The National Coalition for Women has taken a bold and dramatic step in the wrongful prosecution and manufactured court-martial case of Army Major ‘Kit’ Martin. For additional details, please go the NCFM link.
The exceptionally egregious nature of the prosecutorial misconduct of the JAG prosecutors prompted forwarding the complaints to the USDOJ, Criminal Section, Civil Rights Division.
Besides the various state bar professional rules of conduct violations, the NCFM complaint alleges the following potential federal criminal law violations on the part of the prosecutors.
Title 18, U.S. Code, § 242 – Deprivation of Rights under Color of Law
Title 18, U.S. Code, Chapter 73 – Obstruction of Justice
Title 18 U.S. Code § 1512 – Tampering with a Witness/Evidence
Title 18, U.S. Code, § 371 – Conspiracy to Commit Offense
Title 18, U.S. Code § 1621 – Perjury
Title 18, U.S. Code, § 1001 – False Statements
Title 18, U.S. Code, § 1385 – Violation of the Posse Comitatus Act of 1878
Title 5, U.S. Code § 552a – Violation of the Privacy Act of 1974
Title 18, U.S. Code § 1346 – Honest Services Fraud
Title 10, U.S. Code, § 933 – Conduct Unbecoming an Officer and Lady
The big question then becomes whether or not the state bar associations, the USDOJ or the Army JAG command will conduct a fair and impartial inquiry if any of them do conduct an investigation. Let’s see if an inquiry, if done, will be done with the same level of vigor and ferocity in which the persecution of Major Martin was done.
Each of the three complaints contains more than five dozen pages, complete with witness affidavits. One of the witnesses providing an affidavit stated;
“I am not only appalled by what has occurred, but embarrassed that such a travesty of justice could actually happen in the United States of America. In my profession, if I had engaged in a small percentage of the misconduct that is evident in this case, I would have lost my license [redacted] and would have been criminally prosecuted for my acts.”
That is a very powerful statement, and it makes one wonder, just how corrupted the military justice system has metastasized into a malignant cancer, that unless dramatic measures are taken immediately, the system will be crushed under the weight of persecution.
There is one thing that is certain, and that is that NCFM and the various advocates who have been working on this case for more than a year and a half; are not, and will not stop in their efforts to obtain justice in this gross manipulation of the military justice system, all done in the name of appeasement and pleasure of the small but exceptionally vocal rape hysteria cottage industry, and their military and civilian enablers.
Just remember this. In ALL; ALL cases involving false allegations of sexual misconduct in the military, there will be some level of investigative and/or prosecutorial misconduct if the cases are referred to an Article 32 (preliminary hearing), and court-martial, even if the falsely accused is acquitted at the court-martial. There simply is no other way for this level of injustice to thrive, unless there is the presence of some level of misconduct or illegal conduct.
As the NCFM article reveals, it is estimated that there may be as many as 500 servicewomen languishing away in military correctional facilities who have been wrongfully convicted of some type of sexual misconduct, or who were acquitted but convicted of ‘stacked’ or collateral charges.
It is up to the falsely accused, wrongfully convicted and their families to review their records, determine what violations may be involved in the malicious prosecution and file the appropriate complaint with the licensing state bar association. As the NCFM article reveals, the Army JAG command, and presumably all branches of the service have no desire or interest in reigning in rogue prosecutors, even when overwhelming evidence has been brought to their attention of serious prosecutorial misconduct; even criminal conduct on the part of military investigators or prosecutors.
What is needed is for those negatively affected and their families to flood that respective state bar associations with complaints of military prosecutor misconduct to draw attention to this injustice.
The end justifies the means. Convictions; for any type of sexual misconduct violation is the ultimate goal, and the military is willing to do whatever is necessary to achieve that goal. One simple unverified allegation or one anonymous phone call is all that is needed to open the proverbial floodgates in the race to convict.
If this same type of witch hunt and persecution were occurring to any particular racial or religious group, the cable and mainstream media news feed would be 24/7. Political leaders, pundits and talking heads would be demanding that something is done; that major reform and corrective legislative actions be enacted immediately.
It truly is a national injustice; a national disgrace.