DoD Offical Booted from Congressional Hearing About Rape in the Military

Aug. 1, 2008 – The Pentagon’s No. 2 personnel and readiness official was admonished and dismissed from a House subcommittee hearing on sexual assault in the military Thursday after admitting that he had directed a key subordinate not to appear.

“Mr. Dominguez, I notice that Dr. Kaye Whitley is not in her chair,” said Rep. John Tierney, D-Mass., and chairman of the Oversight and Government Reform Committee’s national security and foreign affairs panel. “Is it under your direction that she has not shown for testimony this morning?”

“Ah, yes sir,” replied Michael Dominguez, principal deputy under secretary of defense for personnel and readiness.

“Do you have an executive privilege to assert?” asked Tierney.

“Ah, no sir,” Dominguez replied.

“Mr. Dominguez, this is an oversight hearing,” Tierney said. “It’s an oversight hearing on sexual assault in the military. As such, we thought it was proper to hear from the director of the Defense Department’s Sexual Assault Prevention and Response Office. … Inexplicably, the Defense Department – and you, apparently – have resisted.”

Tierney said Whitley would be subpoenaed and that Dominguez’s decision showed disrespect to the two women who had testified moments earleir – one a rape victim, one a rape/murder victim’s mother – as well as other victims and the subcommittee itself.

When Rep. Henry Waxman, D-Calif., the full committee chairman, asked for an explanation, Dominguez said that the decision was made “in consultation with the department’s leadership” – the assistant secretary of defense for legislative affairs and the Defense Department general counsel.

Whitley “is available to the Congress … unfettered, unmuzzled by us,” and had previously appeared, Dominguez said.

But he added that “in this hearing format, we wanted to ensure and make the point” that he and his boss, Pentagon personnel chief David S.C. Chu, “are the senior policy officials, accountable to Secretary [Robert] Gates and to the Congress for the department’s sexual assault and prevention policies and programs.”

“That’s a ridiculous answer,” Waxman replied. “What is it you’re trying to hide? She’s the one in charge of dealing with this problem. We wanted to hear from her.”

Waxman said the Pentagon “has a history of trying to cover up sexual offense problems … I don’t know what you’re trying to cover up here, but we’re not going to allow it. I don’t know who you think elected you to defy the Congress of the United States. This is an unacceptable, absolutely unacceptable position for the department to take.”

“We decide who we want to have for witnesses at this hearing,” Tierney said. “So for now, Mr. Dominguez, you’re dismissed.”

Dominguez left the witness table for a seat in the audience; within a few minutes, he and his aides walked out of the hearing room.

Rep. Jane Harman, D-Calif., later said she would seek input from the defense secretary.

“My plan after this hearing is to call Bob Gates and see what light he can shed,” Harman said.

The squabble took up barely 10 minutes of a nearly three-hour hearing that featured testimony from the rape victim, a Red Cross worker who worked with the military, and the rape/murder victim’s mother over the mishandling of their cases; bipartisan expressions of concern over sexual assault in the military and ways to resolve it; and presentation of a Government Accountability Office report on the Defense Department and Coast Guard sexual-assault prevention and response programs.

The GAO found that occurrences of sexual assault may be exceeding the rates being reported. That, said GAO’s Brenda Farrell, suggests that the Pentagon and Coast Guard have only “limited visibility” over the incidence of such occurrences.

At the 14 installations GAO visited, investigators found 52 percent of service members who had been sexually assaulted over the preceding 12 months had not reported the assaults.

Had Dominguez offered his prepared testimony, he would have said that the Pentagon’s ability to deal with sexual assault has been “significantly upgraded” over the past three years. He also would have said that the department “strongly believes” that a “restricted reporting” policy instituted in 2005, which allows victims to confidentially disclose their assault without launching a criminal investigation, is responsible for the reports of 1,896 victims over the past three calendar years who otherwise might not have sought care.

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Judge Rules White House Aides Can be Subpoenaed

July 31, 2008, Washington, DC – A federal judge on Thursday rejected President Bush’s contention that senior White House advisers are immune from subpoenas, siding with Congress’ power to investigate the executive branch and handing a victory to Democrats probing the dismissal of nine federal prosecutors.

The unprecedented ruling undercut three presidential confidants who have defied congressional subpoenas for information that Bush says is protected by executive privilege. Democrats swiftly announced they would schedule hearings in September, at the height of election season.

House Speaker Nancy Pelosi said the House could soon vote on a contempt citation against one of the three officials, Karl Rove, formerly Bush’s top adviser.

“It certainly strengthens our hand,” she said of the ruling. “This decision should send a clear signal to the Bush administration that it must cooperate fully with Congress and that former administration officials Harriet Miers and Karl Rove must testify before Congress.”

That wasn’t clear at all to the White House or Rove’s attorney. Bush administration lawyers were reviewing the ruling and were widely expected to appeal. They also could seek a stay that would suspend any further congressional proceedings.

“We disagree with the district court’s decision,” White House spokeswoman Dana Perino said.

With only a few months left in Bush’s presidency, there appeared to be no sense of urgency to make the next move.

“I have not yet talked with anyone at the White House … and don’t expect that this matter will be finally resolved in the very near future,” Rove attorney Robert Luskin said in an e-mail.

The case marked the first time Congress ever has gone to court to demand the testimony of White House aides.

In his ruling, U.S. District Judge John Bates said there’s no legal basis for Bush’s argument that his former legal counsel, Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force White House chief of staff Joshua Bolten to release documents on any role the White House may have played in the prosecutor firings.

“Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote. He said that both Bolten and Miers must give Congress all nonprivileged documents related to the firings.

Bates, who was appointed to the bench by Bush, issued a 93-page opinion that strongly rejected the administration’s legal arguments. He said the executive branch could not point to a single case in which courts held that White House aides were immune from congressional subpoenas.

“That simple yet critical fact bears repeating: The asserted absolute immunity claim here is entirely unsupported by existing case law,” Bates wrote.

The ruling is a blow to the Bush administration’s efforts to bolster the power of the executive branch at the expense of the legislative branch. Disputes over congressional subpoenas are normally resolved through political compromise, not through the court system. Had Bush prevailed, it would have dramatically weakened congressional authority in oversight investigations.

That remains a risk, one Republican said.

“Unfortunately, today’s victory may be short-lived,” said Rep. Lamar Smith, the ranking Republican on the House Judiciary Committee. “If the administration appeals the ruling, our congressional prerogatives will once again be put at risk.”

Congressional Democrats called the ruling a ringing endorsement of the principle that nobody is above the law. Shortly after the ruling, the chairmen of the House and Senate Judiciary Committees quickly demanded that the White House officials subpoenaed appear before their panels.

Rep. John Conyers, D-Mich., chairman of the House panel, signaled that hearings would commence in September on the controversy that scandalized the Justice Department and led to the resignation of a longtime presidential confidant, Attorney General Alberto Gonzales.

“We look forward to the White House complying with this ruling and to scheduling future hearings with Ms. Miers and other witnesses who have relied on such claims,” Conyers said in a statement. “We hope that the defendants will accept this decision and expect that we will receive relevant documents and call Ms. Miers to testify in September.”

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said, “I look forward to working with the White House and the Justice Department to coordinate the long overdue appearances.”

Between now and September, Congress will recess for five weeks of summer vacation. Bates scheduled a conference between the litigants on Aug. 27 to take stock of whether negotiations had moved forward, as he urged in his ruling. Congress then returns to a brief, three-week session before scattering to the campaign trail. All 435 House seats and a third of the Senate are up for grabs, as well as the presidency.

Republicans said there was little reason to rush to an accommodation, noting that subpoenas will expire at the end of the 110th Congress in January.

“I’m sure it will be appealed and it will go on into next year, and it will become a moot issue,” said House GOP Leader John Boehner of Ohio.

Several Democratic officials said they expected the subpoenas to be reissued in January if their party retains control of Congress in the November elections

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McCain Ads go Negative Early on Obama

July 31, 2008, Washington, DC – By launching a series of TV ads that ridicule Senator Barack Obama and question his readiness to be president, Senator John McCain has made a strategic decision to go directly negative much earlier than usual in the presidential race.

The McCain campaign hopes that the ads will define Obama before the presumptive Democratic nominee can fully introduce himself to voters – a classic campaign tactic. But the taunting commercials also risk backlash if they are seen at odds with McCain’s repeated pledges to run a civil campaign on the issues.

Independent analysts have said that several assertions in the ads are based on questionable claims or outright falsehoods. In the TV spots, McCain suggests that Obama is responsible for rising gas prices and that Obama canceled a trip to visit wounded troops because he couldn’t bring the media along – assertions strongly disputed by the Obama campaign.

Yesterday, McCain pushed his strategy to a new level, trying to use Obama’s popularity against him. The Arizona Republican unveiled an ad that mocks Obama’s appeal by saying he is “the biggest celebrity in the world,” showing him speaking to 200,000 people in Berlin last week, and comparing him to Britney Spears and Paris Hilton.

Obama told voters yesterday in Springfield, Mo., that McCain was trying to scare them into thinking that “he’s not patriotic enough, he’s got a funny name . . . he’s risky.”

Asked later about McCain’s ads, Obama said, “I do notice that he doesn’t seem to have anything very positive to say about himself, does he? He seems to only be talking about me.”

Nonetheless, the ads have drawn Obama’s attention.

At the Springfield town hall meeting yesterday, Obama disputed McCain’s assertions that he would raise taxes, joking that he was a distant cousin of local legend Wild Bill Hickok and declaring, “I’m ready to duel John McCain on taxes right here, quick draw.”

The McCain campaign saw that as yet another opening, saying Obama would rather “run for the hills” than accept McCain’s challenge to debate him in town hall meetings.

Steve Schmidt, a senior adviser to McCain, explained yesterday’s ad by saying that it pointedly asks: “Do the American people want to elect the world’s biggest celebrity, or do they want to elect an American hero, somebody who is a leader, somebody who has the right ideas to deal in a serious way with the problems we face?”

But John Weaver, a former McCain adviser who resigned from the campaign last year, said yesterday that the ad was “childish,” that such attacks diminish McCain, and that his campaign is a “mockery.”

“For McCain to win in such troubled times, he needs to begin telling the American people how he intends to lead us. That McCain exists. He can inspire the country to greatness,” Weaver told the Atlantic magazine, in a comment quickly noted by the Obama campaign.

During and after a week in which Obama garnered massive publicity for his overseas tour, McCain initially attacked Obama for not supporting the surge of additional US troops in Iraq. But that tactic looked backward and was blunted by Iraqi officials indicating that they were in general agreement with Obama’s proposal to withdraw US troops in 16 months. McCain said he could abide by such a timeline if “conditions on the ground” were acceptable.

McCain’s new strategy has become evident with the attack ads. Besides the ones on gas prices and wounded soldiers, another accuses Obama of voting “against funding the troops.” The ad launched yesterday, besides mocking Obama’s celebrity, concludes with the assertion that Obama wants to import more foreign oil and raise energy taxes.

The Obama campaign has walked a fine line in trying to decide whether to respond directly to the attacks or ignore them.

With one limited exception, Obama had not used an ad to respond to the attacks. Instead, he has preferred to issue statements and memos, to rely on the media to debunk McCain’s assertions, and to generally bemoan McCain’s negative tack as “old politics.”

Last evening, Obama responded in a TV ad of his own. “He’s practicing the politics of the past,” the announcer says in the spot, before citing media accounts that label some of McCain’s attacks as false.

“John McCain, the same old politics, the same failed policies,” the announcer says.

Obama is well aware of the lesson of the 2004 campaign, when Senator John F. Kerry did not initially respond fully and forcefully to attacks against him by Navy veterans who questioned Kerry’s actions during the Vietnam War. Kerry has said his failure to deal with the charges immediately was a mistake.

Obama spokesman Tommy Vietor said yesterday that the campaign “is unwilling to let false attacks go unanswered,” but is trying to focus on Obama’s proposals.

“That is the careful balance,” he said in a telephone interview. “You need to respond to the McCain campaign’s false negative attacks but also make sure you are talking about the issues central to Senator Obama’s candidacy.”

The Wisconsin Advertising Project, which monitors campaign ad spending nationwide, reported yesterday that of the $48 million worth of ads the two campaigns have aired since Obama clinched the nomination in early June, 90 percent of Obama’s ads have been positive and mostly about himself, while about one-third of McCain’s commercials referred to Obama negatively.

A CNN poll released yesterday said 22 percent of registered voters believed that Obama was attacking McCain unfairly, while 40 percent said they believed McCain was attacking Obama unfairly.

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Editorial Column: Veterans Deserve Support, Benefits After Their Service

Aug. 1, 2008 – This is supporting our troops? We don’t think so. Injured vets, in some cases, are losing their homes and other possessions waiting to receive disability benefits from the government.

Yes, we know the list of men and women needing help is extensive.
In fact, each month, about 1,800 veterans seek guidance in applying for benefits from the Department of Veterans Affairs at the Detroit office of the Veterans of Foreign Wars, reports Gary Putinski, a VFW service officer.

In addition, another 7,500 injured veterans or family members go to one of the three Oakland County Veterans’ Services offices for help each year.

Many served between World War II and the current conflicts in Iraq and Afghanistan, said division manager Diana Calvin.

The VFW and other organizations such as the Disabled American Veterans and the Paralyzed Veterans of America help injured veterans and their families work through the bureaucratic maze of paperwork to get monthly financial assistance.

But the organizations are barely keeping up.

The number of veterans needing benefits in Oakland County alone has increased by several percent each year since the Iraq War started in March 2003.

Lack of money and manpower to help veterans seek benefits are primary problems.

“We’re not going to get more money,” Calvin said of the division that is funded by Oakland County to the tune of $2 million this year.

Because funds are tight, she says the county’s Veterans’ Services Division is going to close its Walled Lake office and transfer workers to the Pontiac office effective Oct. 1. There’s also a third office in Troy.

However, there are only 12 counselors in Calvin’s division to help thousands of veterans file paperwork to receive benefits.

The system is overwhelmed, local and state veterans officials say.

“We’re actually tightening our belt,” Calvin said, noting five workers recently took severance offers.

“Unfortunately, when we lose a counselor, the workload has to be absorbed by the remaining counselors. It’s a lot more difficult. We’re spread out too thin.”

Depending upon the case, it takes the average veteran three months to a year to get benefits for which he has applied.

This is absolutely too long. It’s easy to see where veterans can lose their homes and other possessions with such delays in receiving what they rightfully deserve.

Ironically, money allocated by Congress in recent years to help veterans increased. The current federal VA medical budget is $39.1 billion and is scheduled to increase next year to more than $42 billion.

Supporting the troops is more than just sending them care packages when they are overseas and cheering their return.

Veterans need to be shown appreciation and given physical, psychological, job placement and financial help when needed once they’ve returned home and back to their civilian lives.

It’s not just the patriotic or compassionate thing to do, but the right thing to do.

Where funds are available, a priority needs to be placed on more efficiently distributing the money. If there’s not enough funds to help veterans apply for benefits, then the money needs to be found.

Helping all veterans, particularly disabled veterans, once they are home should be a top priority.

If we can’t help them after they’ve returned, then supporting the troops is no more than lip service.

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Editorial Column: Stress, Suicides, Mental Illness Plague Our War Veterans

Aug. 1, 2008 – The wars in Iraq and Afghanistan have a hidden cost, being borne by our returning warriors in unrelenting anguish and 18 suicides a day.

Pfc. Joseph Dwyer didn’t commit suicide – technically. But death was grim for this soldier, who was made famous by a 2003 photograph that shows him carrying an injured Iraqi boy.

Dwyer struggled with post-traumatic stress disorder, whose symptoms are seen in 1 in 5 soldiers returning from Iraq and Afghanistan.

Plagued by drug abuse, unemployment and marital strife, Dwyer died June 28, at age 31, in North Carolina after taking prescription pills and inhaling fumes from an aerosol cleaner.

Although he had returned from Iraq, he wasn’t the same man. “Joseph never came home,” said his mother, Maureen Dwyer, who believes the Army could have done more to help him.

This week, the Department of Veterans’ Affairs reported that a suicide hot line for veterans has fielded 55,000 calls in its first year – 22,000 from veterans and the rest from people concerned about veterans.

Through the hot line, 1,221 would-be suicides were prevented, the report says. Many of the counselors are veterans.

“They have indicated to us that they are in extreme danger. Either they have guns in their hand or they’re standing on a bridge or they’ve already swallowed pills,” said Janet Kemp, the VA’s suicide prevention coordinator.

U.S. Rep. Harry E. Mitchell, D-Ariz., is calling for expansion nationwide of the VA’s hot line publicity campaign in Washington, D.C.

Ads there say: “It takes the courage and strength of a warrior to ask for help.”

But a warrior can’t ask for help if he doesn’t know where to turn. The VA should comply with Mitchell’s request at once.

While the hot line and its publicity are good steps in the right direction, they are long overdue – and they are not enough. The VA must seriously tackle this problem, not hide it.

The department was blasted in May for obfuscating suicide statistics, as evident in the opening line of a top official’s e-mail on the data – “Shh!” – and the response to an information request from Mitchell, who was told to file a Freedom of Information Act request.

Such handling of data on our veterans’ mental health is reprehensible. The VA has a responsibility to inform and raise awareness among citizens and members of Congress alike.

Accurate, timely information is essential for the veterans, their families and for members of Congress, who can enact legislation and appropriations to address these issues. No one deserves help more than our veterans – and they deserve the most and best help there is.

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For White House, Hiring is Political

July 31, 2008, Washington, DC – On May 17, 2005, the White House’s political affairs office sent an e-mail message to agencies throughout the executive branch directing them to find jobs for 108 people on a list of “priority candidates” who had “loyally served the president.”

“We simply want to place as many of our Bush loyalists as possible,” the White House emphasized in a follow-up message, according to a little-noticed passage of a Justice Department report released Monday about politicization in the department’s hiring of civil-service prosecutors and immigration officials.

The report, the subject of a Senate oversight hearing Wednesday, provided a window into how the administration sought to install politically like-minded officials in positions of government responsibility, and how the efforts at times crossed customary or legal limits.

Andrew Rudalevige, an associate professor of political science at Dickinson College in Pennsylvania who studies presidential power, said that while presidents of both parties over the last half-century had sought ways to impose greater political control over the federal bureaucracy, the Bush administration had gone further than any predecessor.

“The Bush administration is unprecedented in how systematic the politicization is and how it extends both across the wider organization chart and deep down within the bureaucracy,” Professor Rudalevige said. “They’ve been very consistent from Day 1 in learning the lessons of previous administrations and pushing those tactics to the limit.”

Tony Fratto, a White House spokesman, said there was nothing inappropriate or unusual about installing White House allies in politically appointed positions, and insisted that it had never been the administration’s policy to consider political affiliation when hiring career civil servants.

“I reject the presumption that we have been any more or less aggressive than any other administration in trying to execute our policies,” Mr. Fratto said.

The report released on Monday by Justice Department investigators said that the context of the May 17, 2005, message from the White House “made plain” that it was seeking politically appointed government jobs, for which it is legal to take politics into account. The report did not say who sent the message.

But the message also urged administration officials to “get creative” in finding the patronage positions — and some political appointees carried out their mission with particular zeal.

“We pledge 7 slots within 40 days and 40 nights. Let the games begin!” Jan Williams, then the White House’s liaison to the Justice Department, said in an e-mail message two days later.

Within a week, messages between Ms. Williams and the White House showed, she began trying to match the White House-vetted names of people who had been “helpful to the president” — like campaign volunteers — with openings for immigration judges, positions that are supposed to be filled using politically neutral, merit-based criteria.

Ms. Williams told the Justice Department inspector general that she had not realized that immigration judges were career jobs subject to Civil Service rules. Mr. Fratto said there was no evidence that White House officials realized that at the time, either.

The department’s response to the May 2005 e-mail message was not the only instance in which government agencies appeared to have taken a White House political directive in a more aggressive direction.

In 2005, the White House, in seminars to agency liaisons, recommended that they use Internet searches when vetting certain applicants to determine their views on Mr. Bush, abortion and other matters, the Justice Department report said.

But at the Justice Department, Ms. Williams’s successor, Monica M. Goodling, began using an expanded version of the search to screen the views of candidates for career positions on matters as far-ranging as homosexuality, gun rights and the Iran-contra scandal. The report also accuses Ms. Goodling of asking candidates for Civil Service jobs to fill out a form disclosing their political activities.

Ms. Goodling admitted in Congressional testimony last year that she had “crossed the line” in applying a political litmus test to career job candidates. Through her lawyer this week, she declined to be interviewed.

Paul C. Light, a professor of government at New York University, said the administration had fostered an atmosphere that encouraged blurring the line between politics and policy, as when Mr. Bush gave Karl Rove, his top political adviser, a policy-making role in the White House. That atmosphere, Professor Light said, increased the chances of scandal by over-eager political appointees who ended up embarrassing the president.

“Once you send this permissive agenda to agencies, you can’t control it,” Professor Light said. “You want them to toe the line, but they may innovate.”

For example, he noted, when Mr. Bush first took office, his top political aides, including Mr. Rove, began briefing political appointees in agencies throughout the executive branch about coming elections and how policy decisions might affect the outcome of crucial races, according to several news reports.

In January 2007, a deputy to Mr. Rove conducted such a briefing for top managers of the General Services Administration, which handles more than $50 billion in annual contracts. At the end of the briefing, according to a Congressional investigation, the chief of the agency, Lurita A. Doan, encouraged agency officials to think about helping “our candidates” in the next election.

The accusations against Ms. Doan, who later resigned under pressure, dovetailed with ones leveled by David Kuo, the former deputy director of Mr. Bush’s Office of Faith-Based and Community Initiatives.

In a 2006 book, Mr. Kuo wrote that the office used taxpayer money to host events in 20 areas where motivating religious voters could swing the outcome of important Congressional races.

And the inspector general for the Department of Housing and Urban Development found that its secretary, Alphonso R. Jackson, had urged his staff to favor companies that were friendly to Mr. Bush when awarding contracts. Mr. Jackson resigned in the spring.

But nowhere have the charges of politicization been as intense as at the Justice Department, where the investigations into personnel practices began with the firing of nine United States attorneys in 2006.

The overlapping investigations have already led to the resignation of several top department officials, including Ms. Goodling and former Attorney General Alberto R. Gonzales. And Democrats show no sign of easing up.

At Wednesday’s hearing, Senator Patrick J. Leahy, Democrat of Vermont and chairman of the Judiciary Committee, said the Justice Department reports had made clear that “the problems of injecting politics” into decisions that are supposed to be nonpartisan “are rooted deeper than just the actions of a handful of individuals.”

On Wednesday, the House Judiciary Committee voted on party lines, 20 to 14, to recommend that Mr. Rove be cited for contempt for ignoring a subpoena and not appearing at a hearing to discuss the accusations of political interference by the White House into hiring practices at the Justice Department.

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Strained by War, US Army Promotes Unqualified Soldiers

July 30, 2008,Fort Hood, TX – America’s military commitment in Iraq and Afghanistan is certain to remain a key issue in the presidential race — and soon that could include renewed focus on a “stretched thin” U.S. Army. According to a Salon investigation, the Army is facing a troubling shortage of qualified sergeants, the noncommissioned officers considered to be the backbone of training and combat operations. In fact, a new Army policy intended to boost this critical leadership corps of NCOs has prompted a wave of promotions for apparently unqualified soldiers — and even jeopardized some combat operations in Iraq.

In essence, an Army policy implemented in 2005 and expanded this year lowered the bar for enlisted soldiers with the rank of E-4 to gain the rank of sergeant, or E-5, by diminishing the vetting process. According to more than a half dozen current and former Army sergeants interviewed by Salon, the policy has produced sergeants who are not ready to lead. In some cases, soldiers were promoted even after being denied advancement by their own unit commanders. While awarding a promotion once required effort on the part of a commander, those interviewed say, the Army’s current policy actually requires effort to prevent a promotion, and has had negative consequences on the battlefield.

A sergeant interviewed recently at Ft. Hood for this article recounted how he watched his commander feed the promotion papers for one E-4 through a shredder shortly before their unit deployed to Iraq in 2006. After two months in the field, that solider and another E-4 who had also been passed over for promotion were automatically promoted to sergeant anyway, despite their commander’s earlier judgment. Problems soon arose during a combat patrol involving “action on contact,” an encounter with the enemy in which fire is exchanged. “These two NCOs were immature and not ready as far as leading other soldiers, and there were some ‘oh shit’ moments,” said the sergeant, who asked not to be identified and declined to provide specific details about the combat incident because of security restrictions. “We had to have a powwow and pull back on what was going on. Fortunately, no casualties occurred.”

The newly promoted E-5s, he said, also had problems with calling in reports from the field — which, in a combat scenario, could involve such life and death decisions as requesting suppressive fire or determining if an area is safe for medical helicopters to land. “We had to spend a lot of time counseling and mentoring these new E5s in the field,” he said. “They have their sergeant rank and they still have a lot to learn.”

Sgt. Colin Sesek, a medic in the 82nd Airborne Division who returned from a 15-month deployment to Iraq in November 2007, said automatic promotions affected both the morale and effectiveness of medical units in which he served and in combat units he observed. “There was an E-4 in my platoon who was very disorganized and didn’t care about anyone else — he always delegated down the line, even when it was his job to do,” said Sesek. “I’m trying to think of the civilian equivalent of how to describe him — ‘shit bag’ is what we called him. He had been in the Army for a while and boom, he got paper boarded” — a term referring to the Army’s expedited promotions process. “When I heard he got promoted I said, yep, that’s the only way he would have gotten it.”

Sesek said the promotion had wider effects within his unit, as other platoon leaders followed this example and began promoting their own E4s without hesitation. “In infantry platoons, too, I saw people get promoted who shouldn’t have been. The squad leaders told me, ‘Well, if that screwup in that platoon got promoted, then we’ll promote ours too.'”

After six years of war, with multiple tours of duty commonplace, the Army continues struggling to retain and recruit quality soldiers. After failing to meet its recruitment goals in 2005, the Army undertook measures to boost its numbers, with some success. That included stop-loss orders (compulsory postponement of retirements), bonuses of up to $50,000 for re-enlisting, and the loosening of standards on criminal backgrounds, education and age. It also began automatically promoting enlisted personnel with the rank of E-4 to sergeant, or E-5 in the Army’s hierarchy of service ranks, based on a soldier’s time in service, while waiving a requirement that candidates for E-5 appear before a promotions board.

Under the current policy, after 48 months of service E-4s serving in military specialties with shortages are automatically placed on a promotions list. Although a soldier’s name can be removed by his or her commander, each month that soldier’s name is placed back on the list. This was termed “automatic list integration” by the Army (or what the soldiers call “paper boarding”). This April, the policy was expanded to include promotions to staff sergeant, or E-6.

Sgt. Selena Coppa, a communications specialist in the 105th Military Intelligence Battalion, said she has noted a marked lowering of standards for E-4s being promoted to sergeant. “The doctrine now is that you just need to be trainable, and people who are not competent and not good leadership material are being promoted,” said Coppa, who has expressed her concerns through unit performance surveys and spoken directly to her superiors. “A sergeant major told me, ‘Yes, you’re right, but there’s nothing I can do about it.'”

Lt. Col. Elizabeth Edgecomb, branch chief for the Army personnel team at the Department of Defense, explained in an interview with Salon that the Army was short 1,549 sergeants, mostly in combat occupations, when the policy was implemented in February 2005. It has reduced the number of NCO occupational specialties with shortages by 74 percent since then, according to Edgecomb. She added that in many cases promotions are awarded to E-4s who, due to manpower shortages, are already doing the work of E-5s. “The policy does not change Army standards for promotion,” said Edgecomb. “Commanders have the responsibility to stop a potential promotion when they determine a soldier is not trained or is in some way unqualified in accordance with standards.”

Perhaps no part of the U.S. military has carried as heavy a burden in Iraq as Army sergeants, who directly train, mentor, discipline and lead boots-on-the-ground soldiers. After years of war, many of the Army’s most experienced sergeants have retired, left the service, transferred to noncombat posts, or are recovering from battlefield injuries.

“Army NCOs lead on a very personal level and are the backbone of how the U.S. Army is run,” says Lt. Col. Gian Gentile, a former commander in the 4th Infantry Division who teaches military history at West Point. “In combat specialties such as armor and infantry, doing two to three tours is having an effect on NCOs. They have been through a lot and it puts tremendous stress on them and their families.”

The current promotion policy is causing some doubts and bitterness among veteran NCOs. “If these guys don’t work for it and you give it to them, we’re not making leaders, we’re making stripe wearers,” says Staff Sgt. Charles Bunyard, a senior scout in the 1st Cavalry Division at Ft. Hood who commands a unit of Bradley fighting vehicles.

Bunyard has over 15 years of service in the Army, including two deployments to Iraq, where he survived nearly a dozen IED blasts, was grazed in the head by a sniper’s bullet and broke a leg in three places in a training accident. Sent home last year from Diyala province after suffering a dislocated shoulder and a severe concussion in an IED attack, he was diagnosed with post-traumatic stress disorder and traumatic brain injury. But after healing, he returned to duty and volunteered for a third combat tour. After five months of recuperation, he was cleared by Army doctors to return to duty and has volunteered for a third combat tour.

At Ft. Hood, Bunyard is spending 16-hour days training his squad of new recruits for their first deployment later this year. Married and the father of five children, several months ago he stopped going to his scheduled doctor and therapy appointments, which he says interfered with his duties. “I have a large responsibility to these guys, and when I’m gone I’m cheating them out of leadership and ways to learn better,” said Bunyard, who still has memory problems and sometimes speaks with a slur as a result of his brain injury.

While the Army needs thousands of new NCOs to replenish the existing ranks, thousands more are also needed as the force expands. The Army plans to add 65,000 soldiers to its ranks by 2010, as declared by President Bush in his State of the Union Address in January 2007.

Quality and morale issues notwithstanding, official figures from the Defense Department on re-enlistment show that the Army has exceeded its retention goals for the past three years. But the planned expansion will only increase the Army’s need for NCOs and junior officers, who have also been leaving the military in waves. A shortage of qualified NCOs is tied to a shortage of junior officers, as many of the latter choose not to re-enlist, says Gentile. “The Army has holes in its officer corps as well, and enlisted soldiers who would have become NCOs — the cream of the crop — are going to Officer Candidate School rather than becoming sergeants,” he explained. According to Gentile, who served two combat tours in Iraq, it’s now not uncommon to see 26-year-olds with seven years of service who are sergeants first class in charge of a platoon of 30 soldiers. Before the war, he says, achieving that rank would have taken twice as long.

Some military experts doubt the force’s capability at present, particularly if it is needed to perform on a third war front. Two former undersecretaries of defense for personnel question the ability of the all-volunteer Army to meet its manpower needs in coming years. “Our volunteer Army was not set up to fight a long war,” says Lawrence Korb, who served in that role in the Reagan administration. “The idea was that an active Army would fight when needed and the National Guard and Reserve were on standby as a ready reserve. They’ve all been in constant rotation for over five years, and we no longer have a reserve. What we’re doing is mortgaging the future of our Army.” Edward Dorn, who served in the Clinton administration, sees trouble on the horizon. “I think an increase of 65,000 by 2010 is out of reach with a volunteer force, unless you have a very significant downturn in the economy,” he said.

Not all E-4s are eager for automatic promotions to sergeant, according to Bandon Neely, who served in a military police battalion at Ft. Hood before leaving the service May 2005. When the policy began in 2005, the Army also had begun to impose stop-loss orders to prevent sergeants from leaving the service, “so a lot of E-4s did not want it,” Neely said. “Guys were being put up for promotion who refused to take it.”

Patrick Campbell, a sergeant in the District of Columbia’s National Guard who was recently awarded an automatic promotion, said he has seen both the benefits and drawbacks of the policy. Campbell, who served as a combat medic in Iraq in 2004 to 2005, said battlefield experience quickly turned new sergeants into competent leaders. “Being in combat forces you to learn fast — your life depends on it,” he said. “At the same time, leadership training is needed but it’s being delayed because of the pressure of deployments. If you promote people without training, what does it mean to be a sergeant?”

John Hagedorn, a sergeant who served in 2007 as a forward observer in the 82nd Airborne Division assigned to an artillery unit in Tikrit, said the high rate of NCO promotions disrupted the chain of command in the platoons to which he was attached. Out of 70 personnel in three platoons, only five soldiers returned without having been promoted to sergeant, he said.

“The artillery soldiers I was assigned to would normally be operating 105-mm Howitzer canons, but most of them had no idea how to fire one,” said Hagedon, 23, who served 15 months in Iraq under stop-loss orders and left the Army after his return in 2007. “The guys who were promoted to E-5 would normally be the crew chief in charge of one of these guns, and when they came home they were thrust into the position where they were untrained in their mission. They would be transferred to other posts and would get somewhere else and not know how to use the gun.”

Sgt. Hagedon’s experience points to a problem documented by an internal Pentagon report co-authored this year by Lt. Col. Gentile. The report, which raises concerns that the Army’s current focus on counterinsurgency has weakened its ability to fight conventional wars, cites among other statistics that 90 percent of Army artillery units are unqualified to fire their weapons accurately — the lowest rating in history.

In Iraq, Sgt. Hagedon said, “All those promotions lessened the significance of being in a position of leadership. It brought junior leaders down to Joe Private level and stole thunder from the older NCOs, who didn’t like seeing all these young guys getting promoted so fast.”

Hagedon said consideration of leadership potential played no part in the promotion process, as the new policy created pressure on senior sergeants to promote, regardless of performance. “If all the other E4s are getting promoted, it will look bad if you don’t promote your guy,” he said. “And if everyone else is getting it, they don’t want to cut an E4 out of the pay raise you get — $200 a month.”

The result in the platoons he observed was a breakdown in the chain of command, which followed the soldiers home: “There was really no difference between the enlisted guys and the junior leadership [in Iraq]. They’re hanging out together, being buddies, not like back in the U.S. where the NCOs are constantly correcting soldiers of a lesser rank. Then you come home to a training environment like Ft. Bragg and it’s a problem. You can’t be hanging out drinking beer with the enlisted guys one night and chewing their ass out the next morning. You end up showing favoritism.”

Such concerns may be exacerbating morale problems caused by multiple deployments. In Hagedon’s own platoon of forward observers from the 82nd Airborne, only two out of 12 sergeants chose to remain in the Army when their enlistment ended.

Sgt. Major Tom Gills, chief of Army enlisted promotions, says that the current policy has returned promotion rates to what the Army had prior to the end of the Cold War. “Over the years, individual units had adopted their own standards that were higher than official standards,” he said. “A lower and lower percentage of soldiers were going before promotion boards. Through the 1980s, 25 percent of soldiers were going up for promotion, while until recently only 5 percent were coming up for promotion.”

But Andrew Bacevich, a retired Army colonel who served in Vietnam and now teaches U.S. military history and foreign policy at Boston University, said soldiers in the all-volunteer Army will continue to be overtaxed, even with the planned expansion. The strength and morale of noncommissioned officers, he said, has always been a critical measure of the Army. “When the Army began to fall apart during Vietnam one of the red flags was the deterioration of the NCO corps,” said Bacevich. “Experienced NCOs began leaving in large numbers, and the Army tried to make up for it with ‘shake and bake NCOs’ — enlisted men who went through a 90-day school. It didn’t work very well and it didn’t stop the erosion.”

Bacevich, whose son, 1st Lt. Andrew J. Bacevich, served in the 1st Cavalry Division and was killed in Iraq in 2007, added, “We don’t have an Army that is large enough to continue with this sustained rate of deployment, particularly if some other conflict arises elsewhere. The best solution I see is to lessen our commitments abroad.”

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Editorial Column: What if Iraq Works

July 31, 2008 – There is a growing confidence among officers, diplomats and politicians that a constitutional Iraq is going to make it. We don’t hear much anymore of trisecting the country, much less pulling all American troops out in defeat.

Critics of the war now argue that a victory in Iraq was not worth the costs, not that victory was always impossible. The worst terrorist leaders, like Abu Musab al-Zarqawi and Muqtada al-Sadr, are either dead or in hiding.

The 2007 surge, the Anbar Awakening of tribal sheikhs against al Qaeda, the change to counterinsurgency tactics, the vast increase in the size and competence of the Iraqi Security Forces, the sheer number of enemy jihadists killed between 2003-8, the unexpected political savvy of Prime Minister Nouri al-Maliki and the magnetic leadership of Gen. David Petraeus have all contributed to a radically improved Iraq.

Pundits and politicians – especially presumptive Democratic presidential nominee Barack Obama – are readjusting their positions to reflect the new undeniable realities on the ground in Iraq: The additional five combat brigades of the surge sent to Iraq in 2007 are already redeployed out of the country. American soldiers are incrementally turning province after province over to the Iraqi Security Forces, and planning careful but steady withdrawals for 2009.

Violence is way down. American military fatalities in Iraq for July, as of Tuesday, were the lowest monthly losses since May 2003.

For more than four years, war critics insisted that we took our eye off Afghanistan, empowered Iran, allowed other rogue nations to run amok and soured our allies while we were mired in an unnecessary war. How true is that?

The continuing violence in Afghanistan can be largely attributed to Pakistan, whose tribal wild lands serve as a safe haven for Taliban operations across the border. To the extent the war in Iraq has affected Afghanistan, it may well prove to have been positive for the United States: Many Afghan and Pakistani jihadists have been killed in Iraq, the war has discredited al Qaeda, and the U.S. military has gained crucial expertise on tribal counterinsurgency.

A constitutional Iraq of free Sunnis and Shiites may soon prove as destabilizing to Iran as Iranian subversion once was to Iraq. Nearby American troops, freed from daily fighting in Iraq, should appear to Iran as seasoned rather than exhausted.

These shifting realities may explain both the shrill pronouncements emanating from a worried Iran and its desire for diplomatic talks with American representatives.

Meanwhile, surrounding Arab countries may soon strengthen ties with Iraq. After all, military success creates friends as much as defeat loses them. In the past, Iraq’s neighbors worried either about Saddam Hussein’s aggression or subsequent Shiite/Sunni sectarianism. Now a constitutional Iraq offers them some reassurance that neither Iraqi conventional nor terrorist forces will attack.

None of this means that a secure future for Iraq is certain. After all, there are no constitutional oil-producing states in the Middle East. Instead, we usually see two pathologies: either a state like Iran, where petrodollars are recycled to fund terrorist groups and centrifuges, or the Gulf autocracies where vast profits result in artificial islands, indoor ski runs and radical Islamic propaganda.

Iraq could still degenerate into one of those models. But for now, Iraq is not investing its wealth in subsidizing terrorists outside its borders, spreading abroad fundamentalist madrassas, building centrifuges or allowing a few thousand royal first cousins to squander its oil profits.

Iraq for the last 20 years was the worst place in the Middle East. The irony is that it may now have the most promising future in the entire region.

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Deal on a Security Agreement is Close, Iraqis Say

July 31, 2008, Baghdad – Iraq and the United States are close to a deal on a sensitive security agreement that Iraqi officials said on Wednesday satisfies the nation’s desire to be treated as sovereign and independent.

The agreement, under intense scrutiny in both countries, sets the terms for the presence of American troops in Iraq. Negotiations had stalled a month ago largely over the Bush administration’s refusal to specify an intention to withdraw troops. While the current version does not specify any exact date, officials said, President Bush’s recent acknowledgment that withdrawal was an “aspirational goal” has revived the talks and pushed them closer to completion.

The emerging agreement, officials said, gives Iraqis much of what they want — most notably the guarantee that there would no longer be foreign troops visible on their land — and leaves room for them to discreetly ask for an extended American presence should security deteriorate.

“The intention is to maintain full sovereignty for Iraq with close observation of the security situation, which will determine exactly when Iraq will no longer need American forces,” said Jalaluddin al-Sagheer, a member of Parliament from the Islamic Supreme Council of Iraq who is close to the negotiations.

Although security nationwide has improved far more rapidly than expected in the last several months, it could erode quickly, a point that was underscored earlier this week in Kirkuk when a suicide bomber killed 24 people and set off accusations from different ethnic groups that quickly spiraled into a riot.

“The negotiations had gotten to the point that a draft was being circulated,” said an American official in Washington who is familiar with the negotiations.

The Americans have been pushing hard for an agreement to be reached in the next two days, said Haider al-Abbadi, a Parliament member close to Prime Minister Nuri Kamal al-Maliki, but he said that the Iraqis were not ready and that he was not sure they would be able to come to an agreement by then.

The Bush administration’s unofficial deadline for the deal has long been July 31. Although the United Nations mandate allowing American troops to operate in Iraq will not expire until the end of the year, politicians in both countries have been concerned that with elections approaching in the United States and Iraq, it might not be possible to reach an agreement once the fall campaign is in full swing and it would be better to finish negotiations during the summer.

Also, the White House announced late on Wednesday that President Bush would make a statement on Iraq on Thursday morning.

It was not clear whether the draft would even include a tentative timetable for troop withdrawal. The American official said that the draft did not include a date of the so-called time horizon.

Officials said that they were discussing the goal of having all American troops, including advisers and trainers, leave by 2010, but that the time of departure would depend on conditions on the ground.

The authorization for the presence of American troops would be renewable annually so that if conditions worsened or improved, Iraqis could respond to that, according to Ayaed al-Sammaraie, a Sunni leader, and several other Iraqis knowledgeable about the agreement.

The agreement is divided into three parts, said Fouad Massoun, a Kurdish member of Parliament close to the negotiations, as well as several other Iraqis. The first section is an uncontroversial “strategic framework agreement,” which generally lays out the future relationship between the United States and Iraq.

The second section is a “protocol” that includes the rules governing American troops. It would authorize the continued presence of American troops in Iraq and give them authority to conduct operations, but only with the permission of the Iraqis. This section would deal with immunity for American forces, long a central demand for American negotiators. Soldiers would continue to have immunity during authorized military operations as well as on the bases, said Ali al-Adeeb, a member of Parliament from Mr. Maliki’s Dawa party and a close adviser of Mr. Maliki.

The agreement does not make it clear how contractors would be dealt with. While the Americans have said that private security companies would no longer be immune from Iraqi law, there are many other contractors, like translators and food service workers, whose status has not been made clear.

The third section would be an appendix that would describe the administrative mechanism for authorizing American operations. There would be a joint Iraqi and American committee in each province that would authorize operations and a joint committee at the national level to resolve disputes.

The resolution of the rules governing detainees still appeared to be unresolved, according to several Iraqis close to the negotiations. There are two difficult issues: whether Americans will be able to detain Iraqis in the future, and what should be done with those who are being held by the United States.

American forces now hold about 22,000 Iraqi detainees at Camp Cropper in Baghdad and Camp Bucca, near the Kuwait-Iraq border. While the vast majority will never be charged under Iraqi law because there is not enough evidence to bring them to trial, the American military says that about a third remain security risks. The question remains whether and when to turn them over to the Iraqis. The vast majority are Sunni, while much of the Iraqi security force is Shiite.

Conversations with half a dozen Iraqi lawmakers made clear that the American government’s decision to bend on the issue of discussing an end date for the American military presence in Iraq played a large role in the reconciliation between the two groups of negotiators.

“The time horizon is very important for Iraq because Iraqi has no interest in keeping American forces here for a long time,” said Mr. Sammaraie, who said that the negotiators would like the withdrawal to include all forces in order to encourage all American troops to do their work efficiently. “For instance in Afghanistan they were slow to train Afghan soldiers, and now they are having all kinds of problems,” he said.

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July 30 Lawsuit Update: VCS and VUFT Press Release: Veterans Appeal Court Decision Against Overhauling VA

Veterans Appeal Court Decision Against Overhauling VA 

On June 25, 2008, Senior Federal District Court Judge Samuel Conti issued his decision in the landmark case brought on behalf of veterans suffering from PTSD and traumatic brain injury.  In his decision, Judge Conti held that it is “clear to the Court” that “the VA may not be meeting all of the needs of the nation’s veterans.” Nonetheless, Judge Conti concluded that the power to remedy this crisis lies with the other branches of government, including Congress and the Secretary of the Department of Veterans Affairs, holding VA’s failures to meet veterans’ needs are “beyond the power of this Court” and would “call for a complete overhaul of the VA system.”  Plaintiffs seek review in the Ninth Circuit Court of Appeals of Judge Conti’s Decision, and seek an expedited hearing in the matter. 

For information about the lawsuit, please go to www.veteransptsdclassaction.org

The importance of this appeal is underscored by the fact that a serious suicide epidemic among veterans continues to exist.  Meanwhile, VA continues to turn away suicidal veterans, as shown by the recent case of Lucas Senescall in Spokane Washington.  The flood of veterans with mental health problems will continue to increase as the wars go on.

This is because, as a recent Army study found, repeat deployments increase the risk of PTSD by 50 percent, above and beyond what we are already seeing from veterans discharged from the first few years of the Iraq and Afghanistan wars.  In his decision, Judge Conti found that many veterans are in fact suffering, and that the VA is the cause of much of that suffering.  For these reasons, Plaintiffs believe they should continue to fight, that their cause is valid, and that Judge Conti was incorrect in holding that the courts are without power to grant veterans a remedy.

Client Contacts:
* Paul Sullivan, Veterans for Common Sense, (202) 558-4553
* Robert M. Handy, Veterans United for Truth, (805) 455-5259

Counsel Contacts:
* Gordon P. Erspamer, Arturo J. González, and Heather A. Moser Morrison & Foerster LLP, Lead Counsel, (415) 268-7000
* Sid M. Wolinsky, Ron Elsberry, and Kasey Corbit, Disability Rights Advocates, (510) 665-8644

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