The right to express an opinion
Just watched Sarah Huckabee Sanders give a press briefing. It is December 18, 2018 and CNN introduced this as the first White House press briefing of the month. That in and of itself says a lot.
Ms Sanders was asked about this tweet from Donald Trump during this briefing, the reporter asking if he was "venting" about the Federal Reserve:
Ms Sanders responded by saying, "the president is stating his opinion which he is perfectly within his right to do so. I think that is one of the reasons people like him is because he does that and he does that regularly." As a private citizen, Donald Trump certainly has that right. As the Oval Office occupant, he has the right to do that about a lot of things. However, there are limits, and he's violated one of those limits recently.
As the Commander-in-Chief, Donald Trump has absolutely no business inserting himself into any issue involving a case being handled by the military justice system. It is a clear case of what's known as Unlawful Command Influence (UCI).
It is a simple concept. In a court-martial, the prosecutor is a military attorney. The defense counsel is usually a military attorney. The judge presiding over the court-martial is a military officer, almost always a military attorney.
When a court-martial takes place, there is a convening authority. That officer is prohibited from attempting to exercise UCI on the proceedings, as outlined in Article 37(a) of the Uniform Code of Military Justice:
To prevent the convening authority from exercising UCI on the officer(s) appointed to represent, a system exists so that the military attorneys who represent these defendants are not part of the convening authority's chain of command. The Army has the Trial Defense Service. Every Air Force installation has a local office known as the Area Defense Counsel. The Marine Corps and the Navy have the Defense Service Office. The officers that work for these units providing defense counsel to military personnel do not report to the convening authority.
As Commander-in-Chief, Donald Trump is most definitely in the chain of command of every single member of the military. That would include the convening authority, judge and prosecutor of Major Matthew Golsteyn. Mr. Trump should not be involving himself in this matter.
* * *
There is no question that Matthew Goldsteyn performed heroically on 20 February 2010 (military parlance). The citation for the Silver Star Medal that he was awarded for his actions on that day makes that crystal clear. Here is an excerpt.
"Captain Golsteyn repeatedly exposed himself to direct and accurate enemy fire during a four-hour engagement in which his calm demeanor, decisive actions and fearlessness in the face of the enemy ultimately led to the liberation of the citizens of Marjeh from an oppressive insurgent regime. His actions are in keeping with the finest traditions of military heroism and reflect distinct credit upon himself, the Combined Joint Special Operations Task Force-Afghanistan, Combined Forces Special Operations Component Command-Afghanistan, and the United States Army."
The issue is what he is accused of having done two days earlier. According to an Army investigation that the Washington Post obtained, two Marines in then Captain Golsteyn's unit were wounded by an Improvised Explosive Device (IED). That led to Captain Golsteyn having his unit search for and locate the alleged bombmaker.
The investigation claims that during a job interview for a position with the CIA, Golsteyn recounted how the suspected bomb maker was taken to their base where he was held. While being held, the bomb maker saw a tribal leader who was engaged in assisting Captain Golsteyn's unit. That tribal leader expressed fears that his life was in danger if the bomb maker was released.
NBC News reports that Golsteyn has been charged with murder. In an interview with Fox News, Golsteyn admitted to killing the alleged bomb maker.
The right thing for Donald Trump to do in this case is remain silent. If he wants to pardon Golsteyn after a court-martial conviction, he can. Until then he needs to stay far away from this matter.
Ms Sanders was asked about this tweet from Donald Trump during this briefing, the reporter asking if he was "venting" about the Federal Reserve:
I hope the people over at the Fed will read today’s Wall Street Journal Editorial before they make yet another mistake. Also, don’t let the market become any more illiquid than it already is. Stop with the 50 B’s. Feel the market, don’t just go by meaningless numbers. Good luck!— Donald J. Trump (@realDonaldTrump) December 18, 2018
Ms Sanders responded by saying, "the president is stating his opinion which he is perfectly within his right to do so. I think that is one of the reasons people like him is because he does that and he does that regularly." As a private citizen, Donald Trump certainly has that right. As the Oval Office occupant, he has the right to do that about a lot of things. However, there are limits, and he's violated one of those limits recently.
At the request of many, I will be reviewing the case of a “U.S. Military hero,” Major Matt Golsteyn, who is charged with murder. He could face the death penalty from our own government after he admitted to killing a Terrorist bomb maker while overseas. @PeteHegseth @FoxNews— Donald J. Trump (@realDonaldTrump) December 16, 2018
As the Commander-in-Chief, Donald Trump has absolutely no business inserting himself into any issue involving a case being handled by the military justice system. It is a clear case of what's known as Unlawful Command Influence (UCI).
It is a simple concept. In a court-martial, the prosecutor is a military attorney. The defense counsel is usually a military attorney. The judge presiding over the court-martial is a military officer, almost always a military attorney.
When a court-martial takes place, there is a convening authority. That officer is prohibited from attempting to exercise UCI on the proceedings, as outlined in Article 37(a) of the Uniform Code of Military Justice:
837. ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
The potential for this to become a problem is that in many cases that convening authority is in the chain of command for the prosecutor and/or judge. Not delivering the result desired by that convening authority could therefore adversely impact the career of those officers. Article 37(a) is designed to prevent this from happening.To prevent the convening authority from exercising UCI on the officer(s) appointed to represent, a system exists so that the military attorneys who represent these defendants are not part of the convening authority's chain of command. The Army has the Trial Defense Service. Every Air Force installation has a local office known as the Area Defense Counsel. The Marine Corps and the Navy have the Defense Service Office. The officers that work for these units providing defense counsel to military personnel do not report to the convening authority.
As Commander-in-Chief, Donald Trump is most definitely in the chain of command of every single member of the military. That would include the convening authority, judge and prosecutor of Major Matthew Golsteyn. Mr. Trump should not be involving himself in this matter.
* * *
There is no question that Matthew Goldsteyn performed heroically on 20 February 2010 (military parlance). The citation for the Silver Star Medal that he was awarded for his actions on that day makes that crystal clear. Here is an excerpt.
"Captain Golsteyn repeatedly exposed himself to direct and accurate enemy fire during a four-hour engagement in which his calm demeanor, decisive actions and fearlessness in the face of the enemy ultimately led to the liberation of the citizens of Marjeh from an oppressive insurgent regime. His actions are in keeping with the finest traditions of military heroism and reflect distinct credit upon himself, the Combined Joint Special Operations Task Force-Afghanistan, Combined Forces Special Operations Component Command-Afghanistan, and the United States Army."
The issue is what he is accused of having done two days earlier. According to an Army investigation that the Washington Post obtained, two Marines in then Captain Golsteyn's unit were wounded by an Improvised Explosive Device (IED). That led to Captain Golsteyn having his unit search for and locate the alleged bombmaker.
The investigation claims that during a job interview for a position with the CIA, Golsteyn recounted how the suspected bomb maker was taken to their base where he was held. While being held, the bomb maker saw a tribal leader who was engaged in assisting Captain Golsteyn's unit. That tribal leader expressed fears that his life was in danger if the bomb maker was released.
NBC News reports that Golsteyn has been charged with murder. In an interview with Fox News, Golsteyn admitted to killing the alleged bomb maker.
The right thing for Donald Trump to do in this case is remain silent. If he wants to pardon Golsteyn after a court-martial conviction, he can. Until then he needs to stay far away from this matter.
posted by me at 6:47 AM
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