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Jon Krakauer

Gen. McChrystal's Credibility Problem

The latter clause is a lawyerly flourish on McChrystal’s part, intended to suggest that there was still doubt about the cause of death, when in fact he knew with near-absolute certainty that Tillman was the victim of fratricide. During the medal-recommendation process, McChrystal was shown the preliminary findings of a so-called Article 15-6 investigation that had been launched the day after Tillman died, which included detailed eyewitness testimony from more than a dozen soldiers in his platoon. Transcripts of these interviews described how Tillman, in order to protect a young private under his command, had exposed himself to a ferocious squall of bullets—hundreds of rounds from three machine guns shooting at him from close range. McChrystal ascertained, correctly, that the extraordinary valor of Tillman’s act was in no way diminished by the incontrovertible fact that the lethal fusillade had come from his American comrades. “So,” McChrystal testified, “I was comfortable recommending, once I believed that the people in the fight were convinced it warranted a Silver Star.” On April 28, 2004, six days after Tillman’s death, McChrystal reviewed a final draft of the medal recommendation, signed his name to it, and emailed it to the acting secretary of the Army, R.L. Brownlee.

The recommendation package received by Brownlee consisted of four documents: a one-paragraph “award citation” that summarized Tillman’s courageous deed; a five-paragraph “award narrative” that offered a more nuanced account of his actions; and two brief statements from soldiers who witnessed those actions. Astoundingly, none of these documents mentioned, or even hinted, that Tillman was killed by friendly fire. The award citation alleged, “Corporal Tillman put himself in the line of devastating enemy fire,” even though there was never any enemy fire directed at Tillman’s position during the incident. The witness statements (which also suggested he was killed by the enemy) were not signed, and the two soldiers whose names were attached to them later testified that both statements had been fabricated, apparently by one or more members of the Silver Star recommendation team.

In the week after Tillman was killed, however, McChrystal administered a fraudulent medal recommendation and submitted it to secretary of the Army, thereby concealing the cause of Tillman’s death.

In June of this year, during McChrystal’s confirmation hearing, Sen. John McCain asked the general to explain why, five years earlier, he had submitted the perjured Silver Star recommendation “in the form that it was in.”

McChrystal replied, “We sent a Silver Star that was not well written—and, although I went through the process, I will tell you now that I didn’t review the citation well enough to capture—or, I didn’t catch that, if you read it, you can imply that it was not friendly fire.” McChrystal insisted that the package of four short documents bearing his signature wasn’t meant to deceive. Although he closely supervised the drafting of these documents, he simply failed to notice that all of them had been painstakingly written to omit any reference to friendly fire.

During a presentation on October 3 of this year in Mesa, Arizona, to promote Where Men Win Glory, my book about Tillman, I described the testimony cited above and expressed skepticism about McChrystal’s honesty. Afterward, while I was signing books, an Army veteran approached me and said that he had served under McChrystal, admired him immensely, and took issue with my accusation that his former commander had dissembled to the Senate, or knowingly participated in any sort of coverup. He said that in his experience McChrystal was a man of unimpeachable integrity. I countered that McChrystal’s words were taken verbatim from a transcript of the Senate hearing, and then added, “Gen. McChrystal is known to be meticulous, a perfectionist. He doesn’t tolerate sloppiness or excuses. Do you really believe that he would sign his name to such an important, high-profile document without first reading it carefully enough to realize it was bogus?”

The ex-soldier frowned thoughtfully before answering. “No,” he admitted. “For him to do something like that, he’d have to be under incredible pressure.”

* * *

On April 28, 2004, the same day McChrystal sent the Silver Star recommendation to the secretary of the Army, he received word from Rumsfeld’s office that the White House was working on a speech in which President Bush would eulogize Tillman at the annual White House Correspondents’ Association dinner. Because the true cause of Tillman’s death had been restricted to a tight cadre that did not include the president’s speechwriters, McChrystal fretted they might inadvertently script something that would make the president look like a liar should the truth about Tillman eventually be leaked.

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October 14, 2009 | 11:10pm
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Comments ()

andrew0823

Character? Loyalty to country? Not here. This is yet another example of the WH and the previous administrations utter disdain for the truth.

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1:38 am, Oct 15, 2009

hockeydog

andrew, it is easy to see how this information would impune the General's integrity. Jon Krakaur is perhaps our most gifted living author, and his talent for clarifying and focusing our attention is unrivaled.

Having said that, however, it is possible that the book itself, as opposed to this teaser of an article, will put greater emphasis on identifying the specific individual who is responsible for bringing such pressure on a man of McCrystal's character. Who in the White House would consider it appropriate to compromise the General's principles?

Who would dare to compromise either General McCrystal or General Colin Powell? Who would determine that a CIA operative by the name of Valerie Plume should be "outed" as a political pay-back to her husband?

Who indeed?

Could it have been our old friend Karl Rove? Perhaps General McCrystal can be forgiven for trying to bolster his troops on the ground, by giving them and America a real life, honest to God hero, who actually looked like Superman himself.

I would no more be inclined to ding General McCrystal for suppporting the commands of his Commander In Chief, than I would to ding General Chenault for following the commands of his Commander in Chief, President Franklin D. Roosevelt to punch the Japanese in the nose enough times to prompt that country to attack Pearl Harbor, thereby giving us the "excuse" needed to justify our entry into WWII.

This is what good Generals do. They comply with orders as best they can, given their own standards. That those standards be high, follows without question. A balanced reading of the article, would give one the impression that General McCrystal deserves the command and trust he has been given.

But, by the same token, the grunion above him who impugned this hard-won integrity should be thrown in the hoosegow!

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6:55 am, Oct 15, 2009

andrew0823

Hockey I hear ya, but they have also been known to resign when they are asked to do things that aren't right.

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7:51 am, Oct 15, 2009

UNITEDCREATIONS

HockeyDog,..

Well said.. as a former soldier of McCrystal's and having nearly been killed once just feet away from the man. I gotta tell you it's sad to see so many civilians smear the man. I can think of no better 'Commander' in the Armed Forces to serve under. Any Warrior that's ever been to a range with him.. walked 25miles behind his lead would tell you the same thing. McCrystal is NOT the problem with America ;) it's the slimy soul-less bastards that sit in their air conditioned/heated rooms in DC while they are out in the cold, under supported, while fighting for their lives.

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1:32 pm, Nov 7, 2009

johnwr3

McCrystal had nothing to do with Tillman's death. Tillman died in war, he was a selfless patriot who died defending America. I think articles like this one don't do anything more than stain the name of a hero. The "cover up" wasn't initiated by McCrystal and nominating Tillman for Silver Star makes sense to me. War is hell, men are killed on the battle field and sometimes by their own men. Condemning McCrystal is just another liberal attempt at discrediting Bush.

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12:10 pm, Oct 15, 2009

GateKeeper

..no attempt to discredit Bush.. his dis-credit is of his own doing.. wait until members of his administration write their books..

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3:28 pm, Oct 15, 2009

BrokenArrow

Ummmm, "Attempt," you say, "At discrediting bu$h." Dude, there is NO NEED FOR EITHER. The guy's got NOTHING......NOTHING to show for eight years.....except for all the money he socked away from that cash they took from Fort Knox, and pretended to "lose" when it was sent to Iraq. Yes, first time ever cash was taken out and sent over seas to an occupied/invaded country. Sheesh, you crack me up, man.

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3:55 pm, Oct 15, 2009

studentoflaw

and you apparently have no problem with turning the death of this patriot, who had grown increasingly critical of his mission, into propaganda for the war he no longer supported.

that is what this is about. it's about vindicating the true character of a man who would have been horrified at the cynical way his death was manipulated by those in power, including mchrystal.

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5:30 pm, Oct 15, 2009

GM2009

Denial is not a river in Egypt. Keep in mind that McChrystal is implicated in torture under his direct command. He also directly and repeatedly denied the Red Cross access to detainees, itself a war crime.

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7:00 pm, Oct 15, 2009

peaceword

. . .The following described crimes against U.S. soldier Prisoners of War can be verified by following this case from U.S. District Court Case H-08-60 to United States Supreme Court, Docket 08-9595 on appeal. It gets worse in the U.S. Supreme Court : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :
: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : UNITED STATES DISTRICT COURT for the Southern District of Texas
515 Rusk Ave., Houston, Texas 77002, Phone: 713.250.5500
Case No. H-08-60
Crime Complaint of 18 USC and Geneva Convention III, 1949 violations
against captured US Soldier Prisoners Of War
United States of America versus Defendant Gray Miller (also know as: US
District Judge Gray Miller)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _
. . . . . .CRIMINAL COMPLAINT #3 submitted to United States Supreme Court,
Docket 08-9595 on appeal : "WAR CRIMES OF GENEVA CONVENTION #3"
. . . I, Kenneth MacKenzie, the complainant in this case, Uncle of US Army
Pvt Kristian Menchaca, state that the following is true to the best of my
knowledge and belief:
. . .On or about the date of February 2008 in the county of Harris in city
of Houston, the Southern District of Texas, the defendant violated offenses
described as follows:
. . . Defendant Gray Miller acting outside his ministerial and descretionary
scope having usurped jurisdiction of a court case in conflict of interest
and in violation of 28 USC, Section 455, taking wrongful jurisdiction not
his to take, violated (1) The four Geneva Conventions (I,II,III,IV) of 12
August 1949 for the protection of war victims. SEE:
http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions ;
http://www.yale.edu/lawweb/avalon/lawofwar/geneva02.htm ;
http://www.yale.edu/lawweb/avalon/lawofwar/geneva03.htm ;
http://www.yale.edu/lawweb/avalon/lawofwar/geneva07.htm ; violated
(2) Protocol I and II Additional to the Geneva Conventions of 12 August
1949, and relating to Protection of Victims of International Armed Conflicts
(Also SEE: Protocol I,
Article 11 , Protection of persons, 8 June 1977. See:
Eng/siteeng0.nsf/htmlall/genevaconventions ;
SEE:http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions ;
http://www.icrc.org/Web/; . . . Defendant Gray Miller violated TITLE 18 ,
CRIMES, CHAPTER 73 , OBSTRUCTION OF JUSTICE; Defendant Gray Miller violated
Title 18 USC, ç ±512. Tampering with a witness, victim, or an informant. . .
. . .There is extraterritorial Federal jurisdiction over an offense under
this section.
Title 18 USC ç ±512. Defendant Gray Miller, in violation, Tampered with
captured U.S. soldier Prisoners of War Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty; Defendant Gray Miller violated 18 USC;
TITLE 18 ç ±513 , Defendant Gray Miller Retaliated against a witness,
victim, or an informant. . . .There is extraterritorial Federal
jurisdiction over an offense under this section.
"Title 18 USC ç ±513 Defendant Gray Miller Retaliated against captured U.S.
soldier Prisoners of War Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt.
Byron W. Fouty); Defendant Gray Miller violated 18 U.S.C., ç ´. Misprision
of felonies against captured U.S. soldier Prisoners of War, in the
mutilation-torture-murders of Pvt Kristian Menchaca (Plaintiffs' family
member), Pvt Thomas Tucker, and Pvt Joseph Anziak, Sgt. Keith Maupin, Spc.
Alex R. Jimenez and Pvt. Byron W. Fouty; Defendant Gray Miller violated
Title 18 USC, Sec. 2382 , MISPRISION OF TREASON (18 U.S.C., ç ²382
MISPRISION OF TREASON perpetrated to a math certainty by former U.S.
Attorney General Gonzales in manipulating his own designed $50,000 Death
Rewards against captured U.S. soldier Prisoners of War Sgt. Keith Maupin,
Spc. Alex R. Jimenez and Pvt. Byron W. Fouty, meanwhile posting life-saving
Mega Million dollar rewards for al Qaida and al Shura Terrorists while said
Terrorists, in violation of Geneva Convention 3, tortured to death U.S.
soldier Prisoners of War life-valued by Gonzales at $50,000 while Gonzales
denied any reward increases on their lives while Gonzales's Higher life
valued Terrorists surrogates tortured said U.S. Prisoners of War to Death in
violation of Geneva Convention 3).
Defendant Gray Miller's MISPRISION , In its larger sense, this word is used
to signify every considerable misdemeanor, which has not a certain name
given to it in the law; and it is said that a misprision is contained in
every treason or felony whatever. In its narrower sense it is the
concealment of a crime.
Defendant Gray Miller's MISPRISION OF TREASON is the concealment of treason,
by being merely passive for if any assistance be given, to the traitor, it
makes the party a principal, as there are no accessories in treason. It is
the duty of every good citizen, knowing of a treason or felony having been
committed to inform a magistrate. Silently to observe the commission of a
felony, without using any endeavors to apprehend the offender, is a
misprision.
Misprisions which are merely positive, are denominated contempts or high
misdemeanors; as, for example, dissuading a witness from giving evidence.
Defendant Gray Miller's MISPRISION OF FELONY : Whoever, having knowledge of
the actual commission of a felony cognizable by a court of the U.S.,
conceals and does not as soon as possible make known the same to some judge
or other person in civil or military authority under the U.S. 18 USC.
Misprision of felony, is the like concealment of felony, without giving any
degree of maintenance to the felon for if any aid be given him, the party
becomes an accessory after the fact.
Title 28 U.S.C. ç ±361. Action to compel officer of United States to perform
his duty.
Defendant Gray Miller did not perform his duty while he did nothing while
captured U.S. soldier Prisoners of War Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty were tortured and murdered from February to
July 2008.
. . . . Also see: Koranic Law of Middle East Countries.
This criminal complaint is based on these facts:
. 1. The information of this issue indicates that captured U.S. soldier
Prisoners of War Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W.
Fouty were murdered during the time period of 22 Feb 2008 to 08 July 2008,
during the same time period that U.S. Judge Miller, outside his ministerial
and discretionary scope, did deny Plaintiffs' efforts to provide $25 Million
Dollar Rewards to save the lives of captured U.S. soldier Prisoners of
War :: Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty ; on
a Reward life value equal to said $25 Million U.S. Reward dollars bestowed
by the U.S. Executive Branch on Terrorists.
. 2. SEE: Rewards for Justice at State & Justice Departments, Washington , D.C.20522-0303,
1-800-877-3927;

. 3. This statistic and the dollar difference in Rewards is profound
evidence that $50,000 'Death Sentence' Rewards" are a catastrophic part of
mutilation,torture, and murder "War Crimes" motivated against captured U.S.
soldier Prisoneers of War in Iraq and in violation of Geneva Convention III
of 1949 and Geneva Protocols of 1977.
. 4. U.S. Citizens who volunteer for Military Service are not forewarned
that if they are captured by Terrorists in Iraq or Afghanistan their own
government will betray them and offer rewards for them that are 500 times
lower than the U.S. government offers for the very same Mega Million / $25
Million Dollar valued terrorists who will mutilate and torture the same
captured U.S. soldier Prisoneers of War reward-valued 500 time less at
$50,000 'Death Sentence' Rewards. The irony and treachery are astounding
and most shocking.
.5. Complaint against U.S. Judge Gray Miller as corruptly acting in Private
Persona outside his ministerial and discretionary scope:
. 6. . This "5th Circuit Rule, Judicial Misconduct Complaint" against
U.S. Judge Gray Miller (1) describes pre-jurisdiction and pre-decision
disqualification conditions that were a matter of record and obvious from
the facts available to Judge Gray Miller before he wrongfully acted to
expropriate wrongful jurisdiction and then issue a decision in U.S. Case
H-08-60 while he was disqualified pursuant to 28 USC, Section 455, in
"conflict-of-interest, while he was "disqualified" outside his ministerial
and discretionary scope, by reason of the fact that Miller was a
President-GW-Bush nominee / appointee had knowingly taken jurisdiction of
Case H-08-60, which listed Bush and several of his Cabinet Secretaries as
Interested Parties who were likely to become "Defendants.
. 7. . Miller possessed obviously available information that Miller was a
nominee / appointee of President G.W. Bush to Miller's position of U.S.
District Court Judge.
. 8. Miller possessed obviously available information from the Caption (See
Appendix 1, appended herein) in Plaintiff's case H-08-60 that President G.W.
Bush was named as an "interested Party" in Plaintiff's case H-08-60.
. 9. Miller possessed obviously available information that Plaintiff's Case
H-08-60 named in the caption former U.S. Attorney General Gonzales (a Bush
nominated / appointed U.S. Attorney General) and was informed that
Plaintiff's
Case H-08-60 named, in the caption (See Appendix 1, appended herein), a
substantial number of Bush nominated / appointed Cabinet Secretaries as
"Interested Parties.
. 10. Miller possessed obviously available information of "USC Title 28,
Section 455 , Disqualification of justice, judge, or magistrate judge (a)
Any justice, judge, or magistrate judge of the United States shall
disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.
. 11. "The thing speaks for itself" (Res Ips Loquitor) that USC Title 28,
Section 455 was clearly applicable or, at least, of question for Miller in
Plaintiff's Case H-08-60.
. 12. "The thing speaks for itself" (Res Ips Loquitor) that Miller did not
query the Judicial Council of the Fifth Judicial Circuit to ask an opinion
regarding Miller's plans to commandeer jurisdiction as President Bush's
proté§©, nominee / appointee, to expropriate jurisdiction of Plaintiff's
Case H-08-60 away from other U.S. District Court judges who were "NOT"
proté§©s, nominees, or appointees of President G.W. Bush and were not linked
as nominees / appointees of the U.S. Executive Branch Culture of Torture
that has provably worked to destroy the lives of captured U.S. soldier
prisoners of War. "The thing speaks for itself" (Res Ips Loquitor).
. 13. Plaintiff's complaint focuses on several basic areas regarding said
unlawfully expropriated decision of Miller to take jurisdiction away from
other better qualified U.S. judges despite Miller's obvious "conflict of
interest" disqualification under 28 USC, Section 455, before Miller issued
decisions in Case-08-60.
.14. Miller took jurisdiction by snaking around the proscriptions of 28 USC,
Section 455 and surreptitiously not notifying Plaintiffs of his
identification as a Bush nominee / appointee; and, Miller took jurisdiction
by not querying the Judicial Council of the Fifth Judicial Circuit to
determine its opinion on Miller's decision to take jurisdiction when there
were numerous valid questions against Miller taking jurisdiction of Case
H-08-60 fully informed he was a Bush nominee / appointee and disqualified
under Title 28, Section 455 prior to taking jurisdiction.
. 15. Furthermore, Miller did not take jurisdiction under verification or
sworn oath that he was not subject to disqualification under Title 28,
Section 455, or under verification or sworn oath that he was not acting
outside his ministerial and discretionary scope in conflict as a Bush
Nominee / Appointee.
. 16. The information of Case H-08-60 explained that part of Plaintiffs'
litigation of Case H-08-60 was seeking and offering rewards of $25 Million
(See Appendix 2 and also see ) expected to come
from jury verdicts in Case H-08-60 on behalf of captured U.S. soldier
Prisoners of War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron
W. Fouty. In conjunction with information of Case H-08-60, Plaintiffs were
offering rewards of $25 Million on the internet (See Appendix 2) linked to
litigation of Case H-08-60 in efforts to save the lives of Sgt. Keith
Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty who were facing
mutilation, torture, and death in Iraq .
. 17. Miller ignored the plight of Sgt. Keith Maupin, Spc. Alex R. Jimenez
and Pvt. Byron W. Fouty when he snaked around the proscriptions of USC Title
28, Section 455 and wrongfully took jurisdiction apparently focused on
dismissing Plaintiffs' Case H-08-60 against his mentor, Bush, and his
mentor's
Attorneys General and Cabinet Secretaries.
. 18. Miller denied Plaintiffs' Application To Proceed Without Payment Of
Fee in Case H-08-60 on 25 Feb 2008; and, Plaintiffs never received
information of Miller's said denial from the Court Clerk. Miller's said
"Denial" was issued outside his Ministerial and Discretionary scope by
reason of the facts indicating he was not qualified to take jurisdiction
because he was disqualified pursuant to 28 USC, Section 455 in his "Conflict
of Interest.
. 19. Miller's wrongful denial of 25 Feb 2008 thereby had catastrophic
consequences for captured U.S. soldier Prisoners of War ,, Sgt. Keith
Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty ,, who Miller ignored
when he issued his denial, which had the effect of allowing unchallenged
continuance of said U.S. Executive Branch issued $50,000 'Death Sentence'
Rewards, effectively motivating Terrorists to mutilate, torture, and murder
captured U.S. soldier Prisoners of War in "War Crime" violations of Geneva
Convention III of 1949 and Geneva Protocols of 1977 as further explained,
herein.
. 20. Linked to Miller's Denial and bizarre refusal to address the life
and death issues of Case H-08-60 and Miller instead focus on the $450 filing
fee marks Miller and reveals his unbalanced state of mind in that he focused
on trivia while the lives of three captured U.S. soldier Prisoners of War
hung in the balance endangered by Miller's Denial and delays of Case
H-08-60.
. 21. Miller, by taking jurisdiction outside his ministerial and
discretionary scope as disqualified under 28 Section 455 and by wrongfully
denying Plaintiffs' life saving efforts of Case H-08-60 on 25 Feb 2008,
Miller effectively removed any lawful potential for change in said U.S.
Executive Branch issued $50,000 'Death Sentence' Rewards.
. 22. Thus, Miller, disqualified under Title 28, Section 455 and then
acting in his Private Persona, issued an unlawful denial in Case H-08-60
which prevented Case H-08-60 from going forward to make life saving efforts
on behalf of captured U.S. soldier Prisoners of War, Sgt. Keith Maupin, Spc.
Alex R. Jimenez, and Pvt. Byron W. Fouty.
. 23. Disqualified under Title 28, Section 455 and by denying Case
H-08-60 to go forward in a timely manner to publich
"equal-to-terrorist-$25-Million-reward-conditions" of $25 million dollar
Rewards on behalf of the lives of captured U.S. soldier Prisoners of War ,,
Sgt. Keith Maupin, Spc. Alex R. Jimenez, and Pvt. Byron W. Fouty, Miller,
acting in his Private Persona, did interfere with Plaintiffs' Case H-08-60
and prevented "equal-to-terrorist-$25-Million-reward-conditions" from being
heard by a jury in a timely manner.
. 24. As a connected result of Miller's wrongdoing in making the $450
filing fee a more important focus of Case H-08-60 than the lives of captured
U.S. soldier Prisoners of War, while Miller acted outside the ministerial
and discretionary scope of U.S. District Court Judge and, instead, acted in
his Private Persona as "Gray Miller, the body of Sgt. Keith Maupin was
recovered in Iraq on 30 March 2008, and the bodies of Spc. Alex R. Jimenez
and Pvt. Byron W. Fouty were recovered on 09 July 2008.
. 25. The fact that Miller acted in the above described manner indicates
Miller is unbalanced in his mental abilities to recognize that there is a
profound difference between life and death issues compared to the trivia of
his emphasis on the $450 filing fee.
. 26. In conformance with 5th Cir. R., Plaintiff is not disputing Miller's
wrongful denial of Plaintiffs' Application To Proceed Without Payment Of Fee
in Case H-08-60 even though Miller's denial should have no standing.
Plaintiff MacKenzie is pointing out the obvious conditions that existed
before Miller took wrongful jurisdiction and issued his wrongful Denial.
. 27. It should be noted that there are four family Plaintiffs listed in
Case H-08-60. Julieta Vasquez-MacKenzie the Aunt of Kristian Menchaca is
unemployed, without funds, and should have right to proceed under Forma
Pauperis, yet was denied by Miller while acting outside his ministerial and
descretionary scope disqualified under Title 28 Section 455, then acting in
his Private Persona as Gray Miller (not "U.S. Judge Gray Miller").
. 28. Cesar Menchaca, brother of Kristian Menchaca is unemployed, without
funds, and should have right to proceed under Forma Pauperis, yet was denied
by Miller while acting outside his ministerial and descretionary scope
disqualified under Title 28 Section 455, then acting in his Private Persona
as Gray Miller (not "U.S. Judge Gray Miller").
. 29. Maria Guadalupe Vasquez, mother of Christian Menchaca, under
employed based on her economic condition, should have right to proceed under
Forma Pauperis, yet was denied by Miller while acting outside his
ministerial and descretionary scope disqualified under Title 28 Section 455,
then acting in his Private Persona as Gray Miller (not "U.S. Judge Gray
Miller").
.30. Kenneth MacKenzie was allowed to proceed in U.S. District Court to
U.S. Supreme Court twice under his current economic profile in U.S. Supreme
Court cases 95-9090 and 97-7616, yet was denied Application To Proceed
Without Payment Of Fee in Case H-08-60 in Miller's denial of 25 Feb 2008, by
Miller while acting outside his ministerial and descretionary scope
disqualified under Title 28 Section 455, then acting in his Private Persona
as Gray Miller (not "U.S. Judge Gray Miller")..
. 31. Plaintiffs' filed Case H-08-60 seeking orders to make rewards equally
available to captured U.S. soldier Prisoners of War; and, Plaintiffs sought
damages to be paid by Defendant Gonzales to the Vasquez Menchaca family,
while listing several "Interested Parties" including Bush as possible
Defendants should investigation indicate they were culpable in the wrongful
death of Plaintiffs' family member, PFC Kristian Vasquez Menchaca, who was
captured by Terrorist insurgents, during June 2006, together with PFC Thomas
Tucker in Yosifiya, Iraq and both barbarically tortured to death largely as
a consequence said discriminatory "U.S. $50,000 'Death Sentence' Rewards"
broadcast by the U.S. government after their surrender / capture (not before
surrender / capture).
. 32. Plaintiffs' complaint is that Judge Gray Miller wrongfully took
jurisdiction of this Case H-08-60 in disregard of Title 28, Section 455;
and, after taking jurisdiction, Miller's Denial of Plaintiffs' Application
to Proceed Without Payment was made outside Miller's ministerial and
discretionary scope and made in a condition that was a violation of Title
28, Section 455 regarding Case H-08-60.
. 33. In retrospect of Miller taking jurisdiction of Case H-08-60,
after the facts are considered that former Attorney General Gonzales is
listed as a Defendant, President Bush's name is listed as a "PARTY, and a
large number of Bush Cabinet Secretary appointees are listed as "Interested
Parties" in H-08-60, why did Judge Miller not "do what is easy" and simply
allow another judge who was not a Bush nominee / appointee take jurisdiction
of H-08-60? The obvious answer to the obvious answer is that Miller
obviously was obviously motivated by some interest to protect his Mentor,
G.W. Bush and his several Cabinet Secretaries from facing the unpleasant
prospect of answering for their structured and minipulated U.S. $50,000
'Death Sentence' Rewards" against captured U.S. soldier prisoners of War
that targeted them after capture motivating the very same Terrorist groups
who were beneficiaries of life saving Mega Million/$25 Million Dollar
Rewards to mutilate, torture, and murder $50,000 'Death Sentence'.
targeted U.S. soldiers ruthlessly denied "Fourteenth Amendment" equality of
Terrorist life saving Mega Million/$25 Million Dollar Rewards that proveably
saved the lives of all 100% of Terrorists who surrendered in Iraq, while
U.S. $50,000 'Death Sentence' Rewards" ruthlessly targeted and motivated
the mutilation, torture, and murder of all 100% of captured U.S. soldier
prisoners of War in Iraq, said Mega Million/$25 Million Dollar life Rewards
contrasting to $50,000 'Death Sentence' Rewards" and thereby illustrating a
relentlessly targeted low life value to captured U.S. soldier prisoners of
War in criminal violation of Geneva Conventions and also in criminal
violation of the U.S.RICO Act and U.S. Treason Act by encouraging and
motivating Terrorist organization enemies of the United States (whose
members benefitted after surrender by said Mega Million/$25 Million Dollar
Rewards that motivated their Iraqi Sunni and Shiite and Kurdish captors not
to mutilate, torture and murder them after capture) to mutilate, torture,
and murder all 100% of captured U.S. soldier prisoners of War.
. 34. From Petitioners' common sense point of view in this matter, Judge
Gray Miller appears to be mentally disabled, or worse, which indicates he
may be as mentally disabled as those in the U.S. Executive Branch whose life
destroying reward policies he appears to support.
. 35. Judge Gray Miller's decision to take jurisdiction of Plaintiffs'
U.S. District Court Case H-08-60, Houston, after being presented with the
Case H-08-60 caption listing former Attorney General Alberto Gonzales as
Defendant (Gonzales was a President-G.W.-Bush-appointee, like Miller), after
being presented with the Case H-08-60 caption listing as
"Interested-Parties, members of the U.S. Executive Branch selected by
Bush, and after being presented with the Case H-08-60 caption listing
President G.W. Bush as an "Interested Party, President G.W. Bush being the
very same party who had nominated Miller to his decision-making position as
District Court judge, Miller wrongfully took "conflict-of-interest"
jurisdiction of Case H-08-60 when it was flooded with "Interested Parties,
including President Bush, whose presence in Case H-08-60 indicated an
"extreme-conflict-of-interest" should Miller take jurisdiction of Case
H-08-60.
. 36. SEE: "USC Title 28, Section 455. Disqualification of justice, judge,
or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall
disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning the proceeding;
. 37. Miller took jurisdiction informed by the caption in Case H-08-60 of
the names of the listed Executive Branch Defendant, Attorney General
Gonzales (nominated by Bush), and the Interested Parties, including Miller's
mentor, President G.W. Bush, listed on the caption of Case H-08-60, which
jurisdiction was immediately apparent as a "conflict of interest" to Miller
due to the fact that Bush had nominated Miller to Miller's position as
District Court judge; and, obviously if Miller took jurisdiction, then
Miller could repay Bush's nomination favor by dismissing Case H-08-60 civil
crime tort complaints against Bush and his Executive Branch Attorney
Generals and Bush's Cabinet Secretaries and dismissing Case H-08-60 civil
crime tort complaints against Bush, himself, wherein Bush and his Executive
Branch Secretaries and Attorneys General could reasonably be named as
Defendants in Case H-08-60 should further facts indicate Bush and his
Secretaries ought to be named as Defendants.
. 39. Miller took jurisdiction of Case H-08-60 informed that :
(1) he was in "conflict of interest" outside his ministerial and
descretionary scope in disqualification under "USC Title 28, Section 455,
thereby acting in his Private Person Persona.
(2) Miller took jurisdiction of Case H-08-60 informed that "USC Title 28,
Section 455 applied: (a) Any justice, judge, or magistrate judge of the
United States shall disqualify himself in any proceeding in which his
impartiality might reasonably be questioned . . .
(3) Miller took jurisdiction of Case H-08-60 surreptitiously without
informing Petitioners he was a Bush nominee / appointee,
(4) took jurisdiction in "conflict of interest" outside his ministerial and
descretionary scope in disqualification under "USC Title 28, Section 455,
thereby acting in his Private Person Persona obviously intent on issuing a
denial that would likely operate to also deny "Terrorist Captured U.S.
soldier Prisoners of War" in Iraq and Afghanistan any opportunity at equal
Life saving $25 Million Rewards that could come from Case H-08-60 and
thereby save their lives in the same manner as said $25 Million dollar
Rewards were saving the lives of Terrorists who surrendered in Iraq;
(5) Miller in "conflict of interest" outside his ministerial and
descretionary scope in disqualification under "USC Title 28, Section 455,
thereby acted in his Private Person Persona while ignoring "USC Title 28,
Section 455, . (1) Where he has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts concerning the
proceeding';
(6) Before Miller took jurisdiction of Case H-08-60, in "conflict of
interest" outside his ministerial and descretionary scope in
disqualification under "USC Title 28, Section 455, thereby acting in his
Private Person Persona, he was informed by Case H-08-60 of the following
concerns on pages 343 and 344 of Plaintiffs' primary Geneva Convention &
RICO Crime complaints, wherein Plaintiffs' were seeking damages and Court
orders in an effort to save the lives of "Terrorist Captured U.S. soldier
Prisoners of War" targeted with U.S. $50,000 'Death Sentence' Rewards"
offered in Iraq and Afghanistan, Plaintiffs' litigation of Case H-08-60
offering rewards of $25 Million expected to come from jury verdicts on
behalf of captured U.S. soldier Prisoners of War ,, Sgt. Keith Maupin, Spc.
Alex R. Jimenez and Pvt. Byron W. Fouty , and Plaintiffs offering rewards of
$25 Million on the internet linked to litigation of Case H-08-60, said
Reward Life Values sought by Plaintiffs to come from expected judgements in
Case H-08-60 and to come from Reward donations sought by Plaintiffs to be
made by the U.S. public to Reward Funds that Plaintiffs sought to establish
as connected to Case H-08-60, under jurisdiction of the Court.
. 40. SEE: U.S. Case H-08-60 ( Houston, Texas ) æ ®..488. order that
that U.S. Attorney General Mukasey (In Office: 09 Nov 2007)-Rice-Gates be
restrained from administratively 'bad-faith' manipulating further
torture-murders together with terrorist accessories, at large, and all
previous reward offers based on said Title 1, "Counterterrorism fund, Title
18, Title 22, and other U.S. Code Titles on "Rewards" for captured U.S.
troops and "Rewards" for captured Terrorists be totaled and future rewards
from said fund be offered as a $25 million dollar reward offered for each
captured U.S. soldier returned alive into U.S. custody, said $25 million
dollar rewards for U.S. Soldiers' life-value to at least equal for U.S.
Soldiers the rate of $25 million dollar rewards currently offered ($77
million previously paid) to save the lives of terrorists.
. 41. Apparently, the current U.S. Attorney General Mukasey (09 Nov
2007) , and Secretary Of State Rice intend to continue to administratively
'bad-faith' violate the U.S. Treason Act and deny equal life saving rewards
allocated from said U.S. `Counterterrorism Fund' reward money provisioned
under USC TITLE I, Section 101 and under "TITLE 18, 祣tion 3071, Section
3072, and 22 U.S.C. Section 2708, money provisioned for the release of Spc.
Alex R. Jimenez, 25, of Lawrence, Massachusetts, and (5) Pvt. Byron W.
Fouty, 19, of Waterford, Michigan, captured 12 May 2007, 2007 in Al Taqa,
Iraq; and, . intend to stand by to allow Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty to be tortured to death as were 101st
Airborne Division soldiers Pfc. Kristian Menchaca, 23, of Houston, Texas,
and Pfc. Thomas L. Tucker, 25, of Madras, Oregon. Therefore, it is most
urgent that Mukasey (09 Nov 2007) -Rice-Gates be restrained from
administratively 'bad-faith' manipulating further torture-muders together
with terrorist accessories, at large, who have demonstrated they commit war
crimes against $50,000 low reward captured U.S. soldiers and violate the
Geneva Conventions (I, III, IV), and, Geneva Convention Protocols I and II
relative to the treatment of PRISONERS OF WAR.
.42. Therefore, again, more U.S. Soldiers are certain to be tortured,
while the current U.S. Attorney General Michael Mukasey (09 Nov 2007) and
Secretary Of State Rice watch, meanwhile withholding previously allocated
reward money, already to be paid from said U.S. `Counterterrorism Fund,
reward money provisioned under USC TITLE I, Section 101 and under "TITLE 18,
祣tion 3071, Section 3072, and ignoring 22 U.S.C. Section 2708 to save the
lives of war prisoners Maupin, Jimenez and Fouty...
. 43. Without signing any oath directly answering Title 28, Section 455,
in "conflict of interest" outside his ministerial and descretionary scope in
disqualification under "USC Title 28, Section 455, thereby acting in his
Private Person Persona, Miller took jurisdiction of Case H-08-60 and issued
his denial which somehow never reached Plaintiffs in the mail; and, Miller
then did nothing while said captured U.S. soldier Prisoners of War ,, Sgt.
Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty , were murdered,
while denied by Bush and Miller the higher $25 million Dollar Rewards that
protected the terrorists Bush and Miller protected with said $25 million
Dollar Rewards while denying same to captured U.S. soldier Prisoners of
War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty.
.44 While Miller did nothing in "conflict of interest" outside his
ministerial and descretionary scope in disqualification under "USC Title 28,
Section 455, thereby acting in his Private Person Persona, the death
notifications regarding all three of said captured U.S. soldier Prisoners of
War ,, Sgt. Keith Maupin (body found 30 Mar 2008), Spc. Alex R. Jimenez
(body found 09 Jul 2008) and Pvt. Byron W. Fouty (body found 09 Jul 2008) ,,
became published in the news media.
. 45. Miller's said denial in "conflict of interest" outside his
ministerial and descretionary scope in disqualification under "USC Title 28,
Section 455, thereby acting in his Private Person Persona on Case H-08-60
and essential denial of immediate jury trial and delays caused by the
circumstances of Miller's behavior essentially maintained the operation of
U.S. Executive Branch treasonable $50,000 'Death Sentence' Rewards, which
previously had been instrumental in the mutilation-torture-murders of Pvt
Kristian Menchaca (Plaintiffs' family member), Pvt Thomas Tucker, and Pvt
Joseph Anziak, all who were not informed at enlistment that the U.S.
Executive Branch had plans to slander, defame, betray, and otherwise lower
their Reward life values 500 times below the lives of Terrorist enemies of
the United States during Wartime to such an extent that said treasonable
$50,000 'Death Sentence' Rewards" essentially established that the lives of
"Terrorist Captured U.S. soldier Prisoners of War" were essentially valued
at a level of "TRASH, at 500 times less than the lives of Terrorist enemies
of the United States.
. 46. Said treasonable $50,000 'Death Sentence' Reward" that Miller
manipulated to "continue-in-progress" was maintained by Miller making the
U.S. Court filing fee more important than higher life saving $25 Million
Rewards for captured US soldier Prisoners Of War, thereby in "conflict of
interest" outside his ministerial and descretionary scope, in
disqualification under "USC Title 28, Section 455, thereby acting in his
Private Person Persona not allowing immediate processing of Plaintiffs' Case
H-08-60, which sought to raise the $50,000 'Death Sentence' Rewards" to a
higher level of $25 Million equal to those life saving $25 Million Rewards
the U.S. advertised and paid on behalf of terrorist enemies of the United
States, while Pvt Kristian Menchaca (Plaintiffs' family member), Pvt Thomas
Tucker, and Pvt Joseph Anziak, Sgt. Keith Maupin (body found 30 Mar 2008),
Spc. Alex R. Jimenez (body found 09 Jul 2008) and Pvt. Byron W. Fouty (body
found 09 Jul 2008) were tortured to death and murdered by the very same
terrorists who were beneficiaries of said higher
"mega-million-to-$25-Million-dollar" life Rewards as advertised by Defendant
Gonzales and the U.S. Executive Branch "Interested Parties, Attorney
Generals Ashcroft and Mukasey, Secretaries Rice, Rumsfeld, and Gates at U.S.
Department of State and Department of Justice "Rewards For Justice" Web
sites.
. 47. SEE: Rewards for Justice, Washington , D.C.20522-0303, 1-800-877-3927;
RFJ@state.gov; http://www.rewardsforjustice.net/
http://www.rewardsforjustice.net/index.cfm?page=wanted_captured&languag e=english
. 48. There are many reasons why Judge Gray Miller obviously should have
not taken wrongful "Conflict-of-Interest" jurisdiction of Case H-08-60;
however, Miller's wrongful application of "Bush-Conflict-of-Interest"
misappropriation of jurisdiction and Miller's wrongful application of
"Bush-Conflict-of-Interest" authority could have easily been assigned to
another U.S. District Court judge, essentially assigned to a non-Bush
nominee not in conflict.
. 49. However, Miller grabbed a "Bush-Conflict-of-Interest"
expropriation- control of Case H-08-60 and enabled himself as a
self-appointed surrogate of Bush in "conflict of interest" outside his
ministerial and descretionary scope, in disqualification under "USC Title
28, Section 455, thereby acting in his Private Person Persona to deny
Plaintiffs any opportunity for a public trial that would expose the
treasonable $50,000 'Death Sentence' Reward" structures of the U.S.
Executive Branch targeting "Terrorist Captured U.S. soldier Prisoners of
War" with U.S. $50,000 'Death Sentence' Rewards" in violation of Geneva
Convention III of 1949 and Geneva Protocols of 1977, as described in Case
H-08-60.
.50. Miller's "conflict of interest" outside his ministerial and
descretionary scope, in disqualification under "USC Title 28, Section 455,
thereby acting in his Private Person Persona had catastrophic death
consequences for the remaining three terrorist-captured U.S. soldier
Prisoners Of War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron
W. Fouty , whose lives might well have been saved by timely application of
the U.S. Rewards that Plaintiffs sought to equalize, in balance with the
equal-protection-of-the-law provisions of the U.S. Fourteenth Amendment, as
equal in value to the Mega-Million dollar rewards the U.S. Executive Branch
was then currently advertising and paying-out, and paying-out on behalf of
captured terrorists in Iraq and Afghanistan, which had the effect of saving
the lives of "at-large" terrorists who surrendered, as said U.S.
mega-million-dollar Rewards were advertised at U.S. government Department of
Justice and Department of State published "Rewards For Justice" Web sites.
.51. SEE: Rewards for Justice, Washington , D.C.20522-0303, 1-800-877-3927;
. 52. Miller's wrongful "conflict of interest" outside his ministerial
and descretionary scope, in disqualification under "USC Title 28, Section
455, thereby acting in his Private Person Persona in application of
"Bush-Conflict-of-Interest" judicial authority to deny Plaintiffs'
Application to proceed to hearing and immediate trial of Case H-08-60,
essentially interfered with life saving U.S. Reward publications of
"Fourteenth Amendment Equal-to-terrorist-$25 Million Dollar Rewards for
Captured U.S. Soldiers" on behalf of the lives of Sgt. Keith Maupin, Spc.
Alex R. Jimenez and Pvt. Byron W. Fouty, who were then, 22 Feb 2008 being
held as terrorist-captured U.S. soldier Prisoners Of War in Iraq and facing
barbaric mutilation, torture, and murder at the hands of their terrorist
captors. Hearing and immediate trial of Case H-08-60 would undoubtedly have
changed all this had not Miller expropriated jurisdiction away from other
U.S. judges who were not self-appointed Henchmen for the U.S. Executive
Branch White House.
. 53. Plaintiffs waited on Miller's decision regarding their "Application
to Proceed Without Payment of Fee" (Forma Pauperis) from February to June
2008. Plaintiff Kenneth MacKenzie then contacted the Court Clerk to
determine if the Court assessed additional charges to issue Summons in Case
H-08-60. The Clerk explained that Miller had denied Plaintiffs' "Application
to Proceed Without Payment of Fee" on 25 Feb 2008 and the Clerk had mailed
him a copy of Judge Miller's Denial during February 2008.
. 54. Plaintiff Kenneth MacKenzie explained he was unaware of Miller's
denial, had never received notice of Miller's Denial in the mail, and
requested a copy from the U.S. District Court Clerk.
. 55. Plaintiff Kenneth MacKenzie then filed an Appeal of Miller's said
denial with the U.S. Fifth Circuit Court of Appeals in New Orleans .
. 56. Subsequently, Plaintiff Kenneth MacKenzie learned from U.S. News
media that Sgt. Keith Maupin's body remains had been found, 30 March 2008,
in Iraq after the U.S. Defense Department had paid more than $200,000 to
Informants to reveal the location. Later, 09 Jul 2008, the U.S. News Media
announced the body recoveries of Spc. Alex R. Jimenez and Pvt. Byron W.
Fouty.
. 57. Based on U.S. Army intelligence that Sgt. Keith Maupin, Spc. Alex
R. Jimenez and Pvt. Byron W. Fouty were alive at the time Plaintiffs filed
their lawsuit Case H-08-60, then Miller's denial in "conflict of interest"
outside his ministerial and descretionary scope, in disqualification under
"USC Title 28, Section 455, thereby acting in his Private Person Persona on
Plaintiffs' "Application to Proceed Without Payment of Fee" on 25 Feb 2008
effectively interfered with and blocked Plaintiffs' Case H-08-60 efforts to
save Sgt. Keith Maupin's life by Plaintiffs' seeking higher $25 Million
Dollar 'Fourteenth Amendment Equal' Rewards on behalf of "Terrorist
Captured U.S. soldier Prisoners of War" who were apparently evaluated as
"Undermen" by the Miller-supported U.S. Executive Branch at $50,000 Dollar
'Death Sentence' Reward, each.
. 58. Hence, Miller's denial in "conflict of interest, outside his
ministerial and descretionary scope, in disqualification under "USC Title
28, Section 455, thereby acting in his Private Person Persona on Plaintiffs'
"Application to Proceed Without Payment of Fee, on 25 Feb 2008, effectively
interfered with and blocked Plaintiffs' Case-H-08-60-sought
"Fourteenth-Amendment-EQUAL-To-Terrorists" $25 Million life-saving Rewards
on behalf of "Terrorist Captured U.S. soldier Prisoners of War"; and,
Miller thereby corruptly and criminally denied the "U.S. Bush White House
$50,000-Dollar-'Death-Sentence'-Reward-targeted Sgt. Keith Maupin, Spc. Alex
R. Jimenez, and Pvt. Byron W. Fouty an "equal chance" to be $25 Million
"Reward-equal" to terrorist enemies of the United States during wartime.
Essentially, in bad faith and conflict of interest, Miller deliberately,
corruptly and criminally, with malice aforethought, expropriated
jurisdiction of Case H-08-60 apparently with the premeditated purpose of
murderously denying "Terrorist Captured U.S. soldier Prisoners of War" the
possibility of "equal" life saving Rewards of $25 Million that had already
proven to save the lives of 100% of all Terrorists who had surrendered in
Iraq.
. 59. Miller's murderously treasonable denial of Case H-08-60 efforts
to save "U.S. Bush White House
$50,000-Dollar-'Death-Sentence'-Reward-targeted
Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty from the
treasonable effects of the "U.S. Bush White House
$50,000-Dollar-'Death-Sentence'-Rewards
clearly revealed Miller's murderous Treason against the soldiers and
national defense of the United States that is outside Miller's ministerial
and discretionary scope, which proveably indicates Miller must be impeached
and prosecuted for his murders and treasons against the people and military
personel of the United States.
. 60. Miller premeditatedly taking jurisdiction, when Title 28 Section
455 clearly indicated he should recuse himslef, shows that Miller intended
to issue denials that would treasonably cost the lives of "Terrorist
Captured U.S. soldier Prisoners of War" as Bush's and Miller's record
clearly illustrates. Said captured U.S. soldier Prisoners of War ,, Sgt.
Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty , were savagely
murdered by their Terrorist Captors, while said U.S. soldier Prisoners of
War were denied by Bush and Miller the higher $25 million Dollar Rewards
that saved the lives of terrorists Bush and Miller protected with said $25
million Dollar Rewards while ruthlessly, relentlessly, and treasonably
denying same life saving protection to captured U.S. soldier Prisoners of
War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty.
. 61. The facts indicate that Miller had information that indicated
"U.S. $50,000-Dollar-'Death-Sentence'-Rewards had targeted Sgt. Keith
Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty, before Miller took
jurisdiction of Case H-08-60. Miller took jurisdiction that was not his to
take by snaking around Title 28, Section 455 and issuing denials against
Plaintiffs' efforts to save the lives of said captured U.S. soldier
Prisoners of War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron
W. Fouty , who were savagely murdered by their Terrorist Captors, while said
U.S. soldier Prisoners of War were denied by Bush and Miller the higher $25
million Dollar Rewards that saved the lives of terrorists who Bush and
Miller protected with said $25 million Dollar Rewards while ruthlessly,
relentlessly, and treasonably denying same life saving protection to
captured U.S. soldier Prisoners of War ,, Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty.
. 62. Should another U.S. District Court judge, instead of Miller, have
taken jurisdiction of Case H-08-60 and allowed $25 Million dollar Rewards in
defiance of the Bush U.S. Executive Branch $50K Death Rewards, it would be
almost impossible for the Bush U.S. Executive Branch to appeal in front of
the public as at that perticular juncture the Bush Administration would be
then be publicly recognized as appealing to restore its treasonably low
$50,000 Death Sentence Rewards to continue motivating Terrorists to
mutilate, torture, and murder "Terrorist Captured U.S. soldier Prisoners of
War" as contrasted alongside Bush-Gonzales-Rice $25 Million dollar Rewards
for terrorists, which said $25 Million dollar Rewards if allowed for
captured U.S. soldier Prisoners of War would be 14th Amendment Equal and
thereby would create higher potential to save the lives of captured U.S.
soldier Prisoners of War.
. 63. Miller was informed of this and instead elected to corruptly
expropriate jurisdiction of Case H-08-60 when other U.S. District Court
Judges could have been assigned to Case H-08-60 had Miller not expropriated
Case H-08-60 for his own wrongful decision making process, which directly
and indirectly aided and abbeted life destroying Terrorism against said
captured U.S. soldier Prisoners of War ,, Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty , who were savagely murdered by their
Terrorist Captors, while said U.S. soldier Prisoners of War were denied by
Bush and Miller the higher $25 million Dollar Rewards that saved the lives
of terrorists who Bush and Miller protected with said $25 million Dollar
Rewards while ruthlessly, relentlessly, and treasonably denying same life
saving protection to captured U.S. soldier Prisoners of War.
. 64. Miller was informed that such an Executive Branch Appeal would
reveal the U.S. Executive Branch had been committing furtive and
surruptitious life-destroying Treason against captured U.S. soldier
Prisoners of War in violation of Title 18 US Code once the Appeal was seen
alongside the body count of $50,000 Death Sentence U.S. soldiers in the
light of Public Opinion.
. 65. Moreover, the tortured bodies of captured U.S. soldier Prisoners
of War in direct correlation of Miller's Treasons in denying them right to
higher and equal Rewards of $25 Million U.S. provided to Terrorists would
also expose Miller's U.S. Code Treasons against captured U.S. soldier
Prisoners of War as Miller had operated his U.S. Code Treason violations
when he administratively and judicially murdered Sgt. Keith Maupin, Spc.
Alex R. Jimenez and Pvt. Byron W. Fouty by means of his said denials in Case
H-08-60. Whle "murder" appears to be a strong term, this stronng term murder
is exactly what was inflicted on captured U.S. soldier Prisoners of War in
direct correlation of Miller's Treasons in denying U.S. soldier Prisoners of
War right to higher and equal Rewards of $25 Million U.S. provided to
Terrorists by Miller's mentally unbalanced behavior of Miller insisting that
a $450 Court fee was more important than the lives of said captured U.S.
soldier Prisoners of War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt.
Byron W. Fouty , who were savagely murdered by their Terrorist Captors,
while said U.S. soldier Prisoners of War were denied by Bush and Miller the
higher $25 million Dollar Rewards that saved the lives of terrorists who
Bush and Miller protected with said $25 million Dollar Rewards.
. 66. Miller's denial of Plaintiffs' Case H-08-60 effectively identified
Miller as an "Anti-American" judge issuing "Auschwitz-type" judicial
decisions in support of "Auschwitz-type" U.S. Attorney Generals and
"Treasonable U.S. Executive Branch Secretaries" that produced
"Auschwitz-type" 'Death-Sentences' against "Terrorist Captured U.S. soldier
Prisoners of War.
. 67. It is not hyperbole to say "Cain slew Able"; and, Miller slew
Maupin, Fouty, and Jimenez, by means of denying Case H-08-60 Plaintiffs'
efforts to proceed. While it is obvious that Miller's judicial denial of
Plaintiffs' Case H-08-60 did relate to the Terrorist murders of Maupin,
Fouty, and Jimenez, and was both indirect and direct, this condition does
not make Miller's slaying of Maupin, Fouty, and Jimenez any less truthful.
. 68. Miller's Forma Pauperis denial interfered with Plaintiffs' Case
H-08-60 efforts to increase U.S. Reward amounts to $25 Million each for
captured U.S. soldier Prisoners of War and on behalf of captured U.S.
soldier Prisoners of War in direct correlation of Miller's Treasons in
denying Maupin's, Fouty's, and Jimenez's Fourteenth Amendment right to
higher and equal Rewards of $25 Million U.S. Reward dollars already bestowed
to Terrorists by Attorney Generals Ashcroft, Gonzales, and Mukaysey, said
$25 Million U.S. Reward dollars having been criminally and treasonably
denied to Maupin, Fouty, and Jimenez by Attorney General Ashcroft, Attorney
General Gonzales, Sectretaries Rice & Rumsfeld denying $25 Million U.S.
Reward dollars, then later treasonably denied to Maupin, Fouty, and Jimenez
sucessively by Attorney General Mukaysey, Secretary Rice, and Gates.
. 69. Miller's wrongful expropriation of Case H-08-60 and refusal to
recuse himself indicates "the thing speaks for itself ('Res Ips Loquitor'),
a Pattern of behavior by Miller that incorporates the same manipulation of
"U.S. $50,000 'Death Sentence' Rewards" that Miller continued when he
ignored the fact that he was a Bush Nominee / Appointee, and concealed from
Plaintiffs the fact that he was a Bush Nominee, who most wrongfully ignored
USC Title 28, Section 455, and wrongfully took jurisdiction which was
outside Miller's Ministerial and Discretionary scope according to the
provisions of USC Title 28, Section 455, thereby Miller issuing Miller's
denial in Case H-08-60 that effectively blocked Plainfiffs; and,
furthermore, following from Miller's denial, the U.S. Court Clerk did not
notify Plaintiffs in a timely manner by certified U.S. Mail regarding these
most important "life-and-death" issues as Miller's Denial applied to Maupin,
Fouty, and Jimenez. The Clerk's notification by regular U.S. mail proved to
be inadequate as Plaintiffs never received any word of Millers denial until
Plaintiff Kenneth MacKenzie contacted the Clerk in June 2008 to determine if
the Court charged for issuance of Summons.
. 70. Miller's entire pattern of conduct from his wrongful
expropriation of Case H-08-60 to his predictable "Denial" of "Plaintiffs'
Application to Proceed Without Payment of Fee (Forma Pauperis) indicates
that Miller had decided to subordinate the "U.S. $50,000 'Death Sentence'
Reward" considerations to the even lower amount of a $450 filing fee for
Case H-08-60 before he wrongfully expropriated jurisdiction of Case H-08-60
to manipulate his wrongful denial of Plaintiffs efforts to proceed to a
speedy trial and hearing.
. 71. Before unlawfully usurping and expropriating jurisdiction of
Case H-08-60, Miller apparently premeditated a criminal plan whereby after
wrongfully expropriating jurisdiction, Miller ignored and furthermore
trivialized Case H-08-60 by criminally subordinating the life and death
reward issue considerations of the U.S. Executive Branch "U.S. $50,000
'Death Sentence' Reward" offers to Miller's even lower criminal amount of a
$450 filing fee for Case H-08-60 requiring a $450 filing fee to be paid
before Miller would consider the fact that captured U.S. soldier Prisoners
of War ,, Maupin, Fouty, and Jimenez ,, in Iraq would be murdered by their
Terrorist Captors while Miller trivialized their lives at an even lower
amount of a $450 Court filing fee compared to "U.S. $50,000 'Death Sentence'
Rewards".
. 72. While there were several ways said $450 Court filing fee for Case
H-08-60 could have been processed or handled, Miller manipulatively and
unecessarily selected the single condition that created the most delay and
liklihood of mutilation, torture, and "certain-murder" against captured U.S.
soldier Prisoners of War ,, Maupin, Fouty, and Jimenez , by Miller
selectively denying "Plaintiffs' Application to Proceed Without Payment of
Fee (Forma Pauperis) for Case H-08-60, which sought to change the Bush
Executive Branch "U.S. $50,000 'Death Sentence' Reward" against captured
U.S. soldier Prisoners of War to become equal to higher life-saving Rewards
of $25 Million that Bush's Executive Branch was offering and paying to save
lives of surrendered terrorists and "at large" terrorists from April 2004
through 09 July 2008 and to the present time, but was treasonably denying to
captured U.S. soldier Prisoners of War unto torture, mutilation and murder
prohibited by Geneva Convention III of 1949 and The Geneva Protocols of
1977.
.73. Plaintiffs' Case H-08-60 set forth higher life-saving Rewards of $25
Million each for captured U.S. soldier Prisoners of War ,, Maupin, Fouty,
and Jimenez , that Miller treasonably denied as equal $25 Million dollar
rewards to captured U.S. soldier Prisoners of War ,, Maupin, Fouty, and
Jimenez ,, while Miller was actively and deliberately in violation of USC
Title 28, Section 455 and thereby acting outside of his Ministerial and
Discretionary scope.
. 74. When the overall pattern of Miller's behavior is examined, from
the time prior to his wrongful taking jurisdiction of Case H-08-60, in
conflict as a Bush appointee surruptitiously not informing Plaintiffs, a
Bush appointee denying captured U.S. soldier Prisoners of War ,, Maupin,
Fouty, and Jimenez , the $25 Million Dollar Rewards sought by Plaintiffs in
Case H-08-60, it is most apparent that Miller intended to insure that the
White House Reward Treasons against captured U.S. soldier Prisoners of War
would continue to motivate terrorist enemies of the United States to inflict
mutilation, torture, and murder against captured U.S. soldier Prisoners of
War, whose Reward life values had obviously been slandered and defamed by
"U.S. $50,000 'Death Sentence' Rewards" to the "lowest life value" in Iraq
and Afghanistan, in fact slandered to 500 times less than the most wanted
Terrorists, bin Ladin and Zawahiri, thereby portraying captured U.S. soldier
Prisoners of War as virtually valueless "trash" to their Moslem captors who
well understood the Moslem tradition of "Blood Money.
. 75. The horiffic consequences of said treasonable Executive Branch
"U.S. $50,000 'Death Sentence' Reward" policy were that Terrorist captors
consistently and predictably mutilated, tortured, and murdered captured U.S.
soldier Prisoners of War in violation of Geneva Convention III of 1949 and
Geneva Protocols of 1977 as inspired by "U.S. $50,000 'Death Sentence'
Rewards".
. 76. What is most revealing about Miller's wrongful behavior is that
Case H-08-60 redunantly set forth the details of said treasonable Executive
Branch "U.S. $50,000 'Death Sentence' Reward" policy and plainly explained
how said $50,000 'Death Sentence' Reward" policy had produced an ever
increasing body count of predictably mutilated, tortured, and murdered
captured U.S. soldier Prisoners of War in violation of Geneva Convention III
of 1949 and Geneva Protocols of 1977.
.77. Yet, Miller, with this information of Case H-08-60 in hand,
surruptitiously took jurisdiction apparently with the most vile and criminal
of intentions to deny Plaintiffs' efforts to increase rewards on behalf of
captured U.S. soldier Prisoners of War who were Victims of the White House
Executive Branch "U.S. $50,000 'Death Sentence' Reward" policy.
. 78. Miller's wrongful expropriation of Case H-08-60 and refusal to
recuse himself indicates that his deliberate denial of Plaintiffs'
"Application to Proceed Without Payment of Fee (Forma Pauperis) was
premeditatedly made with hostile and murderous indifference to the fate of
captured U.S. soldier Prisoners of War ,, Maupin, Fouty, and Jimenez.
. 79. Miller wrongfully interfered with Case H-08-60 by denying it from
being heard by a trail jury and Grand Jury. It is obvious that Miller
intended to prevent higher Rewards for captured U.S. soldier Prisoners of
War and intended to stand by to allow Sgt. Keith Maupin, Spc. Alex R.
Jimenez and Pvt. Byron W. Fouty to be tortured to death by Terrorist captors
in Iraq . And, this is essentially what happened as a result of Miller
denying Case H-08-60 going forward to trial, thereby treasonably denying
equal $25 Million dollar rewards to captured U.S. soldier Prisoners of
ar ,, Maupin, Fouty, and Jimenez ,, while Miller was actively and
deliberately in violation of USC Title 28, Section 455 and thereby acting
outside of his Ministerial and Discretionary scope.
. 80. This sequence of events is so obvious in Miller's behavior that
"the thing speaks for itself ('Res Ips Loquitor'): Miller's behavior and
denial of Case H-08-60 as being connected to the deaths of Sgt. Keith
Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty by denying Case H-08-60
from going forward to trial based on Miller's perverse demand that the $450
court filing fee be paid instead of waiving it in the interest of captured
U.S. soldier Prisoners of War ,, Maupin, Fouty, and Jimenez, thereby denied
and prevented higher Rewards to save their lives as equally as the U.S.
Executive Branch was saving Terrorist lives with the higher $25 Million
dollar Rewards it advertised at its several "Rewards for Justice" Web Sites
located at the U.S. Department of Justice and U.S. Department of State, at
the same time Miller's treasonable denial was in effect from 25 Feb 2008 to
the present, August 2008.
. 81. SEE: Rewards for Justice, Washington , D.C.20522-0303,
1-800-877-3927;

. 82. Maupin, Fouty, and Jimenez had U.S. Fourteenth Amendment rights
to higher and equal Rewards of $25 Million U.S. Reward dollars to be treated
with at least the same life-saving reward equality as Terrorist enemies of
the United States and not to be treasonably slandered so far downward as to
be publicly announced in the media as being assigned by their own government
as at the lowest reward values, "U.S. $50,000 'Death Sentence' Rewards, in
Iraq, unto 500 times less reward life value than the terrorist enemies of
the United States.
.83. At this particular juncture, it is most appropriate to question
whether the U.S. Executive Branch in its advocacy of the lowest reward
values, "U.S. $50,000 'Death Sentence' Rewards, in Iraq , unto 500 times
less reward life value than the terrorist enemies of the United States was a
violation of Title 18, Section 2381 , Treason, by deliberation or by error.
. 84. SEE: USC Title 18, Section 2381 , Treason: Whoever, owing allegiance
to the United States, levies war against them or adheres to their enemies,
giving them aid and comfort within the United States or elsewhere, is guilty
of treason and shall suffer death, or shall be imprisoned not less than five
years and fined under this title but not less than $10,000; and shall be
incapable of holding any office under the United States.
. 85. Plaintiff concedes that it is possible for high ranking persons
in U.S. government, deficiently educated in the law, even unbalanced U.S.
Court Judges like Miller, to ignorantly perpetrate and commit acts that
violate United States Codes, including ignorant violations of RICO
(especially RICO) and ignorant violations of Treason, completely oblivious
of the violations.
. 86. However, ignorance, if true, does not mean that ignorant
perpetration of a serious U.S. Code violation linked to atrocities and War
Crimes against captured U.S. soldier Prisoners of War ,, Maupin, Fouty, and
Jimenez ,, should be ignored or forgiven.
. 87. U.S. Judge Miller, after reading and learning the contents of
Case H-08-60, obviously planned to expropriate wrongful jurisdiction with
the purpose in mind of delaying consideration of U.S. Case H-08-60 in direct
correlation of denying Maupin's, Fouty's, and Jimenez's Fourteenth Amendment
right to higher and equal Rewards of $25 Million U.S. Reward dollars to be
Reward equal to Terrorists who were surviving surrender and capture in Iraq
at a 100 % survival rate because they were blessed with Mega-Million dollar
rewards while U.S. soldiers were cursed with "U.S. $50,000 'Death Sentence'
Rewards, which obviously caused them to be tortured to death and murdered
as targets of Bush's White house Culture of Torture.
. 88. The information of this issue indicates that captured U.S. soldier
Prisoners of War Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W.
Fouty were murdered during the time period of 22 Feb 2008 to 08 July 2008,
during said time period that U.S. Judge Miller, outside his ministerial and
discretionary scope, did deny Plaintiffs' efforts to provide $25 Million
Dollar Rewards to save the lives of captured U.S. soldier Prisoners of
War ,, Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W. Fouty ,, on
a Reward life value equal to said $25 Million U.S. Reward dollars bestowed
by the U.S. Executive Branch on Terrorists.
. 89. Miller's denial was in "conflict of interest, outside his
ministerial and descretionary scope, in disqualification under "USC Title
28, Section 455, thereby acting in Miller's Private Person Persona In
decisions that impact the question of human-life during administration of
any private or government institution, meanwhile understanding there are
many ways to administratively save or destroy lives, directly and
indirectly, or by manipulation of nonfeasance, misfeasance, or malfeasance.
. 90. Thus, Miller's denial of Case H-08-60 did have the same
detrimental and life-destroying effect as applied by the U.S. Executive
Branch against Sgt. Keith Maupin, Spc. Alex R. Jimenez and Pvt. Byron W.
Fouty. Miller's wrongful behavior in not recusing himself is very obvious on
the face of the record in the matter of Case H 08 60 that "the thing speaks
for itself ('Res Ips Loquitor').
. 91. Complainant / Plaintiff requests this Court to appoint a 'Special
Counsel' to present information of the herein alleged Felonies to a U.S.
Grand Jury if the U.S. Department of Justice, U.S. Attorney General, fails
or refuses to present information of the listed Crimes, herein, to a Grand
Jury, and Complainant / Plaintiff requests these wrongdoings be publicly
investigated by U.S. law enforcement agencies to include FBI, Homeland
Security Agency, and BATF; and, said Crime reports be provided to these
agencies and to the various U.S. Grand Juries and courts having jurisdiction
of the Crimes reported by Plaintiff Kenneth MacKenzie of the Kristian
Menchaca Family and, within this Court's Jurisdiction.
. 92. The Kristian Menchaca Family petitions this Court issue a Protective
Order to include the protection of the U.S. Victim/Witness program to
Protect the Family of Kristian Menchaca .
Complainant's signature : S/ Kenneth MacKenzie,
Printed name : Kenneth MacKenzie;
title : Pro Se, Properia Persona, Complainant /
Plaintiff member of Kristian Menchaca Family
of U.S. Court Case H-08-60 , Houston, TX;
H. Phone: 713-225-0123 ; Cell : 281 684 6028 ;
eMail:. . . .
Sworn to before me and signed in my presence.
Date:
Judge's signature
City and state:
. . . . .
APPENDIX OF EXHIBITS:
EXHIBIT "A": U.S. District Court, War Crime Court Case H-08-60 (Houston)
filed in U.N. INTERNATIONAL CRIMINAL COURT, (ICC, Prosecutor, Case #
OTP-CR-100/08, PO Box 19519, 2500 CM, The Hague, The Netherlands, email
GENEVA CONVENTION 3 AND U.S. RICO ACT STATEMENTS describing DEFENDANT
MISCONDUCT and BASIS OF LIABILITY

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11:31 pm, Oct 15, 2009

WarDamnEagle

What a predictably weak partisan response. The only thing that attempts to stain Pat Tillman's memory are paranoid, narcissistic comments like yours who still think all this is about George Bush. That administration did a better job of discrediting itself over those eight years than any "liberal' attempts ever could. History has already bore that out.

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5:47 am, Oct 16, 2009

Madaboutbrad

I agree with you. Enough with the dirt slinging already. This young man gave the ultimate sacrifice, he laid down his life for another. NO circumstance involved can diminish the courage or the valor of this young man.

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9:48 am, Oct 16, 2009

slmpirate

johnwr3,

Cover up of a accident is one thing. Cover up of an intentional murder is another. You dont burn all the personal belongings of a soldier if this nothing more than random mistaken shooting. The Tillman family has been pushing for an investigation for four years. McCrystal knows damn well that Tillman was murdered..

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5:44 pm, Oct 16, 2009

Ricardo222

The article does not even imply that McChrystal (btw, please have the courtesy to spell it correctly) had anything whatsoever to do with the soldier's death. Your comment is based on the kind of gung-ho, my country, right or wrong, ignorance that helped get us into this fraudulent war.

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9:36 am, Oct 29, 2009

wcasey

IF MCCRYSTAL DID COVER IT UP. WHO DID HE HURT? I'M SURE TILLMAN'S MOM FELT BETTER THINKING HE WAS A HERO. I'M SURE THE GUY WHO SHOT HIM FEELS BAD.
BUT NOW KRAKAUER HAS COME TO THE FORE AND SAVED US. I'M SURE TILLMAN'S MOM FEELS LIKE CRAP. THE GUY WHO SHOT HIM FEELS WORSE AND MCCRYSTAL HAS SOMETHING ELSE (THAT WAS INTENDED AS A KINDNESS AND HURT NOBODY) TO DISTRACT HIM AS HE ENDEAVORS TO SAVE US IN AFGHANISTAN.
AFTER ALL THIS KRAKAUR IS A MINDLESS MORON AND NEEDS ATTENTION (TRUE OR NOT) MAYBE HE SHOULD GO TO AFGANASTAN
AND SEE HOW MCCRYSTAL IS DOING. MAYBE EVEN PICK UP A GUN AND FIGHT A LITTLE. (Jon Krakaur is perhaps our most gifted living author)
AS HOCKEY DOG SAYS,
HE COULD GIVE US A REAL STORY. NO POMPOUS WUSS'S ARE ALWAYS CHICKENS NOT MEN
CASEY PURVIS

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12:55 pm, Oct 15, 2009

JustinTimberwolf

Boy, your comment gives me a queasy feeling. "I'm sure Tillman's mom felt better thinking he was a hero"? If you knew anything about this story, you'd know that you couldn't possibly be farther off-base. Tillman was a true American hero, one who valued the truth above all else.

Despite giving up millions and millions of dollars to fight with the Rangers, he was deeply against the War in Iraq, which he considered fraudulent, as did his mother. That he was being used as a propaganda tool to continue this war is sickening to the conscience.

Tillman certainly would have thought this was an important story, and by suggesting that it's trivial you do a disservice to this great hero.

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4:34 pm, Oct 15, 2009

This user is no longer registered.

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6:57 pm, Oct 15, 2009

GM2009

Are you angry or is your caps lock stuck?

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10:35 am, Oct 16, 2009

candyman101

Tillman was killed in Afghanistan, what does this have to do with Iraq?

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12:54 pm, Oct 16, 2009

JNash8132

From everything I have read over the past several years about CPL Pat Tillman (The 1st being the Sports Illustrated Article while i was on my 2006-2007 deployment in Iraq, before then i didnt know who he was due to my severe distaste for TV) he would strongly object to ANY coverup, but to say he would want the people he Loved to believe he died under false heroic circumstances, is a complete asshole statement that proves some people really shouldnt be allowed to speak.... or reproduce and raise offspring.

CPL Tillman became a true hero the instant he signed his name on the line. Anyone who has the balls to sign the DD 4/1 (US Military Enlistment contract) is someone who wrote a blank check made payable to The USA for an amount "up to and including my life"

Speaking from personal experience of being the person that gets *That* knock on the door every military member's family fears, you want to know the truth, the entire truth, and every detail concerning your loved ones death, no matter how painful it is to hear.

When my fiance was killed during our deployment, I was in responsible for disconnecting all outgoing communication lines, such as internet and the phone centers, this process is known as a "Commo Blackout" so when the battle captain sent someone to notify me, they had been instructed, only if I asked what had happened, to tell me"i dont know really, it might have been a suicide i was just told to come get you" because the proper people were not available to let me know. (the chaplain (military priest) was at one of our out posts to see the soldiers out there for their religious needs) I personally knew the Battle Capt who gave the order for the other soldier (who was and still is one of my friends) to lie to me, and I still respect them for it, because even though I needed to know the truth, MY mission still needed to be carried out, Do you think I could have focused enough to do what was necessary for the "Com Blackout" if they told me then and there that my fiance, whom I had not seen for around 8 weeks due to being on a different FOB, had just been killed by and IED 3 months before we were scheduled to go home, and 4 months before we were planning on getting married?

Um... that would be a "Not a snowballs chance in hell"

McChrystal didn't lie to ensure the mission was complete, he didn't lie because the proper person to inform the family wasn't immediately available, he lied (probably to expedite his promotion that conveniently happened within the 2 weeks following Tillman's death as military promotion's at that level go through congress and the current Commander In Chief) because he didn't want the American public to know that the "Superman" who walked away from the $3.6 mil contract (I personally would cut off my own foot with a rusty steak knife for that much money) to join one of the lowest paid jobs in the US was killed due to a Snafu.

By the way, E-4 SPC/CPL doesn't make much more than $3600 a month, maybe $6000 a month if he was married, based in HI and collecting combat pay, COLA and BAS and BAH (cost of living allowance, basic allowance for sustenance, and basic allowance for housing all which very depending on where your duty station is)

McChrystal and probably the Bush administration didnt want the public to know that the Super Elite badasses of our military who are supposed to be the best in the world, accidentally killed not only someone on their side, but someone from the SAME MISSION DISPATCH due to a mixup?

My theory?
The 2 vehicles, would have been in radio contact with each other the ENTIRE time as far as their whereabouts, and especially if they got Contact from an enemy force. Standard Operating Procedure for most units who recieve incoming fire is to Lay down suppresive fire and while The vehicle Radio Operator SIMULTANIOUSLY details everything from the 6 or 8 digit grid coordinates for their location (accurate respectively up to i think 1000 and 100ft) to what type of weapons they think are being used as well as the direction it is coming from their location. That alone should have made someone realize what was going on and that they were shooting at their own team.

The radio report should also have been transcribed by someone waiting back on the FOB, so that the Command could be notified.

At the moment anyone in a command position who was first notified that CPL Tillman had been killed by fratricide, their first thoughts were probably something like "Oh shit, our own troops accidentally killed the NFL star who is high profile to the entire upper echelon of the command and the media.....this is bad...." knowing that this was going to bring attention and heat down from the top like an avalanche (the term "shit rolls downhill" the phrase soldiers use more often) and the Public would (and still does) want a complete investigation done on the incident and want someone to be held criminally responsible. If it had happened here, in the states, during a "training excercise" the surviving soldiers could have been charged with manslaughter at the least. (if CPL Tillman's CO happens to read this, i mean no disrespect, I realize you were grieving over the loss of your soldier as well, but you cant deny you weren't worried about the Brass over you otherwise why were his personal effects supposedly destroyed?)

I am all about wanting the incident report that the person on the FOB on radio watch should have been writing down as it was happening, or at least interviewing him, and the survivors finding out what they remember happening that night. If there is no one who was in contact with that mission, but not part of it in any other way, why were there at least 2 of our vehicles full of soldiers in hostile territory with no way of calling for reinforcements or medical evacuations ?

This was a DELIBERATE attempt to try to save someone's ass from the fire by McChrystal (whom i assume was *HEAVILY* influenced by a Public Relations rep for the Bush administration) to cause a rise in the Public's attitude about the war, help get its mind off of the Abu Gharib stuff, to help change it from "Why are we still there letting our soldiers die and wasting money anyway?" to "Now we have to get the bastards who killed our hero" Which could not possibly have been even close to what CPL Tillman would have wanted to be used for, In fact I am pretty sure the last thing he wanted was to appear as the Army "Poster Boy" like he supported everything that was going on, and encourage Americans to support it as well. He was very verbal about his opinion on the events in the Middle East, and his disapproval of the war, but he still heard the call of duty, which is unique to all service members, and he answered it. I wonder if part of the reason he joined, when he was so against the war, was maybe to find out what was really going on either just so he knew for himself, or to use his high profile status to let the American people know what was *really* going on. If that is even remotely true, then the rumors about him being murdered might be as well, i wouldn't put it past Bush to have authorized it.

I don't think Obama made a good decision for this, I have a lot of friends, battle buddies, and people I consider family over there right now, I don't want someone who has already broken not only his oath of enlistment, but the Soldiers Creed and the 7 Army Values as well, to be in charge of anything that might tempt him to repeat his past actions. Their families don't deserve need any reason to believe they might be getting lied to when they are worried about the way their loved one will be coming home.

He broke faith with everything the military stands for when he didn't inform the family in a timely manner the true version of events surrounding this horrible tragedy.

McChrystal, CPL Tillman's Unit members, and anyone else who knew the truth but lied anyway can't even say "But I was ordered to lie and cover everything up" because even though Article 90-92 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to disobey an order from a superior commissioned officer, Non commissioned Officer or a Warrant officer during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death. Military personnel have an obligation to disobey Unlawful orders, including orders by the PRESIDENT that could be considered Illegal, Immoral, or Unethical. The moral and legal obligation is to the ****U.S. Constitution**** and ***not*** to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.

Not being forthcoming with the truth and the fact that an Unlawful Order was given to LIE about the situation in the first place is unlawful in itself, and it is almost like you spit on his grave every time it was repeated by somone who KNEW for a fact that it wasn't true.


The Officer's Oath, Upon Commission is "I do solemnly swear that I will support and DEFEND the Constitution of the United States against ALL enemies, foreign and DOMESTIC; that I will bear true faith and allegiance to the same; that I take this obligation freely, WITHOUT ANY mental reservation or PURPOSE OF EVASION; and that I will well and faithfully discharge the duties of the office on which I am about to enter.

When I enlisted it was because I wanted to have a reason to be Proud of myself for. I wanted to be able to tell my kids that my life had real meaning because I served my country and defended it. Alongside me were some of the bravest men and women I know, who gave up everything in their lives to stand up for America when she needed us, and indeed some who gave their lives in the line of duty, because they all felt that it was the right thing to do, even the ones who didn't agree with the war.

I respect and honor CPL Tillman as a hero, his family deserves the answers they want and need, as well as everyone else who soldier didn't come home from their deployment. I also send my sympathies and respect to anyone in a military family, waiting for news on the homefront can almost be just as stressful as rolling out on a mission sometimes.

I applaud Jon Krakaur for letting the public know the facts he based his opinions on, when it otherwise would be covered up.


Wow this is the longest rant i have ever done in my life, all because someone told the truth, and stupid people said something disrespectful about a Fallen Comrade.

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11:58 am, Jan 24, 2010

KemCho

Another hatchet job by Rahm & David from WH

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1:21 pm, Oct 15, 2009

jburrey2

The Senate approved General Mcchrystal's nomination (heavily democratic) why is Krakuuer trying to dispute the Senate's review and the Armed Forces Committiee as well as Obama's choice of Mcchrystal to lead the US and NATO command in Afghanistan?....maybe they should review Krakuuer and his political writing and claims, which I'm sure are waving in the wind, speculative ideas of the anti-war group trying to drum up support for their cause....yes I'm a registered democrat who reads and thinks for myself.

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3:17 pm, Oct 15, 2009

aerowalker

What I think is more intersesting than the whole coverup is why this story is relevent today. Didn't this chosen General of the libs just give an interview scrutinizing the Obamessiah and his lack of expedience in Afganistan? More the reason for this article to be written now...

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4:06 pm, Oct 15, 2009

chrsnorbt

I am sorry but it cracks me up when people think that being dishonest and corrupt is the right thing to do when it comes to being an American in the military or an American politician. Barrack kept this meathead on because he knew he would get a ton of flack from republicans over this and he needs their votes right now to get things done. So he let this little drama unfold on its own.

I my personal opinion if you have anyone right now involved in the military as a high up like a general or whatever or any other branch that was close to the ten or so crackheads that represented the Bush administration you have yourselves some very corrupt people in charge of things and those people need to go away. Now, it might take baby steps to do so, but in the long run, they need to go away.

I would not for a moment think that some of those people over in foreign countries like Afghanistan, bombing civilians left and right are indeed mercs from say Black Water or the dubiously named "Xe" dressed up as terrorists. Creating the enemies themselves just so they can stay over there and make the big bucks from the American government.

Now I understand when you say something like that, immediately people think you're a nutcase. But, look at what McChrystal has done. Torture and a cover up of a death of a soldier. Which to me, there should be no such thing as friendly fire, in the military. There is nothing friendly about murder. It should be involuntary manslaughter and they should be thrown in prison for it. I personally think murder and treason are not beyond anyone affiliated with the Bushes.

I mean the Bush Administration's main goal was to steal as much money from America as possible. And at my last count they got about 3.5 trillion from us. 2.5 trillion that came up missing from the Pentagon as reported by Rumsfeld a day before 911, TARP and god knows how much they stole from Fort Knox.

They were thieves, so how do we fix this problem? Well its real simple, QUIT VOTING FREAKING REPUBLICAN!!!!! The Right is way more corrupt than the Left!

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7:52 pm, Oct 15, 2009

Bill45

Yeah, like "if you like your present insurance you can keep it" is the gold standard for truth telling.

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9:48 am, Oct 17, 2009

xlntcat

Not fully thinking through a statement is hardly deliberately misleading, particularly when you clarify your meaning. It is unlikely that if you get insurance through your employer that your premium will not greatly increase or the your benefits will not be cut regardless of healthcare reform unless they abolish the anti=trust agreement and regulate insurance companies like utilities.

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3:41 pm, Oct 17, 2009

This user is no longer registered.

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2:04 am, Oct 15, 2009

WestVillager

Oh, no you diin't!

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9:36 am, Oct 15, 2009

BMJ1984

I wonder if you would be interested in McChrystal's credibility if he wasn't being used as a right wing weapon in the media.

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2:45 am, Oct 15, 2009

nortonclybourn

That ship sailed long ago.

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9:51 pm, Oct 17, 2009

neverlate

I guess this begins the smear campaign

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5:32 am, Oct 15, 2009

whipmawhopma

The timing is interesting. At least some of this was known before. Of course, the book came out recently. I still remember the interview the author did on NPR. The book is on my 'perhaps' list.

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8:01 am, Oct 15, 2009

DennyCrane

'Fratricide" means brother killing brother. The Americans have debased it to mean "friendly fire death". Does sound more politically correct, I suppose.

The US Army has always covered up friendly fire deaths. One main reason is that for the bereaved back home, killed in the line of duty is not as hard to take as killed by your own side.

It happens. The US Army just seems to find it difficult to learn from past cover ups. That is understandable.
(I am a Brit living in Sydney, Oz.)

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6:22 am, Oct 15, 2009

whipmawhopma

DennyCrane - It does happen. But the uproar, such as it is, was or is about the political use of Tillman's death by an unpopular administration.

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8:04 am, Oct 15, 2009

This user is no longer registered.

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1:24 pm, Oct 15, 2009

elmerBjohnson

It could also be that he was murdered! If you read all about Tillman, you will find that he was very disillusioned by what was going on there. He had a diary about that fact, and after his death it was confiscated by the military, and never returned to his family. He was scheduled to do an interview with a writer about his problems concerning what was going on there,

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5:38 pm, Oct 15, 2009

mrfett

the guys who have seen his body (pathologists) think it was murder. i'm just a guy on the internet and i can't say how i know, but i do. he was shot right in the eye by a sniper apparently. no way the shooter didn't know who he was. hate to sound like a conspiracy nut on here but i'm just sharing what i know from a well-placed source.

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2:54 am, Oct 16, 2009

This user is no longer registered.

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3:34 pm, Oct 17, 2009

JNash8132

It is thought that People who know someone in the military who was KIA due to friendly fire might have an increased chance of being coerced into giving up information about our defense or doing something harmful to anyone they want to put the blame on like an assasination attempt on the president, or something

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12:40 pm, Jan 24, 2010

mdargo

Thank you, Jon Krakauer. I've been hoping you would write an article for this site about McChrystal.

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7:07 am, Oct 15, 2009

GPatton

John Krakaur; Please stick to writing for Field and Stream, and leave military matters to the pros. George Patton

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8:49 am, Oct 15, 2009

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9:23 am, Oct 15, 2009

donquijoterocket

Yeah old somebody else's blood and guts was a good one for leading from far from the front, abusing the enlisted soldiers who'd been in it much longer and much more up close and personal than George ever was or was ever going to be.Kind of the ETOs version of dugout Doug.
McChrystal's involvement in the Tillman coverup calls his judgment into question

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1:35 pm, Oct 15, 2009

Turpidude

Some issues you bet your career on. The Tillman affair didn't come close to the cut.

Impeaching McChrystal for a minor (albeit now-provocative) 2004 lapse would be like impeaching Jon Krakauer because he thinks the 1997 Rose Bowl game was played in Anaheim. (page 69)

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9:08 am, Oct 15, 2009

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9:27 am, Oct 15, 2009

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9:30 am, Oct 15, 2009

cardink

Who among us is perfect? The main thing is this man is a great leader and "gets it" No doubt at the end of the day POTUS will follow most of his recommendation. My thought is to give this gifted general all thye support we can what good does it do to trash him. Wew have a serious problem and need inovative leaders.

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9:08 am, Oct 15, 2009

WestVillager

None among us is perfect. But that shouldn't excuse accountability.

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9:39 am, Oct 15, 2009

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6:59 pm, Oct 15, 2009

WestVillager

lol, well, there is that.

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8:42 pm, Oct 15, 2009

debbieqd

cardink, you couldn't possibly have lived through Vietnam. You can't possibly know how we were lied to by General Westmoreland day in and day out. Those of us who did, learned a "life lesson." We don't just trust our generals. We know better.

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11:02 am, Oct 15, 2009

xlntcat

There is evidence that McChrystal is a vicious, ruthless fighter and a reckless, dishonorable leader of men. There is no evidence to lead to a conclusion that the self-serving, self-seeking McChrstal can be trusted with the welfare of troops or to act in the best interest of the nation. What we do know is that he will go to great lengths to cover his own butt.

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3:46 pm, Oct 17, 2009

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9:08 am, Oct 15, 2009

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9:29 am, Oct 15, 2009

DennyCrane

whipmawhopma,

Fair enough.

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9:22 am, Oct 15, 2009

DevilsLawyer

Look, good story, but the ad is an eyesore. Separate it from the text for the love of God, for instance so that the text is above and below it rather than flowing around it. I don't need to have Holy Health! intruding into the tragic story of how Tillman's death and how it was covered up, as though the ad were a picture illustrating the article. Even for pictures that were directly relevant to the article, it's just weird to have the picture have a curved rather than straight outline. It's not just distracting, it feels plain disrespectful considering the subject of the story.

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10:35 am, Oct 15, 2009

mdargo

Use "print view" to read stories; then, you avoid all of the annoying stuff.

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11:10 am, Oct 15, 2009

cardink

I very much lived through Vietnam, and while I did not have to go I served in the Marine Corps reserve.
My point is we cannot leave Afganistan and at some point will have to relie on the generals to get us out. They have a plan and I am sure before more troops are deployed hearing will be held on the hill, so hold your gun powder. We may work all this out.But some kind of goverment is necessary or it will be a useless effort,

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12:03 pm, Oct 15, 2009

nortonclybourn

"We cannot leave Afghanistan" Is the same logic that kept us in Viet Nam. We've got the cities, we're never going to get every village. Declare victory and get the Hell out.

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9:55 pm, Oct 17, 2009

babymonster

How can we trust that it was an accident? They lied before and have not given us a plausible story as to how it happened. How was he approved unanimously? Two bullets to the forehead at close range? That seems like a message to anybody who has too much knowledge. Where is his diary? Tillman was outraged by the sham wars and was going to eventually express it publicly. Tillman was friends with another anti-war activist Noam Chomsky. All evidence points to the fact that Tillman was murdered.

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12:14 pm, Oct 15, 2009

Frenchmanaz

Friendly fire is a horrible fact of war, but one that cannot be avoided. The day the line crossed on the Tillman story was when this young strapping lads very sad demise was used as propaganda to rile up the nation in favor of troop increases etc.

McChrystals involvement in the latter action was likely non existent, therefore despite my disdain for war and my refusal to accept McC's insistence on troop increases, I am willing to give him the benefit of the doubt that his own motives for trying to cover the " friendly fire " reality, in order to save the family some pain.

No matter how war hungry our Generals might be, I have reviewed, in detail enough history to know that most civilized military leaders respect their soldiers and morn each loss, no matter the circumstance.

On the issue of Afghanistan or any other war, I have said this before, these men are conditioned to win, failure is seen as an embarassment of the highest order. As military men they're is a huge part of their psyche that is focused on their legacy. Pulling out, no matter what the circumstance is not viewed as good, in the same way I view it.

It is for this reason that they do not make policy decisions. They cannot be trusted with policy decisions, to think in the overall best interest of the nation rather than what they feel is the only way to win. War has changed fellas, at least in this war on terror. These are no longer wars where you send in the troops to take the hill. This is a war of intelligence, rapid deployed specialized forces who can act on a moments notice worldwide.

For as much as I abhore even this kind of war, it is far time we pull our young kids out of these sand dunes so that they can be home with their families and take a well earned rest. Once rested they should be deployed within the country to defend borders etc.

In the meantime, our military should train more and more special forces.

The problem is that leaders like McChrystal don't know this kind of war. They were trained on the tactics of WWI & II, even Vietnam, which was merely a lesson in what not to do. At this level you can't expect to be able to teach an old dog new tricks.

Time for some new leadership in the war on terror, but we shouldn't burn McChrystal for the Tillman fiasco. This is an issue that should be squarely placed at the feet of the previous administration.

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12:28 pm, Oct 15, 2009

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4:35 pm, Oct 15, 2009

UNITEDCREATIONS

"The problem is that leaders like McChrystal don't know this kind of war."

Buddy you throw a rucksack on McChrystal,.. say 65lbs or so.. do same for a whole damned Ranger Battalion.. let'em all go as far as they can.. and see where they stop. You can be 100% sure .. "frenchmanaz".. that McChrystal will be one of the very last men to stop walking.

I've served with him.. I know :) He's a full on Special Operations Stud Muffin.. no doubt about.

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1:58 pm, Nov 7, 2009
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Gen. McChrystal's Credibility Problem

by Jon Krakauer

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