Showing posts with label court martial. Show all posts
Showing posts with label court martial. Show all posts

Saturday, November 3, 2007

Harvey Tharp, former Navy Lt, Iraq veteran - Why The Army is running scared in court martials (An analysis of the Watada and Israel War Resister cas

Harvey Tharp, Navy Lt. who resigned his Commission, provides an analysis well worth considering. And with that, I'll leave a link to his blog and not try give an analysis via harvesting his analysis.

Harvey Tharp was one of several Iraq veterans who were invited and came to Washington state to give testimony in support of Lt. Watada at Citizen's Hearing.

Harvey Tharp's PTSD and Bipolar Recovery Blog: WHY THE ARMY IS RUNNING SCARED IN COURTS MARTIAL (An analysis of the Watada and Israel War Resister cases)
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Friday, April 20, 2007

Soldier's Choice - Court Martial instead of Mental Health Services

First it was the horrors of Iraq. Now, Rob Withrow is locked in a fight with his own Army superiors. He wants mental health treatment -- they want him to face a court-martial

Broken Warrior, One Soldier's Struggle

article in Seattle PI
Broken Warrior: One soldier's struggle

Saturday, April 14, 2007

By CAROL SMITH
P-I REPORTER

Rob Withrow was a good soldier until he got back from combat duty in Iraq.

Now by his own admission, he is no longer anyone's idea of a model fighting man. He screwed up, and he's screwed up -- an assessment the Army would agree with.


But that's where their agreement ends.

Withrow wants mental health treatment. He has tried to commit suicide four times since returning from Iraq. He has been hospitalized in Madigan Army Medical Center's inpatient psychiatric unit on multiple occasions and is currently on a cocktail of antidepressants and psychoactive drugs. He is a month out of treatment for an addiction to narcotic pain pills that he began taking to "numb out" the month he returned from Iraq and he does not fit the Army's new criteria for deployment.

But now the Army wants to redeploy him to Iraq, and court- martial him over there. The charges stem from his pattern of not showing up on time, or sometimes at all.

Withrow's case raises questions about how the Army handles soldiers with psychiatric illnesses, particularly PTSD and depression and whether discipline, or the threat of it, interferes with treatment.

Since his return from Iraq in November 2004, Withrow has received multiple Article 15s -- the Army's form of non-judicial punishment -- for disciplinary issues related to "patterns of minor misconduct." He's been reduced in rank from sergeant to private.

If he is discharged for misconduct, he will lose benefits for his family, which is already facing a financial crisis related to his demotions.

"I'm not going to candy coat it," Withrow said. "I'll take responsibility for my part. I have purposefully not gone to work."

At the time, medical records show he was struggling with depression, anxiety and post-traumatic stress disorder. He repeatedly informed doctors that he was late or absent to work because he was having difficulty waking up, in part because of powerful sedatives prescribed for sleep disturbances.

Still, prosecutors have indicated their intent to court-martial him in Iraq, said Capt. Geoff Deweese, Withrow's defense attorney.

"I think it would be absurd for them to do that," Deweese said. "You don't bring someone with this kind of instability to a combat zone and risk harm to himself or others."

Culture clash?

The military's handling of mental health problems has come under intense scrutiny after an increase in the number of soldier suicides in Iraq in 2005. According to the Army's most recent Mental Health Advisory Team Findings, the suicide rate was 19.9 per 100,000 soldiers in 2005, up from the year before. That review led to new mental health screening policies and more stringent criteria for sending soldiers to war with pre-existing mental health diagnoses.

"Severe mental disorders, such as schizophrenia, bipolar disorder and severe depression, preclude deployment," Col. Elspeth Ritchie, the Army Surgeon General's Consultant on Psychiatry, said in an e-mail. "Soldiers may not deploy on a variety of types of medication, to include lithium, antipsychotic agents, and anticonvulsant agents."

But for soldiers such as Withrow, the reality after they return from deployment is that behavior stemming from mental health problems can result in disciplinary action rather than treatment.

The Army does offer several ways to provide psychological help for soldiers and is in the midst of testing a number of new programs to improve resiliency. Soldiers go through an extensive evaluation two to three months after their return to gauge adjustment back to life on the base and to spot any emerging health issues -- physical or mental -- said Fort Lewis spokesman Joe Piek. The Army also offers confidential help lines and other mental health counseling.

But the military culture, and sometimes the symptoms of depression itself -- fatigue and despair -- can still make it difficult for soldiers to find and benefit from treatment, said Dr. Jonathan Shay, Boston-based author and psychiatrist who specializes in combat stress injuries.

"What you have is a military that's not set up to care for these soldiers," said Tod Ensign, attorney and director of Citizen Soldier, a non-profit veterans advocacy group that has represented a number of soldiers with mental health histories who are being charged with misconduct. The Army, under pressure to keep its troops eligible for re-enlistment, discourages treatment that would deem them undeployable, he said.

If a soldier does seek treatment, often in tandem with discipline issues that stem from PTSD or other disorders, the Army's preference is to discharge them for misconduct or for having pre-existing mental conditions, either of which would reduce the burden on the Veterans Affairs medical care system, Ensign said.

Withrow said when he first tried to get help, he felt like he was getting the runaround. So he gave up.

When his symptoms were bad enough for him to go to the emergency room, he did receive help. But his symptoms persisted, despite treatment. At the same time, he began having trouble in his unit with a commander he perceived as unsympathetic.

Withrow and his lawyer contend that if he had gotten the right help at the appropriate time, his situation never would have escalated.

Withrow says he wanted to stay in the Army. In the midst of all his turmoil, he pleaded to be reassigned to his original battalion in the 3rd Brigade, 2d Infantry Division, which he knew would be going to Iraq again. (It deployed last July.)

"They said they would welcome me back, even knowing everything that was going on," said Withrow.

Now he wants a discharge on the best terms possible for himself and his family. Instead, he is facing a court-martial.

Born on the Fourth of July

Withrow, 27, was born in Gettysburg, Pa., on the Fourth of July. He enlisted in the Army and headed to boot camp 20 days after graduating high school in June 1997. A field artillery sergeant, he planned to make the military his life's work.

In November 2003, he went to Iraq with the 1st Battalion, 35th Field Artillery Regiment. When he returned a year later, he received an Army Commendation Medal for "Exceptionally meritorious service as an air guard during operation Iraqi Freedom."

Prior to returning from Iraq, he had no disciplinary record and consistently received good-conduct medals, his attorney confirmed. A memorandum from his first sergeant with his old brigade noted, "I would gladly serve with SPC Withrow in combat again because I believe him to be a true Warrior."

Tall and lean with trimmed dark hair, Withrow is personable and straightforward while relaying his story, but bluish circles under his brown eyes betray fatigue. In addition to his legal and health problems, he is facing bankruptcy and loss of his base housing. He worries frequently out loud about what will become of his wife and three children if he goes back to Iraq. "I don't want them to wind up on the street," he said.

"When he got back, I could tell he was just different," said Jenny Withrow, his wife of six years.

Like many of his comrades, he said he had images from Iraq burned into his brain -- a mass grave with still decomposing men's bodies layered over women's and children's, fresh bullet holes in his Humvee.

"I would lay in bed at night and wonder if this is the night I get blown up," he said.

Adjusting to life back home wasn't what he expected. He had left when his baby girl was 4 months old.

"When I got back, my daughter -- it's like she didn't know me," he said.

Other guys gravitated to alcohol, he said. "I gravitated to opioids. All I wanted to do is be numb."

In May 2005, short on non-commissioned officers, the Army transferred Withrow to a different unit. But he didn't click with his new command and missed the soldiers he had deployed with. "We were like family," he said. His depression worsened and he started having difficulty waking. He began showing up at the ER with problems breathing from panic attacks. In August 2005, he was diagnosed with PTSD as well as depression and anxiety.

He was also late reporting to work on a number of occasions.

Instead of recommending him for mental health treatment, however, he was threatened with an Article 15 -- a demotion. "They said fix your issues, or we'll take your stripes," Withrow said.

At his request, the Army did switch him to a different battery for a fresh start in September 2005. But the second day with that unit, he woke late again. He said that the night before, he laid in bed and contemplated killing himself.

Distraught, he first tried to cut his wrists. He then tried to drive straight into a tree at full speed with his seat belt off. He swerved at the last possible moment, he said.

"I drove myself straight to the ER instead," he said.

He was admitted to the psychiatric ward and stayed four days before being discharged to full duty, with the understanding he would go through a two-week outpatient behavioral health program.

His commander picked him up from the hospital and offered him a chapter discharge "nice and quiet," but Withrow, who had put in nearly nine years, wasn't ready to give up the Army.

The scope of the problem

Estimates of the number of soldiers who suffer from PTSD and mental problems vary, but most experts agree that the nature of the fighting in Iraq sets up soldiers for psychological trauma.

According to Ritchie of the Surgeon General's Office, an estimated 15 to 17 percent of deployed soldiers experience PTSD and 23 percent experience other behavioral health problems. Others put the numbers higher.

According to a study published last month in the Archives of Internal Medicine, nearly one-third (31 percent) of 103,788 veterans who had served in Iraq and Afghanistan were diagnosed with mental health or psychosocial problems upon their return.

The Surgeon General's Office indicated about 11 percent of soldiers who have returned receive mental health diagnoses.

For Withrow, as his mental anguish grew, his problems with his commanders intensified.

"If I were his commander, I'd be frustrated with him as well," said Deweese, who has also worked as a prosecutor.

At the end of March, Withrow was informed he would deploy this week with the 4th Brigade, 2nd Infantry Division back to Iraq.

As part of predeployment screening, an Army psychiatrist specified his "symptoms are not stable" and indicated he should have "no access to weapons or ammunition, no exposure to combat situations, no exposure to casualties, and was not recommended for deployment."

The issue of whether to send him to Iraq for a court-martial is still pending.


P-I reporter Carol Smith can be reached at 206-448-8070 or carolsmith@seattlepi.com.

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Tuesday, January 23, 2007

Compare excellent blog report at Washblog to 'traditional' media reports Citizens' Hearing tribunal Tacoma, WA

Washblog reporting compared to traditional media reporting on the tribunal this weekend putting Iraq war on trial. Compare it for yourself and I think you 'll agree that the first reports at Washblog far exceeded the reporting that came from 'traditional media'. Reporter account at Washblog are more informative and less opined - actual factual reporting.

An example of excellent Courageous Citizen Reporters at work at the

CITIZENS' HEARING ON THE
LEGALITY OF U.S. ACTIONS IN IRAQ:
The Case of Lt. Ehren Watada
Evergreen Tacoma, Jan. 20-21, 2007


LIVE BLOG at Washblog from the Citizens' Hearing
http://www.washblog.com/story/2007/1/20/134540/099

VIDEO/AUDIO CLIPS FROM THE TRIBUNAL
http://www.wartribunal.org/testimony.htm

ARTICLES, RADIO & RELEASES below and at
http://www.wartribunal.org/press.htm



NEWSPAPERS:

(updated)

WAR ON TRIAL
Tacoma Weekly
http://www.tacomaweekly.com/article/145/1


400 attend forum on Iraq War
Tacoma News Tribune/AP, Jan. 20, 2007
http://www.thenewstribune.com/news/updates/story/6332946p-5519762c.html

Antiwar activists hold hearing
Seattle Times, Jan. 21, 2007
http://seattletimes.nwsource.com/html/localnews/2003534204_citizenhearin
g21m.htmlPanel explores Watada debate

Panel explores Watada debate
The Olympian
http://www.theolympian.com/112/story/61644.html

Upcoming Watada trial drew Army deserter to Northwest
Seattle Times, Jan. 20, 2007
http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/d
isplay?slug=anderson19m&date=20070120

Faux tribunal contends war in Iraq is illegal
Seattle PI, Jan. 22, 2007
http://seattlepi.nwsource.com/local/300639_watada22.html




Related:
COVERAGE ON DEMOCRACY NOW! TUESDAY, Jan 23
of Ehren Watada and Bert Sacks
9:00 am at KAOS 89.3 fm and at
http://www.democracynow.org

CBS EVENING NEWS possible coverage on Wednesday, Jan24


(updated) Accounts with Photos at Indymedia:

Seattle Indymedia http://www.seattle.indymedia.org/en/2007/01/257317.shtml

Portland Indymedia http://portland.indymedia.org/en/2007/01/352577.shtml

Bay area Indymedia http://indybay.org/newsitems/2007/01/27/18353240.php



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Monday, January 22, 2007

Daniel Ellsberg and other testifiers give poignant testimonies at citizens' tribunal putting Iraq war on trial - Tacoma, WA

photo of Daniel Ellsbert and Lt. Ehren Watada. Daniel was among those who came to give expert testimony at Citizens' Hearing. Ehren stopped by briefly to thank supporters.
(photo by Lori Hurlebas)






Citizens' Hearing on Legality of U.S. Actions in Iraq


Tacoma, WA, Jan 20-21, 2007

Live Blogging Coverage
at Washblog.com - almost verbatim reporting of the testimonies from Daniel Ellsberg, Ann Wright, Iraq veterans; former JAG and Arabic linquist Lt Harvey Tharp, non-commissioned officer Geoffrey Millard, Richard Falk,Benjamin Davis, Denis Halliday.

see more blogger reports of other testimonies at Washblog.com

also visit Citizens' Hearing on Legalility of U.S. Actions in Iraq website for continually updated reports and audio of the 2 days of testimony. You won't want to miss any of these poignant and powerful testimonies.

http://www.wartribunal.org



We intend for the Citizens' Hearing to heighten the discussion of the Iraq invasion and occupation in the public--and within the military itself--as similar tribunals did during the Vietnam War. We are inviting testimony by Iraq War witnesses and experts. Your donation will be used to bring the testifiers and panelists to Tacoma and to record the event so everyone can benefit from the testimony.

The hearing will present the case that Lt. Watada would, if allowed, make at his court martial. His defense attorneys maintain that the war on Iraq is illegal under international treaties and under Article Six of the U.S. Constitution. Further, Lt. Watada’s defense argues that the Nuremberg Principles and U.S. military regulations require soldiers to follow only "lawful orders." In Lt. Watada's view, deployment to Iraq would have made him party to the crimes that permeate the structure and conduct of military operations there.

The format of the Citizens' Hearing will resemble that of a congressional committee, employing a dignified approach to gathering information. Testimony will be offered by Iraq War veterans, experts in international law and war crimes, and human rights advocates. Your gift of funds (or frequent flyer miles) will enable more of these clear voices to be heard by people around the country and the world. Among the figures that have committed to testify are:

*Daniel Ellsberg, military analyst who released the Pentagon Papers in the Vietnam War;
*Denis Halliday, Former UN Assistant Secretary General, coordinated Iraq humanitarian aid;
*Richard Falk, Professor Emeritus of International Law at Princeton University;

*Harvey Tharp, former U.S. Navy Lieutenant. Arabic linquist and JAG stationed in Iraq;

*Ann Wright, Retired Army Colonel and State Department official;

*Stacy Bannerman Military Families Speak Out; author of "When the War Came Home"
*Antonia Juhasz, policy-analyst and author on U.S. economic policies in Iraq;
*John Burroughs, Lawyers’ Committee on Nuclear Policy executive director;
*Benjamin G. Davis, Assoc. Law Prof., Univ. of Toledo; expert on law of war;
*Eman Khammas, Iraqi human rights advocate (via video).
*Geoffrey Millard, 8 years in NY Army National Guard; stationed in Ground Zero, Kuwait, Iraq.
*Darrell Anderson, Army 1st Armored Division in Baghdad & Najaf; awarded Purple Heart
*Dennis Kyne, 15 years as Army medic & drill sergeant; trained in NBC warfare; Gulf War I.
*Francis Boyle, Professor of International Law at University of Illinois (video testimony)
*Chanan Suarez-Diaz, Former Navy hospital corpsman; awarded Purple Heart & Commendation with Valor.

A panel of citizens will hear the testimony, examine witnesses, and issue a fact-finding report. The panel will be comprised of veterans, members of military families, high school students, union members, and representatives of local governments, academia, and religious organizations. David Krieger, Director of the Nuclear Age Peace Foundation, Former Army 2nd Lieutenant stationed in Hawaii during the Vietnam War, and a member of the Jury of Conscience at the 2005 World Tribunal on Iraq (in Istanbul) will serve as panel chair.

read more at website - Citizens' Hearing on Legality of U.S. Actions in Iraq - www.wartribunal.org
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Wednesday, January 17, 2007

Watada court martial - Invitation to Citizen's Hearing to put Iraq war on Trial - Jan 20 -21


All the more significant to conduct a public dialogue Citizen's Hearing in light of Army Judge's ruling;

Inviting public, military families, troops, veterans, any and all to

Citizen's Hearing to put Iraq war on trial;

the case of Lt. Ehren Watada
www.wartribunal.org

January 20-21, 2007
(10 am-4 pm)
1210 6th Ave (map)
Tacoma, Washington, USA

The Evergreen State College Tacoma Campus





Read articles in Washington newspapers; google Lt. Ehren Watada - news to see the reports across the country.

Seattle Times article; Jan 17, 2007;
Watada can't base defense on war's legality, judge says



Tacoma News Tribune, Jan 17, 2007; Judge rejects Watada motions

Michael Gilbert, The News Tribune, Jan 17, 2006

An Army judge sided with government prosecutors Tuesday and rejected Lt. Ehren Watada’s defense that he refused to deploy to Iraq because he believed the war is illegal.

The judge, Lt. Col. John Head, also denied Watada’s motion to dismiss four of the five charges against him on the grounds that he was exercising his right to free speech.

Watada’s lawyer said he was “disgusted” at the rulings and said they leave little room for argument when the former Stryker artillery officer’s court-martial begins Feb. 5 at Fort Lewis.

“I’m appalled, but not surprised,” defense attorney Eric Seitz said. “We’ll have a hearing, a couple people will testify, the government will make their argument, and everybody will fall in line, because that’s what happens in military cases.”

Watada, 28, faces up to six years in prison if convicted of one count of missing movement and four counts of conduct unbecoming an officer.

The Army filed the charges after Watada publicly refused to go to Iraq in June with his unit from the 3rd Brigade, 2nd Infantry Division. The 4,000-soldier brigade is currently operating in Baghdad.

The Army issued a brief press release Tuesday evening announcing Head’s decisions, reached after a daylong hearing Jan. 4. A Fort Lewis spokesman said prosecutors would not comment.

Seitz released copies of Head’s two three-page orders. (To read them, see FOB Tacoma at blogs.thenewstribune.com/military)

Seitz had hoped the judge would allow him to present a “Nuremberg defense,” derived from the post-World War II tribunals that established a soldier has an obligation to disobey an unlawful order.

But Head wrote that the legality of the Iraq war is a political question and not one for the courts.

And past cases have established that a soldier’s motives are irrelevant when he or she is charged with missing movement, the judge ruled.

Seitz had argued for dismissal of the conduct unbecoming charges on the grounds that the statements were protected by Watada’s First Amendment rights.

At a press conference, in interviews and in a speech at a Veterans for Peace convention in Seattle, Watada condemned the Bush administration for what he called “a betrayal of the trust of the American people.”

“And these lies were a betrayal of the trust of the military and the soldiers,” he said.

Head cited previous cases in the Court of Appeals for the Armed Forces that held service members’ free-speech rights are limited.

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Thursday, January 4, 2007

Army Subpoenas Reporters and Activists To Testify Against Lt. Watada

First it was reporters being subpoenaed (Dahr Jamail, Sara Olson, and Gregg Kakesako) and now it expands to local activists in Washington state. The Army has issued subpoenas to local WA state activists to testify in the upcoming court martial of Lt. Watada. Veterans for Peace, Washington based organizer Gerry Haynes; Veterans for Peace organizer organizer Tom Burkhart; Olympia Movement for Justice and Peace member Phan Nguyen - received subpoena's to testify.

Military subpoenas reporters and activists to help prosecute Lt. Watada.

Pre-trial hearing underway today, however judge delays testimony of those subpoenaed until full court martial February 5. Journalists say free press threatened. Activists say Army demands they "name names" in effort to chill anti-war organizing.

At a Tacoma, Washington press conference yesterday, January 3, Olympia-based anti-war activist Phan Nguyen described his objections to having been subpoenaed last week by the Army to testify against Lt. Watada. Nguyen, a member of the Olympia Movement for Justice and Peace, was the moderator of a number of press conferences in June 2006 regarding Lt. Watada and his objections to serving in an illegal and immoral war in Iraq.

When contacted directly by Army prosecutor Captain Daniel Kuecker last week, Nguyen refused to answer any questions without first speaking with a lawyer. However, Nguyen described the Kuecker's line of questions as focusing on the behind the scenes workings of the anti-war movement in the Pacific Northwest. "Kuecker basically demanded that I name the names of any key organizers that had anything to do with the public support campaign created to support Lt. Watada," explained Nguyen. "They are clearly on a political fishing expedition. Unless we fight back, this could have a chilling effect on anti-war organizing at a time when we have to step up to end the war."

Seattle chapter Veterans for Peace (VFP) organizer Gerri Haynes has also been subpoenaed by the Army. Apparently, Haynes landed on the Army's radar because she played a public role in organizing the Veterans for Peace National Convention in Seattle last August. Like Jamail, the Army is looking for information regarding Lt. Watada's speech to the convention. Like Nguyen, Haynes confirmed that Kuecker "wanted the names of convention attendees and organizers." Another VFP organizer Tom Burkhart has been placed on the Army's witness list.

above was quoted from Courage to Resist


Planned Support Actions

The campaign to support Lt. Watada plans a protest and press conference at the gates of Fort Lewis this morning from 8 AM to 11 AM as the pre-trial hearing begins.

Supporters can also express their support writing to Fort Lewis Commanding General;

Lt. General James Dubik,
Commanding General Fort Lewis,
1 Corps Building 2025 Stop 1,
Fort Lewis WA 98433.




The Citizens' Hearing on the Legality of U.S. Actions in Iraq: The Case of Lt. Ehren Watada

will be held on January 20-21 in Tacoma, two weeks before the court martial of Lt. Watada at Fort Lewis. The national event will put the Iraq War on trial, in response to the Army's trial of Lt. Watada.

Iraq War veterans, experts in international law and war crimes, and human rights advocates will offer testimony, in a format that will resemble that of a congressional committee. We are inviting testimony by Iraq War veterans and experts to inform military personnel and other citizens to reflect deeply on their roles and responsibilities in an illegal war." Testifiers will include:

Denis Halliday Former UN Assistant Secretary General, coordinated Iraq humanitarian aid;


Daniel Ellsberg Military analyst who released the Pentagon Papers in the Vietnam War;


Richard Falk Professor Emeritus of International Law at Princeton University;


Ann Wright Retired Army Colonel and State Department official;


Nadia McCaffrey Gold Star Families Speak Out; Brussels Tribunal advisory board;


Darrell Anderson Army 1st Armored Division in Baghdad & Najaf; awarded Purple Heart;


Harvey Tharp Former U.S. Navy Lieutenant and JAG stationed in Iraq;


Antonia Juhasz Policy-analyst and author on U.S. economic policies in Iraq;


John Burroughs Lawyers' Committee on Nuclear Policy Executive Director;


Benjamin G. Davis Assoc. Prof. of Law, University of Toledo; expert on law of war;


Geoffrey Millard 8 years in Army National Guard; now in Iraq Veterans Against the War;


Francis Boyle Professor of international law at Univ. of Chicago (via video);


Eman Khammas Iraqi human rights advocate (via video).

The hearing will present the case that Lt. Watada would, if allowed, make at his court martial. He maintains that the war on Iraq is illegal under international treaties and under Article Six of the U.S. Constitution. Further, Lt. Watada argues that the Nuremberg Principles and U.S. military regulations require soldiers to follow only "lawful orders." In Lt. Watada's view, deployment to Iraq would have made him party to the crimes that permeate the structure and conduct of military operations there.

see more on Citizen's Hearing at website - www.wartribunal.org/
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