Emails between DOD Officials re: Army Reserve Command Assessment of Military Police and Military Intellgence training

(Iv W(6)z- #1.txt Subject: USARC Special Assessment of MP / MI:training LTC Simply sending an e-mail to you an e-mail following our phone call this morning so that you can get the name [LTC , e-mail address [see:1Tc line above], and phone number [ (404) o Rc IG PoC for the on-going Special Assessment that LTG Helmly directed in the attached memo. Please coordinate with him if you can find any Judge Advocates who can help assess B Co, 165th MI Bn "interrogation training" apparently scheduled for Sunday 6 June from 0800 - 1130 at Ft. Snelling and the 327th MP Det.'s "Geneva Conventions training" apparently scheduled for 0830 - 1130 on 6 June at Arlington Heights, IL. LTC1111111111, Acting Chief, Military Law Division OSJA, US Army Reserve Command, Ft. McPherson, GA Duty Phone: (404) BMW DSN: 367 Fax: (404) MEW Home Phone: - From: 11111111111! LTC USARC SJA Sent: a May 7 2004 11:31 AM To: LTC (88 SJA); COL (88SJA) L C US . TC USARC SJA; SJA USARC SJA; MAJ - SJA; LTC111111 Su ject: FW: 37 etainee ea , MP Investigation (Bagra ) Sir: Forwarded simply FYI. BG Beasley replied to my e-mail after I had already left for the Senior JA / IG War Council in New Orleans. Please let this e-mail stand for the confirmation you requested that our o ice has received specific direction from the FORSCOM OSJA that they are the lead and sole command / OSJA that will determine the handling and prosecution of all cases in connection with this unit and the detainee deaths in Bagram. In effect FORSCOM has "withheld jurisdiction" at this point. Of course the administrative flags for all of these soldiers should remain in place. For those Soldiers with an approaching ETS date, your command needs to ensure (I know I'm asking you - yet again - to check on this !) that the flags that are Page 9 02 3136 DOD-048929 cak 00)(6) z_ #1.txt already imposed are with a view towards trial by court-martial (thus preventing an ETS). V/R LTC Acting C ie , ilitary Law USARC OSJA (404) 011111111, . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent . Wednesda May 12, 2004 3:29 PM To:.LLTC USARC SJA Subject: Re: 377th MP Investigation (Bagram detainee deaths) 1111111, Thanks very much. unlike some other cases, I think that these are being handled well ... Although maybe a bit slow. That is attributable, believe, to some unique problems. I appreciate the input, and recognize that we may have to move quickly when jurisdiction is determined. M Beasley, CG, 88th RRC Sent from my BlackBerry Wireless Handheld . Ori final Message. From:.LTC USARC SJA 4111111111Itus.army.mil To: Beas ey, is ael W BG 88 CMDGRP CG) Michael.Beasleyl@us.army.mil ; 88 SJA).us.army.mil: ' J = SJA forscom.army.mil:4111111111111111,Cw3 1 @belvoir.army.mil: COL (88SJA us.army.mil ent: sun May 09 14:26:56 2004 Subject: RE: 377th MP Investigation (Bagram detainee deaths) sir: To my knowledge, there has been no determination yet as to which Active Army installation could or will host any of the potential UCMJ proceedings associated with this investigation. The FORSCOM OSJA, however, has the lead and is still discussing and coordinating the issue of where / when / and how the logistics of any UCMJ proceedings may occur. This may prove to be a case where any prosecution is handled with FORSCOM lead and assist provided by mobilized Army Reserve Judge advocates and enlisted legal personnel. Your OSJA and ours continue to remain in contact with, and offer support to, the FORSCOM OSJA as it continues to coordinate and direct the handling of these cases. Simply FYI, I am attaching an e-mail I sent earlier today that notes that wire service stories are now repeating the specific names of the detainees involved in the investigation into the 377th MP Co.. There has still been no known media identification of the 377th MP Company or any other specific military units in connection with these deaths. V/R LTC Acting AilliBirary Law Division Page 10. 023361 #1.txt Office of the Staff Judge Advocate U.S. Army Reserve Command (ATTN: AFRC-JA) 1401 Deshler Street, SW Fort.A 30330-2000 so. DSN 367. Fax: (404).or.Ext. . . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunda May 09, 2004 2:13 PM To:.LTC (88 SJA USARC SJA LTC USARC Cc: MAJ - SJA; CW3';.COL (88SJA) Subject: RE: Exsum, 377TH MP Titling Has there been any further determinations or discussion of jurisdictional issues? BG Beasley, CG, 88th RRC . Or From:.LTC (88 SJA) Sent:. Thursda Ma 06, 2004 12:03 PM To:.LTC USARC SJA Cc:.MAJ - SJA; 411.111111111111111/ CW3'; Beasley, Michael W BG (88 CMDGRP CG);.COL Subject:.FW: Exsum, 377TH MP Titling LTC The attached exsum includes details of the current titling of 377th504 -diers. This info has been confirmed as current by CID and MAJ.the trial couffgel. File: EXSUM 377th MP Cases.doc » 4111111111111111 LTC, JA, Deputy0JA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 From: Sent:.: ues ay, May 1 ,. To:.LTC (88 SJA) Subject:.RE: A u Grahaib Obviously that seems to be the reasonable course. After thinking about it, I added a postscript that its to be considered a press account of the document. we cannot verify the authenticity or classification since it did not come through channels. The training value is the same. The detail is chilling however. MP Bdes have a JA slot in the MTOE. Page 11 023362. #1.txt Tough times. ' . 0 . From: LTC (88 SJA) [mailto: @us.army.mil ] y. 111114#10, 2004 3:31 PM Sent: Tues 0ay,. To: 4.1.11111111/11111.6.111111111•111111111) subject: RE: Abu Grahaib Thanks sir. I'm aware of it. As I understand, it was not officially released and is technically classified. Someone released it to the media improperly is what I've heard. I also heard there was some discussion through DOD about trying to block access to it by electronic means, but apparently cooler heads determined that this would likely be both ineffective and improper. I think it would work well for training purposes. LTC, JA, Deputy SJA 88th RRC 506 Roeder circle Ft. snellin. MN 55102 Tel: 612 Fax: 612 .final Message. Ori From:.[mailto111111111111110 SentLLjes ay, May 11, 2004 1:59 PM To:.(E-mail) Subject: Abu Grahaib 41111111kon't know if you are aware of it, but the complete 15-6 for the Abu Grahaib situation is available through the press. It would appear that it was released at some point as it is consistently referred to. Interesting reading if you have not reviewed yet. I am using it for training, ie, what are the GPW standards that are implicated, as well as the leadership lapses. Let me know if you need a reference. From: Sent:.May 11, 2004 1: 9 PM To:.(E-mail) Subject:.Grahaib Allillikon't know if you are aware of it, but the complete 15-6 for the Abu Grahaib situation is available through the press. It would appear that it was released at some point as it is consistently referred to. Interesting reading if you have not reviewed yet. I am using it for training, ie, what are the GPW standards that are implicated, as well as the leadership lapses. Let me know if you need a reference. 11111, From:.@us.army.mil Sent: mon a. 0 2004 9:53 PM To: Cc:.usarc-emh2.army.mil Page 12 023363 DOD-048932 • ad OA) 2 -e,c-etic--"7 #1.txt Subject:.Re: FW: INVESTIGATION Hello SGM WWII* just following up to see if there is any update on the investigation assignment. Thanks. SFC all 4 .original Message . From.aol.com Date: Tuesday, March 23, 2004 6:48 pm Subject: Re: FW: INVESTIGATION SFC. : Thanks for your interest in helping us out. I am s, our full time Deputy staff Judge Advocate. we will keep your name on file and when things are a little more determined, such as length of duty (probably two to four months), I will get back to you as LTC MN directs. Thanks again for expressing your interest and I will keep you advised. SGM.CHIEF PARALEGAL NCO, 88th REGIONAL READINESS COMMAND From:.CW3.@belvoir.army.mil] (4.9)—/ Sent: T •. , 'COL.(E-mail)'; -mail)'; MAJ SJA; - c: 'CW3. -mail ' •.maj.111111,(E-maTT)-'; (E-mai.LTC.mail)' ';' (E - Status Reports Bagram Detainee Death Cases 10 May 04 Attached are the most recent approved status reports pertaining to the Afghanistan detainee death ROIs. Copies are being provided to all addressees listed in the distribution section of the reports. we continue efforts to determine criminal culpability for the death(s). 111111111 101111E1111111/ CW3, MP HQ, USACIDC 703.806.0299 wk 703.806.0307 Fax DSN Prefix: 656 571.221.230 Cell (as of 1 Apr 04) (6/60.) ,-( belvoir.army.mil WARNING: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, law enforcement sensitive, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Page 13 023364 #1.txt If you have received this comm ni. ion in error, please notify us immediately by reply or by telephone (703).and immediately delete this message and all its attachments. From: Mr (88PA0) Sent:.May 1 , 2004 4:01 PM Monday, To:.rectorates (FTUS) 88th Di Cc:. 88 PAO Subject: Fw: USAR Public Affairs Guidance -- Abu Ghraib Signed By: 41111111111111@us.army.mil Importance: High inal Messa e. From:.Mr (88PA0) Sent: Monday, May 1i, 004 3:44 PM To: 88 300MP; 88 3030D; 88 330MD; 88 336TC; 88 643d ASG; 88 644th ASG; 88 645th ASG; 88 646th ASG; 88 88RSG Cc: 88 PAO Subject: FW: USAR Public Affairs Guidance -- Abu Ghraib Importance: High Please refer all media requests to the 88th RRC PAO. we will refer to the proper release authority. Please disseminate this message to your subordinate units. 0 . essa e From: Mr USARC PAO Sent: M on a 4 1:26 PM To: SOC PAO' 7th ARCOM @us.army.mi ; 100th Div PAO; 143d Transcom PAO; 311th PAO; 311th TSC PAO' 84th Div Maj.91DIV PAO; 95th PAO Maj. @us.army.mil ; -CHL-MS; 04th; 0:t Div; .m11; (Mr.) - Cc:. - PAO Subject:USARP ance -- Abu Ghraib Hello all, Page 14 623365 DOD-048934 #1.txt The following is USAR Public Affairs Guidance concerning the issue of abuse of Iraqi prisoners at Abu Ghraib, and the ongoing legal issues involving our Army Reserve Soldiers. Please remember that while the units involved come from the 99th and 77th RRC, you all may well have soldiers who were cross-leveled into those units. Any and all queries concerning actions of the units and/or individuals while in Iraq or any questions concerning the court-martial proceedings should be referred to CENTCOM PAO without comment. Any other questions concerning those soldiers, their character or their actions, the units involved, and the training of those units (or even MP training in general) should be referred to USARPAO without comment. . Any USAR soldiers or leaders commenting on these issues might jeopardize the ongoing investigations and ongoing courts-martial proceedings. Deputy Director, Public Affairs US Army Reserve 404 EMI From: 111111111111101 LTC USARC SJA Sent: 77177777.09, 2004 1:27 PM To:.TC (88 SJA); Beasley, Michael W BG (88 CMDGRP CG); Cc: MAJ - SJA;. COL (88SJA) Subject: RE: 377th MP Investigation (Bagram detainee deaths) Sir: To my knowledge, there has been no determination yet as to which Active Army installation could or will host any of the potential UCMJ proceedings associated with this investigation. The FORSCOM OSJA, however, has the lead and is still discussing and coordinating the issue of where / when / and how the logistics of any UCMJ proceedings may occur. This may prove to be a case where any prosecution is handled with FORSCOM lead and assist provided by mobilized Army Reserve Judge advocates and enlisted legal personnel. Your OSJA and ours continue to remain in contact with, and offer support to, the FORSCOM OSJA as it continues to coordinate and direct the handling of these cases. Page 15 023366 #1.txt simply FYI, I am attaching an e-mail I sent earlier today that notes that wire service stories are now repeating the specific names of the detainees involved in the investigation into the 377th MP co.. There has still been no known media identification of the 377th MP Company or any other specific military units in connection with these deaths. V/R 01111,111111. Acting C ief, Military Law Division office of the staff Judge Advocate - U.S. Army Reserve Command (ATTN: AFRC JA) 1401 Deshler Street, SW Fort McPherson, GA 30330-2000 DSN 367 + Ext. Fax: (40 (404) 464.or. . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, May 09, 2004 2:13 PM To: TC (88 SJA)..LTC USARC SJA Cc:.MAJ - SJA;.CW3' ; earaffarar COL . (88SJA) . Subject: RE: Exsum, 377TH MP Titling Has there been any further determinations or discussion of jurisdictional issues? BG Beasley, CG, 88th RRC . Ori. inal Message. From:.LTC (88 SJA) Sent: urs ,. , 2004 12:03 PM To:.TC USARC SJA Cc:.MAJ - SJA; cw3'; Beasley, Michael w BG (88 CMDGRP CG ;.COL ( Subject:.su. 7TH MP Titling LTA." The attached exsum includes details of the current titling of 377th soldiers. This info has been confirmed as current by CID and MAJ imp the trial counsel. « File: EXSUM 377th MP Cases.doc 1,11,111,1rSiA 88th RRC 506 Roeder Circle Ft. snellin. MN 55102 Tel: 612 Fax: 612 Beasley, Michael W BG (88 CMDGRP CG) Sent:.May 09, 2004 1:13 PM From:. Sunda. To: LTC (88 SJA);.TC USARC SJA Cc:.MAJ - SJA; CW3';.COL Page 023367 #1. txt (88SJA) Subject: RE: Exsum, 377TH MP Titling Has there been any further determinations or discussion of jurisdictional issues? BG Beasley, CG, 88th RRC . Or' inal Messa e. From:.LTC (88 SJA) Sent:. Thurs a Mar 6, 2004 12:03 PM To: TC USARC SJ Cc: MAJ - SJA; Cw3'; Beasley, Michael W BG (88 CMDGRP CG); COL Subject:.FW: TH MP Titling xsum,. LTC MI& The attached exsum includes details of the current titling of 377th Soldiers. This info has been confirmed as current by CID and MAJOR& the trial counsel. « File: EXSUM 377th MP cases.doc 41111111111111. LTC, 3A, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snell'.55102 Tel: 61 Fax: 612 From: 01111111111MLTC USARC SJA Sent:. Sunday, May 09 2004 12:53 PM To:.LTC (88 SJA); LTC USARC SJA;.COL LTC USAR Mr USARC PAO' R- Cc: CPT (88 SJA);11111111111Ml CPT (88 SJA); 11111111111p, Mr (88RRC, 300mP RE: MP. Afghan detainee deaths in the news As you may already know, the specific names of the Afghan detainees who deaths prompted CID's investigation of the 377th MP have resurfaced in the new. one AP article is available here http://apnews1.iwon.com/article/20040508/D82EHI2GO.html and is excerpted below to make it "Blackberry friendly": A Look Prisoners' Deaths in U.S Custody May 8, 1:29 PM (ET) By (OM 3 WASHINGTON (AP) -They were shot during riots and while trying to escape. One passed out during an interrogation and died. some of the deaths of prisoners in U.S. custody in Iraq and Afghanistan have been ruled homicides. Others were attributed to natural causes. Many of the case are unexplained. Army officials say they are looking into at least 25 prisoner deaths since December 2002. Page 17 023363 #1.txt Army Provost marshal Maj. Gen. Donald Ryder said last week that 12 deaths were the result of natural or undetermined causes, 10 were under investigation and three were classified as homicides. one of those homicides was considered a justified shooting of an escaping prisoner. A second was a case of excessive force; the soldier was demoted andAlischarged. The third, involving civilians, has been referred to the Justice DeWtment. The military has not provided details of the cases it is investigating. The CIA's inspector general is conducting inquiries into the deaths of three prisoners that may have involved agency officers or contractors. At least one case also is under review by the Army. It is unclear whether officials are investigating the deaths of more prisoners in those two countries. The Associated Press compiled the .followingreview of prisoner deaths reported in both countries, based on information from military and . intelligence officials, and the Teguba report, which is classified, internal Army investigation into conditions at the Abu Ghraib prison in the Baghdad area. Details about many of the cases are sketchy.... _Bagram Air Base, Afghanistan, Dec. 10, 2002: Dilawar, 22, an Afghan taxi driver, dies of "blunt force injuries" while in u.s. custody. This death - classified as a homicide - remains under investigation. _Bagram, Dec. 3, 2002: Mullah Habibullah, about 30, dies of "blunt force injuries" while in u.s. custody. This death - classified as a homicide - remains under investigation... Ryder also said 10 prisoner abuse investigations that did not result in deaths are moving ahead. The Army's acting secretary, Les Brownlee, said Frida -y„that an additional 42 potential cases of misconduct against civilians occurred outside detention facilities and are being investigated. They did not detail any of the cases.... Another AP wire story that began appearing in papers (such as this one http://seattlepi.nwsource.com/national/apasia_story.asp?/category.1104&s... OPrisoner%20Abuse ) includes the following text. It does not identify the victims involved in the 377th MP Co investigation but generally describes "the investigation" as "yet to be concluded." Saturday, May 8, 2004 - Last updated 7:18 a.m. PT U.S.: Afghan risoners treated humanely By (LJO3 ASSO.ITER KABUL, Afghanistan -- The u.s. military said Saturday it was treating its prisoners in Afghanistan "humanely," a day after Defense secretary Donald Rumsfeld apologized for abuses in Iraq. The deaths of three Afghans in secretive American detention centers are currently under investigation, and rights groups point to lingering allegations of torture of prisoners who have been held here. Spokesman Lt. Col. Tucker Mansager said that conditions for the detainees were "in the spirit of the Geneva Conventions," even though the prisoners had no legal claim to those conventions. The u.s. military views Taliban and al-Qaida prisoners as "unlawful combatants," and has held hundreds captured in the war that ousted the Taliban in late 2001 for more Page 18 #1.txt than two years without formal charge or access to lawyers. Mansager said the U.S. Army's inspector general performed an "in-depth" inspection of the military's main holding facility at Bagram, north of Kabul, in March. He said he didn't know if that review was prompted by the investigation of abuse of prisoners in Iraq, which began in January. The inspector's findings have not been released. But Mansager insisted prisoners were being treated properly in Afghanistan. "Persons placed under our control are treated humanely and kept under humanitarian conditions," Mansager told reporters. The American military says it changed procedures at Bagram, the main military base where it runs a closely guarded jail, after the death of two prisoners in December 2002, although it hasn't detailed what those changes are. The military . ruled both deaths as homicides after autopsies showed the men suffered blunt force -injuries, but has yet to conclude its investigation into them, saying it has been held up by the difficulty in gathering evidence among witnesses who have left Afghanistan and in some cases, military service. A third Afghan died in June at a holding facility in eastern Kunar province. A U.S. intelligence official said on Wednesday that the CIA inspector-general is investigating that death because it involved an independent contractor working for the agency. Asked if the force had received new orders on handling prisoners since the damaging revelations in Iraq, Mansager said officials in Afghanistan "on a regular basis reevaluate our procedures and techniques." "Any allegations of wrongdoing on behalf of coalition forces are always fully investigated once they are brought to our attention," Mansager said. Commanders in Afghanistan have refused to comment on findings in an internal Army report that prison guards in Iraq and Afghanistan were told to "soften up" prisoners so they would be more cooperative during interrogations. In Washington on Friday, Rumsfeld apologized for abuses of Iraqi prisoners at the Abu Ghraib prison and warned members the scandal could worsen with the release of videos and more photographs depicting brutality. V/R Acting Chief, Military Law Division Office of the staff Judge Advocate - U.S. Army Reserve Command (ATTN: AFROJA) 1401 Deshler Street, SW Fort McPherson, GA 30330-2000 (404) 464-.or DSN 367 + Ext. Fax: (404 From: LTC USARC SJA Sent: 06, 2004 1:42 PM To: LTC USARC SJA;.LTC USARC SJA;41111111111110 LTC (:8 SJA ubject: RE: Exsum, 377TH MP Titling no longer drilling. You might want to maintain visibility of his status for recall for trial. Not sure when his active reserve obligation v. statutory MSO date is. Assume that the flag will prevent his being processed as a nonparticipant. V/R, LTC asisima Deputy staff Judge Advocate US Army Reserve Command (404) 464-8058, DSN 367-8058 Fax: (404) Secure: (40 Page 19 023370 atif (6)(6J2 .e4rcerf-c- #1.txt From:_.LTC USARC SJA Sentikahaudaji.aali 06, 2004 2:00 To: VONIMIIIIIMMOILTC USARC SJA;. LTC USARC SJA Subject: FW: Exsum, 377TH MP Titling .- -- Or' '. From:.LTC (88 SJA) Sent:., 2004 2:03 PM To:.TC USARC S3 Cc:.- SJA; CW3'; Beasley, Michael W BG (88 CMDGRP CG ;. COL Subject:.m,. TH MP Titling LTCIIIIIIIII The attached exsum includes details of the current titling of 377th Soldiers. This info has been confirmed as current by CID and MAJ .the trial counsel. « File: EXSUM 377th MP Cases.doc LT , JA,.SJA 88th RRC 506 Roeder Circle Ft. Snelling. MN 55102 Tel: 612 Fax: 612- From:.TC USARC SJA Sent:.Thursda.06, 2004 1:01 PM To: LTC (88 SJA) Subject:.. xsum, 377TH MP Titling Many Thanks!.etc. or From: LTC (88 SJA) Sent: 0 • , 2004 2:03 PM. a4)- To: LTC USARC SJ Cc: JA; ' Cw3'; Beasley, Michael W BG (88 CMDGRP CG ; COL ( Subject: TH MP Titling LTC The attached exsum includes details of the current titling of 377th Soldiers. This info has been confirmed as current by CID and MAJ. the trial counsel. « File: EXSUM 377th MP Cases.doc LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. snellin.2 Tel: 612-Fax: 612- Page 20 02337i alikt.t02 Imao-443 &led #1.txt From: sent: 44, To: TC (88 SJA) , 2004 1:03 PM LTC USARC SJA Cc: 4 CMDGRP CG); Subject: FW - SJA; COL Exsum, 377TH MP Titling CW3'; Beasley, Michael w BG (88 LTC The attached exsumfincludes details of the current titling of 377th Soldiers. This info has been confirmed as current by CID and MAJ the trial counsel. LTC,5:wy SJA 6111111110 88th RRC 506 Roeder Circle Ft. Snelli 02 Tel: 612- Fax: 612- From: 1pIIIIIPIRMr (88RRC, 300MP) 666)-/ Sent: Ma 6, 2004 12:24 PM rsd TO: L C (88 SJA) , Cc: (88RRC, 300mpp,..-60) -/ Subject: Ts dates / Flagging Actions Signed By: (46,)_/ LTC imim Per our conversation. b SSA, 3001 military Police rfgade Telephone: (313) Facsimile: (313) Email: usarcemh2.army.mil AKO Emai @us.army.mil CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain Sensitive But unclassified Information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is irohibited. If you are not the i recipient, please contact the send r by reply email and destroy all copies of the original message. Orlginal From: TC (88 SJA) Sent: ,-•.- •. ...1=J:Tiff, , 2004 2:34 PM TO: (88RRC, 300MP)06.)--/ Cc: : G (88RRC, rarmurthTki BG (88 CMDGRP CG)• mes '300mP); Mr (88RRC, 78 LTC (88RRC 3 (88 er, (88SJA 88 SJA); cw3 ; L Subject: RE: 377th ETS dates 04) .4 tr. 11111111 thank you for getting this information to us. Page 21 023372 • #1.txt I spoke to SFC a the 377th MP Co this morning to verify the ETS date on SPC which was listed below as Jan 04. That was a typo. SPC 4 Jan 05, not Jan 04. ,. 03,46-1 SFC also proVided me with clarifications on the followipg personne w o have release dates from TPU service prior to their actualCSX) ETS (statutory obligation): 11 SPC TPU expires 5 Jan 06; ETS 5 Jan 08 47/ SPC TPU expires 24 Aug 06; ETS 24 Aug 08 SPC TPU expires 1 Aug 07 ETS 1 Aug 09 Further, one soldier we thought was flagged, SPC was releasdd from the unit and transferred to the IRR in t e a 1, upon completion of a 6x2 contract (i.e., 6 years in a drilling unit; now performing 2Tyears in IRR for his 8 year statutory completion). I'm waiting for a copy of his release order. SFC verified the other soldiers' ETS dates as they are listed below. •111011011111RI SJA 88th RRC 506 Roeder Circle t C4(0-z Ft. Snellin, MN 55102 Tel: 612 Fax: 612- original From: J (88 SJA) Sent: We k 2004 9:12 AM To: OL (88SJA) Cc: (88 SJA) Subjec th ETS dates Sir, Attached are the individual ETS dates as requested. MA] Ass1111111111 Ridge Advocate 88th Regional Readiness command, SJA E-mail: us.army.mil Phone: 1. ext.11111111 DSN: 783. Fax: 612. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipients(s) and may contain sensitive but unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contatt the sender by reply e-mail and destroy All copies of the original message". , • I. .o Sent: From: Mr (88RRC, 300MP) (4.&. I Tr?j• • V•Il, • a. ¦ •¦¦•• —7. • • uary 25, 2004 6:21 AM TD: MA] (88 SJA) Cc: Beasley, Mic ael W BG (88 CMDGRP CG); Payne, James E BG (88RRC, 300MP); n LTC (88RRC, 785MP); s (88RRC, Page 22 (6)6J- / 0233"3 • #1.txt 300MP) Subject:. FW:4 377th ETS dates mAJ.tC110- 2_ Forwarded as requested. (6)6?) SSA, 300th Mi star P• ice Brigade Telephone: (313). t? Facsimile' Email:.@usarc-emh2.army.mil a-1 / . AKO Em..V2ft91 us.army.mil. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sote use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and deslroy all copies of the original message. . Origina. From: r (88RRC, 785MP) 0A)1 Sent: Tuesda., 2004 2:11 PM e. To:.88RRC, 300MP) Subje.TS dates -/ Here is informatioll You requested. 4.11111h MP Bn.( . Original Messa e From:. FC (88RRC, 377MP) Sent:.:51 PM slay, To:.Mr ($8RRC,I, 785MP) Subje ... 7;7th ETS date's dates: The following are -UT names of the flagged soldiers and their ETS SGT 22 AUG 2004 SPC 06 JAN 2004 SGT 05 JAN 2008 SPC 09 AUG 2007 SSG 08 JUN 2006 SGT 14 JUN 2008 SGT 13 JAN 2008 SSG 07 DEC 2004 SPC 27 AUG 2007 SGT 05 MAR 2005 SPC 24 AUG 2008 SPC 01 AUG 2009 SSG 15 MAY 2004 SGT 10 MAY 2008 SPC 14 JUN 2008 Page 23 023374 DOD-048943 • . #1.txt (904 aicetko.emake . On From: (88RRC, 785MP) Sent: 2004 12:46 PM To: FC (88RRC, 377MP) subject: FW: 377th ETS dates . 0 From: Mr (88RRC, 300MP) Sent: Tues ruary 24, 2004 12:37 PM To: Mr (88RRC, 785MP); (88RRC, 785MP) Cc:. Beasle IIIIiiiiiiiiiiiii BG (88 CMDGRP CG); Pa ne James E BG (88RRC, 300MP); LTC (88RRCi. 785MP);.s (88RRC, 300MP) Subject: FW: 377th ETS dates MAIO/ MAJ IIIIIIIII, Reference below email and previous traffic identifying person's of interest and directed flagging actions. Provide a by-name ETS roster back to me. I will forward back to the 88th RRC. SSA,.oliveBrigade t Mi 1.._ Telephonb: (313) Facsim . Email:.rc-emh2.army.mi1 AKO Ema.@us.arm‘mil CONFIDENTIALITVNOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclass'fied information or Privacy Act data. Any unauthorized revieU, use, dis osure or distribution is prohibited. If II you are not intended reci ient, please contact the sender by reply e-mail and destroy all copiesUlthe original message. -2_ From: J ($8 SJA) (6X1) Sent:.24, 2004 12:33 PM To:.($8RRC, 300MP) subject:.dates f.' has asked me toget the ETS dates for all of the flagged mem ';';'377th. If possible he would like to get this information today as the issue is rather urgent. Thanks for your help. MAJ CLW-2_ Assistant a. Judge Advocate 88th Regional Readiness command, SJA 04 6,) E-mail: 1111.111.@us.army.mi 1 . Page 24 5 02337 . lia:126-) -2(90- cta #1.txt ( Phon : ext. IIII DSN: Fax: . CONFIDENTIALITY NOTICE: This e mail message, including any - attachments, is for the sole use of the intended recipients(s) and may contain Sensitive but unclassified (sBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you Are not the intended recipient, please -contact the sender by reply e-mail and destroy all copies of the original message. From: SJA 111111111111scom.army.mil ] Iptillw MAJ - Sent: s ay, 06, 2004 10: AM To: ' J LTC (88 SJA)' subject: . xsum, 377TH MP Titling \ No problem Ma'am. Although I hate to make predictions, We may finally have reached action stage up here. we 11 see. . TF V/R, MAJ or es From: Sent: TC (88 SJA) [mailto: , 2004 9:28 AM @us.army.mil ] To: MAJ - SJA Subjec , 377TH MP Titling Thank you very much for the quick reply MAJ 11111111111.111111 LTC, JA, Deputy SJA 88th RRC 506 Roeder circle Ft. Snelling, MN 55102 Tel: 612-11 Fax: 612- ori final Message From: MAJ SJA [mailto:1111111111orscom.army.mil] - Sent: 6, 2004 8:13 To: LTC (88 SJA)'; CW3 442) -/ CC: - SJA subject: RE: Exsum, 377TH MP Titling Page 25 02337C att(),0? oceft, aomveJ #1.txt Ma'am: This looks very good to me. when the next status report comes out,you can probably expect to see more folks and more charges as this document predicts Very Respectfully, MA], JA Military Law Attorney, FORSCOM OSJA 404-11111.11 0 From: LTC (88 SJA) [mailto: us.army.milj Sent: wednesda 5, 2004 5:40 PM To: CW3' 0219-/ Cc: - SJA Subject: 377TH MP Titling 1'0/ «EXSuM 37 h MP Cases.doc» Agent - Would you be so kind as to verify that the titling have listed in the above ment ref the 377th MP soldiers is still current? Thank you. minomm LTC, JA, Deputy SJA 88th RRC • 506 Roeder Circle Ft. snellin 102 Tel: 612- Fax: 612 Ali From: Beasley, Michael W BG (88 CMDGRP CG) Sent:-, 2004 9:33 AM To: LTC (88 SJA) Subject: e:1 Bagram deaths re-appearing in the news Sent from my BlackBerry wireless Handheld t- Original message Page 26 02 3 3 77 DOD-048946 at-e664) -Z From: 11111111111111ILTC (88 SJA)..army.mil To: Be s ey, Michael W BG (88 CMDGR.e . easleyl@us.army.mil i. Sent: Thu May 06 10:28:55 2004 Subject: RE: Bagram deaths re-appearing in the news Sir, I spoke to LTC. last night and he specifically stated we are NOT tasked. However, knowing the sensitivity of this matter and the growing possibility that our unit's involvement might be broadcast, I have put together the information currently being sought and am having it reviewed by CID and the Mil —Justice attorney at __ FORSCOM for current accuracy.. s soon as get their confirmation, I will forward it to USARC and CC you and COL 3u y SJA 88th RRC 506 Roeder Circle Ft. Snellin.02 Tel: 612- Fax: 612 11111111111111 . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sento...6 06, 2004 8:05 AM To:.LTC (88 SJA) Subject: Re: Bagram deaths re-appearing in the news Are we being tasked to provide anything? If so, what and to•whom? Thanks, CG Sent from my BlackBerry Wireless Handheld On Fro LTC (88 SJA @us.army.mil To: USARC SJA army.mil CC: SARC IG LTC COL USARC PAO rmy.mi : ; Mr USAR 0 LTC USARC SJA LTC USARC SJA @us.army.mi MAJ SJA - rscom.army.mil; H. LTC - SJA @forscom.army.mi 1 W BG (88 CMDGRP CG) us.army.mil; COL (88SJA) us.army.mil; J (88 PAO) us.army.mil Sent: 5 14:16:57 2004 Subject: RE: Bagram deaths re-appearing in the news I'll start working on the ExSum. LTC.if USARC is using a particular format please serJ me a sample. I'll send my wri e up to MA) OM for review first since he has conducted a much more complete review of the case file than have I. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelli 102% Tel: 612 Fax: 612- Original Message Page 27 #1.txt From: IIIIIIIIIIII1PLTC USARC SJA Sent:. Tuesday, May 04, 2004 7:24 PM To:.LTC (88 SJA) Cc:.USARC IG LTC. COL RC IG-0;.TC USARC SJA;.LT.JA;. MAJ - LTC ­Subject:.• Bagram daths re-appearing in the news 4011111101 Still no specific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from March 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: "...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 invWigation,s underway of prisoner deaths -- mostly in Iraq -- and 10 pending casq6 involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." Several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights Watch http://www.hrw.org Kay Seok, Communications Coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation Should Probe Role of Superiors, Private Contractors NEW YORK - April 30 - The promised U.S. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The United States should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these *uses. Plootogrlaphs jn media accounts show l'u.S. military personnel in Baghdadfsbbjecting Iraqi detainees,to humillating and degrading treatment-and perhaps committing war crimes. Defense ;counsel for one of the'accutki .soldiers'claims that the soldiers had been ordered to "soften up" the detainees -NW interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the- 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Wight's Watch. "Their supeFiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show U.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united States in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the U.S. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The united States has also not adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. Page 28 G 23379 #1.txt " It's clear that the united states has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the problem that merits investigation. Human Rights watch is concerned that these contractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the u.S. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by u.s. courts. under the Geneva conventions; the united States nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. " If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir « OLE object: Picture (Metafile) » aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers - OLE object: Picture (Metafile) » WASHINGTON. (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. on capitol Hill, angry lawmakers - some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why Congress had been kept in the dark. Sen. John warner, R-va., chairman of the senate Armed services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "Who is responsible for what happened?" asked sen. Joseph Biden, the top Democrat on the senate Foreign Relations Committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. Making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "1 have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. since then, other Iraqis have alleged that they too have been beaten. Six U.S. soldiers are facing criminal charges and another six have been reprimanded. several investigations are under way at the Pentagon. Appearing at the united Nations in New York City on Tuesday, secretary of state Colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on U.S. foreign policy. "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A State Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "we all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the united Nations said: "The damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths Page 29 0 0 #1.txt in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the U.S. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. officials are continuing to investigate 10 deaths and 16-assaults. A third homicide was ruled justifiable by authorities. Military coronets•ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the Senate Armed Services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "what you see on those pictures is not indicative of our training or values," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate Select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the Senate Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, D-S.D., the senate minority leader, questioned why Bush hadn't learned of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not diStributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "TheF6 has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of Staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S. military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "We've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the United States, the answer is no" to access. The top human rights agency of the United Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents Warren Strobel at the united Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) Will keep you informed.... In any event, it might not be a bad idea to start prepaying an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" soldier in case LTG Helmly or others call for it. V/R LTC Acting Chief, Military Law Division office of the staff Judge A vo to U. eserve Command (ATTN: AFRC-JA) 1401 Deshler Street, SW Fort M_ c erson, GA 30330-2000 (404) or DSN 367 + Ext. Fax: HomePhone: . Page 30 023331 ( C ) #1.txt From:.44,11111111, cw3 belvoir.army.mil ] Sent: T ur a May , 200,41911,11P To:.LTC (88 SJA)' Cc:.A41115 (E-mail) RE: -777TH MP Titling .Exsum, Subject: I concur with my Trial counsel's read on the EXSUM, ma'amT-We -appreciate the attention and cooperation we have received from the reserve leadership in continuing to ensure these soldiers are flagged until such time as they can be adjudicated. Thanks. IRMO g(0) - CW3, MP HQ, USACIDC 70311111 wk 703 Fax DSN Pre ix: 656 cell (as of 1 Apr 04) belvoir.army.mil WARNING: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, law enforcement sensitive, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply or by telephone (703).and immediately delete this message and all its attachments. Ori inal Message. From:.LTC (88 SJA) [mailto.@us.army.mil ] Sent:.a 05, 2004 6:40 PM To:.CW3 044-1 Cc:.MAJ - SJA subjec : xsum, 77TH MP Titling . «EXSUM 377th MP cases.doc». -would you be so kind as to verify that the titling I have listed in the above document ref the 377th MP soldiers is still current? Thank you. Agent. 4111.1.111111. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. snellin. MN 55102 Tel: 612- Fax: 612 jai From: millimmilli MAJ SJA [4IIIIIIIIpforscom.army.mil ] - Thursda377-Way 06, 2004 8:13 AM Sent:. To:.LTC (88 SJA)'; 4IIIIIIIIIIIIIIIIPCW3 Cc:.A) - SJA Subject:.RE: Exsum, 377TH MP Titling Page 31 nC Pr VI Q 4-¦.Ai :J 4¦¦• DOD-048951 #1.txt ma'am: This looks very good to me. when the next status report comes out, you can probably expect to see more folks and more charges as this document predicts:,,, . very Respectfully, MAJ 1111111, MAJ, JA Military Law Attorney, FORSCOM OSJA 4°411/11111111 Ori inal Message. From:.LTC (88 SJA) [mailto us.army.mil ] Sent: We nes a. . Ma 05, 200,4_5:40 PM To:.CW3' 164)—/ Cc:.MA3 - SJA subjec.377TH MP Titling xsum, «EXSUM 377th MP LL c.6;,o )-4 uld you be so kind as to verify that the titling I have listed in the above Bailment ref the 377th MP soldiers is still current? Thank you. Agent Ea-. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. snellin. N 55102 Tel: 612 Fax: 612 Beasley, Michael W BG (88 CMDGRP CG) Sent:• Thursda. From:. ma 06, 2004 8:05 AM To:.LTC (88 SJA) subject:.Re: Bagram deaths re-appearing in the news Are we being tasked to provide anything? If so, what and to whom? Thanks, CG sent from my BlackBerry wireless Handheld Page 32 r, r1,1t, DOD-048952 #1. tXt . Ori•inal Message Fro LTC (88 SJA) us.army.mil ' To: USARC SJA .mil CC: COL USARC I LTC USAR us.arm mi . SA us.a my.m ; PAO us.army.mi ; LTC USARC SJA s.army.mil; LTC USARC SJA us.army.mi , MAJ - SJA - — forscom.army.mil; LTC - SJA rscom.army.mi.is ael W BG (88 CMDGRP CG) Beas e , us.army.mil; COL (88SJA) @us.army.mil; MAJ (88 PAO) us.army.mil Sent: We May i5 14:16:57 2004 Subject: RE: Bagram deaths re-appearing in the news I'll start working on the ExSum. LTC, if USARC is using a particular format please send me a sample. I'll send mylitite up to MAJ Dehn for review first since he has conducted a much more complete review of the case file than have I. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin 102 Tel: 612 Fax: 612 Ori•inal Message. From:.LTC USARC SJA Sent:.S4, 2004 7:24 PM To:.LTC (88 SJA) . C : COL LTC USARC IG; COL USARC PAO; mr USARC 0;.LTC USARC SJA; LTC USARC SJA; MAJ - SJA; LTC - SJA Subject: Bagram deaths re-appearing in the news Still no specific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from March 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: "...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." Several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights watch http://www.hrw.org Kay seok, Communications Coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation Should Probe Role of superiors, Private Contractors NEW YORK - April 30 - The promised U.S. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediatelj , involved, Human Rights watch said today. The United States should also investigate Page 33. 0"3(14 4,J 3 #1.txt the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show U.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel for one of the accused soldiers claims that -Xhesoldiers had been ordered to "soften up" the detainees for interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation 4process. "The brazenness with which these soldiers conducted themselves, snap ng photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photograph show U.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united States in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the U.S. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The United States has also not adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. " It's clear that the united States has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimensiondf;the problem that merits investigation. Human Rights watch is concerned that theseContractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the U.S. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by U.S. courts. Under the Geneva Conventions, the united States nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. " If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir « OLE Object: Picture (Metafile) » aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers « OLE Object: Picture (Metafile) » WASHINGTON - (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. On Capitol Hill, angry lawmakers - some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and Page 34 033335 #1.txt degrading and questioned why Congress had been kept in the dark. sen. John Warner, R-va., chairman of the Senate Armed Services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "who is responsible for what happened?" asked Sen. Joseph Biden, the top Democrat on the Senate Foreign Relations committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld.. --- --- making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "1 have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten. Six U.S. soldiers are facing criminal charges and another six have been reprimanded. several investigations are under way at the Pentagon. Appearing at the United Nations in New York City on Tuesday, Secretary of state colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on u.s. foreign policy. . "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A State Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser Condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "We all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The White House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the United Nations said: "The damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the u.s. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. Officials are continuing to investigate 10 deaths and 10 assaults. A third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George casey, vice chairman of the Army, briefed the Senate Armed Services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "what you see on those pictures is not indicative of our training or values;" Casey said. Page 35 1'') 3 3 S #1.txt Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate Select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over, us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the Senate. Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, DS.D., the Senate minority leader, questioned why Bush hadn't learned - of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "There has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S. military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "We've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the United States, the answer is no" to access. The top human rights agency of the united Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents Warren Strobel at the united Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" soldier in case LTG Helmly or others call for it. LTC Acting Chief, Military Law Division Office of the Staff Judge Advocate v/1 - U.S. Army Reserve Command (ATTN: AFRCJA) 1401 Deshler Street, SW Fort M P. son, GA 30330-2000 (404).or DSN 367 + Ext Fax: (404). ail CO( Home Phone: From:.MAJ SJA 111111111@forscom.army.mil ] - Sent:., a 05, 2004 1:. ne.P To:.LTC (88 SJA)' Subject:.. agram deaths re-appearing in the news Page 36 DOD-048956 #1.txt Thanks very much Ma'am. Very Respectfully, MAJ ori incl Message. . From:.LTC (88 SJA) [mailto :111111111111110us.army.mil] Sent: We nes a May 05, 2004 1:17 PM To:.LTC USARC SJA Cc:.COL USARC IG; SARC IG; P COL USARC PAO; TC USARC SJA; LTC USARC SJA; LTC - 11116:VI,rtel W BG (88 CMDGRP CG); COL (88SJA);111111.16 1111 MAJ (88 PAO)ITRTA: RE: Bagram deaths re-appearing in the news Importance: High I'll start working on the ExSum. LTA.. if USARC is using a particular format please send me a sample. I'll send my write up to MAJ for review first since he has conducted a much more complete review of the case ile than have I. 11111•¦• ' LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612 Fax: 612 .sage. Or From: Sent: To: Cc: SJA; LTC - SJA LTC USARC SJA May 04, 2004 7:24 PM LTC (88 SJA) COL USARC IG;.LTC USARC IG; Mr USAR AO; LTC USARC SJA;.MAJ - SJA; LTC USARC Subject: Bagram deaths re-appearing in the news iiiIiiii. Still no specific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from March 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: "...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: Page 37 0233S3 #1.txt FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights watch http://www.hrw.org Kay Seok, Communications Coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation Should Probe Role of superiors, Private Contractors 1A7 NEW YORK - April 30 - The promised U.S. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The United States should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show U.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel for one of the accused soldiers claims that the soldiers had been ordered to "soften up" the detainees for interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show u.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united States in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afglabistan, as Human Rights watch has previously reported, the U.S. government has siert° provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The United States has also not adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. " It's clear that the United States has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the problem that merits investigation. Human Rights Watch is concerned that these contractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the U.S. military from prosecution by Iraqi courts, outside the military chain of Command and thus ineligible for court-martial, and not subject to prosecution by U.S. courts. Under the Geneva Conventions, the United States nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. Page 38 023330 #1.txt " If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir « OLE Object: Picture (Metafile) » aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers « OLE Object: Picture (Metafile) » WASHINGTON - (KRT) - As investigations into u.s. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. on capitol Hill, angry lawmakers - some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why Congress had been kept in the dark. Sen. John Warner, R-va., chairman of the senate Armed services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "Who is responsible for what happened?" asked Sen. Joseph Biden, the top Democrat on the senate Foreign Relations committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "I have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten. Six U.S. soldiers are facing criminal charges and another six have been reprimanded. Several investigations are under way at the Pentagon. Appearing at the united Nations in New York City on Tuesday, Secretary of State Colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on u.S. foreign policy. "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A State Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser condoleezza Rice also went into damage control mode in Page 39 023330 DOD-048959 #1.txt interviews on several Arab television networks. "We all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the united Nations said: "The damage is.overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the U.S. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. officials are continuing to investigate 10 deaths and 10 assaults. A third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the Senate Armed services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "what you see on those pictures is not indicative of our training or iMlues," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the Senate Armed services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, D-S.D., the Senate minority leader, questioned why Bush hadn't learned of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is Page 40 023391 #1.txt abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "There has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S. military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "We've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the United States, the answer is no" to access. The top human rights agency of the United Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents Warren Strobel at the United Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) Will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" soldier in case LTG Helmly or others call for it V/R LTC Acting Zee , Military Law Division Office of the Staff Judge Advocate - U.S. Army Reserve Command (ATTN: AFRO JA) 1401 Deshler Street, SW Fort McPher. GA 30330-2000 (404) 464-.or DSN 367 + Ext. Fax: (404) Home Phone: From: Wiliainaln, LTC USARC SJA Sent:. Wednesda , May 05, 2004 1:20 PM To:.LTC (88 SJA) Subject:.RE: Bagram deaths re-appearing in the news . Ori• nal Message From: LTC (88 SJA) Sent: 05, 2004 2:17 PM To: LTC USARC SJA c: COL USARC IG' LTC USARCUSARC IG; ,.Mr USAR.USARC SJA;.LTC USARC SJA;..J - SJA' LTC - JA' Beas ey, Michael W BG (88 CMDGRP CG); COL (88SJA ; (88 PAO). Su ject:.RE: Bagram deaths re-appearing in the news Page 41 023392 ,j120)(01- #1.txt Importance:. High I'll start working on the ExSum. LTA.. if USARC is using a particular format please send me a sample. I'll send my e up to MAJ for review first since he has conducted a much more complete review of the case ile than have I. fr IllifgirS3A. 4- 88th RRC. 1;-": 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 6121,11,1111, Fax: 612 Original Message From: LTC USARC SJA Sent:. Tues a May 04, 2004 7:24 PM To:.LTC (88 SJA) Cc: 0 U ARC IG'.LTC USARC IG; L USARC PAO;. Mr USARC PAO; USARC SJ. TC USA ,• MAJ -*,. LTC - Subject:.Bagram deaths re-appearing in the news Still nospecific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from march 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: "...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights watch «http://www.hrw.org» Kay Seok, Communications coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation should Probe Role of Superiors, Private Contractors NEW YORK - April 30 - The promised U.S. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The united states should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show u.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel-for one of the accused soldiers claims that the soldiers had been-ordered to "soften up" the detainees for interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show U.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular Page 42 0"393 #1.txt humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united states in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the u.s. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The United states has,also not adequately responded to allegations-of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. " It's clear that the united states has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the problem that merits investigation. Human Rights watch is concerned that these contractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the u.s. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by U.S. courts. Under the Geneva Conventions, the united states nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. " If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir « OLE Object: Picture (Metafile) » aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers ‹ OLE Object: Picture (Metafile) WASHINGTON - (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. On Capitol Hill, angry lawmakers - some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why congress had been kept in the dark. sen. John warner, R-va., chairman of the senate Armed services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "who is responsible for what happened?" asked Sen. Joseph Biden, the top Democrat on the Senate Foreign Relations Committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. Making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to,Astice. "I have no doubt that we will take these charges and allegations most seriously," he Page 43 023394 #1.txt said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten, Six U.S. soldiers are facing criminal charges and another six have been reprimanded. Several investigations are under way at the Pentagon. Appearing at the United Nations in New York City on Tuesday, Secreta! of State Colin Powell said that even though the abuse had been perpetrated by'a small number of troops, he worried about the impact it will have on U.S. foreign policy. "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral.' A state Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser Condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "We all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the united Nations said: "The damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the U.S. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. Officials are continuing to investigate 10 deaths and 10 assaults. A 'third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the Senate Armed Services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "What you see on those pictures is not indicative of our training or values," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate Select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the Senate Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." TOM Daschle, DS.D., the Senate minority leader, questioned why Bush hadn't learned - of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 minutes," but failed to mention the allegations. "NOW, why were we not told in a classified briefing why this happened and that it Page 44 023395 #1.txt happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "There has been no attempt -to hide this," said Gen. Peter—Pace; -vice chairman of the-- Joint Chiefs of Staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S. military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "We've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the United States, the answer is no" to access. The top human rights agency of the united Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents Warren Strobel at the United Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) Will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" Soldier in case LTG Helmly or others call for it. ‘14 =kW. Acting Chief, Military Law Division Office of the staff Judge Advocate U.S. Army Reserve Command (ATTN: AFRO-JA) 1401 Deshler Street, SW Fort McPherson, GA 30330-2000 (404) 464.or DSN 367 + Ext. Fax: (404) Home Phone: (0) v From:4111111111.1111111MPLTC (99TH RRC) Sent: We nes a , Mai0.2004 11:54 AM To:.C. (88 SJA) (E-mail) Subject:.Pro ems Info. . ori i 1 Message. From:.IlpLTC USARC SJA Sent:. Wednesda , May 05, 2004 11:48 AM To:.LTC (99TH RRC) Subject: From:.LTC USARC SJA Sent:. We nes ay, May 05, 2004 7:07 AM To:.MAJ -.USARC SJA;11111IIIIIIIIIII,LTC (88 SJA) Cc: LTC USARC SJA;.LTC USARC SJA; 41.10 alliglip LTC -SJA; •.COL - SJA Page 45 .9 "3 9 °74 u ad (0 6) #1.tXt subject: RE: Bagram deaths re-appearing in the news Concur completely. I assume that OTJAG knows about their need to refrain from comment since this case is now being roped into the testimony and news comments i being made at DA and DoD level. Please advise if there's anything vie can do to help you. V/R, LTC Depurst..1111. ,geAdvocate US Arm Reserve Command (404) DSN 367 41110, Fax: (40 secure: Ori inal Message From: Sen : MAJ - SJA [mailto11111.11forscom.army.mil] May 05, 2004 6:56 AM To: LTC USARC SJA; LTC (88 SJA) MAJ - SJA; Cc: - SJA LTC - SJA; LTC USARC SJA; LTC Iiiliiii11111111111.; COL subject: RE: Bagram deaths re-appearing in the news sir/ma'am: As FORSCOM has the lead for legal support to the investigation, I suggest that you have USARC PAO coordinate with FORSCOM PAO to obtain PA guidance for any proposed release of information. specifically, it is my opinion as the sole legal advisor and potential prosecutor that no specific information from the investigation related to or regarding flagged soldiers should be released at this point for any reason (see PAO Manual for High visibtlity Court-Martial cases). we still have a lot to investigate and we do not want to jeopardize the investigation or any subsequent proceedings. I have been closely coordinating with our PAO folks for some time now for when this day occurred. If there are questions about my comments here, please coordinate them with LTC and COL very Respectfully, MAJ imp 1•11"1" Military Law Attorney, FORSCOM OSJA 40441111MM, original Message From: LTC USARC SJA [mailtoallillip@us.army.mil] Sent -Tuesday, May 04, 2004 7:24 PM To: LTC (88 SJA) Cc' COL SARC IG; LTC USARC IG; COL USARC PAO* Mr USARC PAO; LTC USARC SJA* LTC USAR SJA; AJ - SJA; LTC - SJA sect: Bagram deaths re-appearing in the news 14111,11. still no specific notice apparently made in the media of the 377th MP Co's ) Page 46 023397 DOD-048966 #1.txt involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from March 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: ...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual-assault. Also, one prisoner's death was ruled to have been a justified homicide...." Several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights watch http://www.hrw.org Kay Seok, Communications Coordinator (212) 216. 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation Should Probe Role of superiors, Private Contractors NEW YORK - April 30 - The promised U.S. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The United States should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show U.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel for one of the accused soldiers claims that the soldiers had been ordered to "soften up" the detainees for interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights Watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show u.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united States in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the U.S. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The united States has also not adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. " It's clear that the united states has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the Page 47 0 233 93 #1.txt problem that merits investigation. HumanRightsWatch is concerned that these contractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the u.s. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by U.S. courts. under the Geneva Conventions, the United States nonetheless remains responsible for the actions of-those running the detention facilities, be they regular soldiers, reservists or private contractors. ' If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." AS an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir «...OLE_Obj...» aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers «...oLE_Obj...» WASHINGTON - (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. On Capitol Hill, angry lawmakers ­some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why congress had been kept in the dark. Sen. John warner, Rva., chairman of the Senate Armed Services Committee, - called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "who is responsible for what happened?" asked sen. Joseph Biden, the top Democrat on the Senate Foreign Relations Committee. "I think it starts with Rumsfeld and works its way down.". Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. Making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "I have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten. Six U.S. soldiers are facing criminal charges and another six have been reprimanded. several investigations are under way at the Pentagon. Appearing at the united Nations in New York City on Tuesday, Secretary of state Colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on U.S. foreign policy. "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A state Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration Page 48 023399 #1.txt officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser Condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "we all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the united Nations said: "The —damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the u.S. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. officials are continuing to investigate 10 deaths and 10 assaults. A third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the Senate Armed Services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "what you see on those pictures is not indicative of our training or values," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate Select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, am afraid, said sen. Carl Levin, D-Mich., the top Democrat of the Senate Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, D-S.D., the Senate minority leader, questioned why Bush hadn't learned of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a • cover-up. Page 49 4.0f1U 0" "0 #1.txt "There has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of staff. "What we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S4, military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop.:. "We've visited prisons in places like Libya, which is not exactly knOin for its openness," said Amnesty International spokesman Alistair HodgetWaid. "But with the united States, the answer is no" to access. The top human rights agency of the united Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents Warren Strobel at the united Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) Will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" Soldier in case LTG Heimly or others call for it. V/R LTC Acting Chief, Military Law Division Office of the staff Judge Advocate U.S. Army Reserve Command (ATTN: AFRC-JA) 1401 Deshler Street, SW Fort McPherson, GA 30330-2000 (404) 1 or DSN 367 + Ext. Fax: (404) Home Phone: Sent: -We From: To: Cc: C.. MAJ - SJA; COL - SJA 05, 2004 5 1:111,1111k MAJ -SJA forscom.army.mil ] LTC USARC SJA; LTC (88 SJA) LTC USARC SJA; LTC US RC SJA' LTC - SJA; Subject: RE: Bagram deaths re-appearing in the news Sir/Ma'am: As FORSCOM has the lead for legal support to the investigation, I suggest that you have USARC PAO coordinate with FORSCOM PAO to obtain PA guidance for any proposed release of information. Specifically, it is my opinion as the sole legal advisor and potential prosecutor that no specific information from the investigation related to or regarding flagged soldiers should be released at this point for any reason (see PAO Manual for.High Visibility Court-Martial Cases). We still have a lot to investigate and we do not want to jeopardize the investigation or any subsequent proceedings. I have been closely coordinating with our PAO folks for some time now for when this day occurred. If there are questions about my comments here, please coordinate them with LTC 41111.11 and COL 111111 Very Respectfully, Mn) IMP 1111111111m ) MAJ, JA Military Law Attorney, FORSCOM OSJA Page 50 023401 cag (0(6)z. #1.txt 4044IIIIIIIIIP . original Message From: 4111111111111pLTC USARC SJA [mailto4111111111p@us.army.mil ] sent. ue—dA—MT-04, 2004 7:24 PM To:.LTC (88 SJA) Cc:.COL USARC IG'.LTC USARC IG; OL U RC C PAO; LTC USARC SJA;.LTC USARC 53A; LTC - Su ject: Bagram deaths re-appearing in the news o specific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. Some news outlets are now following up on the earlier reports (e.g. the New York Times piece from march 2003) and taking notice of these particular cases -- especially in connection to today's comments from the Army Provost Marshal, MG Donald Ryder: ...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights Watch http://www.hrw.org Kay Seok, Communications Coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes Investigation should Probe Role of superiors, Private Contractors NEW YORK April 30 - The promised u.S. investigation into the mistreatment - of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The united States should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show U.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel for one of the accused soldiers claims that the soldiers had been ordered to "soften up" the detainees for interrogation. Moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show U.S. soldiers smiling, posing .and laughing while naked Iraqi prisoners were stacked in a pyramid or -positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. Mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the United states in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the U.S. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in u.S. custody at Bagram airbase. The United States has also not Page 51 0 34)2 #1.txt adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The U.S. army in January discharged three reservists for abusing detainees at a detention campPnear Basra in southern Iraq. " It's clear that the united States has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the problem that merits investigation. Human Rights watch is concerned that these contractors operate in Iraq with virtual- impunity-exempt by the terms of their engagement with the U.S. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by U.S. courts. under the Geneva Conventions, the united States nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. If the Pentagon seeks to use private contractors in military or intelligence roles, it must ensure that they are subject to legal restraints," said Roth. "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir «...OLE_Obj...» aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspapers «...OLE_Obj...» WASHINGTON - (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. On Capitol Hill, angry lawmakers ­some reliable Republican allies of the Bush administration - demanded that Secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why Congress had been kept in the dark. Sen. John Warner, R-Va., chairman of the Senate Armed Services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "who is responsible for what happened?" asked Sen. Joseph Biden, the top Democrat on the Senate Foreign Relations Committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "I have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been Page 52 023403 #1.txt broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten. six u.s. soldiers are facing criminal charges and another six have been reprimanded. Several investigations are under way at the Pentagon. Appearing at the united Nations in New York City on Tuesday, secretary of state Colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on u.s. foreign policy. "I'm deeply concerned about the horrible image that this has -sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A State Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National Security Adviser Condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "We all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it." The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the united Nations said: "The damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the u.s. military justice system but served no jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. Officials are continuing to investigate 10 deaths and 10 assaults. A third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made public. It has also been reported that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the Senate Armed Services committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "What you see on those pictures is not indicative of our training or values," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate Select Committee on Intelligence. Some warned that the images could spark fresh violence against U.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the senate Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, D-S.D., the Senate minority leader, questioned why Bush hadn't learned of the incident sooner. He complained that Rumsfeld and key Pentagon Page 53 023404 #1.txt leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal PentAgon report, completed about a month ago, detailing the abuses at the Ablef-Ghraib rison. t- And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been.charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "There has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from U.S. military detention facilities. As . a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "We've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the united States, the answer is no" to access. The top human rights agency of the united Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents warren Strobel at the united Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) Will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" Soldier in case LTG Helmly or others call for it. LTC Acting Chief, Military Law Division Office of the staff Judge Advocate U.S. Army Reserve Command (ATTN: AFRC-JA) 1401 Deshler Street, SW. ote(04)z Fort McP son, GA 30330-2000 (404).or DSN 367 + Ext. Fax: Home Phone: From: 411111111111111101/USARC SJA Sent:., 2004 7:24 PM Tuesday, May. To:.TC (88 SJA) . COL USARC IG; M LT USARC IG; int Mr USARC PAO;.LTC USARC SJA;.L.MAJ - SJA; USARC SJA; LTC - SJA Subject:.Bagram deaths re-appearing in the news Still no specific notice apparently made in the media of the 377th MP Co's involvement (and subsequent CID titling / "flagging") in the two Dec. 2002 detainee deaths at Bagram, Afghanistan. some news outlets are now following up on the earlier reports (e.g. the New York Times piece from March 2003) and taking notice of -) ' these particular cases -- especially in connection to today's comments from the Army Page 54 #1.txt Provost Marshal, MG Donald Ryder: "...[common wire service extract appearing today]... Maj. Gen. Donald Ryder, the Army's provost marshal, told reporters there were 10 investigations underway of prisoner deaths -- mostly in Iraq -- and 10 pending cases involving possible assault of prisoners, including one sexual assault. Also, one prisoner's death was ruled to have been a justified homicide...." Several news outlet are also now picking up this angle based on the most recent Human Rights watch press release that includes this topic: FOR IMMEDIATE RELEASE APRIL 30, 2004 4:39 PM CONTACT: Human Rights watch http://www.hrw.org Kay Seok, Communications Coordinator (212) 216 1832 Iraq: U.S. Prisoner Abuse sparks Concerns over War Crimes Investigation Should Probe Role of Superiors, Private Contractors NEW YORK - April 30 - The promised u.s. investigation into the mistreatment of Iraqi prisoners should not stop with the lower-level soldiers who were immediately involved, Human Rights watch said today. The united States should also investigate the superiors of these soldiers to see whether they ordered or knowingly tolerated these abuses. Photographs in media accounts show U.S. military personnel in Baghdad subjecting Iraqi detainees to humiliating and degrading treatment-and perhaps committing war crimes. Defense counsel for one of the accused soldiers claims that the soldiers had been ordered to "soften up" the detainees for interrogation. moreover, private contractors allegedly were among those overseeing the interrogation process. "The brazenness with which these soldiers conducted themselves, snapping photographs and flashing the 'thumbs-up' sign as they abused prisoners, suggests they felt they had nothing to hide from their superiors," said Kenneth Roth, executive director of Human Rights watch. "Their superiors should be closely scrutinized to see whether they created an atmosphere of impunity that fostered this abuse." The photographs show U.S. soldiers smiling, posing and laughing while naked Iraqi prisoners were stacked in a pyramid or positioned committing simulated sex acts. The 1949 Geneva Conventions prohibit "outrages upon the personal dignity, in particular humiliating and degrading treatment" against any detainee. mistreatment that amounts to "torture or inhuman treatment" is a grave breach of the Geneva Conventions-or a war crime. The record of the united states in addressing alleged mistreatment of detainees by its personnel in Iraq and Afghanistan causes serious concern. In Afghanistan, as Human Rights watch has previously reported, the U.S. government has yet to provide information on its investigations into the officially declared "homicide" deaths more than two years ago of two detainees in U.S. custody at Bagram airbase. The United States has also not adequately responded to allegations of other abuses in U.S. detention in Afghanistan, including cases of beatings, severe sleep deprivation, and exposure of detainees to extreme cold. In. Iraq a U.S. army lieutenant colonel who admitted that in August he threatened to kill an Iraqi detainee, firing a shot next to the man's head during a violent interrogation, received a fine as a disciplinary measure, but was not subjected to a court martial. The u.S. army in January discharged three reservists for abusing detainees at a detention camp near Basra in southern Iraq. " It's clear that the united States has not taken the issue of prisoner abuse seriously enough," said Roth. "These sordid photos from Iraq show that systematic changes in the treatment of prisoners are needed immediately. The investigations should be made public." The alleged involvement of private contractors is another dimension of the problem that merits investigation. Human Rights watch is concerned that these contractors operate in Iraq with virtual impunity-exempt by the terms of their engagement with the U.S. military from prosecution by Iraqi courts, outside the military chain of command and thus ineligible for court-martial, and not subject to prosecution by u.S. courts. Under the Geneva Conventions, the united States nonetheless remains responsible for the actions of those running the detention facilities, be they regular soldiers, reservists or private contractors. " If the Pentagon seeks to use private contractors in military or intelligehce roles, it must ensure that they are subject to legal restraints," saidRoth. . Page 55 •-¦ r IL 3 4J6 #1.txt "Allowing private contractors to operate in a legal vacuum is an invitation to abuse." As an example from one syndicated story now appearing in the Macon (GA) Telegraph and other papers: Ir aqi prisoner-abuse scandal widens; Pentagon investigating deaths BY SHANNON MCCAFFREY AND SUMANA CHATTERJEE Knight Ridder Newspaperts, WASHINGTON - (KRT) - As investigations into U.S. military abuse of Iraqi captives gathered steam, Pentagon officials revealed Tuesday that they have investigated the deaths of 25 prisoners overseas and labeled two of them homicides. The widening scandal threatened to seriously damage America's image abroad, especially in the Muslim and Arab world. On Capitol Hill, angry lawmakers - some reliable Republican allies of the Bush administration - demanded that secretary of Defense Donald Rumsfeld appear at a public hearing to explain how American jailers could have been allowed to sadistically abuse-Iraqi prisoners. Senate Majority Leader Bill Frist, R-Tenn., called the abuse disgusting and degrading and questioned why Congress had been kept in the dark. Sen. John warner, R-Va., chairman of the Senate Armed Services Committee, called the incidents the most "serious a problem of breakdown in discipline as I've ever observed." "Who is responsible for what happened?" asked Sen. Joseph Biden, the top Democrat on the senate Foreign Relations Committee. "I think it starts with Rumsfeld and works its way down." Biden said the abuse "warrants somebody's resignation" but declined to say whether it should be Rumsfeld. making his first remarks about the abuse at the Abu Ghraib prison, Rumsfeld on Tuesday called the actions "totally unacceptable and un-American." He said an internal Pentagon report that described the prisoners as being beaten, sodomized and drenched in phosphoric liquid and cold water left him "deeply disturbed." Rumsfeld pledged that those responsible would be brought to justice. "I have no doubt that we will take these charges and allegations most seriously," he said. Photos of naked Iraqi prisoners stacked on top of each other and forced to simulate sex acts while their American captors looked on laughing have been broadcast around the world to widespread condemnation. Since then, other Iraqis have alleged that they too have been beaten:— Six U.S. soldiers are facing criminal charges and another six have been reprimanded. Several investigations are under way at the Pentagon. Appearing at the united Nations in New York City on Tuesday, Secretary of State Colin Powell said that even though the abuse had been perpetrated by a small number of troops, he worried about the impact it will have on U.S. foreign policy. "I'm deeply concerned about the horrible image that this has sent around the world," Powell said. Powell, a retired Army general, called the abuse of detainees "illegal" and "immoral." A State Department official, speaking on condition of anonymity, said Powell's tough comments were prompted by a concern that other administration officials, including Rumsfeld, hadn't expressed sufficient remorse. National security Adviser Condoleezza Rice also went into damage control mode in interviews on several Arab television networks. "We all feel outraged at these pictures," Rice told al Arabiya. "I want to assure people in the Arab world ... that the president is determined to get to the bottom of it," The white House said Tuesday evening that President Bush also is planning to do interviews with Arab TV outlets. But a European diplomat for the United Nations said: "The damage is overwhelming." "Clearly it makes things more difficult for the Americans" in the Arab world and beyond, said the diplomat, speaking on condition of anonymity. New revelations on Tuesday about prisoner deaths in Afghanistan and Iraq seemed certain to add fuel to the fire. An Army soldier was accused of using excessive force in the shooting death of an Iraqi prisoner. He was convicted in the U.S. military justice system but served no Page 56 O. :) r) A -)", #1.txt jail time. His rank was reduced to private and he was thrown out of the service. The second homicide was committed by a private contractor working with the CIA, said a government official, who spoke on condition of anonymity. The case has been referred to the Justice Department. officials are continuing to investigate 10 deaths and 10 assaults. A third homicide was ruled justifiable by authorities. Military coroners ruled that two detainee deaths at the Bagram Air Base in Afghanistan in December 2002 were homicides. But the results of military investigations into those deaths haven't been made publicT-It has also been reported— that a former Iraqi general, Abed Hamed Mowhoush, died during American interrogations late last year. It's unknown whether any of those cases is included in the Pentagon statistics released Tuesday. Gen. George Casey, vice chairman of the Army, briefed the senate Armed services Committee behind closed doors Tuesday morning. Afterward, he told reporters that the actions at Abu Ghraib prison - while horrific - were an aberration. "what you see on those pictures is not indicative of our training or values," Casey said. Still, there were calls for more hearings to investigate further, including whether civilian contractors should be dealing with foreign prisoners as some are in Iraq. "Any incident like this would lead to an overall review of how prisoners are treated," said Sen. Pat Roberts, R-Kan., chairman of the Senate select committee on Intelligence. some warned that the images could spark fresh violence against u.S. soldiers. "There is going to be a wave of revulsion that is going to sweep over us, I am afraid," said Sen. Carl Levin, D-Mich., the top Democrat of the senate Armed Services Committee. "It's going to hurt our troops and make this country a lot less secure." Tom Daschle, D-S.D., the Senate minority leader, questioned why Bush hadn't learned of the incident sooner. He complained that Rumsfeld and key Pentagon leaders had briefed lawmakers on the same day that the prisoner abuse story broke on the CBS newsmagazine show "60 Minutes," but failed to mention the allegations. "Now, why were we not told in a classified briefing why this happened and that it happened at all?" Daschle said. Rumsfeld allowed Tuesday that he hadn't read all of an internal Pentagon report, completed about a month ago, detailing the abuses at the Abu Ghraib prison. And the defense secretary bridled at the portrayal of the guards' activities as torture. "I'm not a lawyer. My impression is that what has been charged thus far is abuse, which I believe technically is different from torture." Although the report by Maj. Gen. Antonio Taguba was classified as secret and not distributed to lawmakers, the Pentagon said there was no attempt at a cover-up. "There has been no attempt to hide this," said Gen. Peter Pace, vice chairman of the Joint Chiefs of Staff. "what we've been trying to do is find out the truth of the matter so we can get on about correcting, finding out who did what and then taking proper action." Human rights groups say they have been kept at arms length from u.S. military detention facilities. As a result, some say, jailers are largely unaccountable and a lawless culture has been allowed to develop. "we've visited prisons in places like Libya, which is not exactly known for its openness," said Amnesty International spokesman Alistair Hodgett said. "But with the United States, the answer is no" to access. The top human rights agency of the united Nations also said Tuesday that it has launched an investigation into the state of Iraqi civil rights, which will include a look at the prison abuses. (Knight Ridder Newspapers correspondents warren Strobel at the united Nations, Alan Bjerga in Washington and Matthew Schofield in Berlin contributed to this report.) will keep you informed.... In any event, it might not be a bad idea to start preparing an EXSUM (based on your earlier slide shows?) summarizing the specific facts / findings for each "flagged" Soldier in case LTG Helmly or others call for it. V/R 1111160 LTC Page 57 19)(6). 023408 ane (Pat) #1.txt Acting Chief, Military Law Division Office of the Staff Judge Advocate U.S. Army Reserve Command (ATTN: AFRC-JA) 1401 Deshler Street, SW Fort McPherson GA 30330-2000 (404) or DSN 367 + Ext. Fax: Home Phone: From: MAJ - SJA Sent: May 03 2004 8:19 To: LTC (88 SJA) ' Subject: RE: 3 7th MPs Ma' am: It's too early to call to tell what effect the recent media firestorm will have on these cases. It has certainly generated interest up and down the JAG technical channels. I also think it is creating a host of potential discovery issues for me...but motions I suspect that we can win if we have a judge with the courage to say no to defense counsel. We are working on seeking reimbursement from IMA. According to what I have been told, IMA was given the Military Justice budget that the command used to get. of course, the command can always use its own money with no problem. whether IMA decides to tap CONOPS dollars that they have is anyone's guess. I'm just being given an accounting code from G8 for now to ensure that we capture costs associated with this. I'll keep you in the loop the best I can Ma'am, consistent with any guidance that I receive of course. Very Respectfully, MAJ Original Messa e From: LTC (88 SJA) To: - SJA Sent: 5/3 2:43 PM Subject: RE: 377th MPs I completely understand that this is not easy. I imagine that with last week's news, there might be a greater willingness and interest in pursuing these. cases. Your .thoughts? Out of curiosity and an interest in understanding how this works, where is the money coming from? Conops money? Out of some command's pot of money or extra from DOD/DA? Please keep me informed; I know some of my people still would like to work on these cases. LTC, JA, Deputy SJA Page 58 NM #1.txt 88th RRC 506 Roeder Circle Ft. Snellin , MN 55102 Tel: 612 Fax: 612 Original Message Fromill11111111111.MAJ - SJA [mailto:111111111pforscom.armyimil] Sent: Satur ar a 01, 2004 5:53 PM To: ' LTC (88 SJA) Subject: R : t MPs Ma'am: It was a long and rough week last week. I think I may have some funding and we will be putting out the all-call for volunteers (CO-TTAD mission) shortly. However, the jurisdictional piece is a little uncertain. That's all I know right now Ma'am. I am just keeping my nose to the grindstone and trying to do the right thing. Very Respectfully, MAJ.. Original Message From: LTC (88 SJA) To: AJ - SJA Sent: 9:37 AM Subject: 377th MPs MAJ I'm wondering if you're having any success in getting either - funcaltr a jurisdictional determination for handling the 377th cases. 11111111111P 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612 Fax: 612 From: MAJ SJA: mr forscom.army.mil] ,., ySJA - Sent: ay 01, 2004 51111 11 To: LTC (88 SJA) Subject: RE: th MPs Ma'am: It was a long and rough week last week. I think I may have some funding and we will be putting out the all-call for volunteers (CO-TTAD mission) shortly. However, the jurisdictional piece is a little uncertain. That's all I know right now Ma am. I am just keeping my nose to the grindstone and trying to do the right thing. Very Respectfully, MAJIIIIII Original Message Page 59 0 3410 #1.txt From .LTC (88 SJA) To:.MAJ - SJA Sent: 5 1/2004 9:37 AM Subject: 377th MPs MAJ- I'm wondering if you're having any success in getting either funding or a jurisdictional determination for handling the 377th cases. AT- 11L1.1/1111111reA puty SJA 88th RRC 506 Roeder Circle Ft. snelli MN 55102 Tel: 612 Fax: 612 From: 1111111.11111111, MAJ - SJA41,111111pforscom.army.mil ] Sent: F. r 1 2 2004 10: A To:.TC (88 SJA)' subject: RE: no subject) No problem Ma'am. Have a great weekend. V/R, MAJ Original messa e From: LTC (88 SJA) [mailtoill11111111111p@us.army.mil ] Sent: Fri a., 2004 10:03 AM A ri. To:.MAJ - SJA Subjec :. : n subject) Thanks MAJOR. (L) ) LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 6121111111i" Fax: 614IIIIIIIII, Ori inal Message. From: MAJ -SJA [mailto:(11111111pforscom.army.mil ] sent: Fri ay, Apri 23, 2004 7:38 AM Page 60 023411 #1.txt To: Cc:41111111P.SJA;.COL (88SJA); ONIMENINIFTC (88 SJA) subject: RE: (no subject) MAJ 1111111111W MA) am.here. I am working towards answers to all of your concerns but doubt we wi 1. be able to lock everything down in the next month or so (and for some of your concerns possibly not at all). Especially under the circumstances of these cases, some flexibility will be essential. Right now I have a concept of how to proceed, but cannot lock down time-lines or locations. I am now back in Atlanta and have a plan to do the work and try the cases here. If my plan is approved, I hope to be sending a request for volunteers down to USARC. After that, I'll better know where I stand in terms of having folks to complete the mission. I have already been promised one officer who is currently mobilized. That means that I should need no more than 3 additional lawyers. The problem is that I need bodies before I have things locked down (to help me get things locked down). until I have attorney assistance to look through the substantial amount of evidence that I currently have to thoroughly evaluate and prepare individual cases against one of the approximately 26 (currently...more to come) potential individual suspects, it will be hard to know how many trials we will have or how long it will take. Also, I cannot predict defense delays (but anticipate there will be many) or the number of military judges I'll have available and their dockets. Finally, the investigation is still going strong. New evidence could result in a substantial shift in how we need to approach all of the cases. These cases will involve several interesting issues of international and criminal law...not to mention challenging factual and proof problems. These are great cases on which to work if you don't mind losing a few now and then because you just don't quite have it all like you'd like it. But because of what happened, I believe the cases need to be tried. But I, of course, don't make that decision. sincerely, MAJ, JA Military Law Attorney 40411111111/9 Page 61 023412 DOD-048981 ato (10)(G) #1.txt 0'sinal messa e From: LTC (88 SJA) [mailtoillilliananus.army.mi9] Sent" 22, 2004 5:51 PM To: Cc: MAJ - SJA; COL (88SJA) Subject: RE: no subject) Hello MAJ Sorry about the delay once again. When I spoke to MAJ. earlier this week, the two major issues are still unresolved: $ and who takes indiction. MAJ. told me he is asking for $500,000. I can't tell you when there will be a resol=66. of course, if MAJ . is successful in getting that money committed in advance, there shouldn't be problems with running out of funding. As ou realize, this case doesn't follow the typical scenario. I'm forwarding to MAJ. so that he understands your concerns and hopefully, once the money and juris action issues are worked out, we can finalize the rest to everyone's mutual satisfaction. onsinsais LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612111111111P Fax: 612011111111. Ori inal Messa e From: [mailto: Sent: T ursda , Apri 22, 2004 6:37 AM To:.us.army.mil subject: no subject) LTC I received your phone message on Monday but was in court all day. I did return your call but have back from you. As you are aware, I have previously talked to COL about potentially working on the action under investigation. However, at on a voluntarily basis, I am not willing to commit to the mission without having more information provided (i.e., defined length of mission, defined role and established level of authority, place of duty, etc.). Page 62 023413 DOD-048982 celLe(0(0 #1.txt My main concern is my civilian job. we calendar out jury trials and job assignments months in advance. It is my understanding that SSG.was sent home from Virginia after a short time period for fiscal reasolillitt scenario would have created a lot of problems for me at my civilian job. I will be in the office most of today and Friday if you want to further discuss this matter. TXS Major fallinge From: mA3 - SJA.forscom.army.mil ] Sent: 7:111,1111/1 To: . Cc: mAJ.COL (88SJA); SJA; LTC (88 Subject: RE: (no subject) MA] mA3 IMP here. I am working towards answers to all of your concerns but I doubt we will be able to lock everything down in the next month or so (and for some of your concerns possibly not at all). Especially under the circumstances of these cases, some flexibility will be essential. Right .now I have a concept of how to proceed, but cannot lock down time-lines or locations. I am now back in Atlanta and have a plan to do the work and try the cases here. If my plan is approved, I hope to be sending a request for volunteers down to USARC. After that, I'll better know where I stand in terms of having folks to complete the mission. I have already been promised one officer who is currently mobilized. That means that I should need no more than 3 additional lawyers. The problem is that I need bodies before I have things locked down (to help me get things locked down). Until I have attorney assistance to look through the substantial amount of evidence that I currently have to thoroughly evaluate and prepare individual cases against one of the approximately 26 (currently...more to come) potential individual suspects, it will be hard to know how many trials we will have or how long it will take. Also, I cannot predict defense delays (but anticipate there will be many) or the number of military judges I'll have available i and their dockets. Finally, the investigation is still going strong. New evidence could result in a substantial shift in how we need to approach all of the cases. These cases will involve several interesting issues of international and criminal law...not to mention challenging factual and proof problems. These are great cases on which to work if you don't mind losing a few now and then because you just don't quite have it all like you'd like it. But because of what happened, I believe the cases need to be tried. But I, of course, don't make that decision. Sincerely, 141. Page 63 023414 ao (6)(6) #1.txt MAJ, JA Military Law Attorney 404111111111111, Original Message From:.LTC (88 SJA) [mailtoill11111111111rus.army.mil ] Sent:.22, 2004 5:51 PM To: . Cc:.MAJ - SJA:111111111111111111pCOL (88SJA) no subject) Subjec :. Hello MAJ AIIIIIIIIIIIIIII. Sorry about the delay once again. when i spoke to MAJ NWearlier this week the two major issues are still unresolved: $ and who takes jurisdiction. MAJ iliptold me he is asking for $500,000. I can't tell you when there will be a resolu ion. is successful in getting that money committed in advance, there shouldn't be problems with running out of funding. Of course, if MAJ . As you realize, this case doesn't follow the typical scenario. I'm forwarding to so that he understands your concerns and hopefully, once the money and jurarion issues are worked out, we can finalize the rest to everyone's mutual satisfaction. MAJ. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612011111E. Fax: 614111111111W Original Message Page 64 3 4 1. 5 DOD-048984 ettvz(b)( 6)(-1-) #1.txt From:.[mailtodp,1111111111111 sent: T ur., 2004 6: To:.us.army.mil subject: no su ject) LTC.I received your phone message on Monday but was in court all day. i did retu.ack from you. As you are aware, I have r call but have not. previously talked to COL.about potentially working on the action under investigation. However,.a voluntarily basis,-I am not willing to commi-t. to the mission without having more information provided (i.e., defined length of mission, defined role and established level of authority, place of duty, etc.). My main concern is my civilian job. we calendar out 'Ary trials and job assignments months in advance. It is my understanding that ss.was sent home from virginia after a short time period for fiscal reaso .. t scenario would have created a lot of problems for me at my civilian job. I will be in the office most of today and Friday if you want to further discuss this matter. TXS Major From: sent: alitn , 2004 6:37 AM To:.@us.army.mil Subject:.ubject) LTC Wimp I received your phone message on Monday but was in court all day. I did return your call but have not.ack from you. As you are aware, I have previously talked to COL.about potentially working on the action under investigation. However,.a voluntarily basis, I am not willing to commit to the mission without having more information provided (i.e., defined length of mission, defined role and established level of authority, place of duty, etc.). My main concern is my civilian job. We calendar out' r trials and job assignments months in advance. It is my understanding that SSG was sent home from Virginia after a short time period for fiscal reason s ... at scenario would have created a lot of problems for me at my civilian job. I will be in the office most of today and Friday if you want to further discuss this matter. TXS Major11,11111011, To:.MAJ - SJA subject..77th case MA) MUHere's some thoughts. SGMMEN MRD 12 Aug 04 LTC, JA, Deputy SJA 88th RRC 506 Roeder circle Ft. snellin. MN 55102 Tel: 612 Fax: 612 . Ori inal Message. From•.MAJ SJA [mailtoAMMONOWforscom.army.mil ] - Sen.•pril 13, 2004 7:59 AM To:.LTC (88 SJA)' Cc:.LTC - SJA Sub) ct:.Case Page 65 023416 oil Nat) L #1.txt Ma'am: I have a meeting this afternoon with CoLllillpon this subject. I Am not sure what he wants to do or not do at this point. I would like to give a decition briefing to the CG with our recommendation(s). we'll see what happens. In the interim Ma'am, could you let me know of any experienced prosectors that you have who could and would want to be mobilized within the next week_or two for at least six months to one year. Not sure it will happen that fast, but I am pushing for help soon. Also, if you have enlisted folks who can provide good support to TCs, Art 32s, and courts martial (arranging witnesses will be a key task for these Art. 32s and the trials), I need 3-4 of them for about the same time period - but probably not for about a month or two from now. Finally, I'll eventually need at least two court reporters if you have any. They probably wouldn't be needed for about 3 months. The unique situation I might face requires folks who know their business or are smart enough to learn it very quickly. If I have a post-trial processing time problem with this stuff, we could very well get in big trouble. once I PCS and/or we loose people from active duty, these cases could well languish in post-trial for an eternity and the effort would be for naught. I know we will start working here in Atlanta. our office has space and computers for folks. where we would eventually end up working/trying cases would be anybody's guess at this point. Although ,we will want to be close to the convening authority (whoever that may be), the cost of bringing in huge numbers of witnesses may dictate something else. On this subject, are there any decent facilities out your way (Ohio or Indiana) to try courts martial? If so, would we be able to occupy a good office space with privacy and security, as well as capability for NIPR and SIPR access, and good commo equipment (faxes and maybe a VTC for communicating with the SJA/DSJA for the convening authority)? I would like to know if there is any option to go to your way. Again ma'am...because I would be operating under a huge time crunch and balancing many things simultaneouslyz I really need experienced people who know their business very well. I won't have time to train folks from the ground up, everol=though I can and will be very involved assisting them. I'm sure you understand what i mean Ma'am. very Respectfully, MAJ MAJ, JA Military Law Attorney, FORSCOM OSJA 404 .essage. or'. From:.LTC (88 SJA) [mailto:.us.army.mil] Sent: Mon a , p i. , 2004 4:21 PM To:.MAJ - SJA Subject: t. ase MAJOR/ I can't seem to find your office number. Can you give me some idea of what's going on with the 377th cases; specifically, is FORSCOM thinking of picking up jurisdiction of the cases? Hope you had a good week of leave. Page 66 02341_7 #1.txt 411111111111111111111111 LTC, JA, Deputy 53A 88th RRC 506 Roeder circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 Original Message. From:.MAJ SJA [mailto:.forscom.army.mil ] - c 22, 2004 3:42 PM To:.LTC (88 SJA) , ;isimmill. LTC - SJA Cc:.LTC (USARC SJA) subjec :.n/Amendment to SSG.TDY (ADT) Sent: on a. Imp Ma'am/Sir: SSG.is on the ground and working hard. However, I believe that we will only get a out alf (at most) of what needs to be done with the database done this week. we had a mighty struggle this weekend to get the structure set up to do what I or any future prosecutor will need it to do. SSG .is confused about his ability to continue working with me. Ma'am, he thi at you told him that he has a school beginning next week. He received a letter from TJAGLCS that indicated the course to which he is going ("Law for Paralegal NGOs") begins 19 April (report date 18 April). I have checked the TJAGLCS web site. The next "Law for Paralegal Ncos" course begins 19 April. The only thing beginnin 29 march is the SGM world-wide symposium. Not sure what ATARS says or where ss is plugged in on that system. ss111111 informs me that he is available to work until his school starts if we can get rders extended and amended. I would, of course, want to bring him back to Fort McPherson. I understand that this request creates funding and authority (to keep him on AD) issues. I don't profess to be an expert but could we consider ADSW or something like that? I merely make the request and understand that the answer might have to be no. The bottom line is: I could use him; he and I have discussed it; he can do it; and it would be preferable for the future of this case. I am scheduled to be on leave from 3-10 April for visitation with my son...but by then he should be able to work almost independently I would hope. I could provide guidance telephonically if needed, or someone in the office would be able to help him sort through things if am not available. we'll be standing by for guidance. I thought the idea deserved some thought and knew that the sooner it was out there the better chance we would have to make something happen. very Respectfully, 411¦1111 From: MAJ 111111111Pus.army.mil ] Sent:., 2004 . T urs ay,. To: --. 4..1111111111111111111PLTC Subject: .In Death Of Prisoner In Iraq Marines Face Courts-Martial Los Angeles Times April 15, 2004 2 Marines Face Courts-Martial In Death of Prisoner In Iraq Page 67 023418 #1.txt By Associated Press CAMP PENDLETON - Two Marines face courts-martial on charges including assault and dereliction of duty in the death of an Iraqi prisoner in their custody, a Camp Pendleton spokeswoman said. Maj. Clark A. Paulus is to be arraigned on four charges and Sgt. GarPittman faces six charges in the death of a 52-year-old Iraqi man who was allegedly mistreated at a marine detention facility in southern Iraq last year, said 1st Lt: Amy Malugani, a public affairs officer. Maj. Gen. William Bowdon, the commanding general at Camp Pendleton, dismissed the most serious charge, negligent homicide, against Paulus and Lance Cpl. Christian Hernandez. Bowdon decided on the courts-martial Friday after receiving recommendations last month from an officer investigating the case, Malugani said Tuesday. Overall, five Marines were investigated during an Article 32 hearing in February. Bowdon dismissed all charges against two other Marines and one faced administrative discipline. Article 32 hearings are the military equivalent of a civilian grand jury probe. From: VIMIIIIMIII/MmAJ (88 SJA) Sent:.Ari 14, 2004 8:29 AM Wednesda. CO (Co) z. To: LTC (88 SJA) Subject:.A use Charges Against Marine Reservist Are Dismissed San Diego Union-Tribune April 13, 2004 Abuse Charges Against Marine Reservist Are Dismissed He was accused in death of Iraqi at detention center By Rick Rogers, Staff Writer Charges against a Marine reservist accused of fatally abusing an Iraqi prisoner last June have been dismissed, leaving in question whether anyone will be tried in the death of a former Baath Party member implicated in an ambush of U.S. soldiers. Lance. Cpl. Christian Hernandez faced multiple charges, including negligent homicide and assault, in the death of Nagem sadoon Hatab, who was found dead June 6 at Camp Whitehorse, a detention center near Nasiriyah. Maj. Gen. William G. Bowdon, Camp Pendleton's commanding general, dismissed the charges against Hernandez without comment. Bowdon decided Friday that there wasn't enough evidence to try Hernandez; his decision was made public yesterday. "We are delighted with what Maj. Gen. Bowdon decided," said Jack B. Zimmermann, Hernandez's attorney. "Christian is back home with his family in New York. He plans to stay in the Marines at least until his enlistment is up in September." Bowdon's decision followed the recommendation of Col. William Gallo, who heard evidence against Hernandez and three other Marines - all assigned to the 2nd Battalion, 25th Marines - who were charged in Hatab's death. Gallo had recommended in mid-March that charges against Hernandez and Maj. William vickers be dismissed and that charges against Maj. Clarke Paulus be reduced from negligent homicide to an administrative action. Charges against vickers were dismissed last week, said his attorney, Jane Siegel. Page 68 0 2 3 4 1 9 #1.txt That could not be confirmed with military sources yesterday. Sgt. Gary Pittman was charged with assaulting Hatab and other prisoners and dereliction of duty. Paulus commanded Camp Whitehorse when Hatab died, having just taken over for Vickers. Hernandez and Pittman were guards there. Hatab, 52, was found dead a few days after being taken into-custody on suspicion of- playing a part in the deadly ambush of an Army convoy that killed 11 soldiers and led to the capture of Pfc. Jessica Lynch. Marine guards who testified under immunity said Hatab was beaten. An Army medical examiner testified that Hatab had several broken ribs and a broken neck bone at the time of his death. vickers and Paulus had said they never saw or approved prisoner abuse. Hernandez testified he did not abuse Hatab. From:.MAJ SJA.forscom.army.mil ] - Sent:.ril 13, 2004 71. 11.1111116° To:.LTC (88 SJA)' Cc:.LTC SJA - subject:.th Case Ma'am: I have a meeting this afternoon with COL on this subject.. am not sure what he wants to do or not do at th011iWt. I would like to give a decision briefing to the CG with our recommendation(s). We'll see what happens. In the interim Ma'am, could you let me know of any experienced prosecutors that you have who could and would want to be mobilized within the next week or two for at least six months to one year. Not sure it will happen that fast, but I am pushing for help soon. Also, if you have enlisted folks who can provide good support to TCs, Art 32s, and courts martial (arranging witnesses will be a key task for these Art. 32s and the trials), I need 3-4 of them for about the same time period - but probably not for about a month or two from now. Finally, I'll eventually need at least two court reporters if you have any. They probably wouldn't be needed for about 3 months. The unique situation i might face requires folks who know their business or are smart enough to learn it very quickly. If I have a post-trial processing time problem with this stuff, we could very well get in big trouble. once i PCS and/or we loose people from active duty, these cases could well languish in post-trial for an eternity and the effort would be for naught. know we will start working here in Atlanta. Our office has space and computers for folks. where we would eventually end up working/trying cases would be anybody's guess at this point. Although we will want to be close to the convening authority (whoever that may be), the cost of bringing in huge numbers of witnesses may dictate something else. on this subject, are there any decent facilities out your way (Ohio or Indiana) to try courts martial? If so, would we be able to occupy a good office space with privacy and security, as well as capability for NIPR and SIPR access, and good commo equipment (faxes and maybe a VTC for communicating with the SJA/DSJA for the convening authority)? I would like to know if there is any option to go to your way. Again Ma'am...because I would be operating under a huge time crunch and balancing many things simultaneously, I really need experienced people who know their business very well. I won't have time to train folks from the ground up, even though I can and will be very involved assisting them. I'M sure you understand what I mean Ma'am. Page 69. 0 2 3 #1.txt Very Respectfully, MAJ 1,11111111P Militar Law Attorney, FORSCOM OSJA Ori i al Messa e From: LTC (88 SJA) [mailto: @us.army.mil ] Sent: Monday, Apri 12, 2004 4:21 PM MAJ - SJA Sub : Case MAJ I can't seem to find your office number. Can you give me some idea of what's going on with the 377th cases; specifically, is FORSCOM thinking of picking up jurisdiction of the cases? Hope you had a good week of leave. 411111141111111.010 LTC, JA, Deputy SJA 88th RRC 506 Roeder circle Ft. Snelling, MN 55102 Tel: 612 Fax: 612 Original Message From. MAJ SJA Nailt0:111111111111@forSCOM.army.Min Sent. Mon ay, arrch 22, 2004 3:42 PM To: LTC (88 SJA) LTC - SJA '; . Cc: C (USARC SJA) Subject: Extensi /Amendment to SSG 1111111.TDY (ADT) Ma'am/Sir: SSG Alkiiiris on the ground and working hard. However, I believe that we will=Trget about half (at most) of what needs to be done with the database done this week. We had a mighty struggle this weekend to get the structure set up to do what I or any future prosecutor will need it to do . SSG is confused about his ability to continue working with me. Ma'am, he thinks that you told him that he has a school beginning next week. He received a letter from TJAGLCS that indicated the course to which he is going ("Law for Paralegal NCOs") begins 19 April (report date 18 April). -. I have checked the TJAGLCS web site. The next "Law for Paralegal NCOs" course begins 19 April. The only thing beginning 29 March iiiiiiliGM world-wide symposium. Not sure what ATARS says or where SSG is plugged in on that system. SSAIIIIIpinforms me that he is available to work until his school starts if we can get his orders extended and amended. I would, of course, want to bring him back to Fort McPherson. I understand that this request creates funding and authority (to keep him on AD) issues. I don't profess to be an Page 70 0 2 3 4 2 1 #1.txt expert but could we consider ADSW or something like that? I merely make the request and understand that the answer might have to be no. The bottom line is: I could use him; he and I have discussed it; he can do it; and it would be preferable for the future of this case. I am scheduled to be on leave from 3-10 April for visitation with my son...but by then he should be able to work almost independently I would hope. I could provide guidance telephonically if needed, or someone in the office would be able to help him sort through things if I am not available. We'll be standing by for guidance. I thought the idea deserved some thought and knew that the sooner it was out there the better chance we would have to make something happen. Very Respectfully, 41,11111Mley, Michael W BG (88 CMDGRP CG) Sent:. Frida , April 09, 2004 3:47 PM To:.RTC (88 SJA) Cc:.COL (88SJA);.MAJ (88 DCS, G2) subject:.RE:. ming of 783rd MPs Thanks; I appreciate the documentation, and believe that the effort was a good idea. I'll describe what we did to MG Wilson and LTG Helmly when I see them next week. CG . ori•inal messa•e. From:.LTC (88 SJA) Sent: Fri ay, Apri 09, 2004 2:03 PM To: Beasley, Michael W BG (88 CMDGRP CG) Cc'.COL (88SJA)111111111111,MAJ (88 DCS, G2) Subject: Fw: Training of 783rd MPs Importance: High Sir You asked for a memorandum describing the circumstances under which the OSJA - and PMO provided training to the 783rd MP Bn this past Monday. The (attached) word document lays out details as I know them concerning the request for providing this training and what information we provided. The 2 powerpoint files are the slides I put together on very short notice. The first is a portion of a standard Law of war briefing culled down to include those slides specifically dealing with prisoners and war crimes, to which I provided additional commentary reminding that humane treatment and no torture is a requirement of all of the Geneva conventions and applies to all persons under detention, no matter their status. The 2nd slide I put together last minute (as you'll see) to cover the subject of recent investigations into MP conduct regarding detainee abuse and Illegal orders. To the best of my knowledge, the training which mA3411111 and I conducted Monday afternoon was not requested by the unit; rather, it was a last-minute fill suggested by G7 due to the pull-out of planned CTT Training by one of the Training Divisions. It appears to me that the unit is quite conscious of the issue of detainee abuse and what is/isn't acceptable non-lethal force measures. They have been conducting training on these matters, though I can't give you specifics on their internal training. we filled in some details on potential results of overuse of some of these tactics (specifically common peroneal strikes), and reinforced: Law of war requirements for humane treatment; illegal orders and how to respond to them; responsibility of the superiors for conduct and behavior of their subordinates. Page 71 0 9 (14 r"4-0 #1.txt V/R, LTC's". 4111111111/11111" LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 From: MIIIMOrMAJ (88 DCS, G2) Sent:. Th-iir§daY, A ril 08, 2004 11:55 AM To:.TC (88 SJA) Subject:.RE: Training of 783rd MPs Ma'am, Got it--Haven't had a chance to look at it yet. Been too busy directing traffic. 1111110 On a•e From:.LTC (88 SJA) Sent' A -41 nes•ay, April 07, 2004 5:54 PM To:.MAJ (88 DCS, G2) Cc:.OL (88S3A) Subject: Training o. 3rd MPs Importance: High 4111M, will you look at this email and the winword attachment and make any corrections you think are needed? I'll be sending this to BG Beasley. Sir -You asked for a memorandum describing the circumstances under which the OSJA and PMO provided training to the 783rd MP Bn this past Monday. The word document below lays out details as I know them concerning the request for providing this training and what information we provided. The 2 powerpoint files are the slides I put together on very short notice. The first includes slides from a standard Law of War briefing culled down to include those slides specifically dealing with prisoners and war crimes, to which I provided additional commentary reminding that humane treatment and no torture is a requirement of all of the Geneva Conventions and applies to all persons under detention, no matter their status. The 2nd slide I put together last minute (as you'll see) to cover the subject of recent investigations into MP conduct regarding detainee abuse and Illegal orders. To the best of my knowledge, the training which MAJ 1111.and I conducted Monday afternoon was not requested by the unit; rather, it was a last-minute fill suggested by G7 due to the pull-out of planned CTT Training by one of the Training Divisions. It appears to me that the unit is quite conscious of the issue of detainee abuse and what is/isn't acceptable non-lethal force measures. They have been conducting training on these matters, though I can't give you specifics on their internal training. we filled in some details on potential results of overuse of some of these tactics (specifically common peroneal strikes), and reinforced: Law of War requirements for humane treatment; illegal orders and how to respond to them; responsibility of the superiors for conduct and behavior of their subordinates. .. . ... .. . Page 72 0234'23 #1.tXt V/R, LTC OM, 11.,111PSJA 88th RRC. CW((I 506 Roeder Circle Ft. Snelli. MN 55102 Tel: 612 Fax: 612.- From: 41111111111111111111111111Pp o 1 arisind.com Sent:. Monda , A ril 05, 2004 12:24 PM To: us.army.mil Subject:.ecommended: "US soldiers face charges of prisoner abuse" has recommended this article from T e C ristian cience oni or s electronic edition. sign up for the Monitor Treeless Edition! http://www.csmonitortreeless.com?dmc=E35W191 Click here to email this story to a friend: http://www.csmonitor.com/cgi-bin/send-story?2004/0326/p02s01-usmi.txt click here to read this story online: http://www.csmonitor.com/2004/0326/p02s01-usmi.html Headline: us soldiers face charges of prisoner abuse Byline: Ann Scott Tyson correspondent of The Christian Science Monitor Date: 03/26/2004 (WASHINGTON)TO former military police Master Sgt. Lisa Girman and two of her fellow soldiers, May 12 was just "another night in the desert" restraining unruly Iraqi war prisoners. But in January, the three Pennsylvania mPs were discharged from the military for kicking and punching Iraqis, including one allegedly linked to the ambush of the Jessica Lynch convoy. [Editor's note: In the original version, Girman's name was misspelled.] In a similar case, a Marine guard testified in February that beating uncooperative Iraqi detainees was common. In all, eight Marines have been charged for mistreating detainees, one of whom died in custody. Now, the us military has charged six more American soldiers with assault, indecent acts, cruelty, and maltreatment in connection with the alleged abuse of as many as 19 detainees at the Abu Ghraib prison west of Baghdad. From detainee abuse to the excessive use of force and disputed killings of civilians, the Iraq conflict is producing its share of legal and ethical lapses by uS service members, despite strenuous efforts by us commanders to avoid them. The breaches involve only a tiny fraction of the more than 150,000-strong US occupation force, which military ethicists and human rights groups have given generally good marks for their comportment in Iraq. Still, such violations could cause disproportionate damage to the US military's image among Iraqis. Page 73 023424 DOD-048993 #1.txt "The forces of gravity that drag you down to the level of your enemy are very powerful," says Albert Pierce, director of the center for the Study of Professional Military Ethics at the us Naval Academy. "sometimes they are inherent in conflict, sometimes they are part of an inherent strategy by the enemy," he says, adding that Us commanders 4re making an "extraordinary effort" to resist such forces. Tensions could grow over such infractions if, as expected, us forces* continue to operate free from Iraqi legal jurisdiction following theme= July 1 transfer of power from the US-led coalition to Iraqi authorities. US officials say they hope to reach an agreement with ­Iraqi leaders this month on what the legal status of us forces will be. "We will not have a period of time when our forces are without protection," Peter Rodman, assistant secretary of Defense for international security affairs, told a House hearing earlier this month. which courts have jurisdiction Normally, agreements on the status of us forces based abroad grant a degree of jurisdiction over them to local courts, but Iraq could prove an exception, says Georgetown University law professor Anthony Arend. "I could see the US saying, the [Iraqi] court system is not well enough established, and we don't believe us forces could get a fair trial, so we reserve the right to try them under any circumstance." Maltreatment of Iraqis is not the only problem that has sparked us military investigations and legal or disciplinary action. us service members have also been accused of victimizing each other. The Army's criminal Investigation Command has probed allegations of felonies by us soldiers in Iraq such as sexual assault, larceny, and smuggling, and the Army has set up a hotline for reporting sexual assault. Still, perhaps the most serious ethical issues derive from the us military's status as an occupying force, and the special obligations that implies for safeguarding Iraqis. "The US fails to meet its legal and moral responsibilities to Iraq as long as it fails to provide adequate security for the Iraqi people," writes Neta Crawford, associate professor of international affairs at Brown university, in "Principia Leviathan: The Moral Duties of American Hegemony." So far, the major charges against US service members have involved the treatment of detainees. In the latest case, six us soldiers were charged on Saturday with crimes including "conspiracy, dereliction of duty, cruelty and maltreatment, assault, and indecent acts with another" in connection with alleged detainee abuse last November and December at the Abu Ghraib facility. The six charged as a result of a two-month military investigation are from an original group of 17 soldiers and commanders who were suspended from duty but remain in Iraq. The military is withholding the soldiers' names until an Article 32 hearing, similar to a grand jury, determines whether they will face trial. us military officials say they are working hard to root out abuses such as those alleged at Abu Ghraib before they spread. The military has also paid thousands of dollars to compensate for the injury, death, or property damage inflicted on innocent Iraqis by us forces. Human rights scorecard Last week, an Amnesty International report on human rights in Iraq over A the past year stated that "scores of civilians have been killed ] apparently as a result of excessive force by us troops, or have been Page 74 0"4 9 5 #1.txt shot dead in disputed circumstances." "Yes, there have been, sadly, cases where soldiers have operated outside established, trained rules of engagement and rules for the use of force," said Brig. Gen. Mark Kimmitt, deputy director for coalition operations in Baghdad, on Monday. But he noted that "while each of those cases is nothing to take great pride in, the fact is that 99-plus percent of the soldiers are operating well within those rules of engagement, under very tough conditions, showing remarkable-restraint." Military lawyers say they must constantly reassess the rules of engagement as the line between the enemy and the innocent grows increasingly blurry in today's battle zones such as Iraq. "Terrorism and the conflict you face in Iraq now is not the classic war that the rules of war are formulated for," says Thomas Grassey, chair of leadership and ethics at the Naval war College in Newport, R.I. "The law of armed conflict reflects a more classical pattern of guys wearing uniforms and carrying guns," says Mr. Grassey, "so the insurgents are a challenge" for military lawyers. For us soldiers, a moral minefield Indeed, as us troops fight a stubborn guerrilla insurgency and terrorist threat while under obligation to protect Iraqi civilians, they face a moral landscape that is in many ways more complex than in past wars. "The question is, how vulnerable do you want your people to'be in the postwar phase?" when the military's role shifts to safeguarding the civilian population and providing for basic needs, says Rear Adm. Louis Iasiello, chief of chaplains for the us Navy and an expert in just-war theory. Debate over whether a war is justified, and conduct during the war, needs to extend to the aftermath of the conflict, he says. "Commanders have to keep that right intention, to establish a just and lasting peace" in the postwar period, Admiral Iasiello says. (c) Copyright 2004 The Christian Science Monitor. All rights reserved. Click here to email this story to a friend: http://www.csmonitor.com/cgi-bin/send-story?2004/0326/p02s01-usmi.txt The Christian Science Monitor-- an independent daily newspaper providing context and clarity on national and international news, peoples and cultures, and social trends. Online at http://www.csmonitor.com Click here to order a free sample copy of the print edition of the Monitor: http://www.csmonitor.com/aboutus/sample_issue.html -- ADVERTISEMENT -- Sign up for the Monitor News Alert to be notified of special war coverage. http://www.csmonitor.com email From:.MA) (88 sJA). NY(9) -2- Sent:. Sunday, April 0 , 2004 11:22 AM Page 75 023426 #1.txt To:. #1111,1111111111PLTC (88 SJA) Subject:.FW: LCHR Letter & 18 USC § 2340A .(0 z- Ori inal Messa e. From:.MAJ (88 SJA) Sent: a.ri 2004 1055 To:.LTC (88 SJA) Cc:.COL (88SJA) Subject: LCHR Le ter & 18 USC § 2340A 18 USCS § 2340A UNITED STATES CODE SERVICE Copyright ID 2004 Matthew Bender & Company, Inc.., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 108-209, APPROVED 3/19/04 *** TITLE 18. CRIMES AND CRIMINAL PROCEDURE PART I. CRIMES CHAPTER 113C. TORTURE GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION 18 USCS § 2340A (2004) § 2340A. Torture (a) Offense. whoever outside the united States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction. There is jurisdiction over the activity prohibited in subsection (a) if-- (1) the alleged offender is a national of the united states; or (2) the alleged offender is present in the united States, irrespective of the nationality of the victim or alleged offender. (c) Conspiracy. A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy. HISTORY: (Added April 30, 1994, P.L. 103-236, Title V, Part A, § 506(a), 108 Stat. 463; sept. 13, 1994, P.L. 103-322, Title VI, § 60020, 108 Stat. 1979; Oct. 26, 2001, P.L. 107-56, Title VIII, § 811(g), 115 Stat. 381.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Effective date of section: This section takes effect on the later of (1) the date of enactment or (2) the date on which the united States has become a party to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, as provided by § 506(c) of Act April 30, 1994, P.L. 103-236, which appears as 18 USCS § 2340 note. [The Convention entered into force with respect to the united States on Nov. 20, 1994, Treaty Doc. 100-20.] Page 76 023427 #1.txt Amendments: 1994. Act Sept. 13, 1994, in subsec. (a), inserted "punished by death or". 2001. Act Oct. 26, 2001, added subsec. (c). NOTES: CROSS REFERENCES Sentencing Guidelines for the united States Courts, 18 USCS Appx §§ 2A1.1, 2A1.2, 2A2.1, 2A2.2, 2A4.1. RESEARCH GUIDE Annotations: Construction and Application of united Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment, or Punishment. 184 ALR Fed 385. Law Review Articles: Chemerinsky. Litigation alerts in the USA Patriot Act. 23 Cal Law 29, April 2003. Sproule. The Effect of the USA Patriot Act on Workplace Privacy. 49 Prac Law 35, February 2003. From:. Reitz, Nathaniel J MAJ (88 SJA) Sent:. Saturday, April 03, 2004 10:55 AM To:. Lewis, Audrey J LTC (88 SJA) Cc:. Waldkoetter, Eric COL (88SJA) Subject:.LCHR Letter & 18 USC § 2340A 18 USCS § 2340A UNITED STATES CODE SERVICE Copyright (0 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 108-209, APPROVED 3/19/04 *** TITLE 18. CRIMES AND CRIMINAL PROCEDURE PART I. CRIMES CHAPTER 113C. TORTURE GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION 18 USCS § 2340A (2004) § 2340A. Torture (a) offense. whoever outside the united States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction. There is jurisdiction over the activity prohibited in subsection (a) if-- (1) the alleged offender is a national of the united States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. (c) Conspiracy. A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the Page 77 04.'3428 #1.txt conspiracy. HISTORY: (Added April 30, 1994, P.L. 103-236, Title V, Part A, § 506(a), 108 Stat. 463; Sept. 13, 1994, P.L. 103-322, Title VI, § 60020, 108 Stat. 1979; Oct. 26, 2001, P.L. 107-56, Title VIII, § 811(g), 115 Stat. 381.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Effective date of section: This section takes effect on the later of (1) the date of enactment or (2) the date on which the united States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as provided by § 506(c) of Act April 30, 1994, P.L. 103-236, which appears as 18 USCS § 2340 note. [The Convention entered into force with respect to the United States on Nov. 20, 1994, Treaty Doc. 100-20.].- Amendments: 1994. Act Sept. 13, 1994, in subsec. (a), inserted "punished by death or". 2001. Act Oct. 26, 2001, added subsec. (c). NOTES: CROSS REFERENCES Sentencing Guidelines for the United States Courts, 18 USCS Appx §§ 2A1.1, 2A1.2, 2A2.1, 2A2.2, 2A4.1. RESEARCH GUIDE Annotations: Construction and Application of united Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment, or Punishment. 184 ALR Fed 385. Law Review Articles:. Chemerinsky. Litigation alerts in the USA Patriot Act. 23 Cal Law 29, April 2003. Sproule. The Effect of the USA Patriot Act on workplace Privacy. 49 Prac Law 35, February 2003. From: 40041111141100.110cw3 41111111111pEthelvoir.army.mil ] Sent:. Tuesda , March 30, 2004 : To:.CW5; 'COL.(E-mail)'; glimmillift; 'CW5 111111111p(E-mai ;.CW3 - 3• MP Group (CID) (E-ma-tu(E-rt vars MAJ - SJA; •. 'CW3. Maj.. (E-mail);.TC LND' -mai Subject:.a us Reports Bagram Detainee Death Cases 30 Mar 04 Cc:.(E-mail); MEIRRatif Attached are the most recent approved status reports pertaining to the Afghanistan detainee death ROIs. Copies are being provided to all addressees listed in the distribution section of the reports. We continue efforts to determine criminal culpability for the death(s). AIIIIIIIIII agemnpr ( ( ) z CW3, MP HQ, USACIDC 601L 703 wk . Page 78 09°4 '9 #1.txt 703AMOMMUMMIFax DSN Prefix: 656 elvoir.army.mil cell 41111111111! From: Sent:.ay, March24, 2004 3:37 PM To:.SSG Cc:.usarc-emh2.army.mil Subject..: Duty SSG . we certainly appreciate our willingness to help out on this matter..as to what, if any, info she feels we guess I would defer to LTC. should gather at this time.. Like I say, if and when this is pushing forward and info comes down, I will pass it on.. SGM . original messa e . From:.SSG" 41110,11111111pus.army.mil Date: Wednesday, marc 24, 2004. . subject: Duty Dear SGM Just checking I know there is no new information, but I am . still available. Are there any forms/information that you will need from me? If so, I might as well get them ready ahead of time. Best, SSG From:.@us.army.mil 1111111111111111@us.army.mil ] Sent: we. 17 2004 3:33 PM To: IMINIIIIIMIMINSSG subject: Re: just got off the phone with LTC. SM. She said to get back to you and indifdtd—thatthings at this point are still a little unsettled, that startup times for the invest. are still be determined. I will send info down to you as soon as it comes to me. We are interested in having you assist when and if the investigation proceeds, which is likely.. SSG .our Deputy SGM allp . ori inal Messa e . From: '.SSG" 111111011111101@us.army.mil Date: Wednesday, Marc 17, 2004. : 4 am » Dear SGM . I am with t e r LSO out of Boston. I understand that you are looking for NCO's for an Article 32 investigation out of Fort . Belvoir beginnning soonest. I am available and wish to volunteer . if you need me. I just spent seven months up at Fort Drum under Noble Eagle, working in both the Claims and criminal Law Sections. My home phone number is .Fax .Cell . Best . SSG Page 79. 023430 #1.txt From: Sent:. Tuesda , March 23, 2004 6:49 PM To:.us.army.mil Cc:.usarc-emh2.army.mil Subject:.Re: FW: INVESTIGATION _-_ , FC .Thanks for your interest in helping us out. I am copying LTC our full time Deputy Staff Judge Advocate. we will keep your name llire an w en things are a little more determined, such as length of duty (probably two to four months), I will get back to you as urciIIIIIPUirects. Thanks again for expressing your interest and I will keep you ad\7170. 88th REGIONAL READINESS COMMAND From: MA] SJA [.forscom.army.mil ] SGM CHIEF PARALEGAL N. - Sent: 1111111111. Marc 22, 2004 3:4 P To: LTC (88 SJA).minmp LTC - SJA Cc: TC (USARC SJA) Subject: Extension/Amendment to SSG (ADT) . Ma'am/Sir: SSG AIIIIIIPis on the ground and working hard. However, I believe that we will only get about half (at most) of what needs to be done with the database done this week. we had a mighty struggle this weekend to get the structure set up to do what I or any future prosecutor will need it to do. SSG_- is confused about his ability to continue working with me. Ma'am, e thinks that you told him that he has a school beginning next week. He received a letter from TJAGLCS that indicated the course to which he is going ("Law for Paralegal NCOs") begins 19 April (report date 18 April). I have checked the TJAGLCS web site. The next "Law for Paralegal NCOs" course begins 19 April. The only thing beginning 29 March is the SGW. - world-wide symposium. Not sure what ATARS says or where SSG Lukens is' plugged in on that system. SSG.informs me that he is available to work until his school starts if we can get his orders extended and amended. I would, of course, want to bring him back to Fort McPherson. I understand that this request creates funding and authority (to keep him on AD) issues. I don't profess to be an expert but could we consider ADSW or something like that? I merely make the request and understand that the answer might have to be no. The bottom line is: I could use him; he and I have discussed it; he can do it; and it would be preferable for the future of this case. I am scheduled to be on leave from 3-10 April for visitation with my son...but by then he should be able to work almost independently I would hope. I could provide guidance telephonically if needed, or someone in the office would be able to help him sort through things if I am not available. We'll.be standing by for guidance. I thought the idea deserved some thought and knew that the sooner it was out there the better chance we would have to make something happen. Very Respectfully, MAJ From:.us.army.mil Sent:.2, 2004 10:37 AM Mon ay, Marc. To: . Page 80 023431 c #1.txt Cc:.usarc-emh2.army.mil Subject,111111r7D Assistance I will pass this on to LTC hand6d down (e.g., dates, duration, etc.) I talked briefly with CG Beasley this past weekend and reiterated the importance and sensitivity of this matter and the need to keep it very confidential. so please don't divulge what ou may know to MSG .and will keep you informed as info is anyone else otuside of myself and our office. SGM From: .original message us.army.mil Date: Monday, Mar-cFi 22, 2004 9:58 am subject: 27D Assistance SGM when SGM.initially contacted me abo our nee• for 27D assistance, e and I both discussed SPC.as a possible choice. I was also put into con ac and gave her SPC Oillp name and telephone number. SPC.. is prepared for a six-month tour of duty and is avai able within the specified time frame. she will have completed her graduate studies in early April , and is prepared to : report for duty upon your request. MSG chie 3d Legal Support Organization Boston, MA 02210 unit Telephone: (617) Civilian Telephone. Home Telephone: From:4111,111111111rus.army.mil Sent: Mon a marc 2, 2004 10:22 AM To: us.army.mil Cc: sarc-emh2.army.mil Subject: . Fwd: Enlisted Training opportunity originalSPC I believe we have your name in file as a volunteer to help out with this We will keep you posted on the status of the need for enlisted support. SGM missio. From: us.army.mil Date: Fr1 9, 2004 11:19 am subject: Fwd: Enlisted Training opportunity I was advised by my NCOIC (SFC Ulf to contact you regarding this trainin . nit . am very in erested. Thank you!!! From: *us.army.mil Sent: Mol•FEPIE, 2, 2004 9:38 AM To:. us.army.mil Cc: sarc-emh2.army.mil ;41111111111111111pusarc-emhy2.army.mil subject: Re: Enlisted Training Opportunity SPA. Thank you for your interest in helping out on this investigation. I am forwaour full-time Deputy SJA. As I rding your response to LTC41111.1111111., understand it, we are in kind of-a-fibTan.IT-Pattern until the exact mission gets determined and dates finalized. I will keep you apprised on the status of the investigation as I hear it from LTC and when and how many enlisted personnel Page 81 023432 (4)( (0)' ca-A we need to support this mission. SGm , Chief Paralegal NCO, 8th RRC .inal messa e co From: us.army.mil Date: ri ay, marc 9, 2004 11:17 am Subject: Enlisted Training opportunity to get in touch with you regarding this training opportun I am very interested in this project. ..-: I was advised by my NCOIC (SFC. From:. LTC - SJA [ orscom.army.mil ] Sen : 9 2004 7:34 AM To:.LTC (88 SJA)' Subject: RE: Con ct Info for MAJat FBVA V/R 411111, hey lady - how ya doi ? Mr. 4111lasends his regards. z don't think he has changed much! FORSCOM..cer 404 DSN 367 111111.111.1.11111 This email, and any attachment thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail you are hereby notified that any dissemination, distribution or copyin9 of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me by telephone and permanently delete any printout of the message: , the original and any copy of the e-mail. ori -i nal essa e From: Tc (88 sJA) [mailto:41111111111110pus.army.mil] Sen : s ay, a c 17, 2004 7:30 To: MAJ - SJA;.TC USARC SJA; LTC Cc: LTC LTCC SARC..COL (88S411111111111"r .111.11111111111. subject: RE: Contact n o J 111111 at FBVA MAJ (1100et al - I have just spoken to our NCO, SSGc He reports having considerable experience with Microsoft Excel cess Database systems including both design and maintenance. He is available until the 28th, at which time he goes to the JAG school for a week long course, though he says that can be postponed if necessary. I have an RFO submitted which would have SSG Allip arriving as early as Friday. Please let me know ASAP if you wish him-E5-Zome down. On a personal note - greetings to and 41111111111IP Its been 10 yrs since Vicenza... Hope you're both WFFF: :-) allaiRMINONO 1, LTC, JA, Deputy SJA 88th RRC Page 82 #1.txt 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612=11 Fax: 612 Ori inal Message. From:.MAJ.forscom.army.mil ] . SJA [mailto Sent• We nes a. arch 17, 2004 5:58 P To:.TC (USARC SJA); LTC - SJA Cc:. LTC - SJA; MAJ - SJA; LTC. SJ Su jec : RE: Contact Info for MAJ. at FBVA Sir: I am monitoring my email from here and believe that is the best way to contact me for the time being. I do not check email as often during the day as I would if I were back there, but I do check it at least 3 times a day (morning, lunch, & prior to evening departure). I'd be happy to take any info you have for a 27o, but am not sure at what point I will need him or her as of yet. Just wading thru the over 200 (estimated) statements and other items of documentary evidence is taking a while. Additionally, I am noticing that we have several more interviews to track down before we can really start looking beyond lower-level titling decisions and toward the significant potential offenses...that is if any of the more significant offenses are ultimately even titled or-charged. Although we have no admin support at the moment, we also have little need for it for the time being. Copies of the statements were made prior to my arrival, and further tree-killing should probably be postponed (in my opinion) until we have a plan put together and a better feel for what we need. HOWEVER Sir, if you have a comptiter guru that is exceptionally literate in building Microsoft Access databases, reports, and queries, (who would then do the data input under my guidance as well) then I do think I could use someone sooner rather than later. Building a database would really help to manage and balance the large number of witnesses and statements that we have with all of the potential accuseds. If I had time to learn it on the fly and build it from scratch, then I would do it. But I just cannot do that right at the moment. Access takes a while to use even if you know how to do it. I do greatly appreciate your assistance Sir, and that of the 88th as well. CID has also been very complimentary of the support that they have been receiving from the 88th. I am confident we will all work well together going forward. Very Respectfully, Ori inal Message . From: LTC USARC SJA . To: LTC - SJA . Cc: LTC -SJA;41111011111111, MAJ - SJA; Sent: 3/17/2004 6:14 PM Page 83. 023434 #1.txt subject: contact Info for MAJ .FBVA at por other addressee at FORSCOM: Do you have contact numbers for MA) qpFort Belvoir? we want to coordinate with him about the 27D we're trying to provide to help him and I don't have his number. LTC.might have it but he's gone for the evening and he will be trave ing to the on-site in St. Louis tomorrow. Please advise. Thanks! V/R, LTC Deputy Staff Judge Advocate US Army Reserve Command (404) D DSN 367-0111. Fax: (404) 1111111111, Secure: (404)111111110 From: SIMIIIIMIN MAJ SJA 1101101110@forscom.army.mil ] - Sent: ThTFTUT--March 18, 2004 1 . To: LTC (88 SJA) ' Subject:.RE: Con act Info for MAJ. at FBVA Thanks ma'am...appreciate the update. I apologize for not getting to my email sooner this morning. Please let me know if there is anything I can do to help from my end. Very Respectfully, MAWS Original messa•e. From:.LTC (88 SJA) To:.MAJ SJA - Sent: 3/18 2014 10:59 AM Subject: RE: Contact Info for MAJ 411Irat FBVA Just got his orders approved; G-2 is working on verification of his clearance (I believe he has an interim currently, pending renewal). we'll-try to get a flight reservation for him tomorrow morning. stay tuned. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. snellin. MN 55102 Tel: 612 Page 84 0 2 3 4 3:5 au_ (b)0P- #1.txt Fax: 6124IIIIIIIP . Ori incl Message - From:.MAJ SJA [mailto:d11111111pforscom.army.mil] Sent: T urs ay, March 18, 2004 8:39 AM To:.TC (USARC SJA); 1111111111111111pLTC (88 SJA) '; MAJ - SJA;.LTC - SJA Cc:.- SJA;(1111111111MINIm; d11111111100 4[1,C USARC SJA;lIllIlliinlbCOL (88SJA) ' Subject: RE: Contact In o or mA34111Ipat FBVA Sir and LTC. Ma'am: I have discussed with LTC.and we agree that SSG ellieshould come on over here ASAP. Thanks much for the help. If you put SSG 11111111in contact with me, we can arrange his arrival. SSG lallashould contact Fort Belvoir billeting for a room on post...and specifically ask for something in or near building 508 - where I am. No hardware is needed. i have been assured everything we need here from cm...and the USACIDC and Belvoir SJAs have also offered support if needed. I will merely transport the database on CD and memory stick back to McPherson. once this initial data entry is done and double-checked, should be able to maintain the database on my own as new information comes in. However, if we get or expect a large push of info, I may ask for assistance again. The biggest obstacle is creating the various database tables within the main database, inputting the information, then designing the queries to pull the information in various reports and forms. I have already started on the main database table...the sub-tables still need to be developed and linked to fields within the main table. I have no plans to make this harder by putting classified data in the database right now. I do not even intend to transport classified documents myself. My plan is to review everything here, but then ship it all home and deal with it there. SSG will need to bring verification of security clearance. shot'!" have unescorted access to the CID HQ building by later today so we can work in here over the weekend. My backup plan is to borrow a laptop from USACIDC SJA and work on things in my room. I am currently scheduled to depart in the morning on 27MAR04. SSG should be able to leave from here and go directly to TJAGLCS with tarn. Page 85 023436 DOD-049005 day as a travel day. My office number morning if someone needs Thanks again for Very Respectfully MAJ 11111 #1.txt We will not work that day. here is (703) MUM I should be in most of the to contact me regarding this. the help Sir and Ma'am. Original Message From: LTC USARC SJA To: LTC (88 SJA); MA3 - SJA011111111111. H. LT - SJA Cc: LTC -SJA;1111111111111111111.;111111111111 VIP. LTC USARC SJA;4111111111111111101000L (88SJA) Sent: 3/17/2004 7:2 PM Subject: RE: Contact Info for MAJ 11 at FBVA ALCON: Standing by to support. Suggestions: Might want to verify what computer hardware SSG... should bring if MAJ wants him to TOT Friday. Also, whether classified data will be entered into the ACCESS database/EXCEL spreadsheets because the laptop and media will then have to be certified/secured and courier orders authorized if SSG1111111h will transport. Finally, scope of the work on database if it's going to require SSG.to work on it after -- completion of his course. Aloha, 11111111111 LTC IN•11111111111 Deputy staff Judge Advocate US Army Reserve Command (404) DSN 367.110 Fax: 4 Secure: (404 0 • • ssa e From: LTC (88 SJA) Sent: We nes a , arc 17, 2004 7:30 PM TO: MA) - SJA; ainam.LTC USARC SJA; allikp Cc: aii......... LTC - SJA; 4111P LTC USARC SJA;11111111111111111riiiii8SJA) Subject: RE: Contact Info or M J at FBVA MAJ al - I have just spoken to our NCO, SSG He reports hav considerable experience with Microsoft Excel an Access Database NY J Page 86 ( 12) (6) z 0 2 3 4 37 cal a)(a) a #1.txt systems including both design and maintenance. He is available until the 28th, at which time he goes to the JAG school for a week long course, though he says that can be postponed if necessary. I have an RFO submitted which would have SSG . arriving as early as Friday. Please let me know ASAP if you wish him to come down. on a personal note - greetings to 411111111111Pnd 4111111111111, Its been 10 yrs since Vicenza... Hope you're both well. :-) 111111,111sJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 .ssage. Or. From:.MAJ SJA [mailtAIIIIIIMPforscom.army.mil] Sent:.arch 17, 2004 5:58 To:.LTC (USARC SJA);.LTC - SJA LTC - SJA;.MAJ - SJA; LTC (88 SJA) '; su•ject: RE: Contact Info or MAJ. at FBVA Sir: I am monitoring my email from here and believe that is the best way to contact me for the time being. I do not check email as often during the day as I would if I were back there, but I do check it at least 3 times a day (morning, lunch, & prior to evening departure). I'd be happy to take any info you have for a 27D, but am not sure at what point I will need him or her as of yet. Just wading thru the over 200 (estimated) statements and other items of documentary evidence is taking a while. Additionally, I am noticing that we have several more interviews to track down before we can really start looking beyond lower-level titling decisions and toward the significant potential offenses...that is if any of the more significant offenses are ultimately even titled or charged. Although we have no admin support at the moment, we also have little need for it for the time being. Copies of the statements were made prior to my arrival, and further tree-killing should probably be postponed (in my opinion) until we have a plan put together and a better feel for what we need. HOWEVER Sir, if you have a computer guru that is exceptionally literate Page 87. 023433 QUI CO (6) z #1.txt in building Microsoft Access databases, reports, and queries, (who would then do the data input under my guidance as well) then I do think I could use someone sooner rather than later. Building a database would really help to manage and balance the large number of witnesses and statements thaiwe have. ` ,44 with all of the potential accuseds. If. had time to learn it on th,e fly and build it from scratch, then I would do it. But I just cannot do that right at the moment. Access takes a while to use even if you know how to do it. I do greatly appreciate your assistance Sir, and that of the 88th as well. CID has also been very complimentary of the support that they have been receiving from the 88th. I am confident we will all work well together going forward. very Respectfully, MA) op . Ori inal Message. From:.LTC USARC SJA To:.LTC - SJA Cc:.LTC - SJA;IIIIIIIIMI. MAJ - SJA; 71111,11OLTC (88 SJA) Sent: 3/17/2004 6:14 PM Subject: Contact Info for MAJ 111111kat FBVA other addressee at FORSCOM: Do you have contact numbers for MAJ illirr at Fort Belvoir? we want to coordinate with him about the 27D we're trying to provide to help him and I don't have his number. LTC 111111111111.11. might have it but he's gone for the evening and he will be traveling to the on-site in st. Louis tomorrow. Please advise. Thanks! V/R, LTC IIIIIIIIIIIIIIIP Deputy Staff Judge Advocate us Army Reserve Command (404).DSN 367/111.D Page 88 02343'3 #1.txt Fax: (404) 111111111 Secure: (404) 1111.1 From: Adommlimmilli MAJ - SJA @forscom.army.mil] Sent: Thursday, march 18, 2004 AMP To: LTC USARC SJA); 41111111111111IVTc (88 SJA) 1 ;11111111110 AMMO MAJ - SJA* LTC - SJA Cc: LTC - SJA; 111111111111111111110.;1111111111111111pLTC USARC SJA; L (88s3A) ' subject: RE: Contact nfo for MAJ dill at FBVA Sir and LTC Ma'am: and we agree that SSG. over here ASAP. Thanks mur!!!the help. If you put SSG in contact with me, we can arrange his arrival. SSG should contact Fort Belvoir billeting for a room on post...and specififill'ask for something in or near building 508 - where I am. I have discussed with LTC.should come on No hardware is needed. I have been assured everything we need here from CID...and the USACIDC and Belvoir SJAs have also offered support if needed. I will merely transport the database on CD and memory stick back to McPherson. Once this initial data entry is done and double-checked, should be able to maintain the database on my own as new information comes in. However, if we get or expect a large push of info, I may ask for assistance again. The biggest obstacle is creating the various database tables within the main database, inputting the information, then designing the queries to pull the information in various reports and forms. I have already started on the main database table...the sub-tables still need to be developed and linked to fields within the main table. no plans to make this harder by putting classified data in the database right now. I do not even intend to transport classified documents myself. My plan is to review everything here, but then ship it all home and deal with it there. have no SSG 11111111111111will need to bring verification of security clearance. I should have unescorted access to the CID HQ building by later today so we can work in here over the weekend. My backup plan is to borrow a laptop from USACIDC SJA and work on things in my room. I am currently scheduled to depart in the morning on 27MAR04. SSG should be able to leave from here and go directly to TJAGLCS with !lar as a travel day. we will not work that day. My office number here is (703) 4111111mI should be in most of the morning if someone needs to contact me regarding this. Thanks again for the help Sir and Ma'am. Very Respectfully, MAJ glop Ori i al Message From:.LTC USARC SJA . To:.LTC (88 s)A);111111111111111111. MAJ -SJA; Page 89 02341 0 ,01B VG) z- #1.txt an, LTC - SJA Cc:.LTC - SJA;a1111=1111.0 LTC USARC SJA;.COL (88SJA) Sent: 3/17/2004 7:29 PM Subject: RE: Contact Info for MAJ411111at FBVA ALCON: Standing by to support. Suggestions: Might want to verify what computer hardware SSG should bring if MAJ wants him to TOT Friday. Also, whether classified data will be entered into the ACCESS database/EXCEL spreadsheets because the laptop and media will then have to be certified/secured and courier orders authorized if sSGIlialt will transport. Finally, scope of the work on database if it's going to require SSG1 to work on it after completion of his course. Aloha, ORM LTC DepLaIM!!!!!Advocate US Army Reserve Command (404) DSN 3674111h Fax: Secure: (404) Original Message From: LTC (88 SJA) Sent: 17 , 2004.2ligaid..m To: MAJ SJA; glimillimp LTC USARC SJA; - LTC - SJA Cc: LTC SJA; ariallia1;111111111111111.01 - MEW LTC USARC SJ.COL (88SJA) Subject: RE: Con a n o J41111Pat FBVA MAJUIllet al - I have just spoken to our NCO, SSG He reports having considerable experience with Microsoft Excel and Access Database systems including both design and maintenance. He is available until the 28th, at which time he goes to the JAG school for a week long course, though he says that can be postponed if necessary. I have an RFO submitted which would have SSG alliparriving as early as Friday. Please let me know ASAP if you wish him to come down. on a personal note - greetings to 4111.111111.nd Ininglir Its been 10 yrs since vicenza... Hope you're both well. :-) LTC, JA, epu y SJA aill.1111111. 88th RRC 7N 506 Roe der Circle Ft. Snelling, MN 55102 Page 90 02344 1 DOD-049010 #1.txt Tel: 612 Fax: 612)111111111P . Ori final Message. From:.MAJ - SJA [mailto..forscom.army.mil ] Sent: We.March 17, 2004 5:58 PM To:.LTC (USARC SJA);.LTC -.SJA CC:. LTC - SJA;.-MA3---S3A; 1111111. LTC (88 SJA) qi!!!!!!!IRE: Contact Info or MA3. at FBVA Sir: I am monitoring my email from here and believe that is the best way to contact me for the time being. I do not check email as often during the day as I would if I were back there, but I do check it at least 3 times a day (morning, lunch, & prior to evening departure). I'd be happy to take any info you have for a 27D, but am not sure at what point I will need him or her as of yet. Just wading thru the over 200 (estimated) statements and other items of documentary evidence is taking a while. Additionally, I am noticing that we have several more interviews to track down before we can really start looking beyond lower-level titling decisions and toward the significant potential offenses...that is if any of the more significant offenses are ultimately even titled or charged. Although we have no admin support at the moment, we also have little need for it for the time being. Copies of the statements were made prior to my arrival, and further tree-killing should probably be postponed (in my opinion) until we have a plan put together and a better feel for what we need. HOWEVER Sir, if you have a computer guru that is exceptionally literate in building Microsoft Access databases, reports, and queries, (who would then do the data input under my guidance as well) then I do think I could use someone sooner rather than later. Building a database would really help to manage and balance the large number of witnesses and statements that we have with all of the potential accuseds. If I had time to learn it on the fly and build it from scratch, then I would do it. But I just cannot do that right at the moment. Access takes a while to use even if you know how to do it. I do greatly appreciate your assistance sir, and that of the 88th as well. CID has also been very complimentary of the support that they have been Page 91 02344 2 #1.txt receiving from the 88th. I am confident we will all work well together going forward. Very Respectfully, MAJ . Ori final Message. From:.LTC USARC SJA To:.LTC - SJA Cc:.LTC - SJA; 011111111111110 MAJ -.SJA; 1111111111bLTC (88 SJA) Sent: 3/17/2004 6:14 PM Subject: Contact Info for MAJ meat FBVA or other addressee at FORSCOM: Do you have contact numbers for MAJ a . trying to provide to help him and I don't have his number. LTc41111111111, might have it but he's gone for the evening and he will be traveling to the on-site in St. Louis tomorrow. Please advise. . ort Belvoir? we want to coordinate with him about the 27D we're 1111 Thanks! v/R, LTC Deputy staff Judge Advocate US Army Reserve Command (404).DSN 367-8058 Fax: (404)IIIIIIIIIr Secure: (404)111111111P From: LTC USARC SJA Sent: Wednesday, March 17, 2004 6:30 PM To: LTC (88.MAJ - LTC -.SJA Cc: LTC - SJA;.1111111111111,TC USARC SJA; COL (88SJA) Subject: RE: Contact Info for MAJ41111,at FBVA ALCON: Standing by to support. Suggestions: Might want to verify what computer hardware SSGalllbshould bring if MAJwants him to TOT Friday. Also, whether classified data will be entered into. ACCESSdatabase/EXCEL spreadsheets because the laptop and media will then Page 92 02.3443 #1.txt have to be certified/secured and courier orders authorized if SSG .will tr port. Finally, scope of the work on database if it's going to. re SSG to work on it after completion of his course. LTC Deputy Sta Ju ge Advocate US Army Reserve Command (404) DSN 36741111W Fax: (404) Secure: (40 . Original Message. From:.LTC (88 SJA) Sent: Wednesda March 17, 2011Ljojim____ To:.MAJ - SJA; 11.....1111. LTC USARC SJA; !11111111W LTC - SJA Cc:.LTC - SJA; 1111111111.10..; 1111111111111111VTC USARC SJA;.COL. Slot) Subject: RE: on ac nfo for MA] Mat FBVA mAJIMIND et al - have just spoken to our NCO, SSG... He reports having considei-able experience with Microsoft Excel and Access Da abase systems including both design and maintenance. He is available until the 28th, at which time he goes to the JAG school for a week long course, though he says that can be postponed if necessary. I have an RFO submitted which would have SSG arriving as early as Friday. Please let me know ASAP if you wish him to come down. On a personal note - greetings to. 1111111111111and Its been 10 yrs since Vicenza... Hope you're both we . :- LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 .ori in age. From MAJ - SJA [mailto1,11111,forscom.army.mil] Sent: Wednesday, March 17, 2004 5:58 P To: LTC (USARC SJA);.TC SJA Cc: LTC -SJA;11111111=111, MAJ SJA411101111.11. LTC (88 SJA) ; Subject: RE: Contact Info or MAJ ilar at FBVA - Sir: I am monitoring my email from here and believe that is the best way to contact me for the time being. I do not check email as often during the day as I would if were back there, but I do check it at least 3 times a day (morning, lunch, & prior to evening departure). I'd be happy to take any info you have for a 27D, but am not sure at what point will need him or her as of yet. Just wading thru the over 200 (estimated) statements and other items of documentary evidence is taking awhile. Additionally, I am noticing that we have several more interviews to track down Page 93 aW #1.txt before we can really start looking beyond lower-level titling decisions and toward the significant potential offenses...that is if any of the more significant offenses are ultimately even titled or charged. Although we have no admin support at the moment, we also have little need for it for the time being. copies of the statements were made prior to my arr -Nal, and further tree-killing should probably be postponed (in my opinion) until we have a plan put together and a better feel for whlwe need. HOWEVER Sir, if you have a computer guru that is exceptionally lite0ate in building Microsoft Access databases, reports, and queries, (who would then do the data input under my guidance as well) then I do think I could use someone sooner rather than later. Building a database would really help to manage and balance the large number of witnesses and statements that we have with all of the potential accuseds. If had time to learn it on the fly and build it from scratch, then I would do it. But just cannot do that right at the moment. Access takes a while to use even if you know how to do it. I do greatly appreciate your assistance Sir, and that of the 88th as well. CID has also been very complimentary of the support that they have been receiving from the 88th. I am confident we will all work well together going forward. very Respectfully, mAJ111111 0 messa e From' LTC USARC SJA To: LTC -SJA Cc: LTC -SJAMORMINI. MAJ - LTC (88 SJA) Sent: 3/17/2004 6:14 PM subject: Contact Info for tAJ it FBVA or other addressee at FORSCOM: Do you have contact numbers for MAT 411k at Fort Be we want to coordinate with him about the 27D we're trying to provide to help him and I don't have his number. LTC might have it but he's gone for the evening and he will be traveling to –tfie—OWT-site in St. Louis tomorrow. Please advise. Thanks! V/R, LTC Deputy staff Judge Advocate US Army Reserve command (404) 46441111, DSN 3671.11. Fax: (404) alligat Secure: (404) - Page 94 023445 #1.txt From:.4111111111.1111.1. MAJ SJA 1111111111@forscom.army.mil ] - Sent:.march 17, 2004 5:58 PM we esda. To:.LTC (USARC SJA);fIIIIMIIIIMIIgliTC - SJA Cc:.. LTC - SJA;.MAJ - SJA; mom 4111141111ILTC (88 SJA) Subject:.RE: Contact In o or.at FBVA Sir: I am .monitoring my email from here and believe that is the best way to contact me for the time being. I do not check email as often during the day as I would if I were back there, but I do check it at least 3 times a day (morning, lunch, & prior to evening departure). I'd be happy to take any info you have for a 27D, but am not sure at what point I will need him or her as of yet. Just wading thru the over 200 (estimated) statements and other items of documentary evidence is taking a while. Additionally, I am noticing that we have several more interviews to track down before we can really start looking beyond lower-level titling decisions and toward the significant potential offenses...that is if any of the more significant offenses are ultimately even titled or charged. Although we have no admin support at the moment, we also have little need for it for the time being. Copies of the statements were made prior to my arrival, and further tree-killing should probably be postponed (in my opinion) until we have a plan put together and a better feel for what we need. HOWEVER Sir, if you have a computer guru that is exceptionally literate in building Microsoft Access databases, reports, and queries, (who would then do the data input under my guidance as well) then I do think I could use someone sooner rather than later. Building a database would really help to manage and balance the large number of witnesses and statements that we have with all of the potential accuseds. If I had time to learn it on the fly and build it from scratch, then I would do it. But I just cannot do that right at the moment. Access takes a while to use even if you know how to do it I do greatly appreciate your assistance Sir, and that of the 88th as well. CID has also been very complimentary of the support that they have been receiving from the 88th. I am confident we will all work well together going forward. very Respectfully, MAJ From: TC USARC SJA To: LTC - SJA • LTC - SJA;4IIIIIIIIIIIII, MAJ -SJA;aniff LTC Sent: /17/2004 6:14 PM Subject: Contact Info for MAJ /Oat FBVA or other addressee at FORSCOM: Do you have contact numbers for MAJ Ailli at Fort Belvoir? we want to coordinate with him about the 27D e're trying to provide to help him and I don't have his number. LTC might have it but he's gone for the evening and he will be Page 95 023446 001 j, 0C-6) #1.txt traveling to the on-site in St. Louis tomorrow. Please advise. Thanks! v/R, LTC 111111111111111 Deputy Staff Judge Advocate US Army Reserve Command DSN 367-Mat (404) . Fax: (404) 111111111, Secure: (404)IM From:.LTC USARC SJA 11111111,11111 Wednes ay, ma ch 17, 2004 5:15 To:.LTC - SJA LTC -MAJ - SJA; 111111, LTC (88 SJA) Subject:.Contact Info for MAIMat FBVA Sent:.PM or other addressee at FORSCOM: Do you have contact numbers for MAJIIIIIIMt Fort Be voir? we want to coordinate with him about the 27D we're trying to provide to help him and.might have it but he's gone don't have his number. LTC. for the evening and he will be traveling tO14111111Pte in St. Louis -umnorrow. Please advise. Thanks! V/R, LTC 1111MININI Deputy staff Judge Advocate US Army Reserve Command (404).DSN 367111111p Fax: (404) Secure: (404)1111111111, From: 023447 #1.txt Sent:. Wednesday, March 17, 2004 1:45 PM TO: usarc-emh2.armv.mil': usarc-emh2.army.mil' Cc: @usarc-emh2.army.mil ;.us.army.mil' Subject:.ENLISTED SUPPORT FOR FT. BELVOIR LTC.So far, it looks like I have rounded up four very capable soldiers to assist in the Ft. Belvoir mission, those being: 1) msGellialEirlit 2) SEAMIER 3) SSG 1111111.P and 4) SSG Should I or is mission an go with these invit. end sol iciting sliiiirs PMW decide who gets cut?. SGM U.• From:. LTC (88 SJA) [mailt0:4111111111111r us.army.mil ] ,-.MMTORIVIMMErik 17 2004 9:43 AM Sent'. To: Cc: SGM (88 SJA) Subject: RE: Awar•or First I've heard of it. I'll check. SGM 111111111- do you know who was working on this? LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 6121111111111 Fax: 612/MIM From:.[mailto Sent: We nes•ay, ar.9:24 AM To:.(E-mail) Subject: FW: Award for SPC Amy word on the status of the award for SPC . Original Messa e. From:.[mailto Sent:.rc To: Page 97 023448 DOD-049017 #1.txt subject: FW: Award for SPC 11111111111111111111111 why Wait? Move to EarthLink. . original Message . From: To: COL 1011.1111 COL Sent: 2/4/2004 12:42:28 PM Subject: Award for SPC COL IOW" COLORER'', 1 spoke with SGM.11111yesterday about SPC.award. He called me back this morning and al.111111111! apparently at the award had been.misplaced. The 88th is retyping the award today and will send it down to the 9th. Thanks for all of your help in making sure that this soldier receives his award. SPCIAMMIIMPtold me that he appreciated both of you reassuring him about the award foTlawing the awards ceremony. -SFC fariffaraliWia A111111111111111, 9 Powered by Plaxo ... want a signature like this? From: us.army.mil Sent: wednes a march 17, 2004 1:39 PM To: usarc-emh2.army.mil Page 98 0 3449 #1. txt subject:.Fwd: LTA= Looks like we have another interested soldier in helping out at Ft. Belvoir. would you like me to have contact you, or give me direction as to what you want me.sGmill do. Thanks. From:.CPT (88 SJA) sent: Mon a. 5, 2004 3:34 PM arc. To:.Cc:. (88 CMDGRP DCG);.SM (88 CMDGRP CSM)JA) Subject:.s i es sir, coL11111111111requested forward these slides to you. If you wish to discuss the sli es you can reach COLINWM at 7151111111111, Thanks, CPT WINNIMIN Military Law Attorney 88th Regional Readiness Command, OSJA E-mail:11.1111111Musarc-emh2.army.mil Phone: 1-800 DSN: 78411111 Fax: 614111111111 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain Sensitive but unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: appipaol.com Sent:. ri ay, arch 12, 2004 6:53 PM To;.us.army.mil cc:.as usarc-emh2.army.mil ; @us.army.mil ; usarc-emh2.army.mil Subject:.Re: INVESTIGATION Hi, coo" I have been on the phone today with 1SG who is a candidate to replace me when I retire. He has about 8 years active u y and was the Chief Paralegal NCO of the 6015th GSU. He is with down at McCoy, having been mob'd. He's been on active duty for 14 1111.111111eined the need*we have to have 3 quality enlisted and a JA (although understand MAJ 411111111Ormay be a Page 99 02345° #1.txt candidate). pplillis now the 1SG for the 6015th, but he still has the strong legal background an.s worked from the prosecution/investigative end when he was on active duty. He checked with his boss and has authorization to be involved at Ft. Belvoir, if we can work out the logistics. He is on Title 10, so technically he is under First Army jurisdiction and not the 88th RRC. I told him I would pose the logistics question to you and LTC..., Since he is on active dutyr, I believe he said if the 88th could cover TDY expenses, that may work. I told h-im I would do some checking and see what you folks think is the best way to proceed from here. MSG allipof the 9th Lso has a SGT. who is also interestgpt..I told her to have him contact me..SGM lip From:.Beasley, Michael W BG (88 CMDGRP CG) Sent:.Frida , March 12, 2004 2:02 PM To:.COL (88SJA) Cc:.LTC (88 SJA) Subject:.R : MP Investigation update I fully concur. Thanks for the note. CG .From: Ori inal Message . COL (88SJA) Sent: ri ay, Marc 1 , 2004 1:06 PM To: B.le Michael W BG (88 CMDGRP CG) Cc:.LTC (88 SJA) Subject: RE: MP Investigation update CG, The FORSCOM SJA, COL fir is sending a mAJIIIIIk a high-speed trial counsel, out to Belvoir next week or about one to two weaETto make a detailed assessment of case. FORSCOM has not yet assumed GCMA but is gathering information to make a decision. Since FORSCOM is currently to .lead, I'm standing fast on Judge Advocate support until I hear from MA3 Sincerely, .Original Message . Fro •.le.Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sent: 3/11/04 3:32 PM Subject: RE: MP Investigation Update OK; thanks. CG .ori9L0aBgEEL. From: , 11110 COL (88SJA) Sent:.Thursday, March 11, 2004 2:28 PM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation update CG, I don't think so. Yesterday, I sent the SJA a copy of slides on our unit's investigation and discussed the slides with him for about 30 min. If the SJA asks for more information, I'll get it to him. Page 100 02345 #1.txt Sincerely, Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sent: 3 Subject: RE: MP Investigation Update . Thanks. Does the USARC SJA need anything from us to enable him to relate an updated status on our unit' investigation, which he could communicate to LTG Helmly at the same time as the Abu Ghraib briefing? If so, go ahead and give him anything we've got. CG Original M From:.COL (88SJA) Sent: Thursday, Marc. . 1, 2004 9:14 AM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation Update CG, LTG Helmly's briefing tomorrow is not on our unit but in response to a 15-6 on a MP unit at the Abu Ghraib Detention Facility in Iraq. The SJA is providing talking points to LTG Helmly that will stress his effort is to prevent the reoccurrence of detainee mistreatment in the future, and his SJA will handle the past investigations. As you instructed, I'll offer the USARC SJA 88th JAG support to assist with the CID investigation. Before sending any names forward, I'll make sure the JAG's are experienced and the funding issues are resolved. I'll request your approval before executing. Sincerely, AIM" . Original Message. From: Beasle Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sent: 3/10/04 7:08 PM Subject: RE: MP Investigation Update IIIIIIIIP Thank you. That's a very useful report. Did you find out if LTG Helmly's briefing was actually on our unit, or was there another matter that Theater was reporting to him? GCMA Jurisdiction: Good answer; that's the right processing. MP Training: Another good answer; I'll handle it with BG Payne. Depending on his response, I may take unilateral action. If so, I'll probably talk with MG Wilson first. SJA Support to the Investigation: We probably have the most SJA personnel available, and the most direct role in seeing that the cases are handled properly. Go ahead and make the offer. I'm sure that we have some experienced JA personnel Page 101 da(k)C(e)7- #1.txt who may desire to get involved in such a critical and complex case. Not a case to cut someone's teeth on, however, so make sure of the experience factor. Discuss funding more before processing this, since the commander assuming GCMA may want his own SJA involved. CG . Ori inal Message. From:.COL (88SJA) Sent: Wednes ay, rc 10, 2004 2:32 PM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation Update CG, _ Just got off the phone with the USARC SJA, COL IIIII1 I reviewed the CID slides with COLIMIlliand several members of the OSJA. Jurisdiction. The USARC SJA has forwarded the issued to FORSCOM SJA, COL Jurisdiction. for a decision. COL IIII, wanted more information before he makes a recommendation to GEN Ellis, so he sent a JAG to Belvoir for the same briefing that I received. COLVIN. believes there may be a GCMA decision as early as next week, but it could be later. I'm delighted that the issue has been forwarded to FORSCOM, and FORSCOM has sent a JAG to receive a CID briefing. I don't think there's anything more we can do on GCMA jurisdiction for now. MP Training. The USARC SJA, COLON., said that on Friday there would be a classified teleconference on the issue involving LTG Helmly, SJA, IG & PAO. There is no legal issue with you becoming involved with MP training, and COL 11111.1. mentioned that it's particularly appropriate for you to assess MP training in the 88th, which I believe you are. Legal Support. when I informed COL about CID's need for legal support to synthesize statements, he suggested'That—I look within the 88th to see if a couple JA soldiers and maybe an officer would like to volunteer for a temporary-.active duty tour for about 2-6 months. Normally the 88th would pay for these tour's; but COL MOW said we could also request funds from USARC G8. In warning order mode, I'll look for soldiers who would be willing to volunteer for temporary active duty tours (Belvoir isn't a hardship post), but I won't take any action until you tell me to pull the trigger. Sincerel COL . Original Message. From: Beasle , Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sen : • Subject: RE: MP Investigation Update MIN OK, thanks for the note. Keep in mind that LTG Helmly appears firmly in control of the situation. He is relying greatly on the USARC SJA for advice and consultation, which is good. The only ambiguity is whether the recent briefing he got from the Theater is the same case(s) as our soldiers have pending. Please raise both the jurisdictional issues, and the need to look closely at the G7 report on the training of MPs. Between the two of us, I haven't been - impressed by the USARC's G7 ability to view the broadest spectrum; he'll probably - be overwhelmed by LTG Helmly's directive. -,/ Page 102 023453 DOD-049022 #1.txt Finally, I am offering to help in any way possible on our cases. It's the USARC CG's call, of course. CG .Or From:.COL (88SJA) Sent: Tuesday, Marc. 9, 2004 4:55 PM To: Beasley, Michael W BG (88 CMDGRP CG); 1111111111111111111,TC (88 SJA) Subject: RE: MP Investigation Update General, I briefly spoke with COL.USARC SJA, today, and I'm on his calendar tomorrow for a detailed discussion tomorrow. I'll have an update for you tomorrow. COL ----Original Message. From: Beasley, Michael W BG (88 cMD To: (88SJA);.LTC (88 SJA) Sent: 0. . Subject: RE: MP Investigation Update OK CG .On From:.OL (88SJA) Sent: Mon ay,.004 10:39 Am To: Beasley, Michael W BG (88 CMDGRP.(88 SJA) Subject: RE: MP Investigation Update CG, I've contacted USARC OSJA, and I'm awaiting a return call b the SJA, COLUMN OW. I'll provide an update once I coordinate with COL COL 111111T111111111111, . Original Message. From: B.BG (88 CMD le Michael W To:. COL (88SJA);. TC (88 SJA) Sent: 3/8/04 10:31 AM Subject: FW: MP Investigation Update Folks, This is the update. Read it; note the progress; keep close hold; do not distribute further. Communicate anything you see or hear with me first. Keep in close contact with USARC SJA, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. CG Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) .023454 Page 103 Oak( 19 ) ((e) #1.txt Sent: Monday, March 08, 2004 9:29 AM To:. Helmly, James LTG (OCAR-zX); Wilson, Charles MG (USARC CMDGRP); USARC IG Cc:.COL USARC SJA; Ke ey, ames A BG USARC CMDGRP;. COL (OCAR-ZX) 11!!!!!!1111.111111E: MP Investigation Update Sir, Received and understood. Thank you. BG Mike Beasley .Message. Original From: Helmly, James LTG (OCAR-ZX) Sent: Monday, March 08, 2004 6:35 AM To: Beasle Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC CMDGRP); COL USARC IG Cc: a.USARC CMDGRP;.COL USARC SJA; COL (OCAR-ZX) : MP Investigation update 1 received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15-6. After legal sufficiency of his investigation is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a , state of completion and decision making we will resolve the jurisdictional issues. The important thing is that justice be served so we will depend upon our SJA for the right counsel to help guide us through this. chief of Staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, March 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly, James LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation Update Memo for MG Wilson: Sir, I have just received a briefing from our senior SJA personnel who visited CID Command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The XVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As i understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Page 104 I-, 0 (-).M .7: #1.txt Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. obviously, I am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be handled.-- — Disturbing factual information was gathered from this review, however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither XVIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, reflect a strong need for a "stand down' day for re-training our MPs on Geneva Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPs. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. we also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, Page 105. 023456 oJilb)(6A #1.txt BG Mike Beasley, CG, 88th RRC From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Friday, March 12, 2004 1:17 PM To: (88 Surgeon Cc: (88 SJA); COL (88 Surgeon) Subject: Co Would the MMRBs and the firness for duty exams be in the normal cow* of affairs? I wouldn't think so. Also, the optimism probably is not warranted,- These incidents are a long way from closure. CG Or s a•e From: LTC (88 Surgeon) Sent: Friday, Marc , 2004 11:39 AM To: Beasley, Michael W BG (88 CMD Cc: (88 SJA); COL (88 Surgeon) Subject: P Co This is a brief summary of my few days with the 377 MP co located in Bloomington, IN and Cincinnati, OH. unit commander, CPT is a good steady leader. unit was very busy preparing for a probable deplo may: Met with one soldier in question at Cincinnati location and one who is reassignied at Camp Atterbury, IN. Conducted a stress and suicide briefing for whole unit in Cincinnati (43 people present.) The commander told me there were actually 17 soldiers implicated, some were at this drill and got the briefing. Being MPs they were toughing it out, denying feelings is par for MPs, I'm told. Their general feeling was that CID had given the impression that they were, how can I say it, "off the hook" more or less. Morale seemed pretty 9ood overall, lots of new troops who have never deployed are drilling with this unit now. It appears that the unit members have focused on the last four MP's who were with the prisoners as the scapegoats. I met with one of the four soldiers in Cincinnati at my hotel. He had been excused from drill and drove up from Lexington KY out to my hotel farAhe interview. Young, 9ood family support, farm kid, good job as a civilian. Not suicidal, optimistic about his chances. This soldier was frightened to go back to the unit to, face the blame of the others - seems like a lot of rumors have got to him and he has heard that he was designated the main guy of the ones left in the unit. He was angry and upset, felt betrayed by his friends and fearful to face them. I did a little self-hypnosis exercise with him so he could go back to the unit and face his fears - which are pretty unfounded according to the Commander. The soldier at Atterbury is in a new unit and feels he is off thet hook. I did not meet the other two soldiers but saw civilian psychiatric reports. Those two soldiers are under psychiatric care and are not drilling. One is stationed in Bloomington IN and could not be reached. The other is from Cincinnati area and I have given instructions to Personnel NCO how to set these soldiers up for MMRB's and a fitness for duty exam at Fort Knox throw h military channels. From: I COL (88SJA) Sent: Friday, March 12, 2004 1:06 PM To: Beasle Michael W BG (88 CMDGRP CG) Cc: TC (88 SJA) Subject: RE: MP vestigation update CG, The FORSCOM SJA, COL is sending a MAJ a high-speed trial counsel, out to Belvoir next week or about one to two wee s to make a detailed assessment of case. FORSCOM has not yet assumed GCMA but is gathering information to make a decision. Since FORSCOM is currently taking the lead, I'm standing fast on Judge Advocate Page 106 023457 #1. txt support until I hear from MAJ Sincerely, Original Message From: Beasley, Michael W BG (88 CMDGRP CG) To:111ERMIMMI. COL (88SJA) Sent: 3/11/04 3:32 PM Subject: RE: MP Investigation Update OK; thanks. CG Ori inal Messa e From. COL (88SJA) Sent: urs ay, marc 11, 2004 2:28 PM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation Update CG, I don't think so. Yesterday, I sent the SJA a copy of slides on our unit's investigation and discussed the slides with him for about 30 min. If the SJA asks for more information, I'll get it to him. Sincerely, lila Original Message From: Beasle Michael W BG (88 CMDGRP CG) To: COL (88SJA) Sent. Subject: RE: MP Investigation Update Thanks. Does the USARC SJA need anything from us to enable him to relate an updated status on our unit' investigation, which he could communicate to LTG Helmly at the same time as the Abu Ghraib briefing? If so, go ahead and give him anything we've got. CG Ori inal Messa e From: COL (88SJA) Sent: Thursday, Marc 11, 2004 9:14 AM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation Update CG, LTG Helmly's briefing tomorrow is not on our unit but in response to a 15-6 on a MP unit at the Abu Ghraib Detention Facility in Iraq. The SJA is providing talking points to LTG Helmly that will stress his effort is to prevent the reoccurrence of detainee mistreatment in the future, and his SJA will handle the past investigations. As you instructed, I'll offer the USARC SJA 88th JAG support to assist with the CID investigation. Before sending any names forward, I'll make Page 107 023458 DOD-049027 #1.txt sure the JAG's are experienced and the funding issues are resolved. I'll request your approval before executing. sincerely, . Original Message. From: Beas. Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sent: 3/10/04 7:08 P Subject: RE: MP Investigation Update Thank you. That's a very useful report. Did you find out if LTG Helmly's briefing was actually on our unit, or was there another matter that Theater was reporting to him? GCMA Jurisdiction: Good answer; that's the right processing. MP Training: Another good answer; I'll handle it with BG Payne. Depending on his response, I may take unilateral action. If so, I'll probably talk with MG Wilson first. SJA Support to the Investigation: we probably have the most SJA personnel available, and the most direct role in seeing that the cases are handled properly. Go ahead and make the offer. I'm sure that we have some experienced JA personnel who may desire to get involved in such a critical and complex case. Not a case to cut someone's teeth on, however, so make sure of the experience factor. Discuss funding more before processing this, since the commander assuming GCMA may want his own SJA involved. CG .essa•e. Ori. From:.COL (88SJA) Sent: Wednesday, Marc 10, 2004 2:32 PM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: RE: MP Investigation Update CG, Just got off the phone with the USARC SJA, COL/piI reviewed the CID slides with COL 1111111/ and several members o t e OSJA. GCMA Jurisdiction. The USARC SJA has forwarded the issued to FORSCOM SJA, COLIN.. for a decision. COL Allogrwanted more information before he makes a recommendation to GEN E lis, so he sent a JAG to Belvoir for the same briefing that I received. COL millirbelieves there may be a GCMA decision as early as next week, but it could be later. I'm delighted that the issue has been forwarded to FORSCOM, and FORSCOM has sent-a JAG to receive a CID briefing. I don't think there's anything more we can do on GCMA jurisdiction for now. , said that on Friday there would be a classified teleconference on t e issue involving LTG Helmly, SJA, IG & PAO. There is no legal issue with you becoming involved with MP training, and COL. MP Training. The USARC SJA, COL. mentioned that it's particularly appropriate for you to assess MP tiling in the 88th, which I believe you are. about CID's need for legal ge 108 Legal support. when I informed COL. 0 3459 #1.txt support to synthesize statements, he suggested that I look within the 88th to see if a couple JA soldiers and maybe an officer would like to volunteer for a temporary active duty tour for about 2-6 months. Normally the 88th would pay for these tours, but COL. said we could also request funds from USARC G8. In warning order 11 ,11I'll look for soldiers who would be willing to volunteer for temporary active duty tours (Belvoir isn't a hardship post), but I won't take any action until you tell me to pull the trigger. Sincerely, COLAIIIIIIIIIIIII, . Original Message. From: easley, Michael W BG (88 CMDGRP CG) To:.COL (88SJA) Sent.--.. Subject: RE: MP Investigation Update OK, thanks for the note. Keep in mind that LTG Helmly appears firmly in control of the situation. He is relying greatly on the USARC SJA for advice and consultation, which is good. The only ambiguity is whether the recent briefing he got from the Theater is the same case(s) as our soldiers have pending. Please raise both the jurisdictional issues, and the need to look closely at the G-7 report on the training of MPs. Between the two of us, I haven't been impressed by the USARC's G-7 ability to view the broadest spectrum; he'll probably be overwhelmed by LTG Helmly's directive. Finally, I am offering to help in any way possible on our cases. It's the USARC CG's call, of course. CG Ori final Message From:.COL (88SJA) Sent:., Marc 09, 2004 4:55 PM To: Beasley, Michael W BG (88 CMDGRP CG);.LTC (88 SJA) Subject: RE: MP Investigation Update . General, I briefly spoke with COLIIIIII, USARC SJA, today, and I'm on his calendar tomorrow for a etailed discussion tomorrow. I'll have an update for you tomorrow. COL . Original Message. From: B..chael W BG (88 CMDGRP CG) To:.COL (88SJA):11.1111111111111,LTC (88 SJA) Sent: 3/9/04 :. AM Subject: RE: MP Investigation Update OK CG Original Message Page 109 023460 #1.txt From:.COL (88SJA) Sent: Monday, Marc. , 2004 10:39 AM To: Beasley, Michael W BG (88 CMDGRP CG);.LTC (88 SJA) Subject: RE: MP Investigation Update CG, I've contacted USARC OSJA, and I'm awaiting a return call by the SJA, COL.I'll provide an update once I coordinate with COL . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) To: ImmiimmilipOrCOL (88s3A);4111111111111,11,LTC (88 SJA) Sent. Subject: FW: MP Investigation Update Folks, This is the update. Read it; note the progress; keep close hold; do not distribute further. Communicate anything you see or hear with me first. Keep in close contact with USARC 53A, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. CG . original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: monday, March 08, 2004 9:29 AM To:. Helmly, James LTG (OCAR-ZX); Wilson, Charles MG (USARC CMDGRP); COL USARC IG c:. Ke e James A BG USARC CMDGRP;IIIIIIIIIIIIIII, COL USARC SJA; COL (OCAR-ZX) jec :.E: MP Investigation update sir, Received and understood. Thank you. BG Mike Beasley . original Message. From: Helmly, James LTG (OCARZX) - sent: Monday, March 08, 2004 6:35 AM To:.Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC Beasle. CMDGRP);.COL USARC IG Cc:.USARC CMDGRP;411111111111111, COL USARC SJA; Ke e , James. COL (OCAR-ZX) c :.E: MP Investigation Update 1 received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15-6. After legal sufficiency of his investigation is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a state of completion and decision making we will resolve the Page 110 023461 #1.txt jurisdictional issues. The important thing is that justice be served so we will depend upon our SJA for the right counsel to help guide us through this. Chief of Staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, March 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly, 3ames LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation Update Memo for MG Wilson: Sir, I have just received a briefing from our senior SJA personnel who visited CID Command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The xVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As I understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP Company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have special Courts Martial responsibility and the CG, USARC, has GCM responsibility. obviously, i am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be handled. Disturbing factual information was gathered from this review, however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither XVIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. Page 111 023462 0,9)- ) ccol1/4-6 #1.txt 3) whether any remedial/interim action is necessary. I will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, refleet a strong need for a "stand down" day for re-training our MPs on Genev4; Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. I personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPs. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. We also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC From:411111111111.(88 surgeon) Sent:.Fri ay, Marc ,. 04 11:39 AM To:.le Michael W BG (88 CMDGRP CG Cc:.(88 SJA);.(88 Surgeon) Subject:.377 MP CO This is a brief summary of my few days with the 377 MP Co located in Bloomington, IN and Cincinnati, OH. Unit commander, CPT is a good steady leader. Unit was very busy preparing for a probable deployliell-Wmay. Met with one soldier in question at Cincinnati location and one who is reassignied at Camp Atterbury, IN. Conducted a stress and suicide briefing for whole unit in Cincinnati (43 people present.) The commander told me there were actually 17 soldiers implicated, some were at this drill and got the briefing. Being MPs they were toughing it out, denying feelings is par for MPs, I'm told. Their general feeling was that CID had given the impression that they were, how can I say it, "off the hook" more or less. Morale seemed pretty good overall, lots of new troops who have never deployed are drilling with this unit now.. It appears that the unit members have focused on the last-four MP's who were with the prisoners as the scapegoats. I met with one of the four soldiers in Cincinnati at my hotel. He had been excused from drill and drove up from Lexington KY out to my hotel for the interview. Young, good family support, farm kid, good job as a civilian. Not suicidal, optimistic about his chances.. This soldier was frightened to go back to the unit to face the blame of the others - seems like a lot of rumors have got to him and he has heard that he was designated the main guy of the ones left in the unit. He was angry and upset, felt betrayed by his friends and fearful to face them. I did a little self-hypnosis exercise with him so he could go back to the unit and face his Page 112 023463 #1.txt fears - which are pretty unfounded according to the Commander. The soldier at Atterbury is in a new unit and feels he is off thet hook. I did not meet the other two soldiers but saw civilian psychiatric reports. Those two soldiers are under psychiatric care and are not drilling. one is stationed in Bloomington IN and could not be reached. The other is from Cincinnati area and I have given instructions to Personnel NCO how to set these soldiers up for MMRB's and a fitness for duty exam at Fort Knox throw h military channels From: Sent:.March 12,.-- Frida.10:07 AM. To: usarc-emh2.army.mil'; 41111111111110Nusarc-emh2.army.mill Cc: us.army.mil' Subject:.Inves igation 4111111111iPAND 1111111111111, I have been in contact with COL D and he would like me to check into getting 3 0ood. listed soldiers to help out on the investigation at Ft. Belvoir..is out there today taking a board and I was told she may I know Wo have some time. Cowl of you check with her, tell her the functions she would be doing, time (2 to 6 months, according to COL", and that the CG has authorized funding to support the mission. She would be a good support person. Also, can i 1 114 arrangements be made for her to get into the Reserve Center this weekend to continue summarizing her boards, as she is on orders thru Weds, i believe. From: COL (88SJA) Sent: Thurs a , 411111111,11,1, 2004 9:58 AM To: (88SJA); Subject: TC '(8 S3A); RE: INVESTIGATION (885JA);11111.11111111.00 us.army.ml COL SGM, The CG has given the OK for us line up soldiers to support Fort Belvoir, so please proceed. COL 41111111111, . Original Message. From: To: .usarc-emh2.army.mil ; us.army.mil ;. usarc-emh2.army.mil ;.@us.army.mil 4 8:28 PM Subject: Fwd: INVESTIGATION «INVESTIGAT From: Sent:.March 10, 2004 7:28 PM We nesda. To: us.army.mil ; usarc-emh2.army.mil ; usarc-em 2.army.mil ; @us.army.mil Su jest:.Fwd: INVESTIGATION From: 1110111111111111 COL (88SJA) Sent:. Tuesday, march 09, 2004 4:55 PM To:.LTC (88 53A) Beasley, Michael W BG (88 CMDGRP CG);. Subject:.RE: MP Investigation update General, Page 113 . (6)CG) 1 #1.txt I briefly spoke with COL Minor, USARC SJA, today, and I'm on his calendar tomorrow for a detailed discussion tomorrow. I'll have an update for you tomorrow. COL . Original Message. From: Beasle. Michael W BG (88 CMDGRP CG) To:.COL (88SJA); 4111111111.011111111.LTC (88 SJA) Sent: 3/9/04 10:33 AM Subject: RE: MP Investigation Update OK CG . Original Message. From .COL (88SJA) Sent: on ay, Marc. , 2004 10:39 AM To: Beasley, Michael W BG (88 CMDGRP.(88 SJA) Subject: RE: MP Investigation Update CG, I've contacted USARC OSJA, and I'm awaiting a return call by the SJA, COL.I'll provide an update once I coordinate with COL COL . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) To: 11111111111111111111.COL (88SJA);41.....LTC (88 SJA) Sent:: 3/8 4 10:31. M Subject: FW: MP Investigation Update Folks, This is the update. Read it; note the progress; keep close hold; do not distribute further. Communicate anything you see or hear with me first. Keep in close contact with USARC SJA, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. CG . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Monday, March 08, 2004 9:29 AM To:. Helmly, James LTG (OCAR-ZX); Wilson, Charles MG (USARC CMDGRP); 411.111.11111=111111111/COL USARC IG Cc:.COL USARC SJA; Kelley, James A BG USARC CMDGRP;. COL (OCAR-ZX) .MP Investigation Update Received and understood. Thank you. BG Mike Beasley Page 114 023465 #1.txt . Original Message. From: Helmly, James LTG (OCAR-ZX) Sent: Monday, March 08, 2004 6:35 AM To:. Beasle Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC CMDGRP);.COL USARC IG Cc:.COL USARC SJA; Kel e James A BG USARC CMDGRP;. OL (OCAR-ZX) Subject:.RE: MP Investigation update.— 1 received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15-6. After legal sufficiency of his investigation is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a state of completion and decision making we will resolve the jurisdictional issues. The important thing is that justice be served so we will depend upon our SJA for the right counsel to help guide us through this. Chief of Staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, march 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly,ames LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation Update Memo for MG Wilson: Sir, have just received a briefing from our senior SJA personnel who visited CID command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The XVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As I understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP Company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. Obviously, I am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be handled. Disturbing factual information was gathered from this review, Page 115 023466 #1.txt however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needS = to be put into significant order, and supplemented, before being referned for any criminal action. If the report is finalized now, according: to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither xvIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. I will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, reflect a strong need for a "stand down' day for re-training our MPs on Geneva Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. i personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPs. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to, your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. We also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Tuesda Marc 09, 2004 9:34 AM To:.COL (88SJA)1111111111111111111111.LTC (88 SJA) Subject:.RE: MP Investigation Up ate OK CG Original Message Page 116 023467 Gla co(ce) #1.txt From: 111,11,11111COL (88SJA) -, 2004 10:39 AM Sent: Mon ay, arc. To: Beasley, Michael W BG (88 CMDGRP CG);DLTC (88 SJA) Subject: RE: MP Investigation Update CG, I've contacted USARC OSJA, and I'm awaiting a return call b the SJA COL mow , Amp I'll provide an update once I coordinate with COL COL Illannallanlip . Original Message. From: Beasle , Michael W BG (88 CMDGRP CG To:.(88SJA);.TC (88 SJA) sent:.: subject: FW: MP Investigation Update Folks, This is the update. Read it; note the progress; keep close hold; do not distribute further. Communicate anything you see or hear with me first. Keep in close contact with USARC SJA, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. CG . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Monday, March 08, 2004 9:29 AM To:. Helmly, James LTG (0cAR-ZX); Wilson, Charles MG (USARC CMDGRP); LAUXTJJRC IG firill9M111M CMDGRP;41111111111111MOCOL USARC SJA; COL (OCAR-ZX) Su j.RE: MP Investigation Update .. sir, Received and understood. Thank you. BG Mike Beasley . Original Message. From: Helmly, James LTG (OCARZX) - Sent: Monday, March 08, 2004 6:35 AM To:. Beasley, Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC CMDGRP);.COL USARC IG Cc:. Ke ley, James A BG USARC CMDGRP; aratialair.COL USARC SJA; COL (0CAR-zx) subject:.RE: MP Investigation Update 1 received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15-6. After legal sufficiency of his investigation is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a state of completion and decision making we will resolve the jurisdictional issues. The important thing is that justice be served so Page 117 #1.txt we will depend upon our SJA for the right counsel to help guide us through this. Chief of staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land _ warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly- . Original Message----- .Beasley, Michael W BG (88 CMDGRP CG) From:. Sent:. Sunday, March 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly, James LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation update Memo for MG Wilson: Sir, I have just received a briefing from our senior SJA personnel who visited CID Command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The xvIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Apparently, neither xvIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. Obviously, I am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be handled. Disturbing factual information was gathered from this review, however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither XVIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, reflect a strong need for a "stand down" day for re-training our MPs on Geneva Page 118 023463 #1.txt Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. I personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPS. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. We also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC From: CW301111111111belvoir.army.mil ] Sent: 2004 :32 PM To: C (88 SJA)' Subject: RE: Most Recent CID Reports on Bagram Deaths Ma'am, I apologize the SIPR piece slipped my mind. I just sent two attachments to you, this morning (8 Mar). One contains the 15-6 report. The other contains the signed review documents which accompany it. Please confirm receipt of those documents when you have a chance. 11111111V CW3, MP HQ, USACIDC 64) Wk 703.wk Fax 703. . DSN Pre ix: 656 miprbe-7veol r . army. mil From:11111,1011111101,LTC (88 SJA) [mailto:4111111111111Pus.army.mil] Sentiailly„Laxgary 27, 2004 12:55 PM CW3 (54) — Subject: RE: Most Recent CID Reports on Bagram Deaths Thanks. Do you happen to have a number for this fellow I just got my SIPRnet account set up. Its: Thanks for letting me know about that. I don't normall ve a need for ETasSi ie information. Page 119 023470 #1.txt to -O' „oxiti 11/111111111.1!-JA epu y 88th RRC 506 Roeder circle Ft. Snelli MN 55102 Tel: 612 Fax: 612 From: CW3 [Mailt0:11,111111PbelVOir.arMy.Mil]0)(0- Sent: Frida February 27, 2004 11:0 TO: LTC (88 SJA)' Subject: RE: Most Recent CID Reports on Bagram Deaths Ma'am, Our point in contact is Mr , Deputy Director, Indiana Law Enforcement Academy, Plainview, IN. We wrote him a letter on agency letterhead and asked that he send a copy of the Pressure Point Control Techniques (PPCT) manual to use for review. You may be able to get this from your reserve units who are teaching the PPCT techniques at Fort Dix, NJ and Camp Atterbury, IN more quickly. 1111111111 TMP HQ, USACIDC - cb)Q.,) ¦ 703. Wk 703. FaX DSN prefix: 656 cell fillirbelvoir.army.mic) Ori 'nal Message From: LTC (88 SJA) [mailto: us.army.mil ] Sent: We nisda , February 25, 2904 5:54 PM To: CW3 (­ 4.;&) -/ cc: COL (88SJA); 10111111111111pUT (88 SJA) Subject: RE: MOSt Recent CID Reports on Bagram Deaths (64) Agent 11111111 Thanks very much for your time and hospitality. I feel it was well worthwhile. You might have read between the nes that I got a bit of a fright this morning when saw a Jan 04 ETS date for but tbAt 's been corrected to Jan 05. C CO Thanks for the slides and reports. I've inquired about a SIPRnet account. G2 will set me up with one tomorrow and then I'll send you the address so that I can review the 15-6. Can you give me the name/ # of the Indiana folks who provided the training manuals on compliance blows and the like. Again, thanks much. 4111111111111, LTC,. JA, DePUty SJA 88th RRC 506 Roeder Circle Page 120 r e"/1 7 1 i #1.txt Ft. snellin. MN 55102 Tel: 612- Fax: 612- ON-I .. Original messa e From:.CW3 [mailto: belvoir.army.mil] sent: Tuesda , Fe ruary 24, 2004 5:5,01111W To:.us.army.mil' Cc:.@us.army.mil' Subject: Most Recent CID Reports on Bagram Deaths Sir and Ma'am As discussed attached please find two CID reports and the PPT we used for this week's talks. more will follow as it becomes available for release. Thank you for taking the time to listen to the case briefing. If we can be of further assistance, please do not hesitate to ask. Please confirm receipt of this message and the file attachments via email. v/r, VMS 111.,M11111.1 HQ, USACIDC 7031R11 wk 703..Fax DSN re ix: 656 cell 1111111111Irelvoir.army.mil From:.COL (88SJA) Sent:. Monday, March 08, 2004 10:39 AM To:. Beasley, Michael W BG (88 CMDGRP CG);.TC (88 SJA) Subject:.RE: MP Investigation Update CG, I've contacted USARC OSJA, and I'm awaiting a return call. the SJA, COL Alimp 1 1111111 I'll provide an update once I coordinate with COL COL . Original Message. Fromi_j3easleyMichael W BG (88 CMDGRP To: 1.1¦1111111.1•1111111 COL (88SJA);.LTC (88 SJA) Sent: 3/8/04 10:31 AM subject: FW: MP Investigation update Folks, This is the update. Read it; note the progress; keep close hold; do not distribute further. Communicate anything you see or hear with me first. Keep in close contact with USARC SJA, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. Page 121 347 2 DOD-049041 #1.txt CG Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Monday, March 08, 2004 9:29 AM To:. . Helmly, James LTG (OCAR-ZX); Wilson, Charles MG (USARC CMDGRP); COL USARC IG , ames A BG USARC CMDGRP;111.11111111111111.COL USARC SJA; Burbach, Michael COL (OCAR-ZX) Subject:.RE: MP Investigation Update Sir, Received and understood. Thank you. BG Mike Beasley Original Message. From: Helmly, James LTG (OCAR-ZX) Sent: Monday March 08, 2004 6:35 AM To:., . Beasley, Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC CMDGRP); simomm¦imp COL USARC IG Cc:. Kelley, James A BG USARC CMDGRP; 411111111111111PCOL USARC SJA; COL (OCAR-ZX) 11111.111111111111TE: MP Investigation Update 1 received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15 6. After legal sufficiency of his investigation - is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a state of completion and decision making we will resolve the jurisdictional issues. The important thing is that justice be served so we will depend upon our SJA for the right counsel to help guide us through this. Chief of staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly original Message. From:. . Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, march 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly, James LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation update memo for MG Wilson: Sir, I have just received a briefing from our senior SJA personnel who visited CID command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The XVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As I understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Page 122 0234 #1.txt Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP Company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. Obviously, I am not going to get involved in any i jurisdictional issue until clear guidance is forthcoming—{from DA/FORSCOM/USARC?) as to how the case(s) will be handled. Disturbing factual information was gathered from this review, however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC sJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither XVIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, reflect a strong need for a "stand down" day for re-training our MPs on Geneva Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. i personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPs. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the uSARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. We also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC Beasley, Michael W BG (88 CMDGRP CG) Page 123 From:. 023474 #1.txt ' Sent:. Monday, March 08, 2004 9:32 AM To:. 411111.1111111011.cOL (88SJA);1111111111111,LTC (88 SJA) Subject:.FW: MP Investigation Up ate Folks, This is the update. Read it; note the progress; keep close-hold; do not distribute further. Communicate anything you see or hear with me fir­ st. Keep in close contact with USARC SJA, who clearly will be in the drivers' seat for the USAR responses and options. Thanks again. Great staff work. CG . Original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Monday, March 08, 2004 9:29 AM To:. Helmly, James LTG (OCAR-ZX); Wilson, Charles MG (USARC CMDGRP);41111111.11, COL USARC IG c`.COL USARC SJA;MNifil Kelley, James A BG USARC CMDGRP;. COL (OCAR-zx) Subject:.RE: MP Investigation Update Sir, Received and understood. Thank you. BG Mike Beasley . Original Message. From:. Helmly, James LTG (OCAR-zX) Sent:. Monday, March 08, 2004 6:35 AM To:. Beasley, Michael W BG (88 CMDGRP CG); Wilson, Charles MG (USARC CMDGRP); 4111111111MOOMMOMMMICOL USARC IG C. Kelley, James A BG USARC CMDGRP; firirallEWCOL USARC SJA;11111111111111W COL (OCAR-ZX) Subject:.RE: MP Investigation Update I received a telephonic de brief by the DCG, CFLCC who as just completed a formal 15-6. After legal sufficiency of his investigation is complete he will de brief several of us in person or by VTC (TBD). I'm not clear whether his investigation includes the cases you are referring to but I would ask our SJA to determine the degree to which there is some overlap of investigations. Further, as these reach a state of completion and decision making we will resolve the jurisdictional issues. The important thing is that justice be served so we will depend upon our SJA for the right counsel to help guide us through this. chief of Staff, without referring to these cases please ask the G7 to look at the training these MP units have received. I'm also asking the IG to bring me a plan to conduct, over the next year or so, a special review of training for USAR units on the law of land warfare, detainee treatment requirements, ethics, and leadership. IG please shape this and see me with game plan. Thank you, ron helmly . -original Message. From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Sunday, March 07, 2004 22:14 To:. Wilson, Charles MG (USARC CMDGRP) Cc:. Helmly, James LTG (OCAR-ZX); Kelley, James A BG USARC CMDGRP Subject:.MP Investigation Update Memo for MG Wilson: Sir, Page 124 023475 #1.txt I have just received a briefing from our senior SJA personnel who visited CID Command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The XVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. As I understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the usAR/88th RRC unit most involved, our 377th MP Company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. Obviously, I am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be handled. Disturbing factual information was gathered from this review, however, and have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to issuing their report. The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level SJA and a lieutenant colonel who is an experienced prosecutor) think that neither xvIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing . " Army MP mistreatment of detainees, reflect a strong need for a "stand down" day for re-training our MPs on Geneva Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. I personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPS. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our SJA) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. we also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC Page 125. 023476 #1.txt. ((4)( Beasley, Michael W BG (88 CMDGRP CG) Sent:. From:. Sunday, March 07, 2004 9:24 PM To:.(88SJA); (88 SJA) aillimmilmillileCOL IIIIIIIIIIIIIIIFLTC Subject:.FW: MP Investigation Up a e FYI; an early response from the USARC DCG. CG . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Sunday, March 07, 2004 9:23 PM To: Wilson, Charles MG (USARC CMDGRP) Subject: RE: MP Investigation update Got it; thanks. Mike . Original Message. From: Wilson, Charles MG (USARC CMDGRP) Sent: Sunday, March 07, 2004 9:14 PM To: Beasley, Michael W BG (88 CMDGRP CG) Subject: Re: MP Investigation update Mike, message rec'd. LTG Helmly informed me that this was coming down the pike. i can't address this until I talk to our SJA staff. Standby more to follow. MG CEW sent from my BlackBerry wireless Handheld (www.BlackBerry.net) . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Michael.Beasleyl@us.army.mil To: Wilson, Charles MG (USARC CMDGRP) chuck.wilsonl@us.army.mil CC: Helmly, James LTG (OCAR-ZX) James.Helmly@us.army.mil ; Kelley, James A BG USARC CMDGRP james.a.kelley@us.army.mil Sent: Sun Mar 07 22:13:48 2004 Subject: MP Investigation Update Memo for MG Wilson: Sir, I have just received a briefing from our senior SJA personnel who visited CID Command last week and reviewed in detail the investigation evidence addressing the Bagram Detainee deaths which occurred in December 2002. The XVIII ABN Corps SJA also attended this extensive review, one of the first to occur outside of CID channels. Information also was provided to our SJA on prospective criminal charges. AS I understand it, both DOD and DA have been briefed, but not to the extent of this more recent review of documents. Apparently, neither XVIII Corps (Theater GCM authority) nor Ft. Knox (the General Courts Martial territorial convening authority for the USAR/88th RRC unit most involved, our 377th MP Company) have made any move to assume jurisdiction over these cases. That is relevant because, as of now, apparently I continue to have Special Courts Martial responsibility and the CG, USARC, has GCM responsibility. j Obviously, I am not going to get involved in any jurisdictional issue until clear guidance is forthcoming (from DA/FORSCOM/USARC?) as to how the case(s) will be Page 126 023477 #1.txt handled. Disturbing factual information was gathered from this review, however, and I have copies of the CID briefing on the subject. we are forwarding these briefing slides to USARC SJA. The three primary issues which need resolution are: 1) The need for CID to do some more work prior to-issuing their report.. i The lawyers say that the investigation needs to be put into significant order, and supplemented, before being referred for any criminal action. If the report is finalized now, according to the attorneys, prosecution will be extremely difficult. 2) The jurisdiction (almost certainly GCM) needs to be established for moving towards any prospective disciplinary action. The 88th RRC lawyers (our colonel level S3A and a lieutenant colonel who is an experienced prosecutor) think that neither XVIII Corps nor Ft. Knox wants these cases ... too much expense, and too much publicity. 3) whether any remedial/interim action is necessary. I will focus on the final point. My observations of the results to date of this current investigation, and my reading about other investigations addressing Army MP mistreatment of detainees, reflect a strong need for a "stand down" day for re-training our MPs on Geneva Convention Human Rights standards, and the use of force in detainee operations. The requirement for such training is apparent from the acknowledged conduct of our soldiers. The training should be administered, or at least overseen, by SJA subject-matter experts. I personally believe that such training such be directed internally within the USAR, before the news of this most recent incident is publicly released. If not applicable for the entire force, then such training at least should be conducted for 88th RRC MPs. Prior to directing anything along these lines, and because of the extraordinary sensitivities involved, I wanted to run this training issue by you for review and comment. You also might have useful information regarding how other USAR senior commands have handled similar issues raised over the past year. Subject to your availability and recommendations by the USARC SJA, I would be available to visit any of you (with our S3A) to brief what we have found out to date on the 377th MP Company case, and to discuss in more detail the jurisdictional and training issues currently pending. We also could provide direct information to FORSCOM or FUSA, if you think that is appropriate. Best regards, BG Mike Beasley, CG, 88th RRC From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Frida , March 05 2004 5:41 PM To:. JA) Subject.. SJA Issues This is more important than anything else I've got for Saturday morning; squeeze me in sometime after 9 a.m. CG .'i-nt. Ori•ina A. From:.LTC (88 SJA) Sent: •, 'arc 05, 2004 3:40 PM To:. Beasley. Michael W BG (88 CMDGRP CG Cc: . COL.8S3A);.CPT (88 SJA) Subject. R . Page 127 023473 pccarfax,491- #1.txt . When: Sunday, March 07, 2004 2:30 PM-3:00 PM (GMT-06:00) Central Time (US & Canada). Where: Sir - I've requested this t n the event that you wish to have a briefing on the 377th MPs. unfortunately could not give us an earlier timeframe and I will be on wa to Charlottesvil e or a week long legal course. COL.and CPT will be available. V/R, LT From: cw3 [4111111111110belvoir.army.mil ] Sent:.Februar 27, 2004 1ITO-1,AM Frida To: LTC (88 SJA)' Subject: RE: Most Recent CID Reports on Bagram Deaths Ma'am, (0) -13 Our point in contact is Mr.Deputy Director, Indiana Law Enforcement Academy, Plainview, IN.. e wrote him a letter on agency letterhead and asked that he send a copy of the Pressure Point control Techniques (PPCT) Manual to use for review. You may be able to get this from your reserve units who are teaching the PPCT techniques at Fort Dix, NJ and Camp Atterbury, IN more quickly. 1111111r IMMORNP CW3, MP HQ, USACIDC 703. wk 703. Fax DSN 656 Cell belvoir.army.mil From: LTC (88 SJA) [mailto: 4111111111111,bus.army.mil ] Sent: Wednesd. February 25 2004 5:54 PM To: CW3 (39)-/ Cc:.COL 8 SJA); (88 SJA) Subject: RE: Most Recent CID Reports on Bagram Deat s (0)-1 Agent.Thanks very much for your time and hospitality. I feel it was well worthwhile. You might have read between the lines that i got a bit of a fright this morning when I saw a Jan 04 ETS date for (1110Wbut that's been corrected to Jan 05. Thanks for the slides and reports. I've inquired about a SIPRnet account. G2 will set me up with one tomorrow and then I'll send you the address so that I can review the 15-6. can you give me the name/ # of the Indiana folks who provided the training manuals on compliance blows and the like. -. Again, thanks much. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel . 612 Fax: 612- Page 128 023479 (0)4 #1.txt Original Messa From: CW3 [mailtor111111110belvoir.army.mil ] Sent: Tuesday, February 24, 2004 5:5 PM To: '.us.army.mil' Cc:.us.army.mil' Subject: Most Recent CID Reports on Bagram Deaths Sir and Ma'am As discussed attached please find two CID reports and the PPT we used for this week's talks. More will follow as it becomes available for release. Thank you for taking the time to listen to the case briefing. If we can be of further assistance, please do not hesitate to ask. Please confirm receipt of this message and the file attachments via email. y/r, OL) CW3, MP HQ, USACIDC . 703.Fax 656 Cell belvoir.army.mil 703 wk From: 11111.111111111, LTC (88 SJA) Sent:.February 25, 2004 1:34 P Wednesda.11 To:. U Mr (88RRC, 300MP)0-/ Cc: Beas ey, Mic ael W BG 88 CMDGRP CG); Payne, James E BG (88RRC, 300MP)* IIIII 88RRC 785MP.LTC (88RRC, 785MP); 4111111111.111116m MAJ.COL (88SJA); (88 SJA); SJA);. . SelliKb6) =/ cW3';.LTC (USARC SJA) MU. RE: 3771 ETS ates mor(bV4 -/ Mr..thank you for getting this information to us. I sp ke to SF.at the 377th MP Co this morning to verify the ETS date on SPC.w is as listed below as Jan 04. That was a typo. SPC 11111111p64)-S- ETS is 4 Jan 05, not Jan 04. SFC 11111111 also provided me with clarifications on the following personnel who have release dates from TPU service prior to their actual ETS (statutory obligation): SPC.TPU expires 5 Jan 06; ETS 5 Jan 08 SPC.TPU expires 24 Aug 06; ETS 24 Aug 08 SPC.TPU expires 1 Aug 07 ETS 1 Aug 09 Further, one soldier we thought was flagged, SPC11111111,was released from the unit and transferred to the IRR in the fall, upon completion of a 6x2 contract (i.e., 6 years in a drilling unit; now performing 2 years in IRR for his 8 year statutory completion). I'm waiting for a copy of his release order. SFC MENverified the other soldiers' ETS dates as they are listed below. Page 129 0234,30 DOD-049049 #1.txt V/R, LTC Mat LTC, JA, Deputy SJA 88th RRC 00)(.(9) 1-- 506 Roeder Circle Ft. Snelling, MN 55102 Tel: 612- Fax: 612- . Ori final Messa e. From:.MAJ (88 SJA) Sent: ,. ruary 25, 2004 9:12 AM To:.COL (88SJA) Cc:.LTC (88 SJA) Subject:.7th ETS dates Sir, Attached are the individual ETS dates as requested. MAJ Assi.f Judge Advocate 88th Regional Readiness command, SJA E-mail:.@ .army.mil Phone: 1. DSN: 783. Fax: 612. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipients(s) and may contain Sensitive but Unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. . Ori inal Message. ihi6) -I From:.Mr (88RRC, 300MP) ,_.-- Sent:. e nes a , Fe ruary 25, 2004 6:21 AM To:.MAJ (88 SJA) Cc:.G Beas e , Mic ael W BG (88 CMDGRP CG); Pa ne, James E B (88RRC, 300MP); LTC (88RRC, 785MP);.Ms (88RRC , 300MP) 0A —/ u ject:.FW: 377th ETS dates MAJ JEW Forwarded as requested. SSA, 300th Military Police Brigade Telephone: (313) Facsimile: 313) Email: usarc-emh2.army.mil AKO Email:.us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Page 130 023431 DOD-049050 #1.txt .Oriinal Message .es From: 01111,11111,111111, (88RRC, 785MP) Sent:. Tues ay, Fe ruary 24, 2004 2:11 PM To:.(88RRC, 300MP) Li Subject?.1111111.1111/ ETS dates Here is information you requested. 4111111111, SSA, 785th MP Bn . Original Messa From: SFC (88RRC, 377MP).,•) (0\(,(1 Sent: ruary 4, 2004 1:51 PM To: Mr (88RRC, 785MP) Subject: RE: 3 77th ETS dates sir The following are the names of the flagged soldiers and their ETS dates: SGT 22 AUG 2004 SPC 06 JAN 2004 SGT 05 JAN 2008 SPC 09 AUG 2007 SSG 08 JUN 2006 SGT 14 JUN 2008 SGT 13 JAN 2008 SSG 07 DEC 2004 SPC 27 AUG 2007 SGT 05 MAR 2005 SPC 24 AUG 2008 SPC 01 AUG 2009 SSG 15 MAY 2004 SGT 10 MAY 2008 SPC 14 JUN 2008 . Original Message. From:. 1111.1111111111111M1111111114r (88RRC, 785MP) Sent:. Tuesday, February 24, 2004 12:46 PM To:.SFC (88RRC, 377MP) Subject:.FW: 377th ETS dates . original Message. From: Mr (88RRC, 300MP)Cb)(°\ Sent:.February 24, 2004 12:37 PM Tuesda. To: Mr (88RRC, 785MP); sommum11111111110w (. o (88RRC, 785MP) OW Cc:.Beasley, Michael W BG (88 CMDGRP CG Pa ne James E BG (88RRC 300mP); 2- 4111111111.1111111111111110LTC (88RRC, 785MP); .Ms (88RRC, 300MP) Subject:.FW: 377th ETS dates Mr. op/ MA) alomp Reference below email and previous traffic identifying person's of interest and directed flagging actions. Provide a by-name ETS roster back to me. I will forward back to the 88th RRC. Page 131 t.).4 S_ 2 #1.txt SSA, 300th Militar Brigade WO 1 Telephone: (313) Facsimile: (313) Email: usarc-emh2.army.mi1 AKO Email: us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachmenrES, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 0,0 1-- . Ori inal Message. From: MA) (88 SJA) Sent:.Tues ay, e uary 24, 204 12:33 PmO . ,/t‘ To:.mr (88RRC 3 300mP). I D subject:D7th dates Mr COL.has asked me to get the ETS dates for all of the flagged members of the 377th. If o 'ble he would like to get this information today as the issue is rather urgent. Thanks for your help.. (6)(0 MAJ Ass!!!!!!!"arJudge Advocate 88th Regional Readiness Command, SJA E-mail:.us.arm .mil Phone: 1. DSN: 783. Fax: 612. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipients(s) and may contain Sensitive but Unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: 1111111111MIMINMAJ (88 SJA) Sent:.Feb uary 25, 2004 9:12 AM Wednesda. To:.COL (88SJA) Cc:.LTC (88 SJA) Subject:.FW: 377th ETS dates Sir, Attached are the individual ETS dates as requested. MAJ Assil!!!!!!!!!!Judge Advocate 88th Regional Readiness Command, SJA Email:.@us.arm .mil - Phone: 1 DSN: 783 Fax: 612 Page 132 023433 #1.txt CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipients(s) and may contain Sensitive but unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. . Ori inal Message. From:.Mr (88RRC, 300MP) (-6) (4) Sent:.February 25, 2004 6:21 AM Wednesda. To:.AJ (88 SJA) Cc:.as ey, Michael. BG (88 CMDGRP CG); Payne, James E BG (88RRC, 300MP); C (88R , 785MP);.Ms (88RRC, 300MP) 111.11111111.1.1t: th. dates MAJW.N. c_b) Forwarded as requested. SSA, 300th Military Police Brigade Telephone: (313) Facsimile: (313) Email:.@usarc-emh2.army.mil AKO Ema.@us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. °;111MPMr (88RRC, 785MP) From:. Sent:. 141.111:¦11¦1174117 Tuesday, February 24, 2004 2:11 PM TO: (88RRC, 300MP) subjectIIIIIIIIIITIFirPETS dates MEW Here is information you requested. SSA, 785th MP Bn . original Message. From: 111.11111111¦11.0SFC (88RRC, 377MP) 3 Sent: ITITal Fe ruary 24, 2004 1:51 PM To: Mr (88RRC, 785MP) subject:.RE: 77th ETS dates Sir, The following are the names of the flagged soldiers and their ETS dates: SGT 22 AUG 2004 SPC 06 JAN 2004 SGT 05 JAN 2008 SPC 09 AUG 2007 SSG 08 JUN 2006 SGT 14 JUN 2008 Page 133 023434 #1.txt SGT 13 JAN 2008 SSG 07 DEC 2004 SPC 27 AUG 2007 SGT 05 MAR 2005 SPC 24 AUG 2008 SPC 01 AUG 2009 SSG 15 MAY 2004 SGT 10 MAY 2008 SPC 14 JUN 2008 Ori•inal Message From: r (88RRC, Sent: 24, 2004 12:46 PM To: SFC (88RRC, 377MP) Subject. FW: 377th ETS dates . .Or essa e From: 300MP) Sent: 2004 12:37 PM To: Mr (88RRC, 785MP);. MAJ (88RRC, 785MP) Cc: Michael W BG (88 CMDGRP CG); Payne, Jame.(88RRC, 300MP); BG TC (88RRC, 785MP) ; ONSIMMIIIII/111/0Ms 88RRC, 300MP) ubject: dates Mr.. / MAJ bY4s) Reference below email and previous traffic identifying person's of interest and directed flagging actions. Provide a by-name ETS roster back to me. I will forward back to the 88th RRC. SSA, 300th Military Poles Brigade Telephone: (313) Facsimile: (313) Email: @usarc-emh2.army.mil AKO Em.@us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may . contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. (141/) .-- Or. From:.MAJ (88 SJA) Sent:.PM Tuesday, February 24, 2004 12:33 To:. ,(e) (6)( Subje t:.377th ETS dates 811111.1111111.11111.1111r r (3-8-R-R€1-1aQMP-)— Mr COL.as asked me to get the ETS dates for all of the flagged members of the 377th. If possible he would like to get this information today as the issue is rather urgent. Thanks for your help. Page 134 023485 #1.txt.( MAJ AsSi.pay("4. Sta f Judge Advocate. 88th Regional Readiness Command, SJA E-mail: @us.army.mil Phone: 1 DSN: 783. Fax: 612. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipients(s) and may contain Sensitive but unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: airawanst CW3111111,111@belvoir.army.mil ] Sent:.PM Tuesday, February 24, 2 04 5:. To:.@us.army.mil' Cc:.@us.army.mil' Subject:.most Recent CID Reports on Bagram Deaths Sir and Ma'am As discussed attached please find two CID reports and the PPT we used for this week's talks. More will follow as it becomes available for release. Thank you for taking the time to listen to the case briefing. If we can be of further assistance, please do not hesitate to ask. Please confirm receipt of this message and the file attachments via email. v/r, 411.111111111. CW3, MP HQ, USACIDC 703..wk 703..Fax N.: 656 Cell belvoir.army.mil From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. Saturday, February 21, 2004 4:56 PM To:.0 ONIMMOIMMOOMMOOMP Mr (88PA0) OnsiOmmownimpOMPLTC (88 SJA); IMMOMMIMINIMINOIMs (88 CMDGRP); 01.0010 MAJ (88 PAO) 71777t:.RE: 88th RSC Soldier Flags... Thanks for the message. As LTC ell" knows, I will be OCONUS from Sunday morning (2/22) through next Saturday afternoon (2/28). I'll be on e-mail, or call me on the military cell phone, if anything comes up. CG From:411.1.1.11116 Mr (88PA0) Sent: Friday, February 20, 2004 2:44 PM To: B asle , Michael W BG (88 CMDGRP CG) Cc:.LTC (88 SJA); alMIRM/011110 Ms (88 CMDGRP);imwarip MAJ (88 PAO) Page 135 0234SC DOD-049055 #1.txt Subject: Fw: 88th RSC Soldier Flags... Sir I discussed this with the PAO for CID. He has been keeping the DA- and CENTCOM-level PAOs briefed as to the status of the investigation. We determined that our office will make sure USARC PAO is aware of the investigation (if they aren'.t already), and brief the unit to forward all media calls to us. We will address only releasable items from soldiers' personnel records, will forward queries relating to the investigation to the CID PAO, and will forward any other queries to DA PAO. V/R Public Affairs Specialist 88th Regional Readiness Command Public Affairs office 506 Roeder Circle Fort Snelling, MN 55111-4009 Comm. (6 DSN 783­TOLL FREE 1­FAX (612) Original Message. From: OINIMINIMENNONNOMs (88 CMDGRP) Sent: Thursda. . February 19, 2004 3:33 PM To:.Mr (88PA0) Subject: FW: 88t RSC Soldier Flags... . Ori inal Message. From:.LTC (88 SJA) Sent:.February 12, 2004 3:51 P ursda. To:.Ms (88 CMDGRP);.MAJ (88 PAO) Subject: FW: 88th RSC Soldier Flags... PAO for CID is below; they're aware. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin•, MN 55102 Tel: 612 Fax: 612 . Original Message. From: MAJ [mailto:1111111111111111111111Fbelvoir.army.mil] Sent: T ursday,february 12, 2004 2:57 PM To: IIIMOOPMMOMMONWLTC (88 SJA)';.cw3 Subject: RE: 88th RSC Sol dier Flags... Ma'am, have your PAO contact belvoir.army.mil . He is the chief of 1111111111111110 PAO for CID. Page 136 023487 AtcPei-c. #1.txt 0001‘) VR1101,111•Fir,Legal Advisor Field Investigative Unit (CID) 703- DSN Fax Ori inal messa e. From:.LTC (88 SJA) [mailto us.army.mil ] Sent: Thursda. . ruary 12, 2004 3:51 PM To:.CW3 Cc:.MA7 subjec :.so dier Flags... Got it; if he's still ours I'll make sure he's flagged as well. Thanks. My PAO was wondering if DA PAO has any knowledge of this yet. My PAO doesn'.to raise it to their attention if they don't have visibility on this yet..is checking. Do you know? What about CID's PAO?.e of it. If yes, do you have a name and I just talked briefly to MAJ . I've got to assume they re a. number for them? .111110111111110 LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin.102 Tel: 612 Fax: 612 .. Ori inal Messa From:.CW3 [mailto11111111110@belvoir.army.mil ] Sent: T urs ay, February 12, 2004 2: To: 1411111111111111111PLTC (88 SJA)' Subject: RE: 88th RSC soldier Flags... 11.1111111.1111111. SGT'.(b)() Original Messa e. From:.LTC (88 SJA) [mailto:41111111111111pus.army.mil] Sent: Thursda Fe r ary 12, 2004 2:56 PM mo__ To:.CW3 subject: RE: 88th RSC soldier Flags... . Thanks; it's me. 114111111111111111111110 LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612- . O From. CW3 [mailto:11.11111111@belvoir.army.mil] Sent: 77777777-777717y 12, 2004 1:54 PM Page 137 023433 DOD-049057 #1.txt Co)(6 To:.us.army.mil' „„ Subject: 88th RSC Soldier Flags... 44/es Ma'am, Please confirm receipt of this test message and I can send you the data on 1111111k)F)J-- 11111111110w HQ, USACIDC Wk 703.4111111, Fax 703. . DSN Prefix: 656 Cell 1111111111Ir el voi r . army . mil Beasley, Michael W BG (88 CMDGRP CG) Sent:.February 21, 2004 4:54 PM From:. Saturda. To:.TC (88 SJA) Cc:.COL (88SJA) Subject:.RE:.MPs , Thanks. I'll be in Honolulu on business (really) from Sunday morning until next Saturday afternoon (2/28). I should •riodically on my e-mail, and you always can reach me via cell phone at.Please give me a synopsis of what you see in the files (no further distri u ion Thanks, CG Original Message From: LTC (88 SJA) sent: Friday, February 20, 2004 3:19 PM To: Beasley, Michael W BG (88 CMDGRP CG) Cc: COL (88S3A) Subject: 377th MPs Sir - I just wanted to let you know that the CID briefing to MG Ryder apparently went well, and we are set to go to Belvoir for our own extensive look through the files. COL 1111=11111111111. CPT 4111111111111111and I will arrive in Virginia this Sunday evening and will spend 3 days with CID. We return Wednesday evening 25 Feb unless we finish early or need more time. USARC OSJA and 18th Airborne Corps OSJA both intend to send someone. Fort Knox OSJA is a maybe. V/R, LTC tar MOMMOMPOIMINIIIMP LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Page 138 # 1 . tx t Ft. Snellin.102 Tel: 612- Fax: 612- From: 411111111111MIIMMIO Mr (88PA0) Sent:. Friday, Februar), 20, 2004 2:44 PM To: Beasley, Michael W BG (88 CMDGRP CG Cc:.TC (88 SJA);.Ms (88 CMDGRP)AIWAIIII, MOM MA ).PAO. -- Subject: FW: 88th RSC soldier Flags... Sir I discussed this with the PAO for CID. He has been keeping the DA- and CENTCOM-level PAOs briefed as to the status of the investigation. we determined that our office will make sure USARC PAO is aware of the investigation (if they aren't already), and brief the unit to forward all media calls to us. We will address only releasable items from soldiers' personnel records, will forward queries relating to the investigation to the CID PAO, and will forward any other queries to DA PAO. V/R 011001140MMOMMO Public Affai rs Specialist 88th Regional Readiness Command Public Affairs Office 506 Roeder Circle Fort Snelling, MN 55111-4009 Comm 612 DSN TOLL FREE FAX (612) @us.army.mil . original Message. From: NaIMIIIIIII/MOROM (88 CMDGRP) Sent: rhursday, February 19, 2004 3:33 PM To:.Mr (88PA0) Sub ct: FW: 88th RSC soldier Flags... .age. Ori inal. From:.LTC (88 SJA) Sent:. ursday, Fe ruary 12, 2004 3:51 PM To: .111111111.11111111. Ms (88 CMDGRP):41111,11111110PMAJ (88 PAO) Subject: Fw: 88th RSC Soldier Flags... PAO for CID is below; they're aware. 4111...1.111111111110 LTC, JA, Deputy SIA 88th RRC 506 Roeder circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 original Message From: 1111111111111111111 MAJ [mailto:111111111111.11111111belvoi r. army.mi 1 ] Page 139 023430 #1.txt Sent: Thursda. February 12, 2004 2:57 PM To: '.LTC (88 SJA)': 1111111111111111111111cw3_09m Subject: RE: 88th RSC soldier Flags... Ma'am, have your PAO contact 411111111111111/0belvoir.army.mil . He is the Chief of PAO for CID. VR, Major, Judge Advocate Legal Advisor Field Investigative Unit (CID) 703 DSN 328 - Fax . Original message. From: (11111111111.1.1111.11pLTC (88 SJA) [mailt04111111111111Iptus.army.mil ] Sent Thursday, February 12,,ZQQ4 3:51 PM T OMOOPIMINOMMOMMMO 3 0 3 1 MAJ 0 Subject: RE:. t R C soldier Flags Got it; if he's still ours I'll make sure he's flagged as well. Thanks. MAJ 011010 My PAO was wondering if DA PAO has any knowledge of this yet. My PAO doesn't want to raise it to their attention if they don't have visibility on this yet. Allmmis checking. Do you know? what about CID's PAO? I've got to assume they i-e aware of it. If yes, do you have a name and number for them? I just talked briefly to MAJ LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. snellin. MN 55102 Tel: 612 Fax: 612 .messa e. Ori final From:.CW3 [mailto:1111111111,ftelvoir.army.mil ] C.b) (6)— / Sent: T urs ay, February 12, 2004 2:. PM To: 111111.111111111111.1111LTC (88 SJA)' Subject: RE: 88th-R3t Soldier Flags... . Original Messa e. From:.LTC (88 SJA) [mailto:11111111111111Fus.army.mil] Sent: Thursday, February 12, 2004 2:56 PM To:.CW3. 6.064-( Subject: RE: 88t RSC Soldier Flags... Thanks; it's me. 1111.1111.1111.110.1111111P LTC, JA, Deputy sJA 88th RRC Page 140 #1.txt 506 Roeder Circle Ft. Snellin MN 5 102 Tel: 612- Fax: 612- ori inal messa e From: cw3 [mailto:1111111111010belvoir.army.mil] 66)) / Sent: ur e ruary 12, 2004 1:54 PM To:11111111011111,@us.army.mil' *"._ Subject: 88th RSC Soldier Flags... Ma'am, Please confirm receipt of this test message and I can send you the data on NM (b)(0.5 IIIIIII, CW , MP a))--615 HQ, USACIDC 7030. Wk 703. Fax DS ix' 656 cell belvoir.army.mil „. (Or1 J) From: cw3 1/11111111111116belvoir.army.mil] sent: Friday, Februar 20, 2004 2:01 PM To: LTC (88 sJA)' Cc: CW3; m A.) Cb). Z Subject: RE: investigative Briefing to SJA Maam, (W-1 we should have everything you would need, outside of computer support if you feel you need to bring a laptop. empoppommenne CW3, MP Investigative Operations HQ, USACIDC 6010-6th street Fort Belvoir, VA 22060 office - 703 Facsimile - 703­ cellular - WARNING: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, law enforcement sensitive, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in err ease notify us immediately by reply or by telephone (703), .nd immediately delete this message and all its attachments. Page 141 023492 #1.txt . Original Message. From: 41111110.1111110111111LTC (88 SJA) [mailto:01111.1111114Ptus.army.mil] Sent:FricM3ruary 20, 26430)1:61 FM To:. IIIIIPCW3 Subject: RE: Investigative Briefing to 53A Sorry Chief, i told you I'd email you with details yesterday and I forgot to do so. My error. From my office there wil. three personnel attending: My SJA, COL.(pronounced41111111111", Myself CPT.one of our Mil Justice attorneys I've been informed that USARC 053A will send someone, but I haven't heard who yet. I've also spoken to 18th Airborne Corps OSJA and they are working on getting someone there as well. A Fort Knox OSJA attendee is a maybe. COL.CPT.and I arrive at National Airport on Sunday evening 22 Feb at 2004 hours. Northwest Flight 1710. We will be staying at the Belvoir Guesthouse. we have a return flight at 1750 on wed 25 February. Is there anything special that you feel we should bring along? Thanks. i look forward to meeting you and SA41111111, 6)((o) LTC, JA, Deputy 53A 88th RRC 506 Roeder Circle Ft. snellin.102 Tel: 612-1 Fax: 612 1111111 . Ori inal Messa e - - From:.CW3 [mailto:.belvoir.army.mil ] Sent: Frida , February 20, 2004 1:2111111111111116 To: ' us.army.mil'; 11111111111111111111FMAJ Cc:.CW3 Subjec : Investigative Briefing to SJA LTC 111111, I wished to take a moment and confirm your attendance at the coordination meeting related to the CID investigation of two detainee deaths which occurred in Bagram, Afghanistan. This meeting will take place at the Fort Belvoir CID Conference room. I will provide a packet of information to include directions to the CID office from the Fort Belvoir billeting office. Based on our previous conversation, I had anticipated the attendance of yourself along with two colleges. I would appreciate if you could provide a short response to this e-mail with their names as well as your travel arrangementw;) SA. and I look forward to meeting with you to discuss the investigation. You will find my contact information below, should you need to contact me. Page 142 023433 #1.txt Thank You Special Agent Investigative Operations HQ, USACIDC 6010-6th Street Fort Belvoir, office - 703 Facsimile ­Cellular WARNING: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, law enforcement sensitive, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agerit responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error please notify us immediately by reply or by telephone NIIIIMMIA4 and immediately delete this message and all its attachm From: aillilliall1WW3 [NNOMMINIMMOrbelvoir.. armymil] Sent:.ebruary 20, 2004 1:25 PM. Fr'. 49)) To:. MAJ Cc: Subject:.Investig Wag 2- LTC ftra °-- I wished to take a moment and confirm your attendance at the coordination meeting related to the CID investigation of two detainee deaths which occurred in Ba ram, Afghanistan. This meeting will take place at the Fort Belvoir CID Conference room. I. will provide a packet of information to include directions to the CID office from the Fort Belvoir billeting office. Based on our previous conversation, I had anticipated the attendance of yourself along with two colleges. I would appreciate if you could provide a short response to this e-mail with their names as well as your travel arrangements. nd I look forward to meeting with you to discuss the investigation. end my contact information below, should you need to contact me. Thank You Special Agent Investigative Operations HQ, USACIDC 6010-6th Street Fort Belvoir, VA 22060 office - 703­ Facsimile ­Cellular - WARNING: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, law enforcement sensitive, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or Page 143 2 3 4 9 4 DOD-049063 #1.txt agent responsible'for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in lease notify us immediately by reply or by telephone (703) and immediately delete this message and anits attachments. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: February 18, 2004 7:37 AM To: LTC (88 SJA) Subject: atus of 377th MP Company Investigation LTC allig I got your phone message, and understand the basis of the message. Please i don't let the procedural curtailment on use of e-mail get in the way of keeping me informed of all key developments, however, particularly on Active Component decisions on jurisdiction, and the evolution of the investigation . and briefings. I know that you and I can take adequate precautions to not include improper subject matter. Thanks, CG Ori inal message From: LTC (88 SJA) Tues ay, e ruary 17, 2004 7:19 PM To:.Mr (88 CMDGRP DMS) -Richardson, Do glas G BG (88 CMDGRP Sent:. DCG); Payne, James E BG DCS G1); (88 CMDGRP CSM RRC 300MP); (88 DCS, G3 COL 88 CMDGRP COS); SJA); COL Ms (88 CMD R (8 8 16c , 300MP) --(0) (88 Cc: is ael W BG (88 CMDGRP CG Subject: RE: Status of 377th MP Company Investigation Sirs/Ma'am - In accordance with the CG's directive that the office of the Staff Judge Advocate shall be the central point of contact for matters concerning the investigation into the 377th MP Co, I suggest that I be contacted by telephone or in person to discuss developments on this case. Please keep email traffic on this matter to a minimum. I can be r _ or night as follows: Home: Cell: work Phone listed below. Thank you all for your cooperation. V/R, LTC OM 11111111111111111, LTC, -3A, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin MN 55102 Tel: 612 Fax: 612 From: CW3 1111111111111111@belvoir.army.mil ] Sent: irrill!!!!!!1116, 2004-3:10 PM To: 01111111411111111, LTC (88 SJA) ' Page 144 023495 DOD-049064 cielrfel-49N(6 )4.b #1.txt Cc: Subject:.RE: 88th RSC soldier Flags... Ma'am, As soon as you know the number of folks, dates of travel and the names of personnel you'll be bringing to Belvoir to b iar with the case, we'd like to know. This will help myself and SA in finding a venue with sufficient room for all and in managing other to itics -associated with your travel. v/r, 1111111111111M CW3, MP HQ, USACIDC 0 s nal Message. From:.LTC (88 SJA) To:.CW3 Cc:.V.C. MAJ Sent:.PM Subject: RE: 88th RSC Soldier Flags... . Got it; if he's still ours I'll make sure he's flagged as well. Thanks. I just talked briefly to MA34111111111 My PAO was wondering if DA PAO has any knowledge of this ye ..it to their yPOdoesn't want tor'. attention if they don't have visibility on this yet..'s checking. Do you know? what about CID's PAO? I've.ssume they're aware of it. If yes, do you have a name and number for them? LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin. MN 55102 Tel: 612 Fax: 612 . Original Message From:.CW3 [mailto: belvoir.army.mil ] Sent:.ay, Fe ruary 12, 2004 2: u. To: WaINIMONMOLTC (88 SJA)' Subject: RE: 88th RSC soldier Flags... . SGT ; )(.( . On From: LTC (88 SJA) [mailto•.@us.army.mil] Sen ary 12, T1(4:156 PM To: CW3 Subject: RE: 88th RSC Soldier Fliags... Thanks; it's me. 88th RRC 506 Roeder Circle Page 145 023496 DOD-049065 #1.txt Ft. Snellin MN. 10( Tel: 612 Fax: 612 Or'. From:.CW3 [mailto: belvoir.army.mil ] Sent: Thurs a , February 12, 2004 1:54 PM ,)7_, .' 1 Messa e. To: ' us . army.mil 0 A Subject: 88t RSC Soldier Flags... Ma'am, receipt of this test message and I can send you the data 1111111. c CW3, MP HQ, USACIDC 703. 7 DFax DSN Prefix: 656 e voir.arm .mil mailto: belvoir.army.mil . From: Beasley, Micha 1 W BG (88 CMDGRP CG) . Sent: Thursday, Febrfuary 12, 2004 8:50 PM . To: Mr (88RRC, 300MP); LTC (88 A) Cc:.s (88RRC, OOMP) Payne, James E BG (88RRC, 300MP); . Subject: RE: 377th MP CO Soldiers Folks: I want to be personally copied on ALL aspects of this this matter. Thanks, CG Ori From:.Mr (88RRC, 300MP) Sent:.ruary 12, 2004 12:28 PM .---(6./(e) T. To:.LTC (88 SJA) Cc:.ames E :G (88RRC, 300MP); Ms (88RRC, 300MP) Subject:.FW: 377. MP CO Soldiers LTC MEM For warded per our conversation. The flagging actions are in place. The 377th's next drill is scheduled for 6-7 March. This information remains close hold, sensitive but unclassified Law Enforcement related. Page 146 023497 #1.txt 411111.111SSA, 300t Mi i a1.,Po. Brigade. Telephone: (313) Facsimile: (313) Email:.usarc-emh2.army.mil AKO Ema.'us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sens-itive but unclassified . information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Origi. Message. om:.Mr (88RRC, 300MP) , January 30, 2004 3:53 PM. MA) (88RRC, 785mP)) 4 ) 6 -4- Mr (88RRC, 785MP); IIIIIIIIIIIIIIIIFLTC (88RRC, 785MP); RC, 300MP) RE: 377th MP CO Soldiers. cbia7- r)) Brian: I have spoken with the lead investigator and BG Payne. Initiate a non-transferable, adverse action flag on the following individuals: SPC SPC SGT SSG SPC SPC SPC SPC SPC SSG SPC SPC SSG This information in sensitive and is NOT to be discussed with anyone but the individuals listed in this email, the Commander, 377th MP Company, and UA, 377th MP Company; this email may only be forwarded to these same individuals. The unit will ensure that all of the unit's personnel records are secured in locked containers to prevent unauthorized access to these specific records or the records of any other soldier. These flags may or may not be removed; final determination is pending. other individuals may be added to this list. Will advise you further as the situation dictates. SSA, 300thPolice Brigade hiJTta. Telephone: (313) Facsimile: (313 Email: usarc-emh2.army.mil Page 147 023498 #1. txt AKO Email:.@us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. original Messa e. .7._ ( From: MAJ (88RRC, 785MP)(4 ) - Sent: i ay, anuar.0, 2004 2:37 PM To:.Mr (88RRC, 300MP) Cc:.(88RRC, 785MP); LTC (88RRC, 785MP) Subject: h 11, _‘ Soldiers 1bl WNW called and is asking when/if the Soldiers that are the key subjects of the CID invest ation should be considered non-deployable (legal processing/commande 's discretion). She said it looks like up to 7 soldiers, but not all are still as•ned to the 377th (she's going to get me the exact number). They have not been cha 'ed, but I guess CID has focused in on this group. My recommendation would be. wait until they are charged, then flag them. If the unit gets alerted before then,. can re-look how to handle the eaches. This may have significant USR/readiness. ications, so I wanted to bump it up to your level. (bi(p) MAJ 53/operations Officer 785th Military Police Battalion (I/R AKO e-mail: Phone: 1. Fax: 1 "Safeguard and secure" CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain Sensitive but unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From:.LTC (USARC 53A) Sent:.T a. February 12, 2004 7:50 PM To:.LTC (88 53A) Cc:.COL (8853A);.COL (88SJA)41111101111,11, APCOL (USARC 5JA Subject:.RE: Status of 377th MP Company Investigation LTCIIIIIII/ strongly recommend that any further discussion with your CG of this cas be done by oral means. call me ASAP so we can discuss, please. V/R, LTC Deputy Sta Judge Advocate US Army Reserve Command (404).DSN 3678111. Fax: Secure: Page 148 #1.txt . Original Message. From: Beasley, Michael W BG (88 CMDGRP CG) Sent: Wednesday, February 11, 2004 10:12 PM To:.LTC (88 SJA) Cc:.COL 88SJA);.COL (88SJA);MIIIIIWTC (US• COL (USARC SJA) Subject: RE: Status o 3 t MP Company Investigation LTC 111111/COL 0111MTM Thank you for your quick, deliberate and comprehensive actions on this matter. I informed MG Wilson, DCG, USARC, with 'a bare outline of the facts as I understood them following my phone conversation with LTC Lewis, at approximately 1720 hrs. on Wednesday (Eastern time). I am certain that he will be consulting with the USARC SJA as soon as possible for a iiiiiipprehensive report --which I understand was forwarded to USARC by LTC.mediately after our phone conversation. I would like the names of the 15 soldiers from the 88th RRC as soon as possible; please confirm that the flags are in effect by tomorrow, 12 February. Following my receipt of that list, I will discuss the matter with BG Payne, CG of the 300th MP Brigade. Please find out when I may review the file at Ft. Belvoir. I would like to do this personally at an early date. Please confirm that I may review the file without jeopardizing my prerogatives as SCMA. I understand that if homocide charges are brought, at least those would certainly be referred to the GCMA, either LTG Helmly or the relevant AC Commander. Even if that step is taken, however, one or more of the subjects may be appropriate for SCMA jurisdiction (or lesser sanctions). I also would appreciate knowing when the 377th MP Company will be having its next IDT session. I may request that BG Payne attend that drill. I am currently not inclined to delegate disciplinary action to BG Payne on this matter, at least in part because he was mobilized and deployed to Guantanamo at the time of the incidents in question. Notify both LTC.(Congressional Outreach and CASA/USAR Ambassador Liaison) and MA) Wan (PAO) to call me on a conference call on Thursday morning, 12 February. I want to personally notify them how we should proceed with the Public Affairs matters; they will be instructed to coordinate directly with USARC PAO before releasing any information whatsoever. Needless to say, all involved must be sensitive to rumor control and secondary effects of incidents of this nature -­ particularly watching for signs of suicide, depression, and stress ... in families as well as soldiers. I may direct that one of our senior Stress Team members attend that next IDT. I concur that the OSJA is the proper POC for all actions within our Command, with the exception of Command Group involvement, necessary G-1 and G-2 actions, possible Surgeon (Stress Management) involvement, and the aforestated PAO program. Doing this means that I need periodic and frequent updates regarding all material developments. If I am permitted to review the file, I will request an accompanying member of the OSJA (at least a field grade officer, preferably one of you two) to go with me. i will respect your recommendations of others who should join us. Again, thank you for your professionalism and sense of urgency. Plan on talking with me tomorrow. BG M. Beasley, CG, 88th RRC Page 149 0"r00 DOD-049069 #1. txt . Original Message. From: ------------ ainiungourc (-8-8S570) We nes ay, Fe uary 11, 200. To:.MDGRP CG) Sent:.PM Beasley, Michael W BG (. Cc:.CO. 88SJA);.COL (88S3A); LTC (USARC SJA);.L COL ( Subject:.RE: Status o 377th MP Company Investigation BG Beasley- This is what i kno thus far, which was provided to me via telephone today by Special Agent. of CID HQ in Fort Belvoir: CID has been investigating the deaths of two detainees in Afghanistan. The deaths occurred in Dec 2002. The two detainees were apparently in the custody of members of our unit - 377th MP Co. According to CID, 15 members of the unit along with additional members of an MI unit (not belonging to us) will be listed as subjects in the report of investigation. The deaths have been ruled homicides and the medical examiner reported the cause of death as blunt force trauma. The two detainees had been in us custody less than 3 days in one case, 5 days in the other case. The detainees apparently received medical examinations upon being taken into custody and were determined to be in good health. Approximately 81 people have been interviewed. Some of the MPs requested counsel; some made statements, including admissions/confessions. Apparently one MP acknowledged hitting one of the detainees approximately 30 times with his knees. According to G-3, the 377th is not currently at mob station nor pending re-mobilization. They were released from mobilization approximately March 2003, about the same time that the medical report was released. I do not have names of individuals but hope to have those by tomorrow. COL.is informed; we have been on the hone much of the day. I've also informe the 300th's CJA. COL.suggests that the OSJA become the clearinghouse or handling information and contacts concerning this investigation within the command and with outside agencies, with the exception of any media requests which of course will be referred to PAO. Please let me know if you wish the OSJA to be the POC. I have not cc'ed the other parties listed on MAJ email below due to the sensitivity of this matter, but will forward to them upon your directive. At your direction I called USARC OSJA this afternoon. I informed LTC ma Deputy SJA; COL Illmr(SJA) is on leave. LTC IIIIIrwill inform LTG Helmly. We discussed the possibility of bringing Fort Leavenwoffh's OSJA into the picture as that office bears responsibility for court-martial support for the majorit of the 88th's geographic region, including Minnesota and Michigan. LTC ad no objection to that. He also mentioned the possibility that Centcom or CJTF 180 might wish to take up this case, being the AC command responsible for the region where the offenses occurred. CID Agents will brief MG Ryder, CID Cdr and Provost Marshall of the Army, next wed, 18 Feb. As noted in MAJ MOD email below, they . would like to brief you some time after that. They have suggested that someone from our office come to Belvoir to get a more detailed brief including review of the extensive case file, which the agent suggests will take at least a couple of days. LTC tiornitsaid his office would likely send a member of their military justice office along. Fort Leavenworth JAG may want to attend as well. For a quick summary of jurisdictional issues: You have special Court Martial Authority, which allows up to 1 yr. confinement and a ad Conduct Discharge; General Court-Martial Authority resides with the AC or LTG Page 150 cd24bk) -2, Aceitio noiej #1.txt Helmly. However, according to AR 27-10, any involuntary recall to active duty of reservists for the purpose of pursuing court-martial or Art 32 investigation (preliminary requirement to a General Court-Martial) requires the order of an AC GCMCA. In addition, before any reservists can be confined, either pre- or post-trial, the Sec Army or his delegate must give authorization, which in practical effect means requesting Sec Army approval prior to bringing any reservist on active duty for the purpose of pursuing court-martial. My apolo ies for being this lengthy. I await your questions and directives. V/R, LTC PS. My cell phone is.if you wish to speak to me during off-duty Mr D hours. AISONOPIONIMMUMP LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin MN. 102 Tel: 612 Fax: 612 . Ori final Message. From:.MAJ (88 DCS, G2) Sent:. We nes ay, February 11, 2004 10:09 AM To:.ichael W BG (88 CMDGRP CG) Cc:.Mr (88 CMDGRP DMS ' Richardson, Douglas G BG (88 CMDGRP DCG);.CSM (88 CMDGRP CSM);.COL (88 CMDGRP COS); Payne, James E. 8RRC, 300MP); L.SJA); 1111.,11.1.1 COL (88SJA);.COL.S G . , RC, OOMP); CW5 (88 CMDGRP) c :.s of 377th MP Co any Investigation Importance:. High Sir, The preliminary investigation by CID Com and of the. 7t MP is complete. The investigating agents will present the c se to MG Ryder th Provost marshal General on or about 15 Feb 04. Near the end o Feb, they inte. t brief BG Payne. I informed CID that you most likely wou d want to take a ho ity for any UCMJ actions arising from the investigation, or a ternatively, you. make the call whether BG Payn' should retain it. The lead C Agent, Angela. u gested 53A and PMO participation in the briefing when t occurs. Agent. also suggested our SJA travel to Fort Belvoir at some po t prior to their briefing of you, to review the entire file to better advise you on potential Courts Martial and/or non-judicial punishment. Further CID investigation of is matter will depend on whether you decide to pursue Courts Martial on any of the uspects. Their further investigations will be to support those Court Martial roceedings. on another related issue t e names of 15 persons who are suspects in this case were provided to Mr..for flagging actions, pending resolution. I will continue to follow-up with CID and appropriate internal elements to coordinate and further advise you on this matter. MAJ #1111ligi Deputy Provost Marshal 88th Regional Readiness Command E-mail:.usarc-emh2.army.mil DSN: 783 Phone: 1 Fax: (61 Page 151 023502 #1.txt Cell: (612) 1111111, CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original 4 From: fIIIIMMIMII.bMs (88 CMDGRP) Sent:. ursday, February 12, 2004 2:03 PM To: yalliaraWc (88 SJA) Cc: Mr (88PA0) Subject:.RE: CG Guidance OK, thanks. I'll be gone tomorrow but Mr.11111,will be here to get any info you may have. Thanks original Message. From:.LTC (88 SJA) Sent: T.ruary 12, 2004 1:56 PM To:.Ms (88 CMDGRP) Subject: E:. . ui•ance Will call and ask. I expect yes, because the Special Agent said that the deaths were noted by the media at the time they occurred, and that there was a 15-6 investigation done in Afghanistan that didn't focus directly on the deaths, but on the treatment of detainees generally. Human Rights watch, Amnesty INternational and th ACLU have all asked for the release of the 15-6 but apparently it hasn't been released yet. I'll pass this info on to BG Beasley this afternoon in my email update. 11111111111111111.1.11. LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin.02 Tel: 612 Fax: 612 Ori inal Messa e From: Ms (88 CMDGRP) Sent: T urs a. February 12, 2004 1:53 PM To:.TC (88 SJA) Subjec : CG Guidance Re: Our conversation this morning. The CG would like you to ask your POC at the CID Command if the DA PAO has been apprised of the situation. we don't say anything to anyone before we need to. ect Officer/Public Affairs officer eadiness Command Page 152 023503 #1.txt From*11,1111111111111,CW3 R1111111111,@belvoir.army.mil ] Sent:.February 12, 2004 154 PM Thurs a. To:.us.army.mil' Subject:.88th RSC soldier Flags... Ma'am, Please confirm receipt of this test message and I can send-you the data on 11111110 10,1111111,111 Cw3, MP HQ, USACIDC 703.1111111 Wk 703.11111¦11/ Fax DSN P fix: 656 Cell belvoir.army.mil From:.L Ms (88 CMDGRP) Sent: !!!!!!!!!!!!!rary 12, 2004 1:53 PM To:.TC (88 SJA) Subject:.CG Gui ance Re: Our conversation this morning. The CG would 11 e you to ask your POC at the CID Command if the DA PAO has been apprised of the situa ion. we don't say anything to anyone before we need to. 11.1111111111111.110 Civil militar Project officer/Public Affair 1 cer 1 HQ , 1 a. eadiness Comma From:.Mr (88RRC, 300MP)aiAl Sent: •ruary 12, 2004 12:28 PM To:.LTC (88 SJA) Cc:.Ms (88RRC, 300MP) Payne, James E G (88RRC, 300MP); subject:.FW: 377t MP CO Soldiers D LTC age Nit Forwarded per our conversation. The flagging actions are in place. The 377th's next drill is scheduled for 6-7 March. This information remains close hold, sensitive but unclassified Law Enforcement related. is Brigade. Telephone: (313) Facsimile:. SSA, 300th militar.(c J(() 13 Email:.usarc-emh2.army.mil Page 153 #1.txt AKO Email: US my.mil ALITY NOTICE: This e-m il message, including any attachments, is for the sole u:e of the intended recipie t(s) and may contain sensitive but unclassified infor ation or Privacy Act data. Any unauthorized review, use, disclosure or disrribution is prohibited. If y u are not the intended recipient, please contact the sender by reply e-mail and •estroy all copies of the original message. CONFIDE. om:.(88RRC, 300 Se ,t:.January 30, PM F '4. To: AJ (88RRC, 785MP Cc: r (88RRC, 785MP); (88RRC, 785MP); •• •• Ms (88RRC, 300MP) 377th iers Brian: have spoken with the lead investigator and BG Payne. Initiate a non-transferable, adverse action flag on the following individuals: SPC SPC SGT SSG SPC SPC SPC SPC SPC SSG SPC SPC SSG This information in sensitive and is NOT to be discussed with anyone but the individuals listed in this email, the Commander, 377th MP Company, and UA, 377th MP Company; this email may only be forwarded to these same individuals. The unit will ensure that all of the unit's personnel records are secured in locked containers to prevent unauthorized access to these specific records or the records of any other soldier. These flags may or may not be removed; final determination is pending. Other individuals may be added to this list. will advise you further as the situation dictates. SSA, 300th Milita lice Brigade Telephone: (313) Facsimile: (313) Email: usarc-emh2.army.mil AKO Emai : us.army.mil CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or Page 154 41 r r J DOD-049074 #1.txt distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. .. original Messa e (6)( 6) From: MA) (88RRC, 785MP) Sent:. Fri ay, January 30, 2004 2:37 PM To:.Mr (88RRC, 300MP) Cc:.(88RRC, 785MP); (88RRC, 785MP) Subject: MP C soldiers ISM called and is asking when/if the soldiers that are the key subjects o t e CID inve igation should be considered non-deployable (legal processing/comman. 's discretion). she said it looks like up to 7 Soldiers, but not all are still as. ned to the 377th (she's going to get me the exact number). They have not been cha ed, but I guess CID has focused in on this group. My recommendation would be. wait until they are charged, then flag them. If the unit gets alerted before then,. can re-look how to handle the eaches. This may have significant usR/readiness imp cations, so I wanted to bump it up to your level. MAJ MI111111111111111110 53/Operations officer 785th Military Police Battalion (I/ AKO e-mail: IMINIONOMMINONus.army.mil Phone: 1. Fax: 1. "Safeguard and Secure" CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain Sensitive but Unclassified (SBU) information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Beasley, Michael W BG (88 CMDGRP CG). Sent:. Wednesday, Februa To:.88 DCS, EV . WINIRMOMMIt.) Cc:. DGRP DMS.BG (88 CMDGRP 'ardson Dougla. DCG);.:8 CMDGRP CSM);.DGRP COS); R COL (8. Payne, James E BG 88RRC, 300MP);.S1A); COL (885JA.COL. Mr 88 DCS, RRC, 300MP),.CW5 (88 CMDGRP) ec : •: Status of 377t. P Company Investigation Po) I SHOULD HAVE BEEN CALLED DIRECTLY AS SOON AS THIS INFORMATION WAS RECEIVED. YOU MUST, REPEAT MUST, STOP SENDING ME E-MAILS WHEN A PHONE CALL MORE PROPERLY REFLECTS THE URGENCY OF THE SITUATION. GOT IT??? EVERYONE ELSE: PLEASE HEED. Thanks, CG Original Message. . Page 155 0 2 350 G 7------...1.. r 10(‘) -z._ From: MA3 (88 DCS, G2) Sent: .fr aleW February 11, 2004 1.12Zman.J To: Cc: MDGRP DMS);.glas G B (88 CMDGRP DCG); (88 CMDGRP CSM);.COL (88. PGRP COS); Payne, James E MP); IMMOMINOWANOLTC (88 JA); COL (88SJA); COL (88 DCS G1 •.Mr 8&DCS, G RR ,.OMP);.CW. CMDGRP) tatus of 377th MP ompa7,ves igation.:.;"- Importance: Sir, The preliminary investigation by CID Command of the 377th MP is complete. The investigating agents will present the case to MG Ryder, the Provost marshal General on or about 15 Feb 04. Near the end of Feb, they intend to brief BG Payne. I informed CID that you most likely would want to take authority for any UCMJ actions arising from the investigation, or alternativel.uld make the call whether BG Payne should retain it. The lead CID Agent,.suggested SJA and PMOa).J@)/ participation in the briefing when it occurs..also suggested our SJA travel to Fort Belvoir at some point prior to t eir briefing of you, to review tffe entire file to better advise you on potential Courts martial and/or non-judicial punishment. Further CID investigation of this matter will depend on whether you decide to pursue Courts Martial on any of the suspects. Their further investigations will be to support those Court Martial proceedings. On another related names of 15 persons who are suspects in this case were . provided to Mr. for flagging actions, pending resolution. I will continue to foll - p d appropriate internal elements to coordinate and q further advise you on this matter MAJ Deputy Provost Marshal 88th Regional Readiness Command E-mail: @usarc-emh2.army.mil DSN: 783 Phone: 1(800 Fax: (612) Cell: (612 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may .contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original From:. Beasley, Michael W BG (88 CMDGRP CG) Sent:. wednesday, February 11, 2004 9:12 PM o:.LTC (88 SJA) c:.OL 88SJA); .11111.111111. COL (88S3A); 1111111111111111, LTC (USARC SJA);.COL (USARC SJA Subject:.R : 7th MP Company Investigation Status o. LTC 11011.1COL Thank you for your quick, deliberate and comprehensive actions on this Page 156 023507 . (0) #1. txt matter. I informed MG Wilson, DCG, USARC, with a bare outline of the facts as i understood them following my phone conversation with LTC ., at approximately 1720 hrs. on Wednesday (Eastern time). I am certain that. will be consulting with the USARC SJA as soon as:possible for a more comprehensive report -- which I understand was forwarded to USARC by LTC Me imediately after our phone conversation. would like the names of the 15 soldiers from the 88th RRC as soon as possible; please confirm that the flags are in effect by tomorrow, 12 February. Following my receipt of that list, I will discuss the matter with BG Payne, CG of the 300th MP Brigade. Please find out when I may review the file at Ft. Belvoir. I would like to do this personally at an early date. Please confirm that I may review the file without jeopardizing my prerogatives as SCMA. I understand that if homocide charges are brought, at least those would certainly be referred;to the GCMA, either LTG Helmly or the relevant AC Commander. Even if that step . taken, however, one or more of the subjects may be appropriate for SCMA jurisdiction (or lesser sanctions). I also would appreciate knowing when the 377th MP Company will be having its next IDT session. I may request that BG Payne attend that drill. i am currently not inclined to delegate disciplinary action to BG Payne on this matter, at least in part because he was mobilized and deployed to Guantanamo at the time of the incidents in question. Notify both LTC.(Congressional outreach and CASA/USAR Ambassador Liaison) and MAJ.(PA0)?to call me on a conference call on Thursday morning, 12 February. I.ersonally notify them how we should proceed with the Public Affairs matters; they will be instructed to coordinate directly with USARC PAO before releasing any information whatsoever. Needless to say, all involved must be sensitive to rumor control and secondary effects of incidents of this nature -­particularly watching for signs of suicide, depression, and stress ... in families as well as soldiers. I may direct that one of our senior Stress Team members attend that next IDT. I concur that the OSJA is the proper POC for all actions within our Command, with the exception of Command Group involvement, necessary G-1 and G-2 actions, possible Surgeon (Stress Management) involvement, and the aforestated PAO program. Doing this means that I need periodic and frequent updates regarding all material developments. If I am permitted to review the file, I will request an accompanying member of the OSJA (at least a field grade officer, preferably one of you two) to go with me. i will respect your recommendations of others who should join us. Again, thank you for your professionalism and sense of urgency. Plan on talking with me tomorrow. BG M. Beasley, CG, 88th RRC . Or From:.LTC (88 SJA) Sent:. Wednesday, February 11, 2004 5:37 PM To:. easle Michael W BG (88 CMDGRP CG) CC: COL. SJA):110111.1111111111111,COL (88SJA): LTC (USARC SJA);.COL ( Subject: R. 7th MP Company Investigation atus o. BG Beasley- This is what I. ow thus far, which was provided to me via telephone today by Special Agent. of CID HQ in Fort Belvoir: Page 157 023508 #1. txt CID has been investigating the deaths of two detainees in Afghanistan. The deaths occurred in Dec 2002. The two detainees were apparently in the custody of members of our unit - 377th MP Co. According to CID, 15 members of the unit along with additional members of an MI unit (not belonging to us) will be listed as subjects in the report of investigation. The deaths have been ruled homicides and the medical examiner reported the cause of death as blunt force trauma. The two detainees had been in us custody less than 3 days in one case, 5 days in the other case. The detainees apparently received medical examinations upon being takenjnto custody and were determined to be in good health. Approximately 81 people have been interviewed. Some of the MPs requested counsel; some made statements, including admissions/confessions. Apparently one MP acknowledged hitting one of the detainees approximately 30 times with his knees. According to G-3, the 377th is not currently at mob station nor pending re-mobilization. They were released from mobilization approximately March 2003, about the same time that the medical report was released. I do not have names of individuals but hope to have those by tomorrow. COL.is informed; we have been on. hone much of the day. I've also informe LTC the 300th's CJA. COL.suggests that the OSJA become the clearingh.r handling information an contacts concerning this investigation within the command and with outside agencies, with the exception of any media requests which of course will be referred to PAO. Please let me know if you wish the OSJA to be the POC. I have not cc'ed the other parties listed on MAJ Ryan's email below due to the sensitivity of this matter, but will forward to them upon your directive. At your direction I called USARC OSJA this afternoon. I informed LTC .Deputy SJA; COLN.. (SJA) is on leave. LTC 11111rwill inform LTG Helmly. We discussed the possibility of bringing Fort Leavenworth's OSJA into the picture as that office bears responsibility for court-martial support for the majorit of the 88th's geographic region, including Minnesota and Michigan. LTC.ad no objection to that. He also mentioned the possibility that Centcom or C . 180 might wish to take up this case, being the AC command responsible for the region where the offenses occurred. CID Agents will brief MG R der, CID Cdr and Provost Marshall of the Army, next wed, 18 Feb. As noted in MAJ email below, they would like to brief you some time after that. They have suggested that someone from our office come to Belvoir to get a more detailed brief including review of the extensive case file, which the agent suggests will take at least a couple of days. LTC -said his office would j likely send a member of their military justice office along. Fort Leavenworth JAG may want to attend as well. For a quick summary of jurisdictional issues: You have Special Court Martial Authority, which allows up to 1 yr. confinement and a Bad Conduct Discharge; General Court-Martial Authority resides with the AC or LTG Helmly. However, according to AR 27-10, any involuntary recall to active duty of reservists for the purpose of pursuing court-martial or Art 32 investigation (preliminary requirement to a General Court-Martial) requires the order of an AC GCMCA. In addition, before any reservists can be confined, either pre- or post-trial, the Sec Army or his delegate must give authorization, which in practical effect means requesting Sec Army approval prior to bringing any reservist on active duty for the purpose of pursuing court-martial. My apologies for being this lengthy. I await your questions and directives. V/R, LTC'S". PS. My cell phone is 11111111111111 if you wish to speak to me during off-duty hours. Page 158 r\r/nr"ni J) `,..) a U4¦ DOD-049078 #1.txt 111111111111111i LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snellin , MN 55102 Tel: 612 Fax: 612 Ori_ cainal Message . From: NJ (88 DCS, G2) Sent: !'February 11, 2004 10:09 AM To: Beasley, Michael W BG (88 CMDGRP CG) Cc: Mr (88 CMDGRP DMS) Richardson, Douglas G BG (88 CMDGRP DCG); (88 CMDGRP CSM COL 88 CMDGRP COS); Payne, James 8RRC, 300MP); SJA); LTC. COL (88SJA); COL ( Mr (88 DCS, G3); Mr.CW5 (88 CMDGRP) RRC, 300MP); Subject: Status of 377th MP Company Investigation Importance: High Sir, The preliminary investigation by CID command of the 377th MP is complete. The investigating agents will present the case to MG Ryder, the Provost marshal General on or about 15 Feb 04. Near the end of Feb, they intend to brief BG Payne. I informed CID that you most likely would want to take authority for any UCMJ actions arising from the investigation, or alternative. • would make the call whether BG Payne should retain it. The lead CID Agent,.suggested SJA and PMO participation in the briefing when it occurs. Agent .lso suggested our SJA travel to Fort Belvoir at some point prior to their brie in• of you, to review the entire file to better advise you on potential Courts Martia .nd/or non-judicial punishment. Further CID investigation of this matter will depend on whether you decide to pursue Courts Martial on any of the suspects. Their further investigations will be to support those Court Martial proceedings. On another rela names of 15 persons who are suspec s in this case were provided to Mr. for flagging actions, pending res lution. I will continue to follow-up with CID d appropriate internal elements to coordinate and further advise you on this matter MAJ Deputy Provost Marshal 88th Regional Readiness Command E-mail: usarc-emh2.army.mil DSN: 783 Phone: 1 Fax: (612 Cell: (61 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original .17-' From: LTC (USARC SJA) (WO Page 159. 0235 0 #1.txt Sent:.February 11, 2004 6:20 PM wednesda. To:.TC (88 SJA) Cc:.COL (88SJA); dallENIMMIOCOL (88SJA); OL SARC SJA) Subject:.RE: Status of 377th MP Company Investigation LTC111111111111thanks. I'm trying to get a hold of LTG HelmlyAo brief him on this issue via phone. will keep you updated. V/R, LTC agan1111. Deputy Staff Judge Advocate US Army Reserve Command (404).DSN 367-8058 Fax:. 04) Secure: (404) . Ori inal Messa e. From:.TC (88 SJA) Sent: We nes ay, e ruary 11, 2004 6:37 PM To: B ichael W BG (88 CMDGRP CG) Cc:.COL (88sJA);4119,1111111111pcoL (88s3A); 011111111111FTC (USARC SJA);.COL (USA Subject: RE: Status of.MP Company Investigation BG Beasley- This is what Iw thus far, which was provided to me via telephone today by Special Agent. of CID HQ in Fort Belvoir: Ct st igating the deaths of two detainees in Afghanistan. The deaths occurred in Dec 2002. The two detainees were apparently in the custody of members of our unit - 377th MP Co. According to CID, 15 members of the unit along with additional members of an MI unit (not belonging to us) will be listed as subjects in the report of investigation. The deaths have been ruled homicides and the medical examiner reported the cause of death as blunt force trauma. The two detainees had been in Us custody less than. CID has been i. days in one case, 5 days in the other case. The detainees apparently received medical examinations upon being taken into custody and were determined to be in good health. Approximately 81 people have been interviewed. Some of the MPs requested counsel; some made statements, including admissions/confessions. Apparently one MP acknowledged hitting one of the detainees approximately 30 times with his knees. According to G-3, the 377th is not currently at mob station nor pending re-mobilization. They were released from mobilization approximately March 2003, about the same time that the medical report was released. I do not have names of individuals but hope to have those by tomorrow. COL 411111111111is informed; we have been on the hone much of the day. I've also informed LTC.the 300th's CJA. COL.suggests that the OSJA become the clearinghouse or handling information an contacts concerning this investigation within the command and with outside agencies, with the exception of any media requests which of course will be referred to PAO. Please let me know if you wish the OSJA to be the POC. I have not cc'ed the other parties listed on MAJ Ryan's email below due to the sensitivity of this matter, but will forward to them upon your directive. At your direction I called USARC OSJA thi afternoon. I informed LTC1111. Deputy SJA; COL.(SJA) is on leave. LTC. will inform LTG Helmly. we iscussed Page 60 nt-)nr'1/2 I kJ. 1- #1.txt the possibility of bringing Fort Leavenworth's OSJA into the picture as that office bears responsibility for court-martial support for the maj.f the 88th's geographic region, including Minnesota and Michigan. LTC.ad no objection to that. He also mentioned the possibility that Centcom or c. 80 might wish to take up this case, being the AC command responsible for the region where the offenses occurred. CID Agents will brief MG R der, CID Cdr and Provost Marshall of the Army, next wed, 18 Feb. As noted in MAJ.email below, they would li-ke to brief you some time-- after that. They have su. ed that someone from our office come to Belvoir to get a more detailed brief including review of the extensive case file, which the agent suggests will take at least a couple of days. LTC9111111. said his office would likely send a member of their military justice office along. Fort Leavenworth JAG may want to attend as well. For a quick summary of jurisdictional issues: You have Special Court Martial Authority, which allows up to 1 yr. confinement and a Bad Conduct Discharge; General Court-Martial Authority resides with the AC or LTG Helmly. However, according to AR 27-10, any involuntary recall to active duty of reservists for the purpose of pursuing court-martial or Art 32 investigation (preliminary requirement to a General Court-Martial) requires the order of an AC GCMCA. In addition, before any reservists can be confined, either pre- or post-trial, the Sec Army or his delegate must give authorization, which in practical effect means requesting Sec Army approval prior to bringing any reservist on active duty for the purpose of pursuing court-martial. My apologies for being this lengthy. I await your questions and directives. V/R, LTC gm PS. My cell phone is1111.11111111 if you wish to speak to me during off-duty hours. 4011111111111.0 LTC, JA, Deputy SJA 88th RRC 506 Roeder Circle Ft. Snelling. MN 55102 Tel: 612­ Fax: 612 Ori incl message From: MAJ (88 DCS, G2) Sent:. . We nes ay, February 11, 2004 10:09 AM To:. Beasle Michael W BG (88 CMDGRP CG) Cc: Mr (88 CMDGRP DMS); Richardson, Douglas G BG (88 CMDGRP DCG); Payne, SM (88 CMDGRP CSM 300MP); COL 88 CMDGRP COS); JA); COL 88SJA COL ( Mr (88RRC, 300MP); CW.C GRP) u•ject: of 377th MP ompany n estigation Importance:.High Sir, The preliminary investigation by CID Command of t e 3 th MP is complete. The investigating agents will present the case to MG R •er, he Provost Marshal General on or about 15 Feb 04. Near the end of Feb, they in end o brief BG Payne. I informed CID that you most likely would want to take uth•rity for any UCMJ actions arising from the investigation, or alternativel , you oul make the call whether BG Payne should retain it. The lead CID Agent,.uggested SJA and PMO participation in the briefing when it occurs..also suggested our SJA travel to Fort Belvoir at some point prior to their brie ing of you, to review the entire file to better advise you on potential Courts Martial and/or non-judicial punishment. Page 161 #1.txt Further CID investigation of this matter will depend on whether you decide to pursue Courts Martial on any of the suspects. Their further investigations will be to support those Court Martial proceedings. on another related issue, the names of 15 persons who are suspects in this case were provided to Mr. . for flagging actions, pending resolution. I will continue to fol..nd appropriate internal elements to coordinate and further advise you on this matte MAJ Deputy Provos. arshal 88th Regional Readiness Command E-mail: @usarc-emh2.army.mil DSN: 783 Phone: 1 Fax: (612 Cell: (61 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original moNAMMOMMII From:.MAJ (88 DCS, 42) Sent:.lay, February 11, 2004 10:09 AM Wei ulmilrer...w To:. Beasle , Michael W BG (88 CMDGRP CG) Cc:.Mr (88 CMDGRP DMS. Ri hardson Douglas G BG (88 CMDGRP DCG);.CSM (88 CMDGRP CSM.COL (88 CMDGRP COS); Payne,.88RRC 300MP); COL (88SJA);.COL ( 411,11.1111111111 OMP);. ) jec.us of 377th MP.Investigation High Importance:. Sir, The preliminary investigation by CI Command of the 3 th MP is complete. The investigating agents will present. e case to MG Ryder, the Provost Marshal General on or about 15 Feb 04. Near the nd of Feb, they intend to brief BG Payne. I informed CID that you most likel would want to take auth•rity for any UCMJ actions arising from the investigation, or alternativ-.wou d make the call whether BG Payne should retain it. The 1 ad CID Agent,.suggested SJA and PMO participation in the briefing hen it occurs. Agent. also suggested our SJA travel to Fort Belvoir at som point prior to their briefing of you, to review the entire file to better advise you on potential Courts Martial and/or non-judicial punishment. Further CID investigation o this matter will depend on whether you decide to pursue Courts Martial on any of t e suspects. Their further investigations will be to support those Court Martia proceedings. he names of 15 persons who4are suspects in this case were provided to Mr..for flagging actions, pending resolution. I will continue to follow-up with CID and appropriate internal elements to coordinate and further advise you on this matter. Page 162 On another related issue. 023513 #1.txt MAJ IMO Deputy Provost Marshal 88th Regional Readiness Command E-mail:.usarc-emh2.army.mil DSN: 783 Phone: 1 Fax: (61 Cell: (612 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain sensitive but unclassified information or Privacy Act data. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original Page 163 0 2 35