Category: Legal

  • Kiriakou Gets 30 Months

    John Kiriakou, ex-CIA employee, has been sentenced to 30 months in prison.  His crime?  Violation of the Intelligence Identities Protection Act (IIPA).  This act was passed in reaction to the outing of Athens CIA Station Chief Richard Welch in 1975 – and whose exposure is believed to have contributed to his murder later that year.

    Kiriakou was the first individual ever convicted for violating the IIPA.  Although allegations were made against various parties regarding the Plame non-outing, no one was convicted of an IIPA violation in that case.  (Libby’s conviction in conjunction with the Plame investigation was not for a violation of the IIPA or for the disclosure of any classified information.  Hell, it appears that if anyone “outed” Plame – who was working openly at CIA HQ at the time of her alleged “outing” – it was her own husband Joe Wilson.  While Wilson was writing op-eds and doing the talk show circuit to undercut the Bush administration and curry favor with the Kerry campaign in early and mid 2003, he was apparently also telling pretty much anyone who would listen that his wife worked for the CIA for weeks before that fact was publicized by Novak.)

    However, unlike the Plame case, someone working undercover actually was exposed by Kiriakou,  Or to be more accurate:  it appears a number of persons working covertly for the CIA were outed by Kiriakou.  He gave the identities of at least 2 CIA agents whose identities were protected under the IIPA to members of the press. Prosecutors say evidence collected during the case indicates Kiriakou likely divulged the identities of “dozens” of personnel working for the agency.

    The sentence of 30 months was agreed to in a plea bargain, in which Kiriakou admitted to identifying one CIA operative whose identity and covert employment by the CIA was covered under the IIPA.  Not all persons working for the CIA are covered by the IIPA, but at least some of those individuals exposed by Kiriakou were.

    Why haven’t we heard a great “hue and cry” from the media about Kiriakou, like we did virtually nonstop about the Plame non-outing years ago?  Well, I can’t say for sure – but I have my own opinion.  Kiriakou also made public the details of al Zubaida’s enhanced interrogation, including the fact that he’d been waterboarded.  When Kiriakou did that, the political left and media lapped it up like cats drinking milk – just like they did the bogus allegations that Plame was intentionally exposed by the Bush administration.

    Predictably, Kiriakou sought to portray himself as a “whistleblower” exposing government wrongdoing.  While reluctantly accepting the plea bargain, the judge emphatically rejected Kiriakou’s claim to be any kind of whistleblower.  Instead, the judge said:  “This is a case of a man who betrayed a solemn trust” and added later that she felt the 30-month sentence in the plea bargain was “way too light”.

    Why would Kiriakou sell out his brothers and sisters still working at the CIA?  Like the prosecution, my guess would be cold hard cash.  Specifically:  he did it to get publicity and increase his chances of getting consulting work.  The consulting work would put money in his pocket; both consulting and publicity would help sell the book he was writing about his 14 years with the CIA (1990-2004).  Money talks – so Kiriakou did, too.

    In a perfect world, Kiriakou’s cellmate will be about 6’4”, weigh about 230 lbs, and will have lost a buddy on 9/11 or to the Taliban.  IMO the judge was right – this asshole deserves way more than 30 months.

    Hope you enjoy your stay at the crossbar hotel, Johnny-boy.

  • Sinclair’s PR Site

    As regular TAH readers know, I’ve been periodically writing about the case of BG Jeffery Sinclair, US Army, who is currently facing courts-martial for a number of very serious charges.  Jonn vectored me to a couple of links he got from another TAH reader, AndyFMF.  The links are from a website that someone – my guess would be Sinclair’s legal team – has come up with a website touting Sinclair’s innocence.

    I took a look at the website.  I’ll hit the high points and give my impressions below.  Disclaimer:  I’m not a lawyer – just an educated layman with some knowledge of and interest in the law.  Comments/corrections from qualified lawyers, particularly from our military JAG readers, are solicited and welcome.

    1. The site can be found here.
    2. The site appears to be essentially a PR exercise aimed at generating sympathy for Sinclair.  Predictably, it attacks Sinclair’s accuser, his prosecutor, and the evidence against him.  It also touts Sinclair’s history and bio.
    3. It does not divulge the name of Sinclair’s accuser.
    4. It points out some legitimate weaknesses in the prosecution’s case.  Some of the evidence for some of the charges indeed appears weak.  Other evidence presented at Sinclair’s Article 32 hearing resulted in some of the original accusations being dropped.
    5. However, IMO in at least one other area the prosecution team may have really stepped on its collective schvantz.  Frankly, I wouldn’t be surprised to see a new prosecution team take over the case prior to trial.
    6. That said, some of the “shortcomings” the site points out are, bluntly, BS.  In particular, they make much of the fact that Sinclair “passed a polygraph” and that his accuser has not taken one.  JAGs out there correct me if I’m wrong, but I’m pretty sure that polygraph results are not admissible in courts-martial proceedings as evidence.  There are numerous known instances of a liar “beating” a polygraph.
    7. The site also makes much of the fact that multiple people had access to Sinclair’s computer, where evidence was found that pornographic images had been accessed – in some cases, when Sinclair was known to be absent.  While that is indeed true, charges relating to specific instances where porn was accessed during a time Sinclair was shown to have been absent apparently were later dropped.  And I’d like to think that the Army actually had the sense to have a good computer forensic tech (the Army indeed has some very good ones) look at the machine in question prior to the Article 32 hearing.
    8. The site admits that Sinclair had a consensual extramarital affair with a subordinate as well as use “bad judgment” in exchanging “inappropriate” text messages (presumably racy ones) with four other women – who were apparently also Sinclair’s subordinates.  That admission alone is enough to end Sinclair’s career.
    9. While the “forcible sodomy” charge against Sinclair may sound weak as his PR site presents it, that charge is likely legally much stronger than Sinclair’s site would lead one to believe.  Past instances of Army Drill Sergeants engaging in consensual sex with trainees have been successfully prosecuted as rape.  This was apparently due to the extreme difference in rank under the theory that the extreme difference in rank and position effectively constituted coercion.  I’m guessing a BG hitting on a junior officer (e.g., a LT or CPT) might well be considered just as coercive a situation as a Drill Sergeant hitting on a trainee.

    Bottom line:  the site strikes me as primarily a blatant and rather transparent PR effort, designed to garner sympathy for Sinclair among members of the public.  Even if Sinclair is innocent, I personally find such a public PR effort distasteful and beneath what I’d expect from a military GO.  YMMV regarding both the site and how distasteful you find it.

    Sinclair at this point has to know his career is over.  He’s now simply fighting to stay out of jail and keep his pension.  I’d guess he probably doesn’t much care about appearances and decorum.

    TSO Adds: Um, this is interesting reading…. (Click twice so you can read it.)

    Um

  • “Good Grief!”

    The actor who provided the voice of Peanuts’ character “Charlie Brown” in numerous “Peanuts” TV specials has been arrested on charges including stalking.

    No, I’m not kidding.

    (Sigh.)  Maybe the Mayans were right after all and we just didn’t get the memo yet.

  • Gitmo spy disbarred in Kansas

    CSE CSC sends us a link to an article about former Navy officer Matthew H. Diaz who smuggled out a list of Guantanamo detainees for a New York judge so the Left could create a stink for the legal rights of terrorists held there. Apparently, Kansas decided to disbar the little tattle-tale;

    There, concerned about the legal and physical treatment of prisoners, Diaz printed out a list in early 2005 of all the detainees and anonymously mailed them to a civil rights lawyer in New York. That lawyer turned them over to the judge handling litigation in the cases of detainees.

    After an investigation, Diaz was charged with disclosing classified material. In 2007, he was convicted at a court-martial, dismissed from the Navy and sentenced to six months in prison.

    According to the Kansas Supreme Court decision filed Wednesday, Diaz’s concern about the treatment of Guantanamo detainees stemmed in part from what had happened to his father.

    When he was a teenager, his father, who worked as a nurse, was charged with 12 counts of murder for injecting patients with a lethal dose of lidocaine.

    His father was convicted and sentenced to death but died in prison of natural causes in 2010. Diaz strongly felt that Guantanamo detainees should have the same legal rights to appeal as his father had.

    So, the son of a spree-murderer decided that Guantanamo detainees deserved some rights and took it upon himself to circumvent the whole reason they were imprisoned in Guantanamo in the first place. And because he took the law into his own hands, he thought he should should continue to be a lawyer. Diaz was hoping that Kansas would not disbar him so that he could again practice law in New York State, as if there aren’t enough convicted criminals practicing law in New York.

  • Stupid Judge Tricks, Part . . . . Dammit, I Lost Count

    Well, it looks like at least one judge in North Carolina must be a long-lost relative of Gomer and Goober Pyle.  “Surprise, surprise, surprise!”

    Seems as if the town of Brasstown, NC, has an . . . um, unique New Year’s tradition. Along with the bear stew and musket shooting, each year they have a “possum drop” on New Year’s Eve.

    What’s a “possum drop”, you ask? In Brasstown’s “possum drop”, the opossum isn’t actually dropped at all. Instead, an opossum is humanely captured during hunting season.  It’s kept caged fed and caged until New Year’s Eve. On New Year’s Eve, the opossum is suspended in its cage. At midnight, the cage is lowered as part of the town’s New Year’s Eve festivities.

    Think a low-tech version of the Times’ Square New Year’s Eve apple drop – Appalachian Style.   The opossum is afterwards released back into the wild.

    The person who captured the opossum even gets a special permit from the NC Wildlife Resources Commission (WRC).  That permit allowed them to display the opossum at his country store between capture and release vice killing it.

    Well, that’s the way it used to work.  One less dead opossum during hunting season, who gets well fed and and cared for  and then released.  Everybody’s happy, and no harm – right?

    Well that was the case for 20 years or thereabouts. Then PETA got involved.

    Predictably, PETA saw all of this as “cruel treatment” of the opossum. So they took the state to court. Their argument? The retention of the opossum captured during hunting season was unlawful.

    Not surprisingly, PETA managed to find a damn fool appointed as an administrative law judge who agreed with them – specifically, one each Administrative Law Judge Fred Morrison.  Morrison ruled that while the animal could indeed have lawfully been killed during hunting season, the state WRC didn’t have authority to let one be captured and kept temporarily.

    “Hunters must afford wild animals the same right Patrick Henry yearned for,” Senior Administrative Law Judge Fred Morrison Jr. wrote in his order. “’Give me liberty, or give me death!’”

    That’s right, folks – the moron posing as a judge actually equated the opossum and Patrick Henry in his “learned opinion”.   Geez.

    The NC WRC is presently deciding whether or not to appeal Morrison’s decision.  Otherwise, Morrison’s moronic opinion stipulates that the opossum must be released within 30 days.

    For common sense’s sake, I certainly hope the WRC appeals this act of judicial idiocy.  I hope the appeals court has the common sense to overturn Morrison.  And I also hope the appeals court orders PETA to pay the state’s legal costs incurred in fighting this latest bit of PETA asininity.

     

  • Another Sinclair Update

    Provided without comment, other than to say that it appears some of the rumors concerning the conduct leading to the case are true.

  • For Once, Justice

    I have to hand it to the Brits this time around.  In spite of their bizarre (by US standards) laws regarding firearms and opposition to capital punishment, they still appear to take murder seriously.

    Even when it’s an honor killing.

    Nine years ago, Shafilea Ahmed disappeared.  Her body was found in 2004.

    Turns out it was an honor killing.  Her own parents killed her in front of her siblings for “bringing dishonor on the family”.

    How did she “dishonor her family”?  By wearing jeans and makeup, wanting to be a lawyer, and resisting an arranged marriage.

    However, killing her in front of her siblings was a mistake.  One was later arrested for burglary – and turned state’s evidence against the parents.

    Gee, I wonder why?  You mean murdering one of your own kids in front of their siblings isn’t a good way to ensure their loyalty and love?

    Earlier this year, Shafilea’s parents – Iftikhar and Farzana Ahmed – were convicted of her murder.  They received life sentences.  Under English law, that means they’ll serve at least 25 years.  By then both will be in their 70s.

    Hopefully they’ll die in prison vice ever see another day of freedom.  And then they’ll have a chance to explain their acts to Allah – and, possibly, to Shaytan as well.

    Many Islamic extremists subscribe to conservative forms of Islam that condone honor killings.  They also want to eventually impose Shaira worldwide.

    We should probably remember that.

  • A Sinclair Update

    For those who’ve forgotten:  Sinclair is the former 82nd Airborne Divison’s Assistant Commander for Logistics and Support. He was relieved while deployed to Afghanistan and sent back to CONUS after serious charges were levied against him.

    Sinclair’s Article 32 hearing is set for 5 November 2012 at Fort Bragg.

    Sinclair is reportedly facing some combination of charges including forcible sodomy; multiple counts of adultery; having inappropriate relationships with several female subordinates; forced sex; wrongful sexual conduct; violating an order; possessing pornography and alcohol while deployed; misusing a government travel charge card; and filing fraudulent claims.  The precise charges are unclear, as the Army has not yet released the formal charge sheets showing the specific charges against him.

    Sinclair deserves his day in court, of course.  But if he’s guilty, let’s hope the courts-martial panel decides to show no mercy – unlike the courts-martial panel for James “Bigamist” Johnson.