-AE93) received November 7, ing in. court, and that will solve the problem. 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the John Hatley, a first sergeant, two Mr. Speaker, I yield back the balance Committee on Financial Services. bronze stars, He should have gotten a of my time. 2946. A letter from the Director, Office of silver star, but that was apparently f Legislative Affairs, Federal Deposit Insur- pulled as a recommendation. ance Corporation, transmitting the Corpora- Michael Behenna, Corey Clagett, we RECOGNIZING SALEM MEDICAL tion’s final rule — Changes to Applicability have got a whole bunch of folks, and we CENTER Thresholds for Regulatory Capital and Li- have a Congressional Justice for War- (Mr. VAN DREW asked and was given quidity Requirements (RIN: 3064-AE96) re- riors Caucus here that is working on permission to address the House for 1 ceived November 7, 2019, pursuant to 5 U.S.C. minute and to revise and extend his re- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 this. Stat. 868); to the Committee on Financial And we have got a guy who recog- marks.) Services. -
Strategic Studies Quarterly Summer 2021 Vol 15, No. 2
SUMMER 2021 Vol. 15, No. 2 Civil- Military Relations: “What Does It Mean?” Martin E. Dempsey FEATURE ARTICLE CMR in the United States: What Senior Leaders Need to Know (and Usually Don’t) Peter D. Feaver Richard H. Kohn The Line Held: CMR in the Trump Administration Kori Schake An “Unprincipled Principal”: Implications for Civil- Military Relations Pauline Shanks Kaurin Through the Looking Glass: Trump- Era CMR in Comparative Perspective Risa Brooks Maximum Toxicity: Civil- Military Relations in the Trump Era Mackubin Thomas Owens Trump’s Generals: A Natural Experiment in Civil- Military Relations James Joyner ONLINE ONLY Uncivil-Military Relations: Politicization of the Military in the Trump Era Jim Golby Strategic Studies SSQ Quarterly Chief of Staff, US Air Force Gen Charles Q. Brown, Jr., USAF Chief of Space Operations, US Space Force Gen John W. Raymond, USSF Commander, Air Education and Training Command Lt Gen Marshall B. Webb, USAF Commander and President, Air University Lt Gen James B. Hecker, USAF Director, Academic Services Mehmed Ali, PhD Director, Air University Press Maj Richard T. Harrison, USAF Guest Editor Dr. Jim Golby Managing Editor Print Specialist Illustrator Jeanne K. Shamburger Megan N. Hoehn Daniel M. Armstrong Advisers Contributing Editors Gen Michael P. C. Carns, USAF, Retired David C. Benson, PhD James W. Forsyth, PhD Mark J. Conversino, PhD Christina Goulter, PhD Kelly A. Grieco, PhD Christopher J. Bowie, PhD Michael R. Kraig, PhD Jay P. Kesan, PhD Dawn C. Murphy, PhD Charlotte Ku, PhD David D. Palkki, PhD Martin C. Libicki, PhD Nicholas M. Sambaluk, PhD Wendy Whitman Cobb, PhD https://www.af.mil/ https://www.spaceforce.mil/ https://www.aetc.af.mil/ https://www.airuniversity.af.edu/ Strategic Studies Quarterly An Air Force–Sponsored Strategic Forum on National and International Security SUMMER 2021 VOL. -
MICHAEL C. BEHENNA, Petitioner, V. UNITED STATES
No. 12-___ IN THE MICHAEL C. BEHENNA, Petitioner, v. UNITED STATES, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Armed Forces PETITION FOR A WRIT OF CERTIORARI RICHARD SEAMON JEFFREY L. FISHER University of Idaho Counsel of Record College of Law 559 Nathan Abbott Way 875 Perimeter Drive Stanford, CA 94305 Moscow, ID 83844 (650) 724-7081 [email protected] DONALD G. REHKOPF, JR. Brenna, Brenna & JOSEPH THAI Boyce, PLLC University of Oklahoma 31 E. Main St., Suite 2000 College of Law Rochester, NY 14614 300 Timberdell Road Norman, OK 73019 CAPTAIN JAMES P. CURTIN Judge Advocate, U.S. Army Defense Appellate Division 9275 Gunston Road Fort Belvoir, VA 22060 QUESTION PRESENTED Whether a servicemember in a combat zone categorically forfeits the right to self-defense as a matter of law by pointing a firearm without authorization at a suspected enemy. ii TABLE OF CONTENTS QUESTION PRESENTED ..................................................................... i TABLE OF AUTHORITIES ................................................................. iv PETITION FOR A WRIT OF CERTIORARI ................................... 1 OPINIONS BELOW ................................................................................ 1 JURISDICTION ........................................................................................ 1 REGULATIONS INVOLVED ............................................................... 1 INTRODUCTION ...................................................................................