According to an NBC News article published today, Marine Corps Master Sgt. Ronald E. Bohlayer has been charged with raping a woman after an incident an incident that took place at the Marine Barracks on Capitol Hill in July 2012.

The article goes on to highlight details of the sexual assault witch hunt going on inside the Department of Defense with the help of members of Congress, the vast majority of whom have never served in the military.

Then, the article includes a paragraph that should capture everyone’s attention:

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

Did you get that?  The investigating officer recommended against prosecution, but the witch hunt mentality prevailed!

This case joins a laundry list of cases about which I’ve been apprised since October 2011 when my first nonfiction book, Three Days In August, was published, chronicling the life story and wrongful conviction of Army Special Forces Sgt. 1st Class Kelly A. Stewart, highly-decorated combat veteran who fell victim to this perverse new brand of military justice and saw his distinguished career as a member of the elite Green Beret fraternity shattered.

Moreover, it comes ten months after publication of a Military.com article in which one civilian defense lawyer estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence.

Before long, I suspect people like Senator McCaskill will demand cases of sexual assault against women in the military be handed over to the National Organization for Women.

To learn more about this flagrant movement to dismantle the military under the auspices of stopping sexual assaults, read the entries in my series, DoD’s War on Men.

To learn more about Stewart’s case, order a copy of Three Days In August.  It’s available in available in ebook and paperback versions at Amazon.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Though I’ve written more than 60 articles about the lieutenant’s case since June 4, 2009, I share links to a handful of the most important ones below:

• Army 15-6 Investigation Report Proves Elusive (Jan. 15, 2013);

• Is Army Protecting Someone in Officer’s Chain of Command? (Aug. 20, 2012);

• American Warfighters Deserve Same Consideration as Taliban (July 17, 2012); and

• Photos Show Scene Where Trail of Injustice Began (Feb. 10, 2010).

With almost 11 years remaining on his sentence, it remains unclear as to how many of those years he must serve before being given the opportunity for parole. Until then, I hope you will write to him at the address below to show your support:

Michael Behenna #87503
1300 N. Warehouse Road
Fort Leavenworth, KS 66027-2304

FYI:  Behenna and Kelly Stewart, the Green Beret combat veteran whose life and wrongful conviction are chronicled in my book, Three Days In August, were good friends while both were behind bars at Fort Leavenworth.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Sen. Claire McCaskill (D-Mo.)

During the past four months, I’ve used no fewer than eight articles in my series, DoD’s War on Men, to highlight the misguided efforts of the Show-Me State’s senior senator to institute sweeping reforms of the military justice system.  At the same time, I’ve kept my eye out for other liberals joining her in the fight.

Reading the first sentence of an Editorial Board opinion piece published Sunday in Times, I found a link to Secretary of Defense Chuck Hagel‘s recent commencement address to graduates of the United States Military Academy and knew immediately the direction in which their “ink gun” was aimed:  Hagel had told West Pointers it was time to stamp out the “scourge” of sexual assaults in the military.

Since my first nonfiction book, Three Days In August, was published in October 2011, I’ve been contacted by dozens of individuals, most of whom are family members of military men who’ve been accused, tried and convicted on a variety of sexual assault-related charges.  In most cases, little or no evidence was presented by prosecutors during their courts-martial (a.k.a., “trials”) and, in many, prosecutors offered other military members immunity or leniency in exchange for their testimony.

In fact, according to a Military.com article published Aug. 13, one defense lawyer estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence.  Still, military prosecutors, backed by people like Senator McCaskill, continue to paint innocent military men as out-of-control animals who deserve to be locked up and branded “sex offenders” for the rest of their lives.

While some changes might need to be made in the military justice system, nothing good will result from taking control from the commanders in charge and letting politicians and others waging DoD’s War on Men get involved in the decision-making process.  Lives of innocent men are being ruined with each second that passes without real military justice.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Click on image above to watch video in new window.

Despite being cleared by the civilian court, this Special Forces Soldier and combat veteran could still faces a military court-martial.  Why?  Because DoD’s War on Men (a.k.a., “sexual assault witch hunt”) is still being fought with people like U.S. Sen. Claire McCaskill (D-Mo.) beating the war drums.  See this piece for the latest details.

During the 20 months that have passed since the release of Three Days In August, my first nonfiction book in which I chronicle the life story and wrongful conviction of Army Special Forces Sgt. 1st Class Kelly A. Stewart, I’ve been contacted by dozens of people who’ve either found themselves in the crosshairs of military prosecutors or have seen a loved one face this perverse new brand of military justice.

Through a relative, one of them — now service time in a military lockup — wrote to me recently.  As has been the case so often with people who contact me, he asked for anonymity until such time as he is released from prison; therefore, I make no mentions of his name, rank or branch of service in the space below.  Why?  Because I’ve learned from people who know that repercussions behind bars can be hellish.

In his letter, this service member told me that, after being exonerated of sexual assault charges in a civilian court in the state where he was living, he found himself facing charges in a military court.  Apparently, there is no protection against double jeopardy (i.e., being tried twice on the same charges) for members of the military.

In much the same manner as Sergeant Stewart, this combat veteran now behind bars wrote that he still stands by the values for which he proudly went to war for his country; however, he notes those values seem to have disappeared among those inside the military justice system.

“Where is the honor in trying a service member after he has already been tried in the jurisdiction of the alleged offense?” he wrote.  “Where is the courage for the chain of command, judge, and appellate court to say, even though this is a sexual assault case which has become a sensitive issue, this is not right?”

“I was willing and ready to lose my life for this country,” he concluded, “but not this way.”

Word of warning to Sergeant Starek:  “Don’t breathe easy just yet.  The military justice system might not be finished with you yet.”

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

The Show-Me State’s senior U.S. senator sent out a news release via email today, pointing recipients to the taxpayer-funded website where she highlights efforts that will purportedly “reform” the military justice system.  In reality, the measures she highlights on the page will, if enacted, only serve to make a seriously-flawed system worse.

Senator McCaskill would know this if she had read the piece I published yesterday, Military Sex Scandals: Lies, Misinformation and Injustice.  It was written by the father of a wrongfully-convicted military officer who used a recently-published government document to help make several key points:

Several weeks ago, in May of 2013, the Department of Defense made public its Fiscal Year 2012 Annual Report on Sexual Assault in the Military. While the media, the Pentagon, and numerous members of Congress focused their attention solely on the number of sexual assault cases reported, one stunning figure remained noticeably absent from the conversation. The number of false sexual assault reports is growing at a rate nearly nine times faster than the rate of total reports. The Pentagon refers to these false reports as “unfounded allegations” based on completed investigations of reported sexual abuse.

Likewise, Senator McCaskill would benefit from reading another well-written piece, Fostering Constructive Dialogue on Military Sexual Assault.  Written by Lindsay L. Rodman, it was published in Joint Force Quarterly 69 by National Defense University Press.  By simply reading the abstract of the piece (below), “Claire Bear” could learn the truth about this topic:

Unrealistically high estimates by DOD officials of sexual assaults in the military, along with hazy definitions and methodologies, have fueled the public discourse on this emotional issue, making it unnecessarily hysterical and obscuring the military’s search for solutions. While the military is expected to maintain a higher standard than society at large, the experience of colleges and universities, whose demographic is roughly the same age as the military’s, should be drawn on. Moreover, an understanding of the strengths and weaknesses of criminal law will help draw the debate about the military sexual assault problem away from blaming commanders because they are not always obtaining convictions. The educational and military communities should combine their efforts to find a more holistic solution.

Finally, Senator McCaskill should listen to a fellow attorney’s take on this matter.  In a Military.com article published Aug. 13, military defense lawyer Michael Waddington estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence.  Does that sound like “military justice” to you?

I’ve said it before, and I’ll say it again: “Senator McCaskill, it’s time for you to stop fighting DoD’s War on Men!  Instead, you should read this and then step down from your agenda-fueled soapbox.”

For more articles on this subject, click here.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

An interesting, yet dangerous phenomenon is growing like a cancer within the ranks of the United States Military. It seems to have many in the media, as well as many in the public and political arenas, stumbling all over themselves to fuel the fire. It could be likened to a snowball rolling downhill as it gathers both speed and size, taking out everything and everyone in it’s ever widening path. It is commonly referred to as the “Military Sex Scandals.”

Exhibit 1 in DoD’s Fiscal Year 2012 Annual Report on Sexual Assault in the Military makes no mention of the false reports which increased by a staggering 35 percent in just four years.

Of course, the sad fact is that a real problem does exist with rape, sexual abuse, and sexual harassment in the armed forces, just as does in American society at large. Those actually guilty of these crimes should, and must, be punished. Therein lies the problem. It is not only the guilty who are being swept up into this ravenous dragnet, but anyone whose name is even mentioned in the same breath as such a crime, whether or not there exists a shred of evidence, is caught in it’s snare.

One might ask, why would any woman accuse an innocent man of such a heinous act? A very valid question with no simple answer. There are numerous possible reasons. Some women might simply be attempting to protect their reputation, a marriage, or another relationship. Others are clearly devious and deceitful, looking for their 15 minutes of infamy, however they might be able to achieve it. Still other accusations can be tied to the misinformation being spoon fed to every person wearing a uniform in the United States Armed Forces.

Erroneous statements, such as claiming a servicewoman is legally incapable of consent after consuming just one alcoholic beverage, has been known to be voiced by those conducting the frequent mandatory briefings. This totally-incorrect and ludicrous statement is all too often taken as fact by those attending these sessions. Just this one statement, which is one of the most common falsehoods being spread through the ranks, could, and does, have serious implications when an “accuser” first approaches her commander to report what she believes is an “assault.” By then, it is too late to recant and walk away.

Once a sexual assault case is opened in today’s military, it becomes extraordinarily difficult to close. Very few commanders are willing to risk their careers by dismissing any even remotely possible case of sexual assault. Cases are passed up the chain until they reach the rubber stamp of the Article 32 and on to a Courts-Martial.

“Let the members of the jury decide” becomes the rally call. Meanwhile, the pressure to convict remains and continues to rear it’s ugly and threatening head. Members of the jury also have careers.

Several weeks ago, in May of 2013, the Department of Defense made public its Fiscal Year 2012 Annual Report on Sexual Assault in the Military. While the media, the Pentagon, and numerous members of Congress focused their attention solely on the number of sexual assault cases reported, one stunning figure remained noticeably absent from the conversation. The number of false sexual assault reports is growing at a rate nearly nine times faster than the rate of total reports. The Pentagon refers to these false reports as “unfounded allegations” based on completed investigations of reported sexual abuse.

From 2009 to 2012, the number of sexual abuse reports rose from 3,244 to 3,374, a four percent increase. In 2009, “unfounded allegations” numbered 331. In the year 2012, the number rose dramatically to 444, a staggering 35 percent increase in just four years. The Pentagon’s report noted the numbers of false accusations, but stopped short of offering any analysis of the dramatic increase.

Buried deep inside the DoD Fiscal Year 2012 Report on Sexual Assault in the Military are details of the unfounded cases (a.k.a., “false reports”) that increased by a staggering 35 percent in four year.

Understandably, there are those who do not, or will not, consider the numbers contained in the Pentagon’s report to have merit. Likewise, they will not even consider any suggestion that untruthfulness is common in every corner of our society, including the military. But one need not look too far to see how dishonesty has benefited so many in every walk of life; from athletes, to entertainers, to politicians, to everyday people who are looking to litigate any situation which might pad their wallets. It is an unfortunate truth, but people lie.

The military justice system has now found itself in a position of bending over backward for any woman claiming to be a victim of a sex crime. Due process, presumption of innocence, and justice based on evidence has gone by the wayside in an over zealousness for convictions, and not necessarily the truth. To those tasked with “fixing” this problem, anything short of a conviction and a denied clemency is a failure.

Many innocent men, good men, men with wives and children, with mothers and fathers, and with dreams of a normal, fulfilling life, are now incarcerated and will live with the label of “sex offender” for the remainder of their lives. They were willing to give their lives for their country, and ultimately, through a warped and unjust system, they did. They will find it difficult to find sustainable employment or a place to live without neighbors peeking at them from behind their curtains. Some will turn to crime as a last resort when no landlord will rent them an apartment. Others will find themselves among the growing homeless population. Others still will take their own lives out of sheer hopelessness.

This is the truth of the military sex scandals. It’s a sad truth that’s difficult to swallow. It’s a truth few are willing to champion. It’s political suicide for anyone in power to speak about it. But it is still the truth.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

To the thousands of Michael supporters,

My name is David Wahl. I am the father of Michael Behenna’s girlfriend Shannon Wahl and run the DefendMichael.com website. I have known Michael for several years going back to when Michael and Shannon first started dating. I attended Michael’s officer school graduation at Fort Benning, his Ranger school graduation, and his deployment to Iraq from Fort Campbell. I was in the courtroom for Michael’s trial for premeditated murder at Fort Campbell, including the moment when a jury of seven non-combat officers convicted him of unpremeditated murder. I witnessed the stunned look of betrayal on Michael’s face. I was in that same courtroom again three weeks later when the trial judge denied a request for a mistrial on a Brady Law violation (the government had withheld evidence.) And I was in the small room at the back of that courtroom with Michael and his family for his last thirty minutes of freedom before he was taken away.

Clockwise from upper left: Michael’s family; Michael; Michael as a youngster; and Michael and his girlfriend, Shannon.

These past four years that Michael has sat in a small prison cell at Fort Leavenworth have been a tortuous journey for those closest to him – but as you can imagine, most of all for his parents Vicki and Scott. They have endured the emotional pain of seeing their son treated as a criminal at the hands of a broken and blind military justice system, of five hour drives to ‘celebrate’ birthdays and holidays in a noisy visitation center, of the heartbreak of one court ruling after another go against Michael, of bizarre prison rules that change from visit to visit and which make civilian prisons look like Club Med.

But beyond the emotional toll that the Behenna’s have carried is the financial burden of taking on the United States government that has unlimited resources at their disposal (our tax dollars hard at work.) Starting with the original trial to the Court of Appeals of the Armed Forces [sic] appeal which we lost by a narrow 3-2 vote the Behenna’s have spent well over $400,000 in their fight for their son’s freedom. I know that so many of you have already graciously stepped forward and lightened this financial burden, but unfortunately a significant shortfall remains. And if the Supreme Court decides to hear Michael’s case that shortfall will grow by at least another $100,000.

The Behenna’s are a proud family and asking for financial support is not something they are comfortable doing, especially given how many people are in need today, including so many fellow Oklahomans devastated by the recent tornadoes. So I humbly ask each of you who believe in Michael’s cause, to consider giving a few dollars to his legal fund, which can be found on his web site at DefendMichael.com. If each one of the thousands of supporters of Michael gave $20 then the Behenna’s would be able to cover most of the current deficit. Donations can be made through PayPal on Michael’s web site, or if you prefer you can mail a check directly to his Michael’s defense fund at:

Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099

Please know that your support for Michael, whether in the form of a donation, a card, or a letter, is appreciated more than words can say. For Michael and his parents this difficult journey has only been possible because of the outpouring of support from all of you. It has sustained them in their darkest hours, of which there have been many. Finally, please keep Michael in your thoughts and prayers as we await the ultimate decision by the highest court in the land on whether they will hear Michael’s case.

I remain, now and forever, a proud supporter of a young man who some day I hope will be my son-in-law.

Respectfully,

David Wahl
DefendMichael.com

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

U.S. Sen. Claire McCaskill (D-Mo.)

Today, U.S. Senators Claire McCaskill (D-Mo.) and Susan Collins (R-Maine.) and U.S. Representatives Mike Turner (R-Ohio) and Niki Tsongas (D-Mass.) introduced bipartisan, bicameral legislation to combat sexual assaults in the military by better holding perpetrators accountable and better protecting survivors. The updated version of the group’s legislation includes additional provisions to protect and enhance the rights of victims. The lawmakers are working to include the legislation in this year’s National Defense Authorization Act.

It comes as no shock that Senator McCaskill has joined forces with two RINO Republicans and one ultra-liberal Democrat in proposing legislation to modify the Uniform Code of Military Justice.  What’s shocking, however, is the content of what these senators have proposed in this effort to undermine military commanders’ authority as part of DoD’s War on Men.

The bill, according to the news release I received via email today, contains reforms to better address sexual assault prosecutions and aid survivors including provisions that:

• Remove the convening authority’s ability to change or dismiss an adjudged court-martial conviction for any charge or specification except for a charge or specification for a minor offense;

• Require a convening authority to provide written justification for any modifications made to a sentence, and require that they receive input from the victim;

• Require that a person found guilty of an offense of rape, sexual assault, forcible sodomy, or an attempt to commit any of those offenses receive a punishment that includes, at a minimum, a dismissal or dishonorable discharge; and

• Eliminate the five-year statute of limitations on Trial by Courts-Martial for sexual assault and sexual assault of a child.

To learn more about why these senators should keep their political noses out of this matter, read my earlier posts listed below:

• Is DoD Waging War on Men?;

• Senators Want Air Force General Fired for Doing Right Thing;

• DoD War on Men: Comparing Messages Sent by Accusers;

• Navy Sacrifices Officer to Appease Members of Congress;

• National Defense University Publishes Must-Read Article About Military Sexual Assault;

• Senator McCaskill Continues Reckless Effort to Undermine Military Justice System;

• Air Force General Puts Sexual Assault Case Documents Online;

• Senator Claire McCaskill Continues Assault on Military Justice System;

• Retired Air Force Nurse Applauds General Franklin, Expresses Disdain for Senator McCaskill; and

• “Innocent Until Proven Guilty” Foreign to Senator McCaskill.

The text of the legislation proposed by Senator McCaskill and her colleagues is available HERE, and a section-by-section breakdown of the bill is attached.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

To all the thousands of Michael supporters,

Michael’s case, including the Petition, the Government Response, and the Reply to the Government Response, is now complete and before the Supreme Court.  The Supremes have set Michael’s case to be initially discussed at their conference on May 30th which is ironically during the 50th Anniversary of Brady vs Maryland (the Supreme Court case demanding that prosecutors disclose all beneficial information to the criminally accused).  During the conference, four out of the nine Supreme Court Justices must vote to hear the case in order to grant certiorari.  If certiorari is granted in Michael’s case it would be the first time the Supremes would have granted a service member’s appeal from the Court of Appeals for the Armed Forces (CAAF).  Needless to say, anxiousness will abound for the next few weeks and prayers are certainly welcome.  We should have the Court’s decision sometime during the first week of June.  If the Court grants certiorari, Michael’s case would proceed through a briefing process, oral arguments, and a decision by the Supreme Court hopefully before the end of the year.

We can’t thank you enough for all the encouraging cards and letters that you sent to Michael for his birthday.  As Michael told us this past weekend it is these cards and letters that help him navigate the sometimes helpless and hopeless thoughts that have haunted him these past four years behind prison walls. He reads every card and letter sent to him, but given his prison schedule of work, exercise time, meals and early lights out he unfortunately does not have time to send out very many thank you notes.  For this he sends his apologies and hopes a day will come soon when he can thank all of you in person.

If you did not see the Mother’s Day tribute to Vicki last Sunday in the Oklahoman, hopefully the attached video and article will describe the huge appreciation we have for all your support and what your individual words of encouragement have meant to Michael and our whole family.

Vicki’s Mother’s Day Video

Vicki’s Mother’s Day Article

Bless you all for your support of our son,

Scott & Vicki Behenna
DefendMichael.com

I pray for this young man’s swift release.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty has connected the dots to a story that otherwise would not have seen the light of day. He has exposed the ongoing and unceasing activities of a small group of US government bureaucrats that should outrage the entire US population.

It is unconscionable that administration-after-administration has allowed this national disgrace to continue unabated for the past 50 years. The safety and security of our military members should trump the agenda of a handful of power hungry bureaucrats. The absolute faith by these bureaucrats in a scientifically flawed device – namely the polygraph – appears to have caused significant damage to the international reputation and security of the United States.

Further, the stamp of approval given to the polygraph by the US government appears to have also caused serious damage to other nations as well – Iraq, Afghanistan and Mexico to name a few. The true extent of the damage caused by polygraph will perhaps never be known, since the US government does not publicly admit to such gross maleficence and failures. However, the cases brought to light by Bob McCarty are a damning indictment against continued support of the polygraph by the US government.

It is amazing that otherwise world-class agencies such as the FBI, CIA, DOD, and DHS continue to rely on a 100 year old technology that is scientifically proven to be worthless for intelligence screening operations. This book should be required reading for all involved in the “War on Terror” both at home and abroad. Bob McCarty should be commended for exposing this pseudoscientific government-backed fraud.

You can order a copy of THE CLAPPER MEMO in paperback or ebook versions from Amazon.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.