JAG CENTRAL

From the NY Times, 3 Set to Hang as Executions Return to Iraq ("Three men convicted of dozens of rapes, kidnappings and killings in the southern city of Kut, in one case displaying the eyeballs of an Iraqi soldier to obtain payment for his murder, will be put to death by hanging in the first execution by Iraq's civilian courts since the fall of Saddam Hussein, Prime Minister Ibrahim al-Jaafari said Tuesday."), and Officer Says Military Blocked Sharing of Files of Terrorists ("A military intelligence team repeatedly contacted the F.B.I. in 2000 to warn about the existence of an American-based terrorist cell that included the ringleader of the Sept. 11 attacks, according to a veteran Army intelligence officer who said he had now decided to risk his career by discussing the information publicly. The officer, Lt. Col. Anthony Shaffer, said military lawyers later blocked the team from sharing any of its information with the bureau.").

From the USA Today, Fired General Refused to Avoid Woman, Army Says:

The Army's decision last week to dismiss a four-star general accused of adultery while separated from his wife became easier to understand with the emergence of more facts, some military legal scholars say.

Gen. Kevin Byrnes, who was relieved of his command as head of Army training, disobeyed a direct order to break off contact with the woman, Army Col. Joe Curtin said.

Curtin said Byrnes was fired for ignoring that order and for violating the military's adultery regulation.

Military rules prohibit a married or separated servicemember from having a sexual relationship with anyone other than the spouse until a divorce is final.

Byrnes' divorce became final last week. When the Army announced Byrnes' dismissal Aug. 9, it cited only “personal conduct” as the reason.

The new information, some former military lawyers say, clarifies the Army's decision to fire a commander who was three months short of retirement.

Scott Silliman, a retired Air Force attorney who teaches law at Duke University, said Byrnes made a serious mistake by not breaking off contact with the woman when his superiors told him to do so.

Silliman said Byrnes' failure to follow the order would be considered an “aggravating circumstance” that contributed to his dismissal.

James Swanson, a retired brigadier general and former Air Force attorney, said the military expects “generals to lead by example.”

“If you are unable to do that, I don't see where your bosses have any choice” but to impose punishment, Swanson said.

Military officers who are promoted to general get special training about the hazards of personal misconduct. Known as “charm school,” the courses outline the higher expectations for generals and the kinds of misconduct that can get them in trouble.

Categories: Byrnes, Adultery, Iraq, Death-Penalty, 9-11, Military-Intelligence, Newspapers