Monday, August 20, 2012

Disturbing defense trends

I am not linked in as well as I once was to things that are happening the Army, but I do try to follow as best I can. I recently was trying to catch up on the case of Pfc. Bradley Manning, the young intelligence specialist who is to stand trial for leaking hundreds of thousands of classified (if nothing other the FOUO/NFD (For Official Use Only/No Foreign Dissemination) but much classified (which is the next step up) and secret) documents from the Department of Defense and the Department of State, and I noticed something that I thought was disturbing about issues that the defense had raised.
Note, I also heard a similar defense argument that Maj. Hassan, the accused killer of 13 soldiers at Fort Hood a while back.
The defense argument in each case is that it is the Army’s fault that the soldier involved did whatever they did which has them facing charges because the Army failed to take preventative actions against the individuals. In other words, the Army should have known these guys were bad eggs, and weeded them out of the basket before they could do any harm. These people are not responsible for their actions, the Army is.
Time out! Does this logic not bother anybody else? It bothers the heck out of me.
You take adults (these people are adults, you know, not little children) who are supposedly responsible individuals, or at least aware what is expected of them, and you are trying to say that they are not because the Army didn’t stop them. Whoa! As the old saying goes, that dog won’t hunt.
Sorry, I don’t care what issues these individuals may have had in their personal lives, it doesn’t excuse conduct contrary to the Universal Code of Military Justice. Unfortunately, in this day and age, few people understand what goes into being a service member and have even far less understanding of the UCMJ. I admit, I am not an expert on the UCMJ, not even enough to be considered a barracks lawyer, but I know enough what usually right and what is wrong in the way of military behavior. I also know that the “well, everybody else does it” defense doesn’t fly, in the military as well as in civilian life.
From what PFC Manning’s attorneys say, it is pretty obvious that a) he downloaded inappropriate material (regardless of whether or not he should have access or not) and b) he gave that information to a foreign national without authorization.
Why he did it really doesn’t matter. I know that will offend some people who think that if you think you are in the right, then there are no laws that cannot be broken. Or those who think that just because you disagree with what somebody else is doing, it is ok to publicize information that will possibly damage the institution, if not those you disagree with. That is a whole bunch of bovine scatology.
What if I think my employer, let’s say a software company that makes games, panders to views or values that I think are wrong. They don’t have to be illegal, necessarily, just things that I think are wrong. Does that give me the right to dump all the source code for all their software out on the internet plus all the bosses’ e-mails that discuss strategy against the competition? Do you not think the company would have the right to fire that me, sue me for everything I have and, if possible, file criminal charges against me for breach of contract and theft of property … basically throw the book at me?
If you don’t think the company has that right … please pull your head out of your derriere.
Essentially, what PFC Manning did is the equivalent or so would any legal bumpkin who had any smarts know that.
So, we plead that it is the company’s fault, because they shouldn’t have let me have access to any of the crap because of my personal problems (I was going through a mid-life – ok a senior-moment – crisis). Just because he allegedly had “gender identity” problems does not absolve him of his culpability for his actions. I am sorry, but that defense doesn’t fly.
Ok, he didn’t like what the government did, or how it did it … when you wear the uniform, you basically have surrendered your right publically express dissent. Sorry, but that is the way things are. In the polling station’s privacy, you can express your political views, otherwise, sorry, but it is prohibited by law and regulation. I hope all of you see the value in having an apolitical military (even if most members adhere to more conservative values) responsive to civilian authorities, rather than having a politically active military that ignores civilian authorities when it comes to domestic policy.
I think it is sad that the legal system grinds so slowly, but like everything else bureaucratic, it does. And it is unfortunately that PFC Manning is the person that he is, and that those who support him are the way they are.
Sorry, but solitary confinement is not torture. Sorry, but it is not.
When you are considered a suicide risk, yes, certain procedures are taken to make sure you can’t create an opportunity to hurt yourself. Sorry, but that has to be done.
Lastly, while you have many rights, all those rights you think you have as a civilian? Well, when you swear that oath when you enter military service, you basically surrender most of them. You no longer are in a democratic republican society, but a military one. Military society is different. In today’s world, you are not forced to join this society; you volunteer. You are not a child when you volunteer, but an adult and you must assume adult responsibilities. Among those responsibilities is understanding that you probably won’t get to do what you want to do most of the time and, in fact, you probably will dislike what you are asked to do a big part of the time. Get over it, it is part of the job.
Based on the information that is in the public domain, PFC Manning is nobody’s hero. He really isn’t a decent whistleblower as a good part of the information that he dumped out on the internet could be obvious to most rational people, but it didn’t help to throw it in people’s faces. That hurt and possibly cost some people their lives. We will never know.
Still, he acted like he didn’t care what happened to his fellow soldiers, to those who serve the nation. I am sorry, but that attitude, when in uniform, will get you jail, if not shot (and not by the official system).
Mister Assange of WikiLeaks can huff and puff all he wants (because it makes him feel good and powerful), but PFC Manning should face the full measure of the consequences for his breaking faith with those who served with in uniform.

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