Military Judical System Part 2

Episode Transcript

Gary (00:00):
Hello.
and thank you for tuning in tomy podcast.
it's been a trying day to day.
I don't have my mic funk, Ican't find the cord.
I was recording, I doing a tripand so I'm just gonna use my
computer, audio and we can gofrom there.
The main thing is to understand.
The purpose behind, what I'mtrying to do and the long term
effects.

(00:21):
it really doesn't really mean,how, what happens or the
challenges in production.
I'm new at this, but it's veryneeded.
I'm not the only voice outthere.
talking about these types ofthings, to illuminate, military
illumination.
before we get started, I wannashare a conversation I had with
a young lady, a senior, my lifehas revolved around working with

(00:43):
youths at different parts oftheir life, either sports or
with church.
she was telling me about hergraduation year and how it was
going, and her plans she wantedto be in nursing, wanted, to go
to community college and off toa four year university.
But then she said, I'm alsothinking about joining the
military.
my insight and the reason whyshe would go to the military is
to pay for college.
they're under this notion basedon advertising that the military

(01:07):
is gonna pay for your college.
That's just a Venus fly trap.
after I shared my insight thestudent said thank you because
all she hears is the good stuffof the military from the
recruiters, from the ads, right?
So she just really was happy tohear the other side, I can tell
that conversation with her, thather thinking her ideas about the

(01:29):
future I flipped the script notto change her mind, but to give
her something to think about.
that conversation.
told me what I'm trying to do ison the right track./ I'm not
trying to get people away fromthe military, I want them to
understand what they're gettinginto.
I said, Hey, you know what?
Go get your degree.
Go get your college.

(01:49):
Get it outta the way.
Go in as an officer.
Maybe through the ROTC program,now she's got time to think.
to be a teenager, a young adult,around, positive people, getting
her degree, her mind is gonnashift.
I know when I was in, my mindshifted, but I couldn't do
anything sitting in a hole attwo in the morning.
I knew I didn't wanna do thismuch of my life.

(02:10):
So it was to get'em away fromthat.
Hurry up, make a decision senioryear take a break, see what's
out there, and then make yourdecision.
That's what we're really allabout.
I don't know what kind of,that's what I am about.
So anyways, that's my tune in.
I guess a lot of times I just gofrom my heart but I wanna share
with you This website or mypodcast, I tend to have a basic

(02:32):
overview not trying to changeminds or give details, I want.
When I say them, I'm talkingabout the students.
Okay?
Or young adults or even peoplewho know these people, okay?
They think about it.
That's what this is all about.
Letting'em know what's outthere.
Open their eyes up.
I know it had to happen with me.

(02:52):
I would've never joined themilitary.
for two reasons./ I don't likebeing controlled.
welcome to MilitaryIllumination.
Let's get started.
it's a podcast that would helpyou decide and if the military
option is right for you orsomeone you care about.
I'm your host, Gary.
I'm a veteran.
and I share my journey andheartaches.
To help you navigate the trapsand danger of military service,

(03:13):
I provide information aboutmilitary recruitment, traps,
benefits and lifestyles weilluminate the truth behind
military benefits and issuessurrounding the military
lifestyle, turn on the lights toshow the dark secrets of the
United States Armed forcesthrough experiences, historical
data and military admissions.
make an informed decision aboutenlisting or recommending it,

(03:35):
especially if between 18 and 24years old.
learning this information whileyou're in the military or going
through a negative situation.
By that time, it'll be too late.
Let's turn on the lights.
this is part two of themilitary, justice system, judge
Advocate General.//Okay.
did my first part.
my last, this is part two we'regonna deal with the parts,

(03:56):
people, roles and how theyimpact what is judicial
appropriate, what is correct.
Let's review.
the fundamentals.
when joining the militaryunderstand the fares doctrine.
You gotta know it, like you knowit.
F-E-R-E-S doctrine, It is afoundation for everything It

(04:17):
flushes away anything.
you think is fair and practicaland within the Constitution, it
reduces you to a line item on apay sheet.
when we talk about the fairdoctrine, we look at is this.
The congressional leaders,that's the first person that
they would a person would go toif they're having problems in
the military.

(04:38):
That's a old myth, right?
Your congressman, and.
Wrong answer anyways, theFairies doctrine was created
through the Tort Claims Act.
the same people in 1953 enactedit.
What makes you think they'regonna care about the soldier or
the airman harmed by themilitary.
They're not congressionalleaders.

(04:59):
Congress passed that law.
Civilian courts, get their handsoff.
Okay?
They're based on the fares.
Doctrine means that they'regonna allow the military to do
what they want You can bring acase to court.
pay all the money.
go to the Supreme Court.
in the end, You're gonna lose,the person's gonna lose.
Everybody knows that except theperson's going through it.

(05:21):
Why?
they're thinking of theconstitution.
their legal rights protection ofthis country.
they can't be held accountablebecause of the fer doctrine,
which means They don't have togive you justice.
They may make it look like it,but in the end.
You're not gonna get anything.
look at the court cases in theSupreme Court cases that shows
you that you can just talk topeople, so when we look at that,

(05:44):
the military has autonomy toself govern.
Meaning you can do what whateveryou want to do, and no one's
gonna bother you.
So that's the first thing youwant to always understand.
That's the foundation for themilitary and hinges on the
fairest doctrine.
It's weakening a little bit, butin, unless you have a high
massive profile case where theycannot run and hide, you're

(06:07):
gonna a person who averageperson in the military is gonna
be, and their family is gonna beaffected by it./ The second
thing is, when we talk about thefirst doctrine.
What we talking about themilitary, they're always talking
about, oh, esprit corps orcountry, patriotism, service, in
the Kool-Aid, but what theydon't tell you, Don't look at
what they're saying in print orwhat they say verbally.

(06:30):
What was there actions that youhad to look at in really court
really quick?
The Ferris doctrine was threecases where the military rung
somebody, the military rungsomebody, either through
medically or the biggest one.
names like Lieutenant RudoFerris, who was killed in a
barracks fire.
Military acknowledged they werenegligent.

(06:51):
here's a poor widow with a youngchild seeking denied This wasn't
a soldier, this was a familymember.
They turned away a spouse of asoldier that was killed in a
building owned by thegovernment.
It was negligent.
Think about that.
All the two medical cases, samething.

(07:13):
you're signing up for when youjoin the military.
let's move on./ And the secondthing you really gotta
understand is I want you to drawlike a Venn diagram.
If you don't know what a Venndiagram three circles.
In one circle, put the civilian.
there's legal, lawsuits, medicalmalpractice, dental, retirement,
unions, benefits if wronged byyour employer, you can sue if
sexually harassed or assaulted,you can bring that case to court

(07:37):
you can be heard andcompensated.
Medical right?
Really good.
why?
everybody's afraid of being suedfor malpractice retirement, good
Unions represent the person inthe employer.
Now, think about the military.
this is Very simple.
Just flip it.
Everything you know about thecivilian sector flip it around

(07:59):
and it's gonna be opposite.
It doesn't exist in military.
You can't bring lawsuits.
medical is marginal at best.
unless you are the president Thedoctors are getting their
minutes in into the publicsector.
It's not the same, not comparingapples to apples.
The cares the everything withinthe military system.
Yes, they say they have it, buttruly it's not.

(08:21):
I'll bring these out more when Italk about benefits.
The only thing common betweenthe civilian sector and the
military is If you can see it asopposite, then you are in the
right track.
And if you can live with that,better you than me, even though
I did do it, but I don't know,six months into it and I want it
out.

(08:41):
I saw the devil in the writings.
understanding the JA systemprior to the military.
You really gotta understandthat.
they'll sit you down about JAGUCMJ and you say, okay, no big
deal.
A person will equate it to whatthey know in the civilian
sector, right?
the injustice in the civiliancourt systems versus the
military court systems, there'sa higher rate of incarceration

(09:02):
of people of color You can't beperfect, it's better than most
countries.
the injustice in the military,it's injustice on steroids.
Okay.
It's, I don't know, I guessbetter, as you can say it, it's
justice in the military's, likejustice in the communist
country, you have no rights.//Let's move on.

(09:23):
another difference in the courtsystems.
in the military, you have thetrial counsel.
who's gonna be bringing the caseto prosecute you.
They're similar to theprosecutor in the civilian.
The trial.
The trial counsel is theprosecutor.
They just call a different name.
Sounds like the detail orassigned counsel.

(09:44):
It's like the public defender.
This joke about the publicdefender is if you get a public
defender, you might as just goahead and go to jail.
Public defenders are, cuttingtheir teeth too.
They're just getting started.
And usually they're the, youdon't want a public defender
when you in civilian sector.
ideally they're getting paidfrom the same pod as the
prosecutor what type of justiceare you gonna get?
It is bad enough that you havean attorney that has in, that

(10:07):
has a relationship with theprosecutor or the defense, the,
public defender who can workagainst you.
the detailed counsel isappointed and they're similar to
the public defender, which meansthat the level of instruction,
the level of legal support isminimal.
they're just there symbolically.

(10:27):
in the civilian sector, theprosecutor's office will, they
basically determine what's gonnabe brought for trial, where
they're gonna charge somebody,it or not.
And the military, in most cases,it's the, it is the commander.
It's a local commander to unitcommanders that will decide the
type of justice, who will becharged and what will be

(10:48):
charged.
They'll be the driving forcebehind it.
So in the civilian sector, youhave almost a separate entity
who's determining the fate.
In the military, the same personwho's in your command is
determining your fate.
And Trent, I'm going, I'm goingto, digress real fast here On
the website I went to was theDepartment of Defense website of

(11:13):
the United States Government,department of Defense, victim,
DOD, victim and witnessassistance./ if a person was
having challenges, they'dprobably Google it and this
might pop up, The website wasvery basic, thorough.
it highlights the high level ofinjustice within the system.
The commander may choose to takeno action.

(11:34):
The circumstances surrounding anevent act actually may warrant
that no adverse action Thepreliminary inquiry might
indicate the accused is innocentThe only evidence admissible, or
the commander may decide validreasons exist not to prosecute.
The commander may initiateadministrative action against a
soldier.
The commander might determinethat the best deposition for

(11:55):
this offense and this offenderis to take administrative rather
than punitive action.
Administrative action is notpunitive and carried instead is
meant to be corrective and realrehabilitative administrative
actions include measures fromcounseling or reprimand to
involuntary separation.
you can go on this website, andthis is what he is saying from
this standpoint based on what Iunderstand.

(12:16):
the commander determines whathappens.
In the case of my friend, Theyignored the evidence.
Lieutenant Colonel BrettDockery.
it's an open door policy forabuse and discrimination.
A person doesn't even have to doanything wrong for decision.
Take place.
My friend, the only thing thatperson did was to tell the truth

(12:40):
on the stand and in their job.
They were part of theprocurement system in the
military.
That's it.
So if you're always thinking,oh, maybe you gotta do something
bad, no, you don't have to doanything bad.
You don't have to.
You just gotta be on the shitlist of your commander.
I dunno if I can do that.
I wanted that rating.
I want you to understand you'renot judged based on what you do.

(13:01):
You're judged based on howsomeone sees you.
in the transparent system ofcivilian courts, it's
transparent, everything isrecorded.
There's nothing hidden.
Any outcome, it's there.
But in the military, it'sveiled.
That's all I get to say.
It is veiled and it's lot ishidden through the various
doctrine, releasing information.

(13:22):
And finally, civilian court,there's accountability.
If a judge doesn't thinkinappropriate, if a lawyer
doesn't think inappropriate,they can be held accountable./
The military, they haveautonomy.
They won't be held accountable.
So when you're thinking aboutthe military service, thinking
about the judicial system, whatyou become part of, just because

(13:43):
you being you, alright?
And probably in the, a lot ofpeople, I'm noticing I'm getting
started.
A lot of this stuff is eitherpeople are listening to my
podcast are either outta thecountry or on the East coast.
Chances are you're gonna run toa lot of people who are in Jag,
right?
And they're going to, they'regonna say things, they're gonna
say, probably throw meunderneath the bus, right?

(14:03):
Or, I don't know what I'mtalking about.
Just look at the facts.
I wouldn't have thought about ituntil I walked through the fire
and seen it firsthand.
what should you know about themilitary?
The military is not required tofollow the rules.
They're sneaky.
I think one thing that they'resneaky about is when even a
person goes into the military isthat if they don't finish the
schooling they went in for, orthey don't qualify or pass the

(14:26):
courses to get the job they werepromised, the military can put
them anywhere.
Okay.
I seen them put a kid.
Who had a, who wasn't very smartthey were gonna put him on a
nuclear sub as electrician, buthe had to go to school first.
I knew that student was not nowthat he was done, but I just
knew the military and sureenough, he didn't Now he's a
cook.

(14:47):
they don't tell you that.
They just say, if you don't passwe'll put you.
Everybody laughs Until ithappens to you.
the military is not required tofollow the rules.
The system favors officers onething I talked about was how
they recruit, if you don't getqualified through schooling, and
once you get in the military,they don't put you someplace
else.
The jobs no one else wants andno one they can fill.

(15:09):
That's how they fill those jobs.
if they're promised a job in themilitary and you, and they, you
do not complete the course forwhatever reason, and it could
just be reasoning that they justneed to top 20% of the people
and they'll put you in asituation where you're gonna
fail, then they gonna put yousomeplace else for your entire
time doing what you didn't wannado.
Think about that.

(15:30):
You can sign up for two or fouryears, but they got you for
eight years.
you can do three years activeduty and then they can call you
back when they want you.
That's not being truthful.
You go in the military, tied tothe government it shows the
person in the military is at themercy of the process.
once you're in, you're lockedin.
almost like a game withofficers.
It really is.

(15:50):
It's like they can just toy withyou because you look their
property, it's a slave owner andslave mentality type of thing,
You hit all these people, you dowhatever you want with them and
no wasn't gonna hold youaccountable.
So everything with my friends, Iwas talking with that person
that hit him, a couple weeks agohe hasn't listened to my
podcast.

(16:10):
trying to get through it, Butme, I have too much connection.
this thing with him waspreventable.
It shows the nature of themilitary.
Lieutenant Colonel Brett Dockerythe first of 168 Aviation
Battalion at Fort Lewis inNational Guard.
Okay.
He also, eventually, he becameBurier General and he was over
the, he was the ENT general, Ithink he's retired.

(16:32):
I don't know who he's workingfor, be careful.
was the executive officer of the1 68 Aviation Battalion.
Bennett.
Dwight Williams the militaryjudge.
General Barlow.
General Leitz All these peoplecould have stopped it.
the issue had nothing to do withevidence.
It had nothing to do with thecrime being committed.

(16:52):
It had to be retaliation foragainst a soldier who refused to
lie and doctor the books tosupport these people when they
were targeting another soldier.
That's it.
But Commander Dec decides this.
At this point the commander wasBrett Dockery.
He was forcing these people intoplay.
David Bennett William,Christensen and Goodell.

(17:14):
Goodell was the detailedcounsel, Christensen was the
trial counsel.
Donald Bennett was the trialcounsel, jumped ship.
could have avoided it.
They prevented it Now let's talkabout the legislative people.
Jonathan McCoy, AssistantAttorney General Christian
Gregor, the Attorney, generalSenator Pata Murray, the
Washington representatives.

(17:35):
Washington Senators Senator AdamSmith.
Gary Luck.
national Guard Bureau,department of Defense, US
President All these people couldhave stepped in, stopped this
abuse, but because the system isset up, they didn't have to.
Everybody understood what washappening, but nothing they
could have done Most people,Adam Smith Patty Murray.

(17:58):
they're untouchables.
When a person goes to theseoffices, they're talking to an
entry level person who has no,nothing better to do.
They didn't do nothing.
Okay.
They're government employees.
But there was an email, I gotthe file from my friend, to the
government's office.
I said, lemme see the file.
Lemme see what you, what theyhave, what's been going on.

(18:18):
There was probably four, threeor four pieces of paper in
there.
All this was happening oncommunications.
There was nothing in that file.
They weren't doing anything.
But there was this email betweenthe government's office liaison,
and Washington National Guard,counterparts.
It says, what are you guysdoing?
Do you realize illegal issuesthat will come from this?

(18:41):
Think about that.
This was the office email.
What are you guys doing?
Do you realize that?
I'm paraphrasing now.
I'm gonna ask my friend for theactual one The National Guard
Bureau Department, knew, but alot of times you're dealing with
entry level or second tierpeople.
You're not dealing decisionmakers.
these people just push paper.
Nothing goes up.
And if it does, goes up.

(19:02):
And matter of fact, with one ofthe things he said that Patty
Murray's frontline person saidthey did not read the
documentation They sent a packetand didn't read it second they
cannot tell another governmentagency what to do.
Think about that.
that's what they said on thephone.

(19:23):
You cannot tell anothergovernment agency what to do.
If you draw a circle, put themilitary right.
Then the second circle, like abullseye, like a target.
The black party gonna be themilitary.
The next one's gonna be the, theFerris dock.
Then the courts.
Then your legislative leaders.
Then the government.

(19:43):
All these layers are insulatingthe military./ I use the names
of people who committed theseoffenses to show the players
types and rules.
not to demean them, but they'rethe ones who did it The game
doesn't change only the players.
it doesn't matter who's in thoseoffices, this is what's gonna
happen.

(20:03):
I'm naming a perpetrator toeliminate the truth, like rats
and cockroaches who run when youturn on the lights.
So people like these, the peopleI mentioned will run by denying
the truth The intended effect isensure.
Why do I do it again?
To ensure young men and womenconsidering military as an
option towards their ultimategoals and dreams will be

(20:25):
forewarned and tell the truthbefore they make the mistake.
Join be.
I think I tell these people,join people.
I'm not anti-military.
We need them.
Somebody's gotta do theunthinkable.
I tell'em things they say in themilitary, you either killing
somebody or you're helpingsomebody kill somebody.
when I say that, their eyeslight up because they, think
about, oh, I'm gonna go andlearn a trade.

(20:46):
I'm gonna be a truck driver, amechanic, a nurse.
you're either killing somebodyor helping somebody kill
somebody.
If you're gonna join,'cause youwanna fight, be a soldier,
sailor, military person.
airman, marine they don't needto entice you, that you wanna
serve in the bottom of yourheart.
That what you want to do is bein the military and you don't
worry about the things thatNICoE happened to you.

(21:08):
You accept them, right?
I tell'em don't do in themilitary because of the benefit.
And the big one is paying forcollege.
Don't join the military.
you have a goal dreams, and apath you want there's a lot of
things available rather than themilitary.
things that won't take awaytheir freedom, won't take away
their justice, won't take awaytheir legal rights.

(21:30):
I won't leave them behind, leavethem afterwards with a severe
post-traumatic stress disorder.
if you're talking to a youngperson, just tell them, do their
work due diligence, right?
If you're a young personlistening to this, right?
factor this in and think aboutthe melody.
If you're a high school student,you have options.
You have more options than youthink you can achieve the same
thing as they're offering in themilitary, but without giving it

(21:52):
your freedom, not giving it youridentity.
when a person is in themilitary, You're serving in a
system of injustice, lies, anddiscrimination.
I hate when I tell people I'm aveteran.
it comes out in context and thenwhen the worst I address,
especially around veteran dayis, thank you for your service.
Oh God, that just grinds on me,right?

(22:14):
We have military pee.
I mean it, they can think it forthe service by getting rid of
the doctrine.
talking to Congress about notreducing tax burdens on
veterans.
stop paying taxes on yourretirement.
I'm not gonna get it.
I apologize.
It's interesting you're payingtaxes on the money you're
getting.
And the money you put into yoursystem.
So you're paying taxes bothsides.

(22:35):
Most civilian retirements don'tdo that.
You either pay it when it goesinto your retirement or when it
comes out, another way themilitary gets screwed.
That's just a sidebar.
Ooh.
look at, I wish people startthinking what they should be
saying is, thank you for yoursacrifice.
Do you have PTSD?
that's personal.
just say, Thank you for yoursacrifice.

(22:56):
It is a sacrifice, okay.
You giving up who you are forthis country and most of the
time you're giving it up.
Not knowing is taken from yousecretively.
Anyways, I think a good movie towatch something, a good
Hollywood insight would be, afew Good Men.
the soldiers win their caseagainst the officer, They won
against their commander, butthey were still, but they were

(23:19):
still kicked out.
They were still mistreated.
they still paid the price.
that's what I'm saying.
Jack Nicholson.
the soldiers that died.
look at Hollywood, they usually,put up hard to believe stuff.
But the basic content has to getrent in the military or
government.
It's true.
So you go look at the, a few menreject Nicholson.

(23:41):
And this enlisted guys, theywon.
They won, oh, Jackie, got lockedup or whatever, but spend time
if it, went out.
the soldier was stillmistreated.
kicked out.
Seldom will they show enlistedmembers getting justice.
A lot of times when they showJag, you know, Hollywood version
of Jag is something else there.

(24:03):
Anyway, I'm not go there.
The benchmarks, the benchmarkis, Lieutenant Rudolph, Farris
and other cases brought up bythe doctrine.
this shows what the military isabout.
here's My version of acommercial, there's some
websites I find highly,something that highly recommend.
one called Save Our ServiceMembers.
it was founded by a group ofgold star and military families.

(24:25):
With a loved one who either diedor was seriously injured at the
start of their military careers.
They did a great job explainingit, talking about it.
Once again, that's what theyfocus on, right?
I'm the overview, the big guy,the overview guy and guy.
So if you get a chance I willput the website in my
transcripts.
It's save our servicemembers.org.

(24:46):
Slash farris slash doctrine, youcan go ahead and put down save
our service member.org/farrisdoctrine.
Go check it out.
another one, is the NationalNetwork Opposing Militarization
of Youth.
I work to demilitarize ourschools and protect our students

(25:08):
and their students.
The national network opposingthe militarization of youth.
it comes down to, and I think itis counter go check it out,
counter recruitment information.
It's a great source ofresources, it tells the truth,
gives you it.
Just best way to say it is that.
It touches on everything I'mtalked about, but it also gives
you a course of action.

(25:29):
Can you, if you do delay entry,can you refuse to go?
we need to get these militaryrecruiters out of our schools.
They're coming in there withtheir uniforms all and their.
Just like even can, it's like apedophile giving can to your
kids.
anyway, it is gonna be NNOMy.org okay?
That will get you nationalnetwork opposing the
militarization of youth,calendar recruitment.

(25:52):
I also put this in here, NNom.org index or put on
recruitment.
National network opposing ofmilit opposing the
militarization of use.
Two great websites to go to.
Alright.
It's really explains a lot ifyou know a young person thinking

(26:13):
about the military, thosewebsites will give them the
other side of the story.
decide to join the military,more power to them.
But now they'll know.
when they get in and somethinghappens, they're not surprised
It does change the landscapewhen you know this is part of it
and it's not because of you.
a young lady who gets sexuallyassaulted by somebody in her

(26:33):
command knowing sexual assaultsare high in the military, in
2003, 6% of people came forwardof the men women.
Yeah, and I know there's somemen in there involved too,
right?
1824.
That comes down to even an army.
my computer went off so I lost abit.

(26:53):
what I was saying was that 6%sexually assaulted comes in
almost 16,000 in a year, andthat's just for one branch.
sexual assaults are common insociety, That's over a lifetime.
In the military, we're talkingabout three to eight years.
knowing what you're getting intobefore can save a lot of

(27:14):
heartache.
if a person goes in it's notlike everybody's gonna get
sexually assaulted, but you'retalking 16,000 times four in
five branches.
That's a lot of women men.
guess what?
That's just the ones comingforward.
Now looking at the militaryjustice system based on,
discrimination and injusticeWhat is the process the person's

(27:35):
gonna run into?
In many cases, the perpetratorsare in the chain of command what
I want you to understand is inthe military.
Don't expect justice, the rightsjustice constitution, it doesn't
exist, the sooner a personrealizes that, the better off
they're going to be.

(27:55):
Yeah, I would say there's a lotof people retire.
They're the lucky ones, There'sthis thing called the 19, 19
year itch.
They must start trying to getpeople out before they retire,
and that's a whole differentpodcast.
But anyway, I want to thank you.
It is longer than usual.
I wanna thank you for joining inlistening.
And hopefully you got someinformation out of it.

(28:16):
tune back in and we'llilluminate others, other things
that's gonna help you understandwhat you're getting to.
Have a good day.
Bye./