When Foxes Report on Foxes in the Henhouse

AND SOMEDAY THE CHICKENS WILL COME HOME TO ROOST

FROM THE NEW YORK TIMES: A high-level Army investigation has cleared four of the five top Army officers overseeing prison policies and operations in Iraq of responsibility for the abuse of detainees there, Congressional and administration officials said Friday.

Among the officers was Lt. Gen. Ricardo S. Sanchez, who was the top commander in Iraq from June 2003 to July 2004. He was the highest-ranking officer to face allegations of leadership failure in connection with the scandal, but he was not accused of criminal misconduct.

FROM THE WASHINGTON POST : The only Army general officer recommended for punishment for the failures that led to abuses at the Abu Ghraib prison and other facilities in Iraq and Afghanistan is Brig. Gen. Janis L. Karpinski, who was in charge of U.S. prison facilities in Iraq as commander of the 800th Military Police Brigade in late 2003 and early 2004. Several sources said Karpinski is expected to receive an administrative reprimand for dereliction of duty.

The report put no blame on Lt. Gen. Ricardo S. Sanchez.

The Heretik Joe Ivory Mattingly finds this simply astounding.  What follows in bold text comes straight from the Uniform Code of Military Justice. Clearly something is very wrong here when the basic principle of the chain of command is not recognized.  Commanding officers are responsible for their own acts and the acts of their subordinates.  Sanchez is doubly responsible.

893. ART. 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

897. ART. 97. UNLAWFUL DETENTION

Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct.

877. ART. 77. PRINCIPALS

Any person punishable under this chapter who--

(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or

(2) causes an act to be done which if directly performed by him would be punishable by this chapter, is a principal.

878. ART. 78. ACCESSORY AFTER THE FACT

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

879. ART. 79. CONVICTION OF LESSER OFFENSE

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

880. ART. 80. ATTEMPTS

(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

881. ART. 81. CONSPIRACY

Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

934. ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Perhaps it is by discretion of that court that Sanchez gets off from what should be his worthy punishment. Is this what happens when the foxes report on the foxes in the henhouse?  What do you think?

HAT TIP TO BITCH PH.D

Comments

[mutant cat]

You could ask them, if the Commanding officer's plead their innocence in cases like this, that what the fuck is the point of having a hierarchy in the military if the highrt up ranks have no control over what their people are doing? Either he's guilty himself or he's just completely crap at his job and has no business being there.

[somegirl]

don't worry they'll get around to scrapping those pesky rules from the pre 9/11 world soon enough. this will be used as "proof" that they are obsolete.

[wanda]

This is the ultimate kiss up, kick-down job of investigating.
Using my past experiences with the military (first a military brat, then spouse), I can tell you this is EXACTLY what I (as well as most of the vets I know), expected. The only policiing done in the military is within the enlisted and lower ranks.
If Gen. Karpinski, had kept her mouth shut and played along with the good ole boys club she too would have gone uncensured. When she spoke to the press and gave interviews, her fate was sealed.

[NeoCon Crusher]

This is exactly the type of subjective justic the NeoCons are looking to implement by doing away with the filibuster so they can appoint more "conservative" judges.

What they mean is they want judges who will be sympathetic when felllow NeoCons break the law and just slap them on the wrist while they throw liberals in jail for watching sponge bob square pants.