This American Life’s wildly popular Serial podcast came to fame in 2014 with the story of Adnan Syed, a young man from Maryland who was convicted in 2000 for the murder of his ex-girlfriend and high school classmate Hae Min Lee. Syed’s case was clouded with a number of possible discrepancies and suspicions not mentioned in his trial. The case was wild enough to merit retelling via the first season of the podcast, which earned the convicted Syed another hearing based on the new evidence.
The much-anticipated second season of Serial features the story of accused deserter Sgt. Bowe Bergdahl. Bergdahl is a U.S. Army soldier who spent nearly five years held in captivity by the Taliban-aligned Haqqani Network after walking away from his outpost in Afghanistan’s Paktika Province. His captors allege he was captured after getting drunk while off-base, while some of his fellow soldiers say he simply walked away from his post. Others say he was captured from a latrine. Bergdahl has, until now, mostly remained silent.
The episode opens with a vivid description of Bergdahl’s rescue and tells the story of his capture and rescue, laying out exactly what happened and why through the lens of host Sarah Koenig and filmmaker Mark Boal, with whom Bergdahl regularly speaks directly.
Boal, a producer and director whose work includes many war films, including “Zero Dark Thirty,” “The Hurt Locker,” and “In The Valley of Elah,” spoke with Bergdahl about everything from his experience in captivity to “motorcycles, God, and how good spicy salsa is.”
Bergdahl reveals in his own words why he left that base in Afghanistan in 2009, which led to a massive search where other U.S. troops died trying to find and rescue him. His story is the same as it always was, he wanted to create a crisis to get a meeting with higher-level commanders to address what he saw were leadership problems in his chain of command, but Bergdahl doesn’t stop there. He wanted to show everyone he could be an outstanding soldier, the outstanding soldier.
“I was trying to prove myself,” he told Boal. “I was trying to prove to the world, to anybody who used to know me, that I was capable of being that person.”
After 20 minutes into his sojourn, Bergdahl realizes he’s made a huge mistake.
“I’m going, ‘Good grief, I’m in over my head,'” he says in the podcast.
Editor’s note: The producers will be interacting with listeners as the show progresses. Ask them questions via Tumblr, twitter, Facebook and Instagram.
The U.S. military is getting out of the nation-building business and is now focusing on killing terrorists. That is among the policy changes announced by President Donald Trump in a speech delivered at Fort Myer in Arlington, Virginia, Aug. 21.
“From now on, victory will have a clear definition: attacking our enemies, obliterating ISIS, crushing Al Qaeda, preventing the Taliban from taking over Afghanistan, and stopping mass terror attacks against America,” he said, while also explicitly refusing to set a timetable or to reveal how many more troops will be deployed.
Trump has already shown an inclination to not micro-manage and to give local commanders authority to make operational and tactical decisions. In April, the GBU-43 Massive Ordnance Air Burst bomb made its combat debut in Afghanistan when it was used to hit a tunnel complex used by the Afghanistan affiliate of the Islamic State of Iraq and Syria.
President Trump, while not mentioning Obama by name, also criticized the abrupt withdrawal of American troops from Iraq in 2011, saying that the removal of troops created a vacuum and allowed ISIS to rise and take control of a number of cities in Iraq.
President Trump also had harsh words for Pakistan over the existence of safe havens for groups like the Taliban. Perhaps the most notable terrorist provided safe haven in that country was Osama bin Laden, who was killed at a hideout in Abbottabad — a city a little over 30 miles from the capital in Islamabad.
Commandos from the 7th Special Operation Kandak prepare for the unitís first independent helicopter assault mission, March 10, 2014, in Washir district, Helmand province, Afghanistan The mission was conducted to disrupt insurgent activity. (U.S. Army photo by Staff Sgt. Richard B. Lower/Released)
The Pentagon’s Defense Innovation Unit Experimental (DIUx) is working with industry to implement AI, automation and machine-learning technology into aircraft as a way to anticipate and predict potential maintenance failures, service and industry officials said.
In a collaborative effort with DOD and the Air Force, C3 IoT is working on a deal to integrate AI-driven software into an F-16 and an E-3 Sentry AWACS surveillance aircraft, industry developers explained.
Developers say the new software should be operational on the aircraft within six months.
The plan is to gather and analyze data, such as operationally relevant maintenance information during or after missions so that crews and service engineers can utilize predictive maintenance.
“F-16s will benefit from predictive maintenance as a way to inform pilots of which aircraft are at the highest risk in terms of being unreliable. We pinpoint systems such as engines and subsystems such as the propulsion,” said Ed Abbo, president and CTO of C3 IoT.
The C3 IoT Platform enables the DOD to aggregate and keep current enormous volumes of disparate data, including both structured and unstructured datasets, in a unified cloud-based data image, running on Amazon Web Services, company statements said.
AI can draw upon all available information and assess on-board systems to know when a given component might fail or need to be replaced, bringing logistical advantages as well as cost-savings and safety improvements.
“If a machine fails during a desert landing, then algorithms can recognize that from analyzing other failure cases. We are looking at different properties and looking at prior failure cases so algorithms can determine when something like a propulsion system is likely to fail,” Abbo said.
Depending upon the kind of avionics in an aircraft, on-board sensors can collect essential maintenance data and either download telemetry upon landing or process information right on the aircraft, Abbo explained.
“LINK 16 can transmit data coming directly from on-board sensors, allowing information to be analyzed in real-time during flights by using machine learning and analytics,” Abbo said.
Some aircraft, for instance, have newer sensors able to perform on-board analytics and, in some instances, even record a pilot’s voice as a way to process language information.
This initiative is entirely consistent with a broad service-wide Air Force effort to extend data security beyond IT and apply AI, automation and machine learning to larger platforms.
According to a CBP release, a narcotics-detecting canine directed attention to the Xbox, and after an inspection, the agents seized the drugs, which had an estimated worth of about $10,000.
The 16-year-old was arrested and turned over to Homeland Security Investigations.
Synthetic drugs like meth have become increasingly common as producers and traffickers adjust to factors like marijuana legalization and widespread heroin use in the US.
“That has shifted the marketplace in a way. It means that Mexican illicit-drug exporters have had to … diversify their offerings,” David Shirk, a professor at the University of San Diego, told Business Insider. “They have moved into … heroin as a source of revenue, but also … into other, I would say, synthetic drugs, like MDMA and various forms of methamphetamine.”
While seizures at the border can only reveal so much about the black-market drug trade, reports from Customs and Border Patrol indicate that heroin and other synthetic drugs are frequently intercepted at the US-Mexico frontier.
On September 9, a search of a Chevy Tahoe crossing the border at Brownsville, Texas, uncovered 37 pounds of what was believed to be methamphetamine, valued at $740,000. That same day, a search of a Nissan Murano at the Laredo, Texas, border crossing turned up 12 pounds of crystal meth and 4 pounds of heroin, worth a total of nearly $360,000.
In two separate incidents on September 9 at the border crossing at Nogales, Arizona, 17 pounds of meth valued at more than $52,000 was found in the wheel well of a Dodge van, while later that day a 16-year-old woman was found to have nearly 3 pounds of heroin worth almost $48,000 in her undergarments.
On September 13 at the Nogales port of entry, a Mexican woman was found to be carrying three pounds of heroin worth $50,000 in a can of baby formula. On September 15, agents in California found more than 43 pounds of meth worth about $175,000 concealed under the floor mats of a gray 2014 Nissan Sentra.
The next time you are browsing the aisles at Walmart, just think to yourself that the son of Sam Walton, the founder of the retail giant, was involved in special operations during the Vietnam War. Military Assistance Command Vietnam-Studies and Observation Group — or MACV-SOG — is a name so bland that it shielded the true nature of their top-secret work into deniable areas like Laos, Cambodia, and North Vietnam. How did the 11th richest man in the world intertwine his legacy into one of the most notorious special operations units in U.S. military history?
John Thomas Walton was born in Newport, Arkansas, the second of three sons, and excelled at athletics. He was a standout football star on their public high school football team and was more of a student of life than academics. His father, Sam, opened Walton’s 5&10 in Bentonville, a small business in a small town known for its variety of hunting seasons. Walton had a modest upbringing and after only two years of college he dropped out to enlist in the U.S. Army. “When I was at Wooster [The College of Wooster in Ohio], there were a lot of people talking about the war in the dorm rooms, but I didn’t think they understood it,” Walton said.
Walton enlisted in the Army and became a Green Beret (Army Special Forces). “I figured if you’re going to do something, you should do it the best you can,” he said during an interview with Andy Serwer for Fortune magazine. Assigned to MACV-SOG after the Tet Offensive in 1968, Walton was stationed at FOB 1 in Phu Bai where members of Strike Team Louisiana conducted deep penetration reconnaissance missions. John Stryker Meyer, a teammate and friend of Walton’s, wrote, “In August of ’68, on one such mission, Walton’s six-man recon team was surrounded and overrun by enemy soldiers.” The firefight became so intense that the team leader, William “Pete” Boggs, called an airstrike (napalm) directly on their own position to break contact.
Extracted from page 119 of “On The Ground” by John Stryker Meyer and John E. Peters.
“That strike killed one team member, wounded the team leader and severed the right leg of the Green Beret radio operator Tom Cunningham Jr., of Durham, N.H. Another team member was wounded four times by AK-47 gunfire by an enemy soldier whom Walton killed,” Meyer wrote. As the team’s medic, Walton was responsible in setting up a triage point to tend to the casualties. He applied a tourniquet to Cunningham’s leg that had begun to hemorrhage. The tourniquet ultimately saved his life, but he later lost his leg. Facing hundreds of North Vietnamese soldiers (NVA) and completely surrounded, Walton called in two extraction helicopters.
The first helicopter, piloted by South Vietnamese Captain Thinh Dinh, touched down and picked up members of the team, some of whom Walton personally carried. The enemy soldiers were now sprinting to prevent their escape. Bullets clanged off the chopper and whizzed by their bodies. A second helicopter was needed to get them all out, but realizing how dire the situation had turned, the first helicopter sat back down and picked up the entire team. Their weight was too much, and they barely managed to climb over the treetops. Walton’s determination to get his teammates out of harm’s way earned him the Silver Star, the nation’s third highest award for valor.
During a poker game on the night they returned to base, one of his teammates noticed that the skin on Walton’s wrist was burnt. It was evidence of just how accurate the NVA gunfire was. Walton, Meyer, and his teammates enjoyed poker, Scrabble, and other games that require thought. They spoke about their goals and the dreams they hoped to accomplish when they returned home. Walton’s was a life of adventure.
Meyer shares how Walton had inspirations to travel domestically on a motorcycle and to Mexico, Central, and South America by plane. He earned his pilot’s license and started his own business crop-dusting cotton fields in Texas and Arizona. Crop-dusting provided Walton a new challenge that helped his transition after Vietnam. His aerial theatrics featured ingenuity, too — Walton co-founded the company Satloc in 1999, which pioneered the use of GPS applications in agricultural crop-dusting. He also served as a company pilot for his family business.
John Walton, far right, is shown in uniform.
(Photo courtesy of John Stryker Meyer.)
It seemed Walton was always searching for his next greatest thrill. He briefly owned a sailing company called Marine Corsair in San Diego, and he regularly traveled to Durango, Colorado, for outdoor activities such as mountain biking, skiing, and skydiving. As Walmart’s success climbed, so too did Walton’s wealth. At one point, he was the 11th richest man in the world, with an estimated .2 billion net worth. However, despite the amount of money he made, he always stayed true to his modest roots. Meyer recalled a breakfast the pair had in Oceanside, California, and Walton arrived in a small Toyota hybrid.
John T. Walton died on June 27, 2005, when his custom-built CGS Aviation Hawk Arrow plane crashed in Grand Teton National Park in Wyoming. He was 58 years old. An investigation determined that loose flight control components were the cause of the fatal accident. Walton left behind a wife, Christy, and son, Lukas.
Though Walton’s name will always be immediately recognized as the heir to the Walmart empire, his legacy is also inextricably tied to MACV-SOG. Two years before his untimely death, Walton chartered his private jet to pick up the family of Thinh Dinh, the South Vietnamese pilot with whom he served decades prior. They reunited in Las Vegas, never forgetting the lasting bonds forged in war.
Embedded With Special Forces in Afghanistan | Part 2
Between colloquial humor and slang, the military says some weird stuff (don’t even get me started on acronyms), but some of the lingo has origins in so-called “voice procedure” and actually kind of makes sense.
Voice procedure is a set of techniques, protocols, and phrases used in two-way radio communications to reduce confusion and maximize clarity.
Here are a few of the big ones:
Saying “Roger” over the radio is shorthand for “I have received your message or transmission.”
If you’ve ever tried spelling your last name over the phone with someone, you know that the English alphabet has letters that sound the same, so phonetic or spelling alphabets were created to convey letters.
I wonder why they got rid of ‘Nuts’…
In the ’50s, this alphabet was standardized to the alphabet NATO militaries use today (Alpha, Bravo, Charlie, etc), but when the radio use in the military became prevalent, the word ‘Roger’ was used for “R.”
The “R” in “received” was conveyed with “Roger” — and even though today “Romeo” stands for “R,” good ol’ “Roger” stuck.
At the time, much of the radio communication was between French and English speakers, so Mockford needed a word that would be understood in both languages and wouldn’t be commonly spoken.
“Mayday” is a rather unique phrase in English, but is also similar to the French word for “help me.”
This is an appropriate time for the use of ‘Mayday.’ (Painting by Pierre Dénys de Montfort, 1801)
To further reduce confusion, “Mayday” is used three times in the beginning of a distress call. It is reserved for incidents where loss of life or craft is imminent — misuse is considered a serious crime.
“Copy” has its origins in Morse Code communications. Morse Code operators would listen to transmissions and write down each letter or number immediately, a technique called “copying.”
-.– — ..- / .- .-. . / -. . .- – (Image via Public Domain)
Once voice communications became possible, ‘copy’ was used to confirm whether a transmission was received. Today it still means “I heard what you said” or “got it,” similar to “roger.”
The Uniform Code of Military Justice (UCMJ) is a massive collection of rules, regulations, standards and procedures that defines the justice system for those serving according to Uncle Sam. It is federal law enacted by Congress that spells out all the activities that can cause troops to get slapped with an Article 15, Article 32, a court martial, or a host of other not-so-fun punishments.
Servicemembers have all raised their right hands and sworn an oath to protect and defend this nation and its constitution and, by default, they have also agreed, for as long as they’re in uniform, to live according to the rules and regulations of the UCMJ. But, I’m willing to bet 60 days of rollover leave that most of them don’t have a good idea of how severe the consequences often are of violating the UCMJ.
Here are 10 ways servicemembers get themselves into big trouble most often:
1. Failing the whizz quiz
At one point or another, we have all likely been subjected to a “sweep urinalysis,” which tests an entire company for illegal drug use by way of urine samples. Company-wide urine tests are allowed by the UCMJ, but you need to be on the lookout for commanders who order these inspections hoping to single out one specific person – perhaps you – for illegal drug use. Illegal drug use violates Article 112a of the UCMJ and could cost you your military career. Commanders need probable cause to order you to take a urine test, but not for a company-wide urine test. A commander may want to conduct a company-wide urine test to catch one specific person using illegal drugs because they may not have the evidence needed to test this one person. Ordering a company-wide urine test with the goal of catching one person using drugs is not allowed by the UCMJ.
2. Taking one drug to hide another
As a member of the U.S. Military, you are not allowed to wrongfully possess, sell or use drugs or items used to take drugs (needles, syringes, crack pipes, etc). The Department of Defense (DoD) specifically disallows this in DoD Instruction 1010.04, which addresses “problematic substance use by DoD personnel.” The DoD says drug paraphernalia is anything involved in, meant to be involved in, or meant to hide drug use. This includes things like diuretics taken before a drug test in order to hide drug use. If you are caught using one drug, such as a diuretic, to hide your use of another drug, you could be charged with failure to obey a lawful regulation. This is a violation of Article 92 of the UCMJ.
3. Getting too drunk to remember what happened
There’s nothing in the UCMJ that says service members can’t engage in consensual sex or enjoy alcohol responsibly. But UCMJ violations often appear when a lot of alcohol is mixed with a lot of sex. The extreme consumption of booze is often tied to charges of sexual assault in the military. As a result, it is common for service members to face Article 120 charges under the UCMJ for sexual assault, even when the alleged sexual assault victim does not remember consenting to sex or engaging in any sexual activity at all. The alleged victim’s lack of memory leads to an Article 120 charge and the alleged-person-who-did-the-assaulting’s lack of memory moves the charge forward with nothing to disprove a sexual assault occurred in the first place. No bender, no matter how epic, is worth this risk.
4. Sex with someone who’s underage
The last thing you want is a visit from “To Catch a Predator’s” Chris Hansen. If you are caught having sex with a minor, you’ll receive much worse than that under the UCMJ. And don’t count on the fact that you “didn’t know he/she was only 16” saving you from the wrath of military prosecutors. It doesn’t matter if the minor consented to sex or if you did or did not know the minor was underage at the time of sex, you will be charged with aggravated sexual assault of a child under the UCMJ anyway. This offense is punishable by up to 20 years of confinement. The cliff note summary here is if he or she looks to be under 18, don’t get involved with him or her. It isn’t worth the punishment or the end of your military career.
5. Sexting using a government phone
The next time you feel the need to snap and send a pic of your unmentionables, I recommend thinking twice, especially if you are about to do so with a phone issued to you by Uncle Sam. If you engage in sexting on a government-issued phone, you could be slapped with the charge of failure to obey a lawful general regulation, which violates Article 92 of the UCMJ. You may also be unaware of the real age of the person you are sexting, and sexting a minor could get you charged with online sexual exploitation of a minor, indecent language or exposure, or possibly manufacturing and/or distributing child pornography. These charges all violate Article 134 of the UCMJ or any applicable federal statute. You should also keep in mind that it is very common for text messages to be used as evidence by military prosecutors to help prove adultery and fraternization.
6. Playing fast and loose with marital status
Military swingers beware: Your wife or husband’s thumbs up for you to sleep with other men or women will not save you from a conviction under the UCMJ. Your conviction could stem from a charge of adultery in violation of Article 134 of the UCMJ. Adultery, an offense unique to the military that non-military members do not have to worry about (just ask Tiger Woods or Arnold), occurs when a service member has sex with someone who is not his or her spouse or who is married to someone else. Take note that this offense is triggered by both consensual and non-consensual sex.
7. Solving an argument with a fist
The military promotes confrontation. It is one of the reasons we love serving. But the military also requires good order and discipline and so confrontation and aggression are only allowed under specific circumstances, such as during drills, patrols, and obviously when deployed. Violent confrontation is not allowed by the military whenever and wherever. For instance, if two service members have an argument and agree to a fist fight to settle the disagreement, this is illegal under the UCMJ. If you take this approach to solving your disagreements while enlisted, you’ll likely find yourself charged with assault by battery in violation of Article 128 of the UCMJ.
8. Failure to be not fat
A negative fitness assessment (FA) or physical training (PT) test failure can have a disastrous impact on your military career. Depending on your status and whether any other poor fitness assessments are already in your records, just one or more failures can cause you to be kicked out of the military. If you feel your FA or PT failure was due to an error, you could challenge it up your chain of command. If you have already tried that or have already been kicked out of the military, you could go to your branch’s Board for Correction of Military or Naval Records (BCMR or BCNR) and request that the error be removed or corrected.
9. Failure to be a snitch
Let’s say you are deployed to Afghanistan like I was a few short years ago, and you have a friend also stationed there who is a mail clerk. Your friend begins showing up after his shift with all sorts of extra goodies clearly coming from somewhere off base (cigars, video games, home cooked meals, etc.). You ask where he is getting all the loot and he says he has been opening the mail coming into the base and stealing the goods. Your ongoing knowledge of this theft and failure to report it could amount to a conspiracy in violation of Article 81 of the UCMJ.
If you positively need to catch a high but are concerned about doing it with drugs that are labeled illegal by the UCMJ, you should know that “huffing” substances like dusting products, glue and gasoline can still get you in trouble with military prosecutors. If you use substances like these to get high, the military cannot punish you using Article 112a of the UCMJ, which addresses the wrongful use of a controlled substance. BUT, the military CAN charge you under Article 92 of the UCMJ for failure to obey a lawful regulation. There are various other branch regulations, such as in the Army and Navy, that also prohibit huffing. My recommendation – stick with runner’s high.
Mat Tully is a retired Army Lieutenant Colonel with tours in Iraq and Afghanistan. Mat is the Founding Partner of Tully Rinckey PLLC, a coast to coast law firm defending the legal rights of servicemembers. The above is not intended as legal advice.
It’s not very often we Americans want to cheer for the Internal Revenue Service. This is the organization that takes a significant chunk of our paychecks every week, after all. But trust me, by the end of this, you’re going to give this particular law enforcement agency its due. So while they irk us for the money it takes, the IRS also busts tax cheats and will reach out to taxpayers to inform them bout how to pay and pay the right way.
Oh, and they helped bring down one of the largest child pornography websites ever, netting hundreds of pedophiles worldwide, people who thought they’d never get caught. It became an international, inter-agency success story.
It’s a well-known fact that almost anything, no matter how illicit, is available on the dark web, a section of the Internet that isn’t indexed by search engines and is protected by layers and layers of encryption that can only be accessed using Tor, a special browser. An estimated 57 percent of dark web activities are illegal in nature, including the sale of stolen bank accounts, drugs, and child pornography. Because of the anonymity of the dark web, blockchain technology, and the bitcoin used to purchase much of these items, predators, hackers, and drug dealers think it’s a reasonably safe marketplace. Now the IRS can tick off its first score against these illicit practices.
An informant revealed the existence of a child pornography website to federal agents, one that appeared because other sites were shut down by authorities. This site, called “Welcome to Video,” accepted bitcoin as payment, a further way to guarantee the users’ anonymity. But the IRS doesn’t normally cover this ground. So they turned to Homeland Security for help in following the money.
The investigators weren’t able to trace the source of the server hosting the imagery, but through a defect in the website, they were able to trace individual elements of the site. Meanwhile, IRS agents sent bitcoin to addresses associated with the Welcome to Video site. The addresses, they found, were going to addresses given to them by a criminal informant. The feds were able to trace the blockchain ledgers of bitcoin transactions within Tor, a supposedly anonymous browser. Then they divided their resources, one would find the users of the site, and another would find its host.
Federal agents copied one of the confirmed users’ mobile phones and laptops when it was confiscated at an international airport. From there, they traced its bitcoin transactions to South Korea and the United States. They confirmed payments to the Welcome to Video site but also found the website operator’s bitcoin transactions. That’s when they hit the jackpot – the operator of the website opened his U.S. exchange account with a selfie – holding his South Korean passport.
Authorities in Seoul raided the home of a 22-year-old living with his parents, who hosted a “mammoth” child porn site. They took down the site but didn’t alert its users. They were next. Instead, they uploaded a page in broken English about updates being made to the site.
Now that they had the server, authorities in the U.S., South Korea, and London had access to all of “Welcome to Video’s” users. This information led to the arrest of some 300 people in 12 countries – including DHS Agents and other Americans in Georgia, Texas, and Kansas. The Wall Street Journal reports that as a result of the server’s seizure, 23 minors were rescued, all being held and abused by users of the website.
Most of the arrested individuals have since pled guilty or are already serving time. One of the alleged users jumped from his balcony, killing himself.
For the whole story and more details about the amazing work of the IRS, check out the full story in the Wall Street Journal… and try to remember this on April 15th.
The 2018 National Defense Authorization Act, which became law in December, provides the military justice system new tools to prosecute service members who maliciously distribute sexually explicit images of others.
The 2018 NDAA adds Article 117a to the Uniform Code of Military Justice. “The new article is titled ‘Wrongful broadcast or distribution of intimate visual images’,” said Lt. Col. Jay L. Thoman, a judge advocate and the chief of the Army’s Criminal Law Policy Branch.
The “Marines United” scandal of 2017 was a driving force behind the addition of Article 117a to the UCMJ, Thoman said.
As part of that scandal, more than 30,000 active duty and retired armed forces members were initially accused of being involved in the distribution or viewing of private, intimate, or sexually explicit imagery. A portion of the distributed material included images of female service members and military spouses.
“Posting compromising pictures of fellow service members not only works to undercut the trust within the unit but is completely counter to the values the services represent,” Thoman said. “It has the potential to destroy unit cohesion, hurts the victim, and is destructive.
“With the implementation of Article 117a, there is now a clearer way to bring offenders to justice,” Thoman said.
“It seems that Congress wanted to make sure that this type of behavior was unmistakably not acceptable. Criminalizing the conduct sent just that message,” Thoman said.
With the passing of the 2018 NDAA, those who distribute the kinds of images that were part of the “Marines United” scandal are now on notice that they could be found “guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.”
Article 117a, now part of the UCMJ, goes to great lengths to clarify what constitutes wrongdoing, and defines specific terminology, Thoman said.
According to the article, the accused should know that the person depicted in the image retains a reasonable expectation of privacy.
In addition, the accused should know that the broadcast of imagery was likely to cause “harm, harassment, intimidation, emotional distress, or financial loss to the person depicted in the image, or harms substantially the depicted person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.”
To provide even further clarity, lawmakers defined in detail the language used in the law.
The term “broadcast,” for instance, means to “electronically transmit a visual image with the intent that it be viewed by a person or persons.”
The term “sexually explicit conduct” is defined to include “actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.”
Other terms defined include “distribute,” “intimate visual image,” “reasonable expectation of privacy,” and “visual image.”
A necessary change
According to Thoman, there was a limit to the actions the U.S. military legal system could take against a service member prior to inclusion of Article 117a in the UCMJ.
“While it has been illegal to create an indecent photo of an unknowing subject, if they willingly participated, the legality of forwarding that picture to a third party was uncertain,” he said.
An example of this most commonly occurs in a relationship turned bad. If two Soldiers are dating, Soldier A can legally take a graphic picture of themselves and then send it to Soldier B, in most situations.
“However, just because it is legal does not necessarily make it a good idea,” he added.
Soldier B cherishes the picture and did not think of showing it to anyone else until the relationship sours and the two Soldiers breakup. Soldier B, still feeling angry about the breakup, forwards the picture to Soldier A’s squad. While Soldier B is temporarily upbeat about thinking of such an easy way to get back at Soldier A, in all likelihood, Soldier B has just committed a federal crime, Thoman said.
According to Thoman, the legal analysis to get to a federal conviction is now more straightforward for that case.
The accused knowingly distributed an image of another person. The image depicted the private area of that person. The person was identifiable. The identified person did not give their consent. The accused knew the person depicted had a reasonable expectation of privacy and was caused emotional distress as a result of the distribution. Finally, under the circumstances, the accused’s conduct had a reasonably direct and evident connection to a military environment.
In addition to the changes to the UCMJ, Sexual Harassment/Assault Response and Prevention program officials want to ensure that support is available to Soldiers impacted by the illegal broadcast of intimate or sexually explicit imagery.
Considered to be a form of sexual harassment, victims of the crime as spelled out in Article 117a who choose to receive services will receive support from a victim advocate who can provide crisis intervention. That intervention includes such things as referrals to behavioral health, chaplains, special victim witness liaisons, and the victim witness assistance program.
Additionally, Soldiers will have access to safety planning, accompaniment to interviews and appointments, and assistance with obtaining a military or civilian protective order, according to LeWonnie Belcher, SHARP program office branch chief for communications, outreach, and leadership engagement.
According to Thoman, the implementation of Article 117a fills a gap in military law. And while technology will continue to evolve, he said, the new law was written broadly enough to accommodate those changes.
“I think ‘revenge porn,’ as it is commonly called, is a growing issue across society,” Thoman said. “Because of that, we see an increase in the frequency in the military as well. Ultimately, Article 117a could help prevent that divisiveness in the future that could disrupt a unit when something like this happens.”
In the hearts of patriots all across this great country of ours, Old Glory isn’t just a piece of red, white, and blue cloth — it’s a symbol. A symbol of freedom, democracy, and the American way of life. No one knows this better than the military community, who go to war with the flag on their shoulders. Even after service, you’d be hard-pressed to find a veteran who doesn’t have a flag displayed in their home in one way or another.
Today, Old Glory is touching the lives of thousands as it makes its away across the country, carried by veterans, troops, and patriots alike on a trek from Boston, Massachusetts, to sunny San Diego, California. Over ten thousands pairs of hands will have carried the flag as it moves across twenty-four states and over 4,300 miles. Along the way, The Stars and Stripes are bringing attention to many of the issues that the veteran community faces.
This is Team RWB’s Old Glory Relay.
The best way to get everyone’s attention? By making a large event that runs from September 11th to November 11th.
Every participant in the Old Glory Relay is running to support their own cause, but all of these causes are important to the veteran community. Chief among these issues are the disastrously high suicide rate within our community, the struggles of isolation, sedentary lifestyles, finding meaningful post-service employment, and combating the stigma surrounding veterans seeking help for mental issues.
There’s no simple solution to any of these problems. There’s no magic wand to wave and make them disappear. It takes a serious conversation within the community. And this conversation can only happen when we all come together and make our voices heard in a singular, booming voice — and that’s exactly what the 10,000 men and women carrying the flag across the country are doing.
If you miss your time in the airborne, don’t worry: They have skydiving events as well.
Recently, We Are The Mighty chatted with Tom Voss, an Army veteran and member of Team Red, White Blue (or Team RWB) who will be carrying the flag across the finish-line on Veterans Day, November 11, 2018. Voss is no stranger to participating in events to raise awareness for veteran issues. A couple years back, he and another Iraq War veteran walked across the country to put that much-needed spotlight on important issues.
“It’s always important to pay homage and pay our respects to all
the men and women that came before us.” said Tom. “Look at the American Flag — that’s what it represents. It represents the men and women who
have sacrificed everything, the families that have sacrificed everything
so that we are able to live the lives that we do today.”
Team RWB’s mission is to enrich the lives of America’s veterans. They do this by connecting veterans to their community through physical and social activity. Outside of massive events, like the Old Glory Relay, local Team RWB chapters assist local communities in smaller ways, like placing flags at the Kentucky Veterans Cemetery, building housing areas with Habitat for Humanity in Los Angeles, putting on Range Days in Grand Rapids, Michigan, all to bring veterans together within their communities.
The veterans who participate in these events get a sense of camaraderie that they’ve been missing since their departure from active-duty life — but the door is always open to civilians, too.
The Old Glory Relay is like a perfect encapsulation of everything great about Team RWB. Veterans, active duty troops, and civilian patriots are banding together for a great cause. In addition to bringing attention to many of the issues that the veteran community faces, they’re also helping bridge the ever-expanding civilian-military divide.
“I think what it comes down to is, veterans are open and willing to share their stories. But you have to ask. Coming from a place of non-judgement and not just saying, ‘thank you for your service,’ but really asking, ‘what happened during your time in Iraq or Afghanistan? Because I weren’t there. I don’t know. All I know is what I saw on the news.’ Coming from a genuine place like that from the civilian standpoint is really important.”
If you’re in the area, be sure to catch Tom Voss and the rest of Team Red, White, Blue as they cross the finish line in San Diego, California on November 11th.
CLEVELAND, Ohio — After getting a taste of wearing uniforms and drilling while attached to a JROTC unit in high school, New Orleans native Adrian Bruneau joined the Marine Corps on his eighteenth birthday.
“My father was a colonel in the Air Force and he was not very happy about that,” he recalls. “He came straight home and said, ‘Son, don’t you know people get killed in the Marine Corps? I said, ‘Dad, I’m pretty sure people get killed in the Air Force flying and whatever too.'”
Bruneau wound up spending 15 years in the Corps — 8 on active duty and 7 in the reserves — primarily working as an avionics technician. “If it had an electronic heartbeat in an aircraft I could work on it,” he says. “Whether it was nav gear, satellite gear . . . anything that was electronic — not electric, but electronic — that needed to be fixed I could fix it.”
But while Bruneau got a lot of satisfaction out of his military service, his real passion was politics, largely because his father had been in the Louisiana state legislature for 32 years. As soon as he got off of active duty, he walked into the State House and found a job as an aide to a state senator. After working as a staffer at the state level for awhile, he decided he wanted to try his hand at working on political campaigns.
“I asked Ron Forman — a candidate for mayor of New Orleans and a longtime mentor — if I could have a job on his campaign even though I was a Republican and he was a Democrat — a conservative one, but still,” Bruneau remembers. “It was an interesting race for mayor because it was right after Hurricane Katrina and there were a lot of issues to figure out for the people there. After that, things just kind of snowballed.”
He formed a corporation — “BHC” — to give him some business and legal protections. Bruneau says, “My dad told me, ‘Somebody’s going to blame you for something at some point in time, so you’d better have the legal protection to back it up.’ ”
He followed that race (that was won by high-profile figure Ray Nagin) with a pivot into judicial elections — “popularity contests for lawyers,” as he puts it. And he made it a point to work on both Republican and Democratic campaigns.
“New Orleans is a little blue dot in a sea of red,” Bruneau says as a way to justify his bi-partisan track record. But as his network and impact grew along with his desire to work beyond the border of New Orleans, a trusted friend who worked at the national level told him he had to pick a side.
Bruneau focused on the Republican Party, and his first job was working on the campaign of Ilario Pantano, another Marine Corps veteran, who was running to fill North Carolina’s Second District congressional seat. Pantano, who first came to national prominence after being accused of murdering innocent civilians in Haditha, Iraq, while serving as a platoon leader — an allegation for which he was ultimately not charged — lost the race. But that didn’t deter Bruneau from jumping right back on the campaign trail with another hopeful.
“It’s just like a military campaign, really,” Bruneau says while describing the nuts-and-bolts of running political campaigns. “You got your ground game, your air game, and your logistics. Air game is your media, your television. On the ground side, you organize people and get the fire going, which I actually enjoy better.”
He doesn’t enjoy the fundraising part of the process. “Not my space,” he says. “I just stay away from that. I’m a Marine. Go stick me in the ground and let me do my thing.”
Bruneau admits the political world can be frustrating at times. “You serve two masters,” he says. “The candidate always has a group of insiders — his ‘kitchen cabinet,’ people he’s had around him his whole life. Sometimes those people were helpful, but other times they’d get the candidate’s ear and I’d have to spend hours talking him out of a bad idea. I’ve seen good people lose because they listened to the wrong people and I’ve seen candidates who I never thought could win do so because they formed a good team and listened to them.”
This week, Bruneau is in Cleveland because he has another role in politics beyond running Gulf South Strategies, the current name of his consulting firm. He’s an RNC delegate from Louisiana.
“Back in 2012 my business partner and I reached out to the Trump campaign through the state party chairman, but soon thereafter we were told that Trump was going to endorse Mitt Romney,” he says. “This time, the Trump campaign came to us and said, ‘Hey, fellas, we think we’re going to do this again.’ ”
Bruneau advised the Trump campaign on who should be part of their team in Louisiana, and because of that effort, he was asked if he was willing to be an at-large delegate. He jumped at the opportunity.
“A lot of people have said, ‘Gee whiz, Adrian, you’re crazy supporting Trump,’ ” he admits. “I said, ‘Nope, I read his book when I was a junior in high school and I’ve been fascinated by his business every since.’ ”
Bruneau admits that his path has been unorthodox, but he thinks politics is a viable follow-on career for those leaving the military.
“I tell former servicemembers that getting into politics is a relatively easy transition to make,” Bruneau says. “Politicians naturally have an appreciation for military service and are inclined to hire vets.”
Fort Sumter, South Carolina was famous for having suffered the first shots of the Civil War in April 1861. Over three years later, the two sides were still fighting over it. Confederate troops held the badly damaged fort while Union soldiers fired on it with artillery from batteries on nearby islands.
On Dec. 5 an unidentified Confederate soldier in Fort Sumter saw a Union soldier moving in Battery Gregg, 1390 yards away. The Southerner was likely using a Whitworth Rifle when he lined up his sights on the Union soldier and fired, killing him.
Whitworth Rifles are sometimes called the first real sniper rifle. Capable of accurate fire at 800 yards, its hexagonal rounds could penetrate a sandbag to kill an enemy standing behind it.
The rifle made the shot easier but the skill and luck needed to kill an enemy at 1,390 yards was still great. When the rifle was mounted on a special stand and tested at 1,400 yards, 10 shots created a grouping over 9 feet wide.
Unfortunately, the record-setting shot on Dec. 5, 1864 was illegal. The Confederate soldiers didn’t know a ceasefire was in effect in the area and the shot violated that ceasefire. Other Confederate snipers at Fort Sumter took up the volley, forcing the Union troops to seek cover.
Fort Sumter in Sep. 1863 had already been subjected to two years of shelling by Confederate and then Union forces. After this photo was taken, it would suffer another year of shelling before the events of Dec. 5, 1864.
The Union soldiers endured the fire for an hour before they responded. They began firing cannons from the battery at Cummings Point, a group of cannons protected from retaliation by iron armor.
Both sides returned to the truce, but it didn’t last. Charleston was still under siege and Union batteries soon resumed shelling the city. In mid-February 1865, Confederate troops withdrew from Fort Sumter and Charleston as Maj. Gen. William Tecumseh Sherman arrived on his famous march to the sea.