“Blue on Blue” Lawfare

Wolf Pangloss writes about an incident:

The kill had already been approved by the American command. And the main job of soldiers in war is to kill the enemy, which Buntangyar was. So, the American soldiers shot him.

And now the lawyers have decided to prosecute them for murder.

Some quick Thoughts:

  1. Why the fuck are the JAGs running tactical decisions?
  2. How can we expect to win and keep morale high if rules for the trigger-pullers are changed retroactively?
  3. Why wasn’t Frank H. Kearney fired by SecDef or POTUS? Jeez, he was promoted!
  4. WHy haven’t more generals been fired? Lincoln did. Roosevelt/Marshal did.
  5. The US needs to revamp its the National Security institutions and legal framework. Fellow bloggers, let’s start writing for the next congress a National Security Act of 2009.
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7 Responses

  1. “Law” in the context of international engagement typically translates to “ways we can hurt America.”

  2. There seems to me a low-level 4GW/5GW-ish proto civil war going on in the US. This is an example of that.

    If you are against US military action, and you think the special forces have been effective, then throw lawyers at them to get them to hold back, reduce morale, become less bold etc.

  3. Vote Murtha/Kearney in ’08…There is hope for the Taliban!

  4. GM has an idea…

    LMAO

    How about someone writes a *good* comprehensive immigration reform bill and have the conservatives flog it using feelings-based Liberal language in order to neutralize the Soros/La Raza wedge issue?

    If the issue doesn’t get defused it will be used to carry the day for the dee dees in 2008.

  5. “The Article 32 investigation accomplished my intent,” Kearney said. “An experienced Special Forces officer provided an independent and thorough review of the facts in this case. The Article 32 investigation resolved the conflicting findings of the two previous investigations and the results demonstrate the effectiveness of the Military Justice System.”

    The Fayetteville Observer interviews Kearney…
    “The Article 32 investigation accomplished my intent,” Kearney said. “An experienced Special Forces officer provided an independent and thorough review of the facts in this case. The Article 32 investigation resolved the conflicting findings of the two previous investigations and the results demonstrate the effectiveness of the Military Justice System.”

    There was no conflicting finding in the previous two investigations. Kearney is trying to hide from his dumb*** actions. Kearney is a worthless ****.

  6. GM, one sign that this war is being fought wrong is that Generals like Kearney are not replaced. Marshall and Lincoln fired their share of Generals.

  7. As a former operational JAG, there is no way that the JAGs should be making the tactical decisions. A JAG officer that allows him/herself to be put in the role of tactical decisionmaker (which can be an easy default for a weak or indecisive operational commander) has absolutely failed in their duties.

    I am somewhat at a loss to understand why our troops would ever be responsible for the actions of Afghani troops acting of their own volition in their own country. Am I understanding the scenario correctly?

    Nice CYA manuever to send this to an Article 32. Absolutely lets one protect their blessed career while letting the chips fall where they may. I am sure this was great for morale in the SOF community. Your career versus their morale? Easy choice for some. Next thing you know the SOF troops will be purchasing legal insurance like the CIA employees are doing. The world is really turning upside down.

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