Showing posts with label alleged. Show all posts
Showing posts with label alleged. Show all posts

Friday, April 4, 2014

Alleged talk between ‘Russian ambassadors’ posted online is a ‘hastily cooked up story’ – FM source

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Alleged talk between ‘Russian ambassadors’ posted online is a ‘hastily cooked up story’ – FM source

Wednesday, January 22, 2014

Democratic Mayor, Eyewitness To Alleged Chris Christie Strongarming: Nope, Didn’t Hear It


HotAir.com:

As Ed wrote this morning and Guy Benson has covered exhaustively all weekend, the allegations mounted by Hoboken Mayor Dawn Zimmer on MSNBC now amount to several diary entries and a bunch of holes.

First, the central question. Did Hoboken get fewer Sandy funds than it needed or deserved? Are there actual damages to which one might tie this alleged political corruption? The original MSNBC report played fast and loose with the numbers to leave that impression, but the reality is Hoboken got millions in relief funds, but perhaps not in the exact amounts Zimmer was requesting. Guy Benson:

The original MSNBC story leaves the distinct impression that the city received less than $ 350,000 in aid out of a $ 127 million request. In fact, Christie’s office points out, Hoboken has benefited from nearly $ 70 million in federal and state recovery and relief funding — which they say is commensurate with aid received by similarly situated municipalities. They emphasize that not a single grant application from Hoboken was denied.


MSNBC’s report, Christie aides say, conflated total aid with the much narrower issue of “hazard mitigation” funds. They concede that Zimmer did, in fact, request more than $ 100 million in hazard mitigation assistance — which at the time accounted for more than one-third of the entire available budget allocated for that purpose.

Her story has changed. First, it was that Christie withheld Sandy funds because she didn’t endorse him, according to this New Jersey reporter:

Matt Katz @mattkatz00





8 days ago Hoboken Mayor told @WNYC & @GonzalezSarahA her loss of Sandy aid was tied to failure to endorse @GovChristie. Now different story










Politik Ditto



Democratic Mayor, Eyewitness To Alleged Chris Christie Strongarming: Nope, Didn’t Hear It

Wednesday, January 1, 2014

Alleged Vandalism at Veterans Cemetery Causes Controversy

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Alleged Vandalism at Veterans Cemetery Causes Controversy

Tuesday, December 10, 2013

Close Inspection of Alleged "Draconian" Cuts in Food Stamp Program; Mish SNAP Proposal

Close Inspection of Alleged "Draconian" Cuts in Food Stamp Program; Mish SNAP Proposal
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhVW_o8L5DTEg1vfdi0vIS8aOWqGsHEyRkDBxWCVJ7-rq3FNdnxFz_zO514G3jB0V_lkwi0_dsCjs1mhdP8ccteXV79ctPIoEBuZlynz8vpZ_LDOTbRSNC2grSxwzgwG8WCYSZpjVjkvCA/s400/SNAP+Benefits+Wallace+1.png

Inquiring minds are digging into the alleged “Draconian Cuts” in Food Stamps as championed by the Daily Koz. Of course the Daily Koz is not alone in whining about “draconian” cuts.


Note: The food stamp program is now called “SNAP” Supplemental Nutrition Assistance Program. 


“The Unthinkable”


On December 5, Greg Kaufmann, writer for The Nation wondered Why Is a Senate Democrat Agreeing to Another $ 8 Billion in Food Stamp Cuts?

On the same day that President Obama eloquently described his vision of an economy defined by economic mobility and opportunity for all, Senate Agriculture Committee Chairwoman Debbie Stabenow was busy cutting a deal with House Agriculture Committee Chairman Frank Lucas to slice another $ 8 to $ 9 billion from food stamps (SNAP), according to a source close to the negotiations.

“That was the first time in history that a Democratic-controlled Senate had even proposed cutting the SNAP program,” said Joel Berg, executive director of the New York City Coalition Against Hunger. “The willingness of some Senate Democrats to double new cuts to the program…is unthinkable.”


Mother Jones Says “Kill the Farm Bill Entirely”


Bitching and moaning would not be complete without Mother Jones getting in on the act. On November 12, Mother Jones proposed House Dems Can Block GOP Food Stamp Cuts—by Killing the Farm Bill

The food stamps program—which helps feed 1 in 7 Americans—is in peril. Republicans in the House have proposed a farm bill—the five-year bill that funds agriculture and nutrition programs—that would slash food stamps by $ 40 billion. But by taking advantage of House Republicans’ desire to cut food stamps as much as possible, Democrats might be able to prevent cuts from happening at all.

To pull it off, Democrats would have to derail the farm bill entirely, which would maintain food stamp funding at current levels.


Where’s the Beef?


On December 10, The Tennessean more evenly covers the issue in its report TN House Republicans back $ 40 billion in food stamp cuts.

The future of food stamps — the Supplemental Nutrition Assistance Program — remains the largest sticking point in House-Senate negotiations to finalize a new farm bill before the end of the year.

In September, the House approved a farm bill that cuts almost $ 40 billion from food stamps over 10 years — about 5 percent a year. The Senate earlier approved a bill that would cut $ 4 billion over that time.


At $ 80 billion a year, food stamps remain the single costliest item in the farm bill. The program serves almost 48 million Americans and 1.34 million Tennesseans — about 20 percent of the state population.


Among House members from Tennessee, all but Reps. Jim Cooper of Nashville and Steve Cohen of Memphis — the two Democrats in the state’s congressional delegation — voted for the bill making $ 40 billion in cuts.


Groups such as the Center on Budget and Policy Priorities, a liberal-leaning Washington think tank, say cuts of that magnitude would result in denying benefits to 3.8 million low-income Americans in 2014.


“Those who would be thrown off the program include some of the nation’s most destitute adults, as well as many low-income children, seniors and families that work for low wages,” the CBPP said in an analysis of the House bill. “The House SNAP bill is harsh.”


Rep. John Duncan, R-Knoxville, complained that administrators of the program “have no incentive to keep people off.”


“They will get bigger offices, staffs and funding if even more people get food stamps,” he said.


Close Inspection of “Draconian” Cuts


Please note that the alleged $ 40 billion in cuts is really only $ 4 billion in a close to $ 80 billion program. They arrive at $ 40 billion by multiplying $ 4 billion by 10 years.


OK Fine. The cuts then are $ 40 billion in an $ 800 billion program. And I actually doubt we will ever see those “cuts” in the first place.


A few charts from reader Tim Wallace will help explain.


SNAP Growth in Benefits


 


click on any chart for sharper image


SNAP Benefit Facts


  • SNAP benefits more than doubled between 2000 and 2007.

  • Between 2007 and 2013 snap benefits went up another 150%.

  • Trendline growth would have annual benefits at about $ 32.5 billion.

  • Instead benefits are more than double.

  • Liberals are whining about a 5% cut when a cut to the trendline would be a 50% cut

SNAP Participation



SNAP Participation Facts


  • Participation is nearly double what it was in 2007.

  • Participation in 2013 is 275% of the 2001 total.

SNAP Per Person Benefits


 


SNAP Per Person Benefits Facts


  • Monthly benefit goes up over time because of inflation.

  • Benefits per person jumped in 2007.

  • Monthly per person benefit is now $ 133.

  • Trendline benefit is $ 117.

Supposedly a 5% cut is draconian.


The Problem


  • Growth in the number of participants is on an unsustainable trend. 

  • Growth in benefits per person is also on an unsustainable trend.

  • Multiply the two together and you get the first chart.

As is typical with government programs, there is no incentive by the administrators to eliminate waste or fraud. 


The more funding for food stamps, the bigger the salaries and staffs of the administrators.


I suggest that we need a way to provide necessary safety-net benefits while simultaneously providing an incentive to get off the program and get a job.


I repeat my proposal.


Mish SNAP Proposal


  • Prohibit food stamp purchases of potato chips, snacks, soft drinks, candy, pizza, frozen foods of any kind except juice.

  • Limit food stamp users to generic (store brand vs. name brand) dried beans, rice, peanut butter, pasta, fresh vegetables, fresh fruit, frozen (not bottled) juice, canned vegetables, canned soup, soda crackers, poultry, ground beef, bread, cheese, powdered milk, eggs, margarine, and general baking goods (flour, sugar, spices).

  • Calculate a healthy diet based on current prices, number in the family, ages of recipients, and base food stamps allotments on that diet.

  • In the interest of health and cleanliness, expand the food stamp program to include generic soap and laundry products.

My proposal will not only lower the cost of the food stamp program, the resultant healthier diets would lower Medicaid and Medicare costs as well.


Moreover, my proposal would give people a strong incentive to get off the food stamp program without intrusive, costly big-brother ideas like drug testing which cannot possibly work for the simple reason that anyone who fails will steal to get food rather than starve.


Mike “Mish” Shedlock
http://globaleconomicanalysis.blogspot.com


Mish’s Global Economic Trend Analysis




Read more about Close Inspection of Alleged "Draconian" Cuts in Food Stamp Program; Mish SNAP Proposal and other interesting subjects concerning Economy at TheDailyNewsReport.com

Friday, October 18, 2013

Indian police arrest US ship for alleged illegal transportation of weapons



Published time: October 18, 2013 16:28

AFP Photo / ICG / HO

AFP Photo / ICG / HO




Security forces in a southern Indian port city have detained the crew of a US-owned vessel on charges of illegal transportation of weapons and ammunition.


Eight crew members, as well as 25 security guards from India, Britain, Estonia and Ukraine on board were arrested after they failed to provide documents to the local police authorizing them to carry weapons, according to a statement by the Indian Foreign Minister, Sujata Singh.


Two of the crew members were allowed to stay on board to conduct maintenance work.


Security forces impounded 35 automatic weapons and nearly 5,700 rounds of ammunition that were found on board the ship.


The charges brought against the crew members and security guards are the following: illegal possession of weapons and ammunition, as well as entering India’s territorial waters without permission.


“The crew and security guards are cooperating with the investigators,” the Foreign Minister indicated to AP. She also said that the information has already been shared with the US embassy in New Delhi.


The American embassy said that they had no comment on the situation.


The ship’s captain, in his turn, told police that his company provided armed escorts for merchant vessels going about their business in the Indian Ocean, which is notorious for the many pirates in its waters.


The company that owns the vessel, US security company AdvanFort, stated that the ship would never have entered Indian waters, if the coast guard hadn’t approached them and asked them to follow him into the port.


The vessel was detained on October 12, but the news was only revealed by the Indian authorities on Friday.


Last week, a Venezuelan navy frigate detained an oil survey ship in waters contested by Venezuela and Guyana. The ship, used by the Texas-based Anadarko Petroleum Corp on approval by Guyuna, was on disputed Atlantic territory west of Essequibo River.




RT – News



Indian police arrest US ship for alleged illegal transportation of weapons

Tuesday, September 24, 2013

Polish govt again silent over alleged CIA ‘black hole’ sites on its territory



Published time: September 24, 2013 13:18

A guard shuts the gate to the airport in Szymany in northeastern Poland in this file 2005 picture. Polish media said November 5, 2005 the airport was identified by Human Rights Watch as a potential site of alleged CIA prisons used to interrogate al Qaeda captives. Poland strongly denied it was hosting such facilities.(Reuters / Tomasz Marek)

A guard shuts the gate to the airport in Szymany in northeastern Poland in this file 2005 picture. Polish media said November 5, 2005 the airport was identified by Human Rights Watch as a potential site of alleged CIA prisons used to interrogate al Qaeda captives. Poland strongly denied it was hosting such facilities.(Reuters / Tomasz Marek)




Warsaw has, for a second time in 12 months, rejected a request from the European Court of Human Rights to hand over information involving the alleged existence of secret CIA prisons operating on its territory.


The Polish government said it could not comply with a new request filed by the European court over the detention of Saudi-born Abu Zubaydah, who was later transferred to Guantanamo Bay prison, Reuters reported Tuesday. The officials said their comments might compromise a Polish criminal investigation.


“The government takes the position that at the present stage of domestic proceedings, were they to address in detail all the questions submitted by the court, they could be seen as interfering with the competencies of the prosecution authority and the courts,” the agency reported the government as saying in its statement.


Although Poland has been applauded for being the only Eastern European country to begin its own investigation into claims of clandestine CIA prisons operating in the country, human rights activists have expressed their frustration with the lack of progress in the government’s five-year-old inquiry.


Human rights organizations say the secret prisons served for “extraordinary rendition” of suspects who were flown in from around the world without legislative oversight, and were often tortured.


Any proven participation of Polish officials in the alleged US intelligence program would be considered a crime under both Polish and international law.


In 2008, Prime Minister Donald Tusk, while falling short of admitting Poland’s participation in the CIA program, vowed that his country would never act outside the boundaries of democracy.


“This is a painful but very clear proof that no politician, even if hand-in-hand with the biggest superpower in the world, can do something that will never see the light of the day,” Tusk said. “We must act calmly, discreetly and in the spirit of responsibility for the state on this, but we can take no pride in the fact that such cases must be investigated in Poland.”


Five years later, Zbigniew Siemiatkowski, the chief of Poland’s intelligence services from 2002 to 2004, was formally charged in Poland with “depriving prisoners of their liberty” in US President George W. Bush’s so-called “War on Terror.”


Investigators believe a military base in Stare Kiejkuty, northeastern Poland, was the location of one of the CIA secret prisons between December 2002 and September 2003.


Some of the terrorist suspects allegedly transferred through Poland ended up in Guantanamo Bay, where the conditions are so deplorable that a 2005 Amnesty International report dubbed it the “Gulag of our times.”


In January 2013, Polish prosecutors awarded Abu Zubaydah, who was arrested in Pakistan in March 2002 and is now being held in Guantanamo, “victim status” in the investigation, following claims he was subjected to extraordinary rendition and secret detention in Poland.


Zubaydah, whose lawyer says he was detained and tortured for 4 1/2 years in secret CIA prisons in Thailand, Poland, Romania, Lithuania and Morocco, was one of 14 “high-value detainees” transferred to Guantánamo in September 2006.


Zubaydah, however, was eventually told by his US captors that they had made a mistake in suspecting him of being a leading member of Al-Qaeda. This was after he had been subjected 83 times to waterboarding, according to a 2005 US Justice Department legal memo.


Waterboarding, which has now been universally condemned as a form of torture, is a technique that leads victims to believe they are drowning.


“They told me, ‘Sorry, we discover that you are not No. 3, not a partner, not even a fighter,’” said Abu Zubaida, according to the transcript of a Combatant Status Review Tribunal.


Another victim of the interrogation technique was Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001, attacks on the United States, who was alleged to have been waterboarded 183 times while being held at Stare Kiejkuty.


More astonishing, however, is how much the president of Poland at the time, Alexander Kwasniewski, was apparently aware of the activities between Polish intelligence and the CIA.


In 2011, Gazeta Wyborcza reported that, based on a high-ranking source in Poland’s Democratic Left Alliance, Kwasniewski only found out about the CIA “black site” at Stare Kiejkuty, situated just over 100 kilometers from Warsaw, when Bush personally thanked him for Poland‘s assistance in the “War on Terror.”


When Kwasniewski subsequently learned that CIA-leased planes had been flying terrorist suspects in and out of Poland, he ordered the detention center to be shut down, the sources told the Polish daily.


The newspaper added, however, that Poland’s investigation is being actively pursued, that Zubaydah’s lawyer had access to many of the case files and that it would provide the European Court of Human Rights with extracts of the files that were not confidential.


The US has acknowledged that it had secret prisons around the world where it detained suspects in the “War on Terror.” Holding the detainees on foreign territory meant that the individuals were not entitled to legal protection guaranteed under US law.


Polish officials, meanwhile, still deny the country hosted any US “black sites,” though they say that in 2002 and 2003, CIA aircraft made illegal flights into an airfield in northern Poland, near the site of the alleged prison.




RT – News



Polish govt again silent over alleged CIA ‘black hole’ sites on its territory

Wednesday, August 21, 2013

Syrian activists: 100 dead in alleged gas attack





In this citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, a Syrian man shows the body of a dead baby, left, in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





In this citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, a Syrian man shows the body of a dead baby, left, in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





This citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, shows dead bodies of Syrian children in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





This citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, shows dead bodies of Syrian citizens in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





This citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, shows a Syrian man carrying the lifeless body of a girl in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





This citizen journalism image provided by the Local Committee of Arbeen which has been authenticated based on its contents and other AP reporting, shows dead bodies of Syrian children in Arbeen town, Damascus, Syria, Wednesday, Aug. 21, 2013. Syrian regime forces fired intense artillery and rocket barrages Wednesday on the eastern suburbs of the capital Damascus, in what two pro-opposition groups claimed was a “poisonous gas” attack that killed dozens of people. (AP Photo/Local Committee of Arbeen)





Top Headlines



Syrian activists: 100 dead in alleged gas attack

Sunday, August 11, 2013

Teen found safe in Idaho; alleged abductor killed








FILE – This combination of undated file photos provided by the San Diego Sheriff’s Department shows James Lee DiMaggio, 40, left, and Hannah Anderson, 16. A massive search entered a seventh day Saturday, Aug. 10, 2013, for DiMaggio, suspected of abducting 16-year-old family friend Hannah. DiMaggio is suspected of killing Hannah’s mother Christina Anderson, 44, and her 8-year-old brother Ethan Anderson, whose bodies were found Sunday night in DiMaggio’s burning house in California near the Mexico border. (AP Photo/San Diego Sheriff’s Department, File)





FILE – This combination of undated file photos provided by the San Diego Sheriff’s Department shows James Lee DiMaggio, 40, left, and Hannah Anderson, 16. A massive search entered a seventh day Saturday, Aug. 10, 2013, for DiMaggio, suspected of abducting 16-year-old family friend Hannah. DiMaggio is suspected of killing Hannah’s mother Christina Anderson, 44, and her 8-year-old brother Ethan Anderson, whose bodies were found Sunday night in DiMaggio’s burning house in California near the Mexico border. (AP Photo/San Diego Sheriff’s Department, File)





James Dimaggio’s car is towed to the town of Cascade after dectives finished searsching it on a trail head bordering the Frank Church River of No Return Wilderness on Saturday, Aug. 10, 2013. Dimaggio, 40, is suspected of killing a California woman and her young son and then fleeing with the 16-year-old daughter was found in the Idaho wilderness on Friday after horseback riders reported seeing the man and girl hiking in the area two days earlier, authorities said. (AP Photo/Robby Milo)





Map locates Boulevard, Calif., where the bodies of missing children were found; 1c x 2 inches; 46.5 mm x 50 mm;





This photo released by the San Diego Sheriff’s Department shows, Ethan Anderson, 8, whose mother, Christina Anderson, 44, was one of two people found dead in a house fire Sunday night. Late Friday evening, Aug. 9, 2013, the San Diego County Sheriff’s Department said its crime laboratory has identified the body of a child found in the rubble of the burned house as Ethan Anderson. A brief statement Friday night said that investigators identified the charred body through DNA extracted from the boy’s bone marrow. The body was found Sunday along with the body of the boy’s mother Christina Anderson, who investigators say was murdered. (AP Photo/San Diego Sheriff’s Department ,File)





Brett Anderson, the father of missing children 16-year-old Hannah Anderson and 8-year-old Ethan Anderson, speaks during a news conference Tuesday, Aug. 6, 2013, in San Diego. Anderson, the husband of a Christina Anderson, whose body was found in a burned house near the U.S.-Mexico border, said Tuesday that he knew the man suspected of killing his wife and abducting one or both of their children. (AP Photo/Gregory Bull)













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CASCADE, Idaho (AP) — A harrowing weeklong search for a missing California teenager ended Saturday when FBI agents rescued the girl and shot and killed her apparent kidnapper at a campsite deep in the Idaho wilderness.


Hannah Anderson, 16, appeared to be uninjured and will be reunited soon with her father at a hospital, authorities said. Her suspected abductor, James Lee DiMaggio, 40, was killed after his campsite was found in Idaho’s rugged Frank Church River of No Return Wilderness, roughly 40 miles from the tiny town of Cascade.


Hannah was taken to a hospital where crisis counselors and health care providers were assisting her. Her father was expected to arrive in Idaho on Sunday to reunite with her.


“We will make sure she gets as much care as possible, physically and emotionally,” said Andrea Dearden, a spokeswoman from the Ada County Sheriff’s Department who has been leading the communication team for the interagency effort in Valley County.


The shooting came after officers participating in a massive manhunt for the pair spotted the campsite from the air and an FBI hostage recovery team trekked to the site near Morehead Lake.


“No one really knows where an investigation like this will lead,” said Mary Rook, special agent in charge of the FBI’s Salt Lake City division. “In this case, our team faced a very challenging situation.”


The FBI said it was sending a team to investigate what unfolded before, during and after the shooting. Authorities offered few details Saturday night.


The location wasn’t far from what had been the last known sighting of the pair. A horseback rider called authorities Thursday night to report that on Wednesday he had seen two people who resembled Anderson and DiMaggio with camping gear on a trail near the lake. The rider, whose name wasn’t released, didn’t realize they were subjects of a massive search until he got home and saw news reports.


The case began when the charred bodies of Hannah Anderson’s mother, Christina Anderson, 44, and the teen’s 8-year-old brother, Ethan Anderson, were found in DiMaggio’s burning house outside San Diego, near the Mexico border.


DiMaggio was close to the family. Christina Anderson’s husband, Brett Anderson, has described him as a best friend and said the children thought of him as an uncle.


Authorities have said DiMaggio had an “unusual infatuation” with Hannah, although the father said he never saw any strange behavior.


An Amber Alert was issued, and tips led investigators to Oregon after DiMaggio and the teen were reportedly spotted there.


But it wasn’t until the Idaho horseback rider called in his tip that investigators found a major lead — DiMaggio’s car, hidden under brush at a trailhead on the border of the Frank Church River of No Return Wilderness in central Idaho.


A contingent of about 270 law enforcement officers from the FBI, the Valley and Ada County sheriffs’ offices, Idaho State Police, the U.S. Marshals Service, and the Border Patrol, aided by experts from federal land management and wildlife agencies, worked around the clock to figure out the best way to track DiMaggio and the teen in the roadless area.


San Diego County Sheriff William D. Gore announced Hannah’s rescue and DiMaggio’s death from a news conference in California. He said members of his office notified Hannah’s father, Brett Anderson, of her rescue.


“He was very relieved and very excited and looking forward to being reunited with his daughter,” Gore said.


The father described a range of emotion in a text message to CNN.


“I am nervous excited saddened 4 my wife and son and worried what my daughter has been through,” he wrote to the network. “It’s now healing time. Keep us in your prayers.”


At a separate news conference in Idaho, Dearden said she didn’t know if DiMaggio fired shots at officers but there were no reports of any injuries to authorities involved in the encounter. Cascade residents gathered behind Dearden, Rook and the other officials gathered at the news conference and cheered at the news of Hannah’s rescue.


Rook said FBI victim specialists were working with Hannah and her family to get them the resources they need.


“As grateful as we are that she was recovered safely, we also remember the other victims in this case who lost their lives,” Rook said.


FBI policy calls for an investigation whenever an agent fires a weapon, Rook said. A team from Washington, D.C., was preparing to investigate the events at the campsite, and until that investigation is complete, Rook said she couldn’t share any other details.


Associated Press




Top Headlines



Teen found safe in Idaho; alleged abductor killed

Saturday, August 3, 2013

The Secret Alleged Sex Scandal Behind The Mysterious Arrest Of A Utah Sheriff"s Deputy


For the last three weeks, news outlets in Utah have been reporting on a mysterious criminal case involving a sheriff’s deputy, his wife, and his father, who is the local fire chief in Moab, UT. However, the exact circumstances of the alleged crime have remained unknown to the general public, even after the Utah attorney general took over the case due to potential conflicts of interest stemming from the family’s extensive ties to the local government in their hometown.


Now, police records obtained by TPM, reveal for the first time that this case allegedly began with a love triangle involving a father and son that ultimately ended in a booze-fueled night of rage and murderous threats.


The son, Timothy “TJ” Brewer, was initially charged with attempted homicide, aggravated assault, two counts of domestic violence in front a child, assault on a police officer, intoxication, and disorderly conduct. After an investigation by the sheriff of another county, the Utah attorney general last week reduced the charges against Brewer to two misdemeanors: assault and assault against a peace officer. Those charges remain pending.


The story began on the evening of July 11 and spilled over into the early morning hours of July 12. Brewer, a deputy with the sheriff’s department in Grand County, Utah, and his wife, Logan, invited his father to their home for drinks. The elder Brewer, Wesley “Corky” Brewer, was the fire chief in Moab and director of emergency management for Grand County. TJ was one of several law enforcement officers in the extended Brewer family, which includes multiple police officers and local sheriff’s deputies.


TJ would later tell officers that after dinner, which he cooked, his wife went upstairs to put one of their children to bed. Soon afterward, he realized he was alone in the house “when the kid she put to bed came down stairs,” according to police reports.


“He went up to check on where his wife was,” one officer recounted in the reports. “He stated that when he opened the door to his son’s room, he saw his wife on top of his dad” having sex.


The sight of his father having sex with his wife allegedly sent TJ into a rage. He “beat the fuck” out of his dad, he later told police. Logan, TJ’s wife, told police later that night that TJ had hit her and “pistol whipped” his father with one of multiple guns he kept in his home. She also allegedly said all three of them had been drinking. The officer’s account of his interview with Logan does not specifically address the claim that she and Corky were having sex. Corky’s injuries prevented him from speaking to officers that night, the records show.


Somehow, after the alleged confrontation in the bedroom at TJ’s home, all three participants managed to leave the residence. Logan went to her parents’ house. In his incident report, Moab Police Officer Shaun Hansen said Corky, the father, returned to his own home where he was “apparently looking for a firearm.”


“His wife, Cindy Brewer, denied him access to a firearm,” Hansen wrote in his report. “Corky then grabbed a butcher knife and stabbed himself two times, puncturing a lung and slicing his liver.”


Corky was initially taken to Moab Regional Hospital. According to the police, when TJ learned his father was hospitalized, he headed to the hospital to kill him.


What ensued was a dramatic confrontation in the hospital parking lot. TJ was initially confronted by his uncle, Curt Brewer, who is also a sheriff’s deputy. When police arrived at the hospital, they found TJ fighting with Curt outside the hospital. TJ was not wearing a shirt or shoes, was screaming, and in the words of one officer, “had the odor of an alcoholic beverage on his breath as he spoke.”


“He stated several times that he wanted to kill his dad, that he wanted his gun to ‘finish the job,’” one officer wrote in his report.


Officers continued to try to subdue TJ, who remained belligerent.


“TJ made numerous remarks to each officer and deputy that arrived, about all of us being stupid, dumb asses, and at one point stated we needed to call someone with a brain to come and talk with him,” the officer wrote.


TJ was taken into custody without further incident, but for the next three weeks the dramatic serious of confrontations, including the public standoff in the hospital parking lot, remained unreported.


Part of the reason so little information about the case has been revealed is the variety of agencies that are involved due to the ties TJ and his family have throughout Moab and Grand County. Due to the risk of potential conflicts of interest, local officials made the decision to hand the case over to the sheriff in Utah County rather than the department in Grand County where TJ was a deputy. For the same reason, the Utah Attorney General is prosecuting the case rather than the local district attorney.


After his arrest in the early hours of July 12, TJ was held in the San Juan County Jail. He was initially facing charges of attempted homicide, aggravated assault, two counts of domestic violence in front a child, assault on a police officer, intoxication, and disorderly conduct. These charges were reduced after the investigation by the Utah County Sheriff’s Office. TJ is currently charged with two class A misdemeanors; assault and assault against a peace officer.


When TPM initially began looking into the case on July 18, both the Moab City Police Department, which arrested Brewer, and the Grand County Sheriff’s Department told us they had no records to release because other agencies were handling the case. After we filed a request under the Utah Government Records Access and Management Act, known as GRAMA, with the Moab County Police Department for TJ’s arrest report and other related records, we received an email July 30 informing us that, after speaking with the Utah Attorney General’s office, Moab Police Chief Mike Navarre was “able to close the report” on Brewer and would release it.


TJ was released on bail July 15. He has been prohibited from drinking alcohol and from contacting Corky or his wife. Visitation with his children must be supervised. TJ resigned from the Grand County Sheriff’s Department and is next due in court August 6. He did not answer phone calls TPM made to his residence in Moab.


Corky, who was later airlifted to a Colorado hospital for treatment and has reportedly since been released, also did not answer a phone call made to his residence. An administrative assistant answered when TPM called Corky’s number at the fire department, where he had been chief since 1989.


“He has actually resigned and has taken retirement,” the assistant said.


Read the full police case file below (reader discretion is advised):


TJ Brewer Case File


Utah


Hunter Walker

Hunter Walker is a national affairs reporter for TPM. He came to the site in 2013 from the New York Observer. He has also written for New York Magazine, Gawker, the Village Voice, Forbes, The Daily, and Deadspin. He can be reached at hunter(at)talkingpointsmemo.com





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The Secret Alleged Sex Scandal Behind The Mysterious Arrest Of A Utah Sheriff"s Deputy

Tuesday, July 23, 2013

Alleged rape victim goes free


Karim Sahib / AFP – Getty Images



Marte Dalelv was pardoned by the United Arab Emirates on Monday. The Norwegian claimed she was raped in March by a co-worker, but was charged with having sex outside marriage after going to the police.




By Brian Murphy, Associated Press


DUBAI, United Arab Emirates — A Norwegian woman at the center of a Dubai rape claim dispute said Sunday that officials have dropped her 16-month sentence for having sex outside marriage and she is free to leave the country.


“I am very, very happy,” Marte Deborah Dalelv told The Associated Press. “I am overjoyed.”


The sentence against the 24-year-old Dalelv last week stirred widespread outrage in the West and highlighted the frequent clash between Dubai’s Western-friendly image and its Islamic-based legal codes.



A 16-month prison sentence handed down in Dubai to a 24-year-old Norwegian woman who says she was raped has been dropped. Marte Deborah Dalelv reported to police that she was raped by a colleague only to be charged with having extramarital sex.



Dalelv claimed she was raped in March by a co-worker, but was charged with having sex outside marriage after going to the police. Her decision to go public about the sentence last week in a series of interviews appeared to put pressure on authorities in Dubai and tarnish the city’s reputation as a cosmopolitan hub, including possible fallout on its high-profile bid for the 2020 World Expo.


“I have my passport back. I am pardoned,” said Dalelv, who worked for an interior design firm in Qatar and was in Dubai for a business meeting when the alleged rape took place.


There was no immediate word from Dubai officials, including whether the pardon was linked to traditions of clemency during the current Islamic holy month of Ramadan.


It also was unclear whether authorities would keep the 13-month sentence against Dalelv’s alleged attacker, identified as a 33-year-old Sudanese man who was charged with consuming alcohol and sex outside marriage. While liquor is widely available in Dubai hotels and restaurants, public intoxication can bring serious charges.


“I have my life back,” said Dalelv. “This is a great day.”


In Norway, Foreign Minister Espen Barth Eide posted a Twitter message: “Marte is released! Thanks to everyone who signed up to help.”


Barth Eide told the Norwegian news agency NTB that international media attention and Norway’s diplomatic measures helped Dalelv, who was free on appeal with her next court hearing scheduled for early September. Norway also reminded the United Arab Emirates of obligations under U.N. accords to seriously investigate claims of violence against women.


“The United Arab Emirates and Dubai is a rapidly changing society. This decision won’t only affect Marte Dalelv, who can travel home now if she wishes to, but also serve as a wake-up call regarding the legal situation in many other countries,” Barth Eide was quoted as saying.


Norway’s Prime Minister Jens Stoltenberg wrote on Twitter: “Happy that Marte has been pardoned and that she is a free woman again.”


Dalelv said she planned to leave the UAE soon, but “first I have to thank some very special people,” including local groups that supported her. She had been staying at a Norwegian-linked aid center.


The AP does not identify the names of alleged sexual assault victims, but Dalelv went public voluntarily to talk to media.


In an interview with the AP last week, she said she fled to the hotel lobby and asked for the police to be called. The hotel staff asked if she was sure she wanted to involve the police, Dalelv said.


“Of course I want to call the police,” she said. “That is the natural reaction where I am from.”


She said she was held in custody for four days before being able to reach her stepfather in Norway.


Norway’s foreign minister said “very high level” Norwegian officials, including himself, had been in daily contact with counterparts in the United Arab Emirates since the verdict against Dalelv.


“We have made very clear what we think about this verdict and what we think about the fact that one is charged and sentenced when one starts out by reporting alleged abuse,” Barth Eide said.


This story was originally published on


© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.






Alleged rape victim goes free

Alleged rape victim goes free


Karim Sahib / AFP – Getty Images



Marte Dalelv was pardoned by the United Arab Emirates on Monday. The Norwegian claimed she was raped in March by a co-worker, but was charged with having sex outside marriage after going to the police.




By Brian Murphy, Associated Press


DUBAI, United Arab Emirates — A Norwegian woman at the center of a Dubai rape claim dispute said Sunday that officials have dropped her 16-month sentence for having sex outside marriage and she is free to leave the country.


“I am very, very happy,” Marte Deborah Dalelv told The Associated Press. “I am overjoyed.”


The sentence against the 24-year-old Dalelv last week stirred widespread outrage in the West and highlighted the frequent clash between Dubai’s Western-friendly image and its Islamic-based legal codes.



A 16-month prison sentence handed down in Dubai to a 24-year-old Norwegian woman who says she was raped has been dropped. Marte Deborah Dalelv reported to police that she was raped by a colleague only to be charged with having extramarital sex.



Dalelv claimed she was raped in March by a co-worker, but was charged with having sex outside marriage after going to the police. Her decision to go public about the sentence last week in a series of interviews appeared to put pressure on authorities in Dubai and tarnish the city’s reputation as a cosmopolitan hub, including possible fallout on its high-profile bid for the 2020 World Expo.


“I have my passport back. I am pardoned,” said Dalelv, who worked for an interior design firm in Qatar and was in Dubai for a business meeting when the alleged rape took place.


There was no immediate word from Dubai officials, including whether the pardon was linked to traditions of clemency during the current Islamic holy month of Ramadan.


It also was unclear whether authorities would keep the 13-month sentence against Dalelv’s alleged attacker, identified as a 33-year-old Sudanese man who was charged with consuming alcohol and sex outside marriage. While liquor is widely available in Dubai hotels and restaurants, public intoxication can bring serious charges.


“I have my life back,” said Dalelv. “This is a great day.”


In Norway, Foreign Minister Espen Barth Eide posted a Twitter message: “Marte is released! Thanks to everyone who signed up to help.”


Barth Eide told the Norwegian news agency NTB that international media attention and Norway’s diplomatic measures helped Dalelv, who was free on appeal with her next court hearing scheduled for early September. Norway also reminded the United Arab Emirates of obligations under U.N. accords to seriously investigate claims of violence against women.


“The United Arab Emirates and Dubai is a rapidly changing society. This decision won’t only affect Marte Dalelv, who can travel home now if she wishes to, but also serve as a wake-up call regarding the legal situation in many other countries,” Barth Eide was quoted as saying.


Norway’s Prime Minister Jens Stoltenberg wrote on Twitter: “Happy that Marte has been pardoned and that she is a free woman again.”


Dalelv said she planned to leave the UAE soon, but “first I have to thank some very special people,” including local groups that supported her. She had been staying at a Norwegian-linked aid center.


The AP does not identify the names of alleged sexual assault victims, but Dalelv went public voluntarily to talk to media.


In an interview with the AP last week, she said she fled to the hotel lobby and asked for the police to be called. The hotel staff asked if she was sure she wanted to involve the police, Dalelv said.


“Of course I want to call the police,” she said. “That is the natural reaction where I am from.”


She said she was held in custody for four days before being able to reach her stepfather in Norway.


Norway’s foreign minister said “very high level” Norwegian officials, including himself, had been in daily contact with counterparts in the United Arab Emirates since the verdict against Dalelv.


“We have made very clear what we think about this verdict and what we think about the fact that one is charged and sentenced when one starts out by reporting alleged abuse,” Barth Eide said.


This story was originally published on


© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.






Alleged rape victim goes free

Saturday, June 15, 2013

Victim of alleged rape at Marine base: "I thought ... I would be safe"


NBC News



Karalen Morthole, 23, alleges she was raped by a noncommissioned officer at a Marine base bar in Washington, D.C., in July 2012.




By Michael Isikoff, National Investigative Correspondent, NBC News


A 23-year-old Washington, D.C. woman who alleges she was raped on a Marine Corps base just blocks from the U.S. Capitol said she never thought she’d be in danger among members of the military.


“I thought I was going to a place where I would be safe,” said Karalen Morthole in an exclusive interview with NBC News. “In my head, I thought these are people who are supposed to be protecting me.”


This week a Marine Corps general ordered that Master Sgt. Ronald E. Bohlayer be charged with raping Morthole after a night of partying and drinking last July at the historic Marine Barracks on Capitol Hill. The charges come as the entire U.S. military is under fire for its handling of sexual assault cases, and barely a year after the release of an Oscar-nominated documentary, “The Invisible War,” that featured allegations of sexual assault and raucous drinking at the Barracks. The allegations got widespread attention from Congress despite strong denials from the Marine Corps. 


An attorney for Bohlayer, meanwhile, questioned whether the general’s order that his client be prosecuted for rape, despite the recommendations of an investigating officer that the charge be dropped, might have been influenced by the current publicity about sexual assaults in the military.


Morthole, who agreed to let NBC News use her name, is a local bartender and recent Catholic University graduate. She said that after attending a Washington Nationals game last July 3, she was partying with some friends at the Ugly Mug bar on 8th Street SE when she accepted an invitation from a Marine to go to a pub on the grounds of the Barracks, directly across the street. She was escorted onto the base by the Marine early on the morning of July 4, she said, without showing any identification to a guard.


Once at the Marine Barracks pub, she said, she and others present began drinking “a lot” of shots of Irish whiskey – and one Marine got sexually aggressive in a patio area outside. “The man who was doing this kept on making very vulgar advances toward me, sexual advances towards me,” Morthole said. He “pinned” her against a wall, she said, got “very close to my face and …kept repeating the phrase, ‘I’m going to (blank) you.’”


“I was very scared,” said Morthole. “I can just remember being in excruciating pain and crying and asking him to stop.”


After raping her, Morthole said, her attacker escorted her outside and tried to make her get into a cab with him so they could go back to her home. When she refused, “He got within six inches of my face and started screaming obscenities at me, which prompted the guard I was standing next to to hold up his arm and say, ‘Stand down.’ ”


Bohlayer, the noncommissioned officer now charged with raping her, is a 22-year veteran of the Marine Corps who served in Iraq and was awarded a Bronze Star in Afghanistan in 2010, according to his lawyer. The charge sheet alleges that he forced Morthole to have sexual intercourse at a time when she was “incapable of consenting . . . due to impairment by alcohol, and that her impairment was known or reasonably should have been known by the accused.”



Karalen Morthole, who claims she was raped by a Marine at a pub at a barracks in Washington, D.C., says, “I thought these are people who are supposed to be helping me.”



Bohlayer has adamantly denied the charges, and his lawyer, Maj. Joseph Grimm, said in a statement that both the local U.S. attorney’s office and a Marine investigating officer had investigated the incident and concluded there were no grounds to bring charges. Morthole says she first went to a local hospital about a week after the incident and didn’t report the alleged assault to the Washington, D.C. police until about a week after that. She later testified before a grand jury, but was told by a local prosecutor that no charges would be brought because the alleged assault amounted to a case of “he said-she said.”


In his statement, Grimm said that the Marine “Investigating Officer” — a reserve colonel who is a former military judge — reached the same conclusion at a pretrial hearing. “After hearing the testimony of Ms. Morthole and all the relevant witnesses, the investigating officer found that the allegations of sexual assault and rape were baseless,” said Grimm. “The Investigating Officer subsequently recommended that the sexual assault and rape charges be dismissed.” Grimm acknowledged that the investigating officer did recommend that other lesser charges be brought.


But Marine Maj. Gen. James A. Kessler, the commander or “convening authority” in charge of the case, overrode the recommendations of the investigating officer and directed that Bohlayer be court-martialed on charges of rape as well as indecent exposure and disorderly conduct.


In a court hearing on the case this week, Grimm suggested that Kessler’s decision was influenced by the current “wide publicity about sexual assaults in the military” as well as pressure from Marine Corps Commandant Gen. James Amos, who in recent testimony on Capitol Hill said that “a single sexual assault in a unit can undermine everything.”


“We are currently investigating whether the Convening Authority’s decision to refer the case to a court-martial was caused by unlawful command influence,” Grimm said in his statement.


A Marine Corps spokesman declined any comment on the Bohlayer case, including Grimm’s charge that the case was being influenced by politics. “That’s going to be something for the court and the jury to decide,” said Capt. Eric Flanagan. “It would be inappropriate for us to comment.”


The case is, in some ways, the reverse of another celebrated recent sexual assault case – that of Air Force Lt. Col. James Wilkerson, who was convicted of aggravated sexual assault by a military jury last November only to have his conviction overturned by a top Air Force general who served as the “convening authority” in the case. The disclosure of that reversal outraged members of Congress and led to current demands by Sen. Kirsten Gillibrand, D.-N.Y., and others that military commanders be stripped of their authority to make decisions about sexual assault prosecutions.



Eugene Fidell, an expert on military justice at Yale Law School, explains why some accusations of misconduct within the ranks never get a fair trial and why this is a “mess” for our armed forces.



Eugene Fidell, who teaches military law at Yale Law School, said it is relatively unusual — but not unheard of — for a convening authority like Maj. Gen. Kessler to direct that court-martial charges be brought when the investigating officer recommends otherwise. “It’s not completely rare, but it’s not something that happens every day,” he said.


But Fidell said that “in the current political climate,” Maj. Gen. Kessler was “traversing a minefield.”


“If you send the case to trial against the recommendation (of the investigating officer), people will complain that you’re being too hard and politically correct,” he said. “If you refuse to send the case to trial against a recommendation, then it means you’re unwilling to bite the bullet and make the difficult decision. So most convening authorities right now are probably scratching their heads.”


Fidell also said that Morthole’s acknowledgement that there was heavy drinking that night should not be a barrier to convicting the defendant. “If anything [it] helps the prosecution,” he said, “because that would suggest that the victim was not in a position to defend herself, to say, ‘Stop, don’t do that,’ or scream out. It’s often the case that people in these situations have had too much to drink.”


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Victim of alleged rape at Marine base: "I thought ... I would be safe"

Friday, June 14, 2013

Victim of alleged rape at Marine base: "I thought ... I would be safe"


NBC News



Karalen Morthole, 23, alleges she was raped by a noncommissioned officer at a Marine base bar in Washington, D.C., in July 2012.




By Michael Isikoff, National Investigative Correspondent, NBC News


A 23-year-old Washington, D.C. woman who alleges she was raped on a Marine Corps base just blocks from the U.S. Capitol said she never thought she’d be in danger among members of the military.


“I thought I was going to a place where I would be safe,” said Karalen Morthole in an exclusive interview with NBC News. “In my head, I thought these are people who are supposed to be protecting me.”


This week a Marine Corps general ordered that Master Sgt. Ronald E. Bohlayer be charged with raping Morthole after a night of partying and drinking last July at the historic Marine Barracks on Capitol Hill. The charges come as the entire U.S. military is under fire for its handling of sexual assault cases, and barely a year after the release of an Oscar-nominated documentary, “The Invisible War,” that featured allegations of sexual assault and raucous drinking at the Barracks. The allegations got widespread attention from Congress despite strong denials from the Marine Corps. 


An attorney for Bohlayer, meanwhile, questioned whether the general’s order that his client be prosecuted for rape, despite the recommendations of an investigating officer that the charge be dropped, might have been influenced by the current publicity about sexual assaults in the military.


Morthole, who agreed to let NBC News use her name, is a local bartender and recent Catholic University graduate. She said that after attending a Washington Nationals game last July 3, she was partying with some friends at the Ugly Mug bar on 8th Street SE when she accepted an invitation from a Marine to go to a pub on the grounds of the Barracks, directly across the street. She was escorted onto the base by the Marine early on the morning of July 4, she said, without showing any identification to a guard.


Once at the Marine Barracks pub, she said, she and others present began drinking “a lot” of shots of Irish whiskey – and one Marine got sexually aggressive in a patio area outside. “The man who was doing this kept on making very vulgar advances toward me, sexual advances towards me,” Morthole said. He “pinned” her against a wall, she said, got “very close to my face and …kept repeating the phrase, ‘I’m going to (blank) you.’”


“I was very scared,” said Morthole. “I can just remember being in excruciating pain and crying and asking him to stop.”


After raping her, Morthole said, her attacker escorted her outside and tried to make her get into a cab with him so they could go back to her home. When she refused, “He got within six inches of my face and started screaming obscenities at me, which prompted the guard I was standing next to to hold up his arm and say, ‘Stand down.’ ”


Bohlayer, the noncommissioned officer now charged with raping her, is a 22-year veteran of the Marine Corps who served in Iraq and was awarded a Bronze Star in Afghanistan in 2010, according to his lawyer. The charge sheet alleges that he forced Morthole to have sexual intercourse at a time when she was “incapable of consenting . . . due to impairment by alcohol, and that her impairment was known or reasonably should have been known by the accused.”



Karalen Morthole, who claims she was raped by a Marine at a pub at a barracks in Washington, D.C., says, “I thought these are people who are supposed to be helping me.”



Bohlayer has adamantly denied the charges, and his lawyer, Maj. Joseph Grimm, said in a statement that both the local U.S. attorney’s office and a Marine investigating officer had investigated the incident and concluded there were no grounds to bring charges. Morthole says she first went to a local hospital about a week after the incident and didn’t report the alleged assault to the Washington, D.C. police until about a week after that. She later testified before a grand jury, but was told by a local prosecutor that no charges would be brought because the alleged assault amounted to a case of “he said-she said.”


In his statement, Grimm said that the Marine “Investigating Officer” — a reserve colonel who is a former military judge — reached the same conclusion at a pretrial hearing. “After hearing the testimony of Ms. Morthole and all the relevant witnesses, the investigating officer found that the allegations of sexual assault and rape were baseless,” said Grimm. “The Investigating Officer subsequently recommended that the sexual assault and rape charges be dismissed.” Grimm acknowledged that the investigating officer did recommend that other lesser charges be brought.


But Marine Maj. Gen. James A. Kessler, the commander or “convening authority” in charge of the case, overrode the recommendations of the investigating officer and directed that Bohlayer be court-martialed on charges of rape as well as indecent exposure and disorderly conduct.


In a court hearing on the case this week, Grimm suggested that Kessler’s decision was influenced by the current “wide publicity about sexual assaults in the military” as well as pressure from Marine Corps Commandant Gen. James Amos, who in recent testimony on Capitol Hill said that “a single sexual assault in a unit can undermine everything.”


“We are currently investigating whether the Convening Authority’s decision to refer the case to a court-martial was caused by unlawful command influence,” Grimm said in his statement.


A Marine Corps spokesman declined any comment on the Bohlayer case, including Grimm’s charge that the case was being influenced by politics. “That’s going to be something for the court and the jury to decide,” said Capt. Eric Flanagan. “It would be inappropriate for us to comment.”


The case is, in some ways, the reverse of another celebrated recent sexual assault case – that of Air Force Lt. Col. James Wilkerson, who was convicted of aggravated sexual assault by a military jury last November only to have his conviction overturned by a top Air Force general who served as the “convening authority” in the case. The disclosure of that reversal outraged members of Congress and led to current demands by Sen. Kirsten Gillibrand, D.-N.Y., and others that military commanders be stripped of their authority to make decisions about sexual assault prosecutions.



Eugene Fidell, an expert on military justice at Yale Law School, explains why some accusations of misconduct within the ranks never get a fair trial and why this is a “mess” for our armed forces.



Eugene Fidell, who teaches military law at Yale Law School, said it is relatively unusual — but not unheard of — for a convening authority like Maj. Gen. Kessler to direct that court-martial charges be brought when the investigating officer recommends otherwise. “It’s not completely rare, but it’s not something that happens every day,” he said.


But Fidell said that “in the current political climate,” Maj. Gen. Kessler was “traversing a minefield.”


“If you send the case to trial against the recommendation (of the investigating officer), people will complain that you’re being too hard and politically correct,” he said. “If you refuse to send the case to trial against a recommendation, then it means you’re unwilling to bite the bullet and make the difficult decision. So most convening authorities right now are probably scratching their heads.”


Fidell also said that Morthole’s acknowledgement that there was heavy drinking that night should not be a barrier to convicting the defendant. “If anything [it] helps the prosecution,” he said, “because that would suggest that the victim was not in a position to defend herself, to say, ‘Stop, don’t do that,’ or scream out. It’s often the case that people in these situations have had too much to drink.”


More from Open Channel:


Follow Open Channel from NBCNews.com on Twitter and Facebook



Investigate this!


Read and vote on readers’ story tips and suggested topics for investigation or submit your own.





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Victim of alleged rape at Marine base: "I thought ... I would be safe"