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  • Recommended: DOJ confirms Holder OK'd search warrant for Fox News reporter's emails
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  • 5
    May
    2013
    9:40pm, EDT

    Gitmo detainees' lawyer describes 'brutal' force-feeding of hunger strikers

    By Michael Isikoff
    NBC News national investigative correspondent

    Hunger-striking detainees at the Guantanamo detention facility are being force-fed through tubes inserted into their noses twice a day -- causing them to gag for air and vomit -- during a procedure that a U.S. military defense lawyer just returned from the U.S. base in Cuba described as “brutal” and agonizing.

    Lt. Col. Barry Wingard, who represents two Kuwaiti detainees at Guantanamo, told NBC News on Sunday that one of his clients described being shackled by his wrists and around his waist —while food is “dumped into this throat” for up to two hours at a time.  His comments came as the U.S. military released new photos showing the chair to which hunger-striking detainees are strapped, and bottles of Ensure, the nutritional supplement, that they are being fed.

    “When that tube goes up your nose, your eyes begin to water, as it passes through the back of your skull. As it passes through your throat, you begin to gag and you begin to suck for air until it's passed into your stomach,” Wingard said. “It’s agony, according to my client.

    “The more times that you’ve been force-fed this way, the more your nose gets inflamed, the more your esophagus begins to burn, the more your stomach begins to burn.”

    Ronald Flanders, a spokesman for the U.S. Southern Command, said Sunday the force-feeding is a “legally approved procedure” used by the U.S. Bureau of Prisons  – and that the technique is similar to that used for the elderly and small children. He also said the procedure is necessary to save lives. “We have an obligation to keep these folks safe,” he said.

    The procedure is controversial within the medical community. The American Medical Association recently wrote a letter to Defense Secretary Chuck Hagel saying the force-feeding “violates core ethical values of the medical profession” when a prisoner makes a rational decision to refuse food.

    Of the 166 detainees at Guantanamo, 100 are now hunger striking and 23 are being force-fed, according to the U.S. military’s latest figures.

    The widening protest last week prompted President Barack Obama to renew his efforts to shutter the prison, used to hold suspected terrorists taken into custody in overseas battlefields. “The idea that we would still maintain forever a group of individuals who have not been tried, that is contrary to who we are, it is contrary to our interests and it needs to stop,” he said.

    Congress has so far blocked his efforts, placing restrictions on transferring the detainees to foreign jurisdictions or bringing them into federal prisons in the United States. “The fact is there’s been no coherent plan presented to the Congress of the United States as to how we would dispose of these individuals,” Republican Sen. John McCain said Sunday on Fox News. “And one of them is not to send them back into the fight where they can kill more Americans.”

    Wingard, who returned from a five-day trip to Guantanamo last week, said conditions at the facility are “dire and getting worse.” One of his clients, a Kuwaiti named Faiz al-Kandari, has lost a third of his body weight and now weighs 105 pounds but appears determined to continue, he said. Aggravating the situation, 86 detainees have been cleared for release or transfer, but efforts to send them home have stalled, making them more desperate, he said.

    As for renewed talk by Obama and others about closing the base, Wingard said, “These men have heard these words for the past eleven and one half years. They’re not going to be brutalized into submission, and I think the net result will be some of them will die.” 

    New photos released by the U.S. military show how it is dealing with the hunger strike in Guantanamo Bay, NBC's Michael Isikoff reports.

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    250 comments

    If they would eat they would not have to be force-fed! Nobody feel's sympathy for them fuk em.

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    Explore related topics: us, guantanamo, detainees, military, terrorists, gitmo, featured, force-feeding
  • 9
    Apr
    2013
    7:47pm, EDT

    Multiple military camouflage uniforms an example of government waste, GAO finds

    By Lisa Myers, Rich Gardella and Talesha Reynolds, NBC News

    Four different branches of the U.S. military are spending millions of dollars to equip troops with combat uniforms in seven different but similar camouflage patterns, says the Government Accountability Office, wasting money and potentially exposing some troops to increased risk on the battlefield.


    Follow @openchannelblog

    That’s one of the findings in the GAO’s latest report on government waste, its third annual report on overlapping, redundant and/or wasteful federal government programs and spending. (GAO is the independent, nonpartisan investigative and auditing agency that works for Congress.)

    The report identifies 31 new areas in the federal government "where agencies may be able to achieve greater efficiency or effectiveness" – 17 areas where the GAO found evidence of "fragmentation, overlap or duplication" and 14 where it found opportunities for significant cost savings and "revenue enhancement."


    On combat uniforms, the GAO found that the military services “employ a fragmented approach” in acquiring them.

    Have a look at the visual included in the report (below). It shows images of seven different camouflage patterns for uniforms separately ordered by the Army, Air Force, Navy and Marines.

    Government Accountability Office

    Before 2002, all the military services had used only two basic camouflage patterns – one woodland pattern and one desert pattern.

    Contracting separately for similar uniforms, GAO says, has resulted in “numerous inventories of similar uniforms at increased cost to the supply chain.”

    GAO found that if the services partnered together in procuring uniforms, the Defense Department could save tens of millions of dollars.

    Previously the Army has estimated it could save $82 million by partnering, and the Navy has estimated it could save $6 million.

    Spending watchdog groups say the uniform waste is one example of a widespread problem.

    “When you look at combat fatigues it's like a microcosm of the whole problem,” says Steve Ellis, vice president of Taxpayers for Common Sense, a nonpartisan budget watchdog group. “Combat fatigues are an example of how, left to its own devices, government creates more complication, and it's up to Congress to reign them in and to make them concentrate and only do one thing.”

    Of the 31 new areas the GAO identified, here are a few examples of areas the GAO found with overlap and duplication:

    • Drug abuse prevention and treatment programs: “Federal drug abuse prevention and treatment programs are fragmented across 15 federal agencies … in fiscal year 2012, about $4.5 billion was allocated to these 15 agencies that administer 76 programs that are, in all or in part, intended to prevent or treat illicit drug use or abuse.”
    • Renewable energy initiatives: “23 agencies and their 130 sub-agencies implemented 679 renewable energy initiatives in fiscal year 2010…9 agencies implemented 82 overlapping duplicative wind-related initiatives in fiscal year 2011 … including 7 initiatives that have provided duplicative … financial support to the same recipient for a single project.”

    Here are a few examples of areas GAO found with significant potential cost savings or increased revenue:

    • Crop insurance subsidies: Congress could save up to $1.2 billion if it reduced or limited subsidies for individual farmers.
    • Medicaid supplemental payments: by identifying improper Medicaid payments, HHS could save up to hundreds of millions of dollars.
    • Tobacco taxes: the federal government lost as much as $615 million to $1 billion between 2009 and 2011 “because tobacco manufacturers and consumers substituted higher-taxed smoking tobacco products with similar lower tax products.

    The entire list is in the full report, GAO-13-279SP - "2013 Annual Report: Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits." The report runs 293 pages and is available here.

    The GAO’s report includes recommendations for policy changes in each area. But the report includes some positive statistics about the impact of the GAO’s previous efforts.

    Since its first report in 2011, the GAO found that the Obama administration’s executive branch agencies and Congress “have made progress.”

    As of the latest report’s completion last month, the GAO found, a majority of the areas it identified in the first two reports in 2011 and 2012 got attention from the agencies involved: 16 of the 131 areas “were addressed”; 87 were “partially addressed”; and only 27 were “not addressed.” 

    Of approximately 300 “actions needed” within these areas, more than half were addressed or partially addressed: 65 were addressed, 149 were partially addressed and 85 were not addressed.

    The GAO’s recommendations to reduce waste and duplication on combat uniforms were originally provided to the Defense Department in September 2012. The department responded with a statement saying, “the DOD plans to provide joint criteria and policy guidance for camouflage uniforms to the military departments by March 2013, and plans to … provide additional oversight and further pursue active partnerships for joint development and use of uniforms.”

    Logistics Spc. 2nd Class Darlene Kemble / U.S. Navy

    U.S. Navy Seabees display Navy Working Uniform Type III in January 2012 in Pearl Harbor.

    Contacted Tuesday by NBC News for a response, representatives of the Defense Department referred to the previous statement. 

    At a hearing Tuesday afternoon before the House Committee on Oversight and Government Reform, GAO staffers testified about the report's findings and answered committee members’ questions.

    In his opening statement, U.S. Rep. Darrell Issa, R-Calif., the committee’s chair, expressed disappointment that only 16 of the 131 areas the GAO previously reported got fixed.

    “As budget pressure increases and the American taxpayer says I cannot afford to pay for the same services twice,” he said, “both Congress, including the GAO, and executive branch must find these programs, must find this waste and must do our job differently.”

    Rep. Elijah Cummings, D-Md., the committee’s ranking Democrat, blamed Congress for failing to act and said he hoped that Republicans and Democrats could “join forces to reduce waste, fraud and abuse.”

    “We should all be able to agree that a dollar wasted here is a dollar that is not put to better use elsewhere,” Cummings said.  “I think Republicans and Democrats will agree that we want to see taxpayers' dollars spent in an effective and efficient manner.”

    U.S. Comptroller General Gene Dodaro, who runs the GAO and was the hearing's main witness, summed up his testimony with this observation:

    “My term goes to 2025.  I hope that I won’t be reporting all these same issues in that year. But I can tell you that it won’t change unless the Congress gets involved in this process with active oversight.” 

    Related story: Uncloaked: How Army is testing new camo to replace flawed design

     

    67 comments

    I'm a retired Navy Seabee (retired in 1997), My son has been active duty since 2005. This is a topic I have griped about for years, even when I was on active duty and especially since my son has been in, the multitude of different uniforms is retarded. The Navy Seabee's had been wearing the same cam …

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    Explore related topics: army, air-force, navy, military, marines, gao, uniforms, government-oversight
  • 15
    Mar
    2013
    1:57pm, EDT

    ACLU beats CIA -- a little -- in court battle over drone documents

    U.S. Air Force handout

    An image from the U.S. Air Force shows a MQ-1 Predator unmanned aircraft.

    By Pete Williams, Justice Correspondent, NBC News

    A federal court of appeals handed a victory -- although a very limited one -- to the ACLU on Friday in the civil rights group's effort to use the Freedom of Information Act to get documents from the CIA about US drone strikes overseas.


    Follow @openchannelblog

    A three-judge panel of the DC Court of Appeals ruled unanimously that the CIA cannot simply refuse to respond by saying that it cannot confirm or deny the existence of any records. That position, the court said, has been completely undercut by public statements about the drone program made by President Barack Obama, CIA Director Leon Panetta and White House counterterrorism adviser John Brennan.

    "Given these official acknowledgments that the United States has participated in drone strikes, it is neither logical nor plausible for the CIA to maintain that it would reveal anything not already in the public domain to say that the Agency 'at least has an intelligence interest' in such strikes," the court said.


    Those statements, the court said, make it "implausible that the CIA does not possess a single document on the subject of drone strikes."

    But Friday's court victory does not hand the ACLU the key to the documents.

    The court sent the case back to a federal judge to decide whether the CIA can still argue that actually handing over any documents it has would damage national security. In fact, Friday's decision even holds out the possibility that the CIA may not have to be very explicit at all in saying what documents it has and why it wants to withhold them. 

    The ACLU filed a Freedom of Information Act request with the CIA three years ago, seeking records pertaining to the use of drones by the CIA or the armed forces for targeted killings overseas.  When the agency failed to respond in time, the ACLU went to court.  A federal judge accepted the CIA’s argument that even answering the question of whether it had any drone records would raise national security problems.  That ruling was reversed by the appeals court. 

    Jameel Jaffer, the ACLU lawyer who handles the case, called Friday's decision an important ruling.

    “It requires the government to retire the absurd claim that the CIA's interest in the targeted killing program is a secret, and it will make it more difficult for the government to deflect questions about the program's scope and legal basis. It also means that the CIA will have to explain what records it is withholding, and on what grounds it is withholding them," he said.

     

     

    165 comments

    I would be for anything that would bring us all back to the days of pre-911. Life in the US is almost unbearable since the folks with a desire to control every little thing for your safety and their gratification. I never realized there were so many people in the US willing to destroy the country to …

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    Explore related topics: terrorism, pentagon, military, drones
  • Updated
    13
    Mar
    2013
    7:45pm, EDT

    Accuser in Air Force sexual assault case 'frustrated' at overturned verdict

    Victims of sexual assault in the military told their stories on Capitol Hill Wednesday. Lawmakers say the Pentagon has failed to protect its own ranks from sexual assault. NBC's Michael Isikoff reports.

    By Michael Isikoff
    NBC News

    The victim in an Air Force sexual assault case that has provoked a firestorm in Congress says she was “absolutely stunned” when she learned that a top general had erased the conviction of her alleged assailant and that the decision will undermine the Pentagon’s efforts to encourage women to report such attacks.

    “It looks to me like he is protecting one of his own,” Kimberly Hanks, 49, told NBC News in an exclusive interview, about the decision of Air Force Lt. Gen. Craig Franklin, commander of the Third Air Force based in Ramstein, Germany, to overturn a jury’s verdict convicting a F-16 combat pilot of sexually assaulting her.


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    The message sent to other women who have been sexually assaulted, Hanks said, is “don’t bother” coming forward and reporting it. “It’s not worth it. Don’t bother.”


    Hanks agreed to be named publicly for the first time and granted an hour-long interview that was arranged by Protect our Defenders, an advocacy group that has sought to call attention to the military sexual assault problem. In the interview, Hanks recounted her personal ordeal last year when, as a physician’s assistant assigned to a hospital at Aviano Air Base in Italy, she accused Lt. Col. James Wilkerson — an F-16 combat pilot who was an inspector general at the base — of sexually assaulting her in his home. Hanks spoke in Washington, D.C., on the eve of a Senate Armed Services subcommittee hearing on sexual assaults in the military that is expected to focus in part on her case.

    Although she wrestled at first about what to do about what happened to her, she decided she needed to step forward and report it to Air Force authorities.  

    “I didn’t know if I could live with myself not doing anything about it,” Hanks said. “I couldn’t live personally with the knowledge that I was assaulted sexually and let this man go about his business while I had to live with the shame and the guilt. … I couldn’t let this guy get away with it.”

    Wilkerson’s lawyer, Frank Spinner, told NBC News that Hanks had “lied about multiple aspects of the case” and there was “no physical corroboration” of her claims that his client had assaulted her. But Hanks’ account of events got powerful support late Tuesday when Col. Don Christensen, the Air Force’s chief  prosecutor who personally tried her sexual assault case, described her in an interview with NBC News as “one of the most credible witnesses I’ve ever dealt with.” Christensen said he spent hours interviewing Hanks and found her entirely “truthful.” “She never changed her story. It was always 100 percent consistent,” he said.

    Hanks recounted how, just after months after arriving at Aviano Air Base, she was socializing with friends one evening after a concert and wound up at the home of Wilkerson and his wife, neither of whom she had known. Because of the late hour, she said she accepted an invitation to spend the night in the couple’s guest bedroom and went to sleep.  

    Later in the evening, “I had felt some discomfort. The lights came on which woke me up. And — I opened my eyes and Wilkerson was in bed with me with his hands down my pants,” Hanks said. She said his “face was six inches in mine.” (She declined to discuss further details, but prosecutor Christensen said Hanks testimony was that Wilkerson had fondled her breasts and inserted his hands into her vagina, providing the basis for his conviction on aggravated sexual assault.) Hanks said at that moment Wilkerson’s wife had entered the room. “And she told me to get the hell out of her house,” Hanks said. “I mean, I thank her. Because if she hadn’t come in, I don’t know what could have happened.”  

    According to the Air Force Times, Wilkerson's wife, Beth, testified at trial and denied she found her husband in the bed with Hanks, saying she asked her to leave because she was talking on her cell phone and walking around the house making the wooden floors creak. 

    The military jury believed Hanks’ account, convicted Wilkerson, stripped him of his rank  and sentenced him to a year in a military brig. Hanks said she thought her ordeal was over — only to learn two weeks ago that Gen. Franklin — who never attended the trial — had exercised his authority as “convening authority” of the court martial to reverse the conviction. Wilkerson was freed from the brig at Charleston, S.C., had his rank restored.

    The case has caused an uproar on Capitol Hill, where members are demanding an investigation of Franklin’s action and pressing for legislation to strip a military commander’s authority to overturn jury verdicts. “The fact that one person can overturn a punishment determined by a judge or a jury, flies I the face of justice,” said Rep. Jackie Speier, a California Democrat and member of the House Armed Services Committee.

    An Air Force spokesman said Gen. Franklin made his decision to overturn the verdict “only after his very lengthy, careful and thorough consideration” of the trial record and related materials submitted by all parties in the case. He concluded “that there was insufficient evidence to support a finding of guilty beyond a reasonable doubt.”

    Hanks said she is “frustrated” but has no regrets.

    “I did the right thing,” she said. “I reported it. I told the truth.”     

    More: Defying court's rules, anti-secrecy group posts tape of Manning statement 
    Authorities in U.S., Jamaica team up to tackle persistent phone scam 

    This story was originally published on Wed Mar 13, 2013 8:47 AM EDT

    525 comments

    Wow! Who is this guy to overturn a conviction when a judge and jury deemed Wilkerson guilty??? I was in the Army and I know that the good ol' boys definitely take care of their own. I saw sexaul misconduct occur all the time. I told my First Sergeant and nothing happened so I just stopped telling an …

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  • 5
    Mar
    2013
    4:03pm, EST

    Holder: No drone strikes in US, except in 'extraordinary circumstance'

    US Air Force via Reuters

    A Predator drone is shown in an undated photo from the Air Force.

    Michael Reynolds / EPA

    U.S. Attorney General Eric Holder addresses the National Association of Attorneys General in Washington, D.C., on Feb. 26.

    By Michael Isikoff
    National Investigative Correspondent, NBC News

    The Obama administration has "no intention" of carrying out drone strikes against suspected terrorists in the United States, but could use them in response to “an extraordinary circumstance” such as the 9/11 terror attacks, according to a letter from Attorney General Eric Holder obtained by NBC News.


    Follow @openchannelblog

    Sen. Rand Paul, R-Ky., who received the March 4 letter from Holder, called the attorney general’s refusal to rule out drone strikes in the U.S. “more than frightening.” 

    The letter from Holder surfaced just as the Senate Intelligence Committee was voting 12-3 to approve White House counterterrorism adviser John Brennan to be CIA director. The vote came after the White House agreed to share additional classified memos on targeted drone strikes against U.S. citizens overseas.

    Paul had threatened to hold up Brennan's confirmation on the floor of the Senate if the administration did not clarify whether targeted drone strikes could be used inside the U.S.


    In his letter, Holder called the question of drone strikes inside the U.S. "entirely hypothetical, unlikely to occur and we hope no president will ever have to confront. … As a policy matter, moreover, we reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat."

    But Holder then appeared to leave the door open to such strikes in extreme circumstances.

    Read the full letter

    "It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the president to authorize the military to use lethal force within the territory of the United States. For example, the president could  conceivably have no choice but to authorize the military to use such force if necessary to protect the homeland in the circumstances of a catastrophic attack like the ones suffered on Dec. 7, 1941 and Sept. 11, 2001." 

    In a statement, Paul said, “The U.S. attorney general’s refusal to rule out the possibility of drone strikes on American citizens and on American soil is more than frightening – it is an affront the Constitutional due process rights of all Americans.” 

    Paul told NBC News that the response by Holder could lead to a situation where “an Arab-American in Dearborn (Mich.) is walking down the street emailing with a friend in the Mideast and all of a sudden we drop a drone” on him. He said it was “really shocking” that President Barack Obama, a former constitutional law professor, would leave the door open to such a possibility.

    Paul said he will filibuster Brennan’s confirmation over the issue but acknowledged “we probably can’t stop him.” He did say, however, he intends to co-sponsor a bill with Republican Sen. Ted Cruz of Texas, to be introduced in the next few days, that would bar the president from using drone strikes in the U.S.

    Related stories:

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    Follow Open Channel from NBCNews.com on Twitter and Facebook 

    1628 comments

    If such a day arises that a president has to contemplate a drone attack against US citizens on US soil, may God help us all....

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  • 18
    Jan
    2013
    3:21pm, EST

    Air Force searches out porn, other 'offensive' material on its bases

    The U.S. Air Force has released a report revealing hundreds of instances of pornography on its bases. The investigation was spurred by a female sergeant who risked her career by stepping forward. NBC's Michael Isikoff reports.

    By Michael Isikoff
    National Investigative Correspondent, NBC News

    A worldwide inspection of U.S. Air Force facilities uncovered more than 631 pornographic movies, videos, DVDs, posters, magazines and other material that were either stored on computer servers or displayed in common areas at bases, according to a report released Friday. The hunt also found 31,585  other instances of "unprofessional" and "offensive" material -- including some that was racially insensitive, it said.

    The  search and report come on the heels of allegations that sexual misconduct is rampant within the Air Force and mounting complaints from Congress and women's groups that the service has tolerated a "culture"  of disrespect for women. Other branches of the U.S. military have been the subject of similar complaints.  

    Maj. Joel Harper, an Air Force spokesman,  confirmed that criminal investigations have been launched into some of those responsible for the material and said that some personnel may be subject to possible court martials. All the pornography and offensive material has been either removed or destroyed, Harper said.


    The purpose of the inspection was "to send a message that this type of stuff is not acceptable in this day and age," Harper said. "Some of this was clearly inappropriate."

    Mattel

    The 'offensive' material seized at Air Force bases around the world ran the gamut from hard-core pornography to a 'Ken' doll clad only in swimming trunks.

    An especially high number of improper materials were found at the Air Education and Training Command in Texas, which includes Lackland Air Force Base, the report said.  More than 30 instructors there are already under investigation for sexual misconduct—including allegedly sexually assaulting trainees --  and the issue will be a subject of a hearing before the House Armed Services Committee next week. Among the material found at the command on common computer drives, according to the report, were 144 pornographic posters and graphics -- including some "glorifying suicide" and "racial" in nature -- and 13 videos at showing "sexual images" as well as "killings and torture." Another video removed from the command was entitled "Achmed the Dead Terrorist."

    Material found and removed at other bases included Maxim magazines "with scantily clad women in provocative poses"  and photos of a "clothed lady performing oral sex" and a "female in tank top with beer bottle between breasts," it said. Other less explicit material, deemed less serious but still inappropriate,  included a shirtless photo of New England Patriots quarterback Tom Brady and a “Ken' Doll dressed only in swim trunks."

    The worldwide inspection of all Air Force bases was ordered last month by Gen. Mark Welsh, the service’s Chief of Staff, who directed commanders to “document and remove as contraband” any material they deemed “unprofessional or inappropriate” – defined as “detrimental  to a professional working environment” as well as “lewd, obscene or pornographic images or publications.” Harper said it was up to individual commanders to determine what constituted “inappropriate” materials.

    Welsh acted after Jennifer Smith, a technical sergeant at Shaw Air Force Base, filed an administrative complaint alleging "systemic and intentional sexual discrimination" against women in the Air Force. Smith, a 17 year veteran of the Air Force, told NBC News that she found highly offensive and "disgusting" pornography stored on computer servers and in songbooks at the base -- as well as some that she said were stored in classified vaults.  

    "I have served just as long and just as hard as any male has and for them to put that type of pornography out there was degrading," she said.  

    As the numbers  of women serving in the military has increased over the years, it has led to mounting complaints of rapes, sexual assaults and other misconduct. The Pentagon estimated that there had been as many as 19,000 sexual assaults against members of the military in 2011, and Defense Secretary Leon Panetta vowed  vigorous action to attack the problem. 

    More from Open Channel:

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    Follow Open Channel from NBCNews.com on Twitter and Facebook 

     

    389 comments

    Imagine that, photos of scantily clad women were found. I'm shocked I say, shocked.

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    Explore related topics: air-force, women, porn, military, harassment, misconduct, sexual, pornography, featured
  • 14
    Nov
    2012
    6:25pm, EST

    Email to Gen. Allen warning about Jill Kelley among those she gave to FBI

    NBC's Andrea Mitchell has new details about why Jill Kelley, one of the women at the center of the scandal involving Gen. David Petraeus, initially approached an FBI agent.

    By Michael Isikoff, Pete Williams and Jim Miklaszewski
    NBC News

    At least one anonymous email sent to Gen. John Allen, commander of U.S. and NATO forces in Afghanistan, was among those turned over by Tampa, Fla., socialite Jill Kelley to the FBI in June, a senior law enforcement official and a source close to Kelley tell NBC News. Kelley’s complaint to an FBI agent with whom she was acquainted triggered the investigation that ultimately led to the resignation of CIA Director David Petraeus.

    The law enforcement official, who spoke on condition of anonymity, said Wednesday that Kelley turned over fewer than a dozen emails to the FBI agent, including at least one that Allen had received and forwarded to her.  The emails were ultimately traced to Paula Broadwell, Petraeus’ biographer and the woman with whom he had an extramarital affair, multiple government and law enforcement officials have told NBC News.


    The official said it is not clear who received email from Broadwell first -- Kelley or Allen – but a person close to Kelley told NBC News on Wednesday that Allen received the first email in mid-May. According to the source, who also spoke on condition of anonymity, the email sent from an account called "kellypatrol" said , in essence, “Beware of Jill Kelley. She's the kind of person who could ruin you.” It also referred to a meeting Kelley and her husband were planning in Washington with Allen, the source said.

    Allen forwarded the e-mail to Kelley, thinking it was a joke from her. She replied that she hadn’t sent it, the source said.

    The law enforcement official said Allen also forwarded the email to a “military authority” within the Department of Defense. The official did not specify which office or individual was notified.

    Kelley herself began receiving similar emails in early June, the source close to her said, sent from four or five alias accounts. They contained words to the effect of, “What kind of person are you.” And passages directed to her husband, asked, in essence, “Do you know what your wife is up to?” the source said.

    As reported previously by NBC News, Kelley took the emails – including at least one from Allen – to the FBI agent she knew because they made reference to meetings she had planned with both Allen and Petraeus, the source said. Kelley wondered why an anonymous e-mailer would know that kind of detail and became concerned that someone was cyberstalking her or hacking into her e-mails, the person said.

    Federal officials confirmed Wednesday that the agent who first took the complaint from Kelley is Frederick Humphries, a counter-terrorism agent who worked on the millennium bomb plot case. His name was first revealed by the New York Times.

    -- / AFP - Getty Images

    Tampa, Fla., socialite Jill Kelley, left, inadvertently triggered the FBI investigation of CIA Director David Petraeus by turning over anonymous threatening emails -- including one sent to Gen. John Allen -- to the FBI.

    A senior defense official, also speaking on condition of anonymity, confirmed that Allen had received an anonymous email “some time ago” warning him to be careful around Kelley. The official, who had not seen the email but was generally familiar with its contents, said the general forwarded it to “proper authorities” within the military.

    “He did the right thing,” the official said.

    The defense official confirmed that the email also was forwarded to Kelley and her husband, Scott, but said it was not certain that Allen was the one who sent it to them. Allen did send Kelley an email referencing the anonymous note he had received, the official said.

    The source close to Kelley and several law enforcement officials tell NBC News that Broadwell used multiple anonymous accounts to send the emails to Kelley and Allen. She “covered her tracks” by sending them from cybercafés, the source said.

    Slideshow: Petraeus case: Cast of characters

    ISAF via Reuters file

    Meet the people who have been pulled into the scandal that caused Gen. David Petraeus to resign.

    Launch slideshow

    Meanwhile, defense officials tell NBC News that while there is no evidence that Allen and Jill Kelley engaged in an extramarital affair, there was enough “inappropriate” language in emails they exchanged to warrant an investigation by the Pentagon’s inspector general.

    According to one official, who like the others spoke on condition of anonymity, a small number of emails contained language that could be considered “inappropriate” or even “suggestive.” 

    But even without those, an investigation of the email correspondence between Allen and Kelley was inevitable given the circumstances, the officials said.

    “We had no idea what was going on,” one said. “The last thing we want is to be accused of a cover-up,” regarding the Allen emails. 

    Courtney Kube and Mike Brunker of NBC News contributed to this report.

    More from Open Channel:


     

  • As FBI investigated Petraeus, he and Allen waded ino nasty child custody fight
  • From suburb to basket case: How California city traveled the road to ruin
  • Infidelity, intrique and politics: a timeline of the David Petraeus case
  • Emails on 'comings and goings' of Petraeus, other officials alarmed FBI
  • Petraeus probe began as cyber-harassment case, ended 4 days before election
  • Lost to history: Missing war records block benefits for Iraq, Afghan vets
  • See which industries funneled the most money into presidential race
  • Pulpit politics: Pastors endorse candidates, thumb noses at IRS
  • Election's enigmatic biggest corporate donor has contributed $5.3 million
  •  

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    73 comments

    Sounds to me like Broadwell was jealous of Kelley and was a cyberbully. I am disheartened the boys they were fighting over actually took time to play along in their game.

    Show more
    Explore related topics: fbi, military, email, featured, petraeus, john-allen, broadwell, jill-kelley
  • 11
    Nov
    2012
    1:25pm, EST

    Lost to history: Missing war records block benefits for Iraq, Afghanistan vets

    By Peter Sleeth, Special to ProPublica, and Hal Bernton, The Seattle Times

    A strange thing happened when Christopher DeLara filed for disability benefits after his tour in Iraq: The U.S. Army said it had no records showing he had ever been overseas.

    DeLara had searing memories of his combat experiences. A friend bled to death before his eyes. He saw an insurgent shoot his commander in the head. And, most hauntingly, he recalled firing at an Iraqi boy who had attacked his convoy.

    The Army said it could find no field records documenting any of these incidents.


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    DeLara appealed, fighting for five years before a judge accepted the testimony of an officer in his unit. By then he had divorced, was briefly homeless and had sought solace in drugs and alcohol.

    DeLara's case is part of a much larger problem that has plagued the U.S. military since the 1990 Gulf War: a failure to create and maintain the types of field records that have documented American conflicts since the Revolutionary War.

    A joint investigation by ProPublica and The Seattle Times has found that the recordkeeping breakdown was especially acute in the early years of the Iraq war, when insurgents deployed improvised bombs with devastating effects on U.S. soldiers. The military has also lost or destroyed records from Afghanistan, according to officials and previously undisclosed documents.


    The loss of field records — after-action write-ups, intelligence reports and other day-to-day accounts from the war zones — has far-reaching implications. It has complicated efforts by soldiers like DeLara to claim benefits. And it makes it harder for military strategists to learn the lessons from Iraq and Afghanistan, two of the nation's most protracted wars.

    Military officers and historians say field records provide the granular details that, when woven together, tell larger stories hidden from participants in the day-to-day confusion of combat.

    The Army says it has taken steps to improve handling of records — including better training and more emphasis from top commanders. But officials familiar with the problem said the missing material may never be retrieved.

    "I can't even start to describe the dimensions of the problem," said Conrad C. Crane, director of the U.S. Army's Military History Institute. "I fear we're never really going to know clearly what happened in Iraq and Afghanistan because we don't have the records."

    The Army, with its dominant presence in both theaters, has the biggest deficiencies. But the U.S. Central Command in Iraq (Centcom), which had overall authority, also lost records, according to reports and other documents obtained by ProPublica under the Freedom of Information Act.

    In Baghdad, Centcom and the Army disagreed about which was responsible for keeping records. There was confusion about whether classified field records could be transported back to the units' headquarters in the United States. As a result, some units were instructed to erase computer hard drives when they rotated home, destroying the records that had been stored on them.

    Through 2008, dozens of Army units deployed in Iraq and Afghanistan either had no field records or lacked sufficient reports for a unit history, according to Army summaries obtained by ProPublica. DeLara's outfit, the 1st Cavalry Division, was among the units lacking adequate records during his 2004 to 2005 deployment.

    Recordkeeping was so poor in Afghanistan from 2004 to 2007 that "very few Operation ENDURING FREEDOM records were saved anywhere, either for historians' use, or for the services' documentary needs for unit heritage, or for the increasing challenge with documenting Post Traumatic Stress Disorder (PTSD)," according to an Army report from 2009.

    Entire brigades deployed from 2003 to 2008 could not produce any field records, documents from the U.S. Army Center of Military History show.

    The Pentagon was put on notice as early as 2005 that Army units weren't turning in records for storage to a central computer system created after a similar recordkeeping debacle in the 1990-91 Gulf War.

    In that war, a lack of field records forced the Army to spend years and millions of dollars to reconstruct the locations of troops who may have been exposed to toxic plumes that were among the suspected causes of Gulf War Syndrome.

    At the outset of the Iraq war, military commanders tried to avoid repeating that mistake, ordering units to preserve all historical records.

    But the Army botched the job. Despite new guidelines issued in 2008 to safeguard records, some units still purged them. The next summer, the Washington National Guard's 81st Brigade Combat Team in Iraq was ordered to erase hard drives before leaving them for replacement troops to use, said a Guard spokesman, Capt. Keith Kosik.

    Historians had complained about lax recordkeeping for years with little result.

    "We were just on our knees begging for the Army to do something about it," said Dr. Reina Pennington, a Professor at Norwich University in Vermont who chaired the Army's Historical Advisory Committee. "It's the kind of thing that everyone nods about and agrees it's a problem but doesn't do anything about."

    Critical reports from Pennington's committee went up to three different secretaries of the Army, including John McHugh, the current secretary. McHugh's office did not respond to interview requests. His predecessor, Peter Geren, said he was never told about the extent of the problem.

    "I'm disappointed I didn't know about it," Geren said.

    In an initial response to questions from ProPublica and the Times, the Army did not acknowledge that any field reports had been lost or destroyed. In a subsequent email, Maj. Christopher Kasker, an Army spokesman, said, "The matter of records management is of great concern to the Army; it is an issue we have acknowledged and are working to correct and improve."

    Missing field records aren't necessarily an obstacle for benefit claims. The Department of Veterans Affairs also looks for medical and personnel records, which can be enough. The VA has also relaxed rules for proving post-traumatic stress to reduce the need for the detailed documentation of field reports.

    But even the VA concedes that unit records are helpful. And assembling a disability case from witness statements can take much more time, said Gen. Peter Chiarelli, the retired Army vice chief of staff who worked to combat suicides and improve treatment of soldiers with PTSD and brain injuries.

    "You would always love to have that operational record available to document an explosion, but there are other ways," Chiarelli said. "You can provide witness statements from others who were in that explosion. But it's going to be more difficult."

    After reviewing findings of the ProPublica-Times investigation, Sen. Patty Murray, D-Wash., who chairs the Senate Committee on Veterans' Affairs, asked Defense Secretary Leon Panetta to report on efforts to find and collect field records.

    "Iraq and Afghanistan veterans who are unable to document the location and functions of their military units could face the same type of problems experienced by Cold War veterans exposed to radiation, Vietnam era veterans exposed to herbicides and Gulf War veterans exposed to various environmental hazards," Murray said in a statement.

    Already, thousands of veterans have reported respiratory problems and other health effects after exposure to toxic fumes from huge burn pits that were commonly used to dispose of garbage in Iraq and Afghanistan.

    DeLara remains embittered about the five years he spent waiting for his disability claim. In an interview at his home in Tennessee, he pointed to Army discharge papers showing he'd received the Global War on Terrorism Expeditionary Medal, awarded for service in Iraq and Afghanistan.

    Next to that were blank spaces where his deployment dates should have been.

    "If they'd had the records in the first place, and all the after-action reports," DeLara said, "this never would have stretched on as long as it did."

    A desperate search for records
    The Army is required to produce records of its actions in war. Today, most units keep them on computers, and a 4,000-soldier brigade can churn out impressive volumes — roughly 500 gigabytes in a yearlong tour, or the digital equivalent of 445 books, each 200 pages long.

    Field records include reports about fighting, casualties, intelligence activities, prisoners, battle damage and more, complete with pictures and maps. They do not include personnel or medical records, which are kept separately, or "sigact" reports — short daily dispatches on significant activities, some of which were provided to news organizations by WikiLeaks in 2010.

    By mid-2007, amid alarms from historians that combat units weren't turning in records after their deployments, the Army launched an effort to collect and inventory what it could find.

    Army historians were dispatched on a base-by-base search worldwide. A summary of their findings shows that at least 15 brigades serving in the Iraq war at various times from 2003 to 2008 had no records on hand. The same was true for at least five brigades deployed to Afghanistan.

    Records were so scarce for another 62 units that served in Iraq and 10 in Afghanistan that they were written up as "some records, but not enough to write an adequate Army history." This group included most of the units deployed during the first four years of the Afghanistan war.

    The outreach effort by the Army was highly unusual. "We were sending people to where they were being demobilized," said Robert J. Dalessandro, executive director at the Army's Center of Military History. "We even said ... 'Look we'll come to you' — that's how desperate we got."

    As word of missing records circulated, the Joint Chiefs of Staff became worried enough to order a top-level delegation of records managers from each service branch to Baghdad in April 2010 for an inspection that included recordkeeping by U.S. Central Command.

    Centcom coordinated action among service branches in the theater. Among other things, Centcom's records included Pentagon orders, joint-service actions, fratricide investigations and intelligence reviews, with some records from Army units occasionally captured in the mix.

    After five days, the team concluded that the "volume, location, size and format of USF-1 records was unknown," referring to the acronym for combined Iraq forces. The team's report to the chiefs cited "large gaps in records collections ... the failure to capture significant operational and historical" materials and a "poorly managed" effort to preserve records that were on hand.

    In a separate, more detailed memo, two of the team's members from the National Archives and Records Administration went further.

    "With the exception of the Army Corps of Engineers, none of the offices visited have responsibly managed their records," they wrote. "Staff reported knowledge of only the recently created and filed records and knew little of the records created prior to their deployments, including email. ... It is unclear the extent to which records exist prior to 2006."

    Part of the problem was disagreement and lack of coordination about who was responsible for certain records, including investigations into casualties and accidents, according to Michael Carlson, one of the two archivists.

    "The Army would say it's Centcom's responsibility to capture after-action reports because it's a Centcom-led operation. Centcom would say it's an Army responsibility because they created their own records," Carlson said in an interview. "So there's finger-pointing ... and thus records are lost."

    Nearly a year after the U.S. pullout from Iraq, Centcom said it still is trying to index 47 terabytes of records for storage, or some 54 million pages of documents. It's not clear if those include anything recovered after a 2008 computer crash the Baghdad team termed "catastrophic."

    Lt. Col. Donald Walker, an Air Force officer who took over as Centcom records manager in 2009, acknowledged that there was confusion about responsibility and confirmed that that some Centcom records may have been lost. In part, he blamed computer problems and the competing demands of wartime.

    "Something just had to fall off the plate, there was so much going on," said Walker, who worked out of Centcom's Tampa, Fla., headquarters but was among the Baghdad inspectors.

    Rather than risk letting classified information fall into the wrong hands, some commanders appeared to buck the orders to preserve records. One Army presentation asserts that in 2005, V Corps, which oversaw all Army units then in Iraq, ordered units to wipe hard drives clean or physically destroy them before redeploying to the States.

    "They did not maintain the electronic files. They just purged the servers," according to the Military History Institute's Crane, who said he heard similar accounts from more than a dozen veteran officers in classes at the Army War College.

    The orders directing Washington National Guard's 81st Brigade to erase hard drives before leaving Iraq came "from on high," according to unit spokesman Kosik, who said he confirmed the erasures with a senior Guard officer with first-hand knowledge. He said the orders came from outside the Washington Guard.

    "There was a lot of confidential information, and they were not allowed to take it out of theater," said Kosik. "All that was wiped clean before they came home. ... It was part of their 'to-do' list before leaving country."

    Steven A. Raho III, the Army's top records manager, said in an interview that he couldn't estimate what, if any, records might be missing. But Raho said his agency wasn't responsible for collecting records, only for storing them in the Army's central records system when individual units handed them over.

    Units are not required to do so, he emphasized. "All's I know is we have some and units have some," Raho said.

    As a test, ProPublica filed Freedom of Information Act (FOIA) requests for a month's worth of field records from four units deployed in Iraq in 2003 and 2004. The requests went to Raho's Records Management and Declassification Agency, which forwarded them to each unit.

    One brigade — the 2nd Combat Brigade of the 82nd Airborne Division — did not respond, but FOIA officers from the three others said they searched and could find no responsive records.

    "I don't know where any Iraq operational records are," said Daniel C. Smith, a privacy act officer at Fort Carson, Colo., who handled the request for the 2nd Brigade of the 2nd Infantry Division. "I've never been able to find out where they went."

    At Fort Riley, Kan., FOIA officer Tuanna Jeffery looked for records from the 1st Battalion, 41st Infantry Regiment, 1st Armored Division. "Prior to and upon the inactivation of the unit on March 15, 2008, that unit had turned in absolutely no records," she responded.

    In a follow-up email, Jeffery said the entire 1st Armored Division did not turn in any field records through 2008.

    'They couldn't find it'
    Chris DeLara is not the type of soldier to wear his heart on his sleeve, but the 1st Cavalry Division's shoulder patch is tattooed on his right forearm in a swirling piece of body art. Beneath it are the words: "Baghdad, Iraq."

    DeLara, 38, grew up in Albany, N.Y., never dreaming he might someday fight a war. Now, his tour in 2004 and 2005 haunts his every day. Since winning his appeal in March 2011, he is classified as fully disabled by post-traumatic stress and cannot work. He was awarded a stipend of about $30,000 a year and has moved near Knoxville, Tenn., where he recently bought a modest house.

    Getting to a stable point wasn't easy.

    DeLara was an administrative specialist, essentially a personnel clerk. But he was repeatedly pulled out of his scrivener's life for missions as a roof gunner on convoys. It was a time of insurgency and exploding factional violence in Baghdad.

    "They told us, 'This may be your job, but guess what? You're going to be doing everything,'" he said. "We had many hats. You go to combat, your job is secondary. Combat is first."

    DeLara did not want to discuss his combat experiences, but they are described in part by a judge in the Board of Veterans' Appeals ruling that approved his PTSD claim.

    In the years after his deployment, DeLara told psychiatrists and others who treated him at various times that two of his friends were killed in an insurgent attack on his convoy, and that he was unable to stop one of them from bleeding to death from a ruptured artery.

    He said that one his commanders was shot in the head in front of him by insurgents, and reported that he had killed an Iraqi youth who had tried to attack his convoy after it was stopped because of a roadside bomb, according to the judge's summary.

    After his return in 2005, DeLara was diagnosed several times with PTSD or its symptoms, according to VA exam records cited by the appeals judge. He drank and used drugs even though he'd abstained from them in the Army. In 2006, he overdosed on prescription drugs.

    DeLara said he lived for a time in a shelter for troubled vets. He and his wife eventually divorced, but he credits her for helping him fight for his claim when he might have given up.

    They first applied for a PTSD benefit in 2006, DeLara said. A denial came the next year because his separation document, called a DD-214, did not list any dates of overseas deployment, he said.

    "They couldn't find it. Well my ex-wife, she being as persistent as she is, we started pulling all the stuff" to send to the VA, he said. DeLara dug out the movement order sending his unit to Iraq and the brigade roster with his name on it. He added descriptions of his combat experiences. "Basically what it was, I needed to provide proof," he said.

    But he was denied again, this time because the VA said his symptoms were of bipolar disorder, not PTSD. DeLara said he appealed but got a letter saying there was insufficient evidence that he'd experienced combat stress. The VA told him that it had "no records, none whatsoever" of his time in combat, DeLara said.

    "We basically put the whole packet together from scratch again," DeLara said. This time, he tracked down his former company commander, who was incensed about the VA denials and provided a letter confirming an incident in which DeLara came under enemy fire. Still, two years went by before DeLara received word that his appeal was set for a hearing in January 2011.

    Although the judge found in his favor, the ruling notes that, in June 2008, the center responsible for locating his records "made a formal finding of a lack of information to corroborate a stressor for service connection for PTSD." The center even looked a second time but still came up empty-handed.

    DeLara said he still can't believe it. "I had dates and everything" in the supporting material he and his ex-wife sent to the VA, he said. "The simple fact is that nobody filled out after-action reports," DeLara said. "There was no record of it."

    Asked how often a search for unit records comes up empty, officials at the VA said they didn't know — the agency doesn't track that statistic. A VA spokesperson said missing field records are not a major factor delaying veterans' claims, however. And some veterans' advocates agree.

    "As long as an officer or a buddy who witnessed the event is willing to sign a notarized statement, that's good," said John Waterbrook, who advises vets on disability issues in Walla Walla, Wash.

    In 2009, as DeLara was refiling his case, veterans' groups complained to Congress that soldiers serving as clerks or mechanics unfairly faced a higher burden of proof for PTSD than those with an obvious combat role, even though they faced the same dangers in wars with no front lines.

    The VA relaxed its rules the next year, so that a vet's account of combat stress is proof enough if a VA medical examiner agrees. But while the change helps, it hasn't sped up claims or made field records less valuable, said Richard Dumancas, the American Legion's deputy director of claims.

    Field records can come into play for other injuries. Take the case of Chief Warrant Officer 3 Lorenzo Campbell, a 53-year-old soldier with the Washington Guard who filed a disability claim resulting from a 2004 injury in Iraq.

    During a rocket attack, Campbell banged his knee on a concrete bumper after jumping out of a Humvee to find cover. He saw a doctor, but there was no record in his medical files. His knee gradually deteriorated, and he now wears a brace and is unable to run.

    Campbell said he tried to get records of the rocket attack from the state Guard but was told they were classified and left on computers in Iraq. He said he offered a letter from another soldier testifying to the incident and swore out a statement himself, but it didn't suffice.

    "I tried to keep fighting it," he said. "They kept writing me saying they need more information, they need more information."

    Campbell said his disability claim took four years to be approved — a delay that could have been shortened had the records been available. "If you have no records," he said, "you can be fighting for five or six years and still not prevail."

    Tradition eroded, warnings brushed aside
    Military recordkeeping has been the cornerstone of the nation's war history for centuries. From the founding of the republic through the Vietnam War, recordkeeping was a disciplined part of military life, one that ensured that detailed accounts of the fighting were available to historians and veterans alike.

    The records can hold untold stories that can surface decades after a conflict.

    The massacre of civilians by U.S. forces at No Gun Ri, South Korea, in July 1950 came to full national attention only in 1999, nearly 50 years after the fact. Journalists at The Associated Press, working in part with military field records, uncovered the extent of the tragedy. Later, other reporters used the records to show that one purported witness wasn't really present.

    By the Gulf War, however, what had been a long tradition of keeping accurate, comprehensive field records had begun to erode. Old-style paper recordkeeping was giving way to computers. And Army clerks had been reduced in number, leaving officers to take care of records work.

    According to the Army's "Commander's Guide to Operational Records and Data Collection," published in 2009, the problem became evident months after the end of Desert Storm, when vets began reporting fatigue, skin disease, weight loss and other unexplained health conditions.

    "When the Army began investigating this rash of symptoms, its first thought was to try and establish a pattern of those affected: What units were they in? Where were they located? What operations were they engaged in?" the guide says. "The answers provided by investigators were: 'We don't know. We didn't keep our records.'"

    Afterward, the Army created Raho's records agency and a central records system. As the war on terror began, however, inspections and penalties for recordkeeping at the command level had largely fallen by the wayside, according to Army documents and interviews with officers who helped search for Gulf War records.

    Robert Wright, a retired Army historian, said training broke down. "They fight as they train, and they never were trained," he said.

    On March 28, 2003, then-Deputy Secretary of Defense Paul Wolfowitz ordered retention of all records in the Iraq war. Military records, he wrote, "are of enduring significance for U.S. and world history and have been indispensable for rendering complete, accurate and objective accountings of the government's activities to the American people."

    But in the combat zones, there were other priorities.

    Kelly Howard served as operations officer to Army Gen. George W. Casey Jr., who was in charge of the Iraq war from 2004 to 2007. Her primary job was archiving Casey's papers, a task that had been ignored until her arrival in 2006. Casey stored them in a foot locker, among other places.

    "The reason so many things got lost ... is because so many people at higher levels weren't requiring it," Howard said, referring to systematic recordkeeping. "You do what your boss wants you to do. It's not that anyone said, 'No, I don't care about that.' It's just so many other things were important."

    Alarms mounted at about the same time as DeLara finished his Baghdad tour.

    In 2005, the Army's Historical Advisory Committee learned that Raho's agency had not "received any records from units deployed in Afghanistan & Iraq."

    This came as a shock. Members of the group include a mix of civilian historians and officials from the Army War College and Center of Military History.

    "So we go through the whole meeting," said Richard Davis, senior historian at the National Museum of the U.S. Army. "So I ask the records manager point blank. I said, 'How many records have been retired from overseas by U.S. Army units?' And the answer was zero.

    "By late October the records management people here in Washington had received not a single document from Afghanistan or Iraq," Davis said. "At that point all the historians looked at each other and said 'Holy @!$%#! '"

    Minutes from the committee's 2006 meeting quote Raho as saying, "Our problems are that the training for Army personnel is incomplete, the responses are uneven, and the records themselves are either incomplete or nonexistent."

    Another member suggested writing a book. "As an institutional history, I think it's a great idea," responded historian Pennington, then the committee's chairwoman. "'Losing History': It's a topic that merits visibility and study."

    The committee included regular warnings about a broken recordkeeping system in its annual reports to the secretary of the Army.

    The 2006 report to Secretary Francis J. Harvey said Raho had described "major problems" in records collection, including "the lack of centralized control of data collection, the destruction of records without evaluation, and inadequate communications between Army units and records collection personnel."

    Raho, the report said, "observed that 17 to 23 percent of all Iraq/Afghanistan War veterans will suffer from various forms of PTSD. ... Without strong and immediate action to remedy present shortcomings, the Army's ability to substantiate veteran disability claims will be degraded seriously, with potentially highly troublesome and expensive consequences."

    In its 2008 report, the committee said: "Units are losing their own history. This will create a snowball effect, resulting in problems with awards and heritage activities in the future."

    Pennington signed the report, adding a personal comment: "After six years of service on DAHAC, and now as its chair, I am frankly discouraged by the frequency with which DAHAC has expressed some of the same concerns, and how little progress has been made on some issues."

    Then-Secretary Geren's office responded with a thank-you letter under his signature. But Geren said in an interview that he was not personally informed about missing records, despite his March 31, 2009, letter. "I'm confident it was not brought to my attention."

    When McHugh, the current secretary, arrived in 2009, he received a committee report reiterating that the system was broken and pleading for resources to fix it. "This has been requested every year since 1997," the report said.

    "It's probably the most serious problem historians have ever had," Pennington said in an interview. "I honestly don't know how we're going to be writing records-based history in 20 to 30 years." Typically, field records remain classified for two to three decades after a war, then are transferred to the National Archives.

    Although committee members felt unheard, wheels had slowly begun moving in the Army. In 2007, Raho's agency and the Center of Military History launched the outreach project that discovered the historians were right: Scores of units did not have the records they should.

    Because Raho did not have enough staff, the Center of Military History provided detachments for the search. For more than two years they collected field reports, turning up about 5.5 terabytes' worth.

    Some additional records have dribbled in since: Dalessandro, the center's director, said one brigade of the 1st Armored Division handed over field records from its 2007 Iraq deployment. It's possible that more might be found from other units, but historians say the chances fade with each year.

    Burn pits: the new Agent Orange?
    The demand for the field records isn't likely to abate as members of Congress ratchet up pressure to investigate exposure to burn pits.

    Veterans' groups say the long-term health impacts could be similar to those of herbicides in Vietnam. Rep. Michael Michaud of Maine, ranking Democrat on the House Veterans' Affairs Subcommittee on Health, said missing field records "could have consequences for veterans for years to come."

    In September, the House passed the Open Burn Pit Registry Act to track veterans with symptoms and find out where they were exposed and for how long. A similar measure is pending in the Senate. The VA currently runs registries for Agent Orange and Gulf War Syndrome, and last year the Institute of Medicine said more research is needed.

    Some veterans' advocates say field records could provide critical.

    "It's going to be very hard to connect individuals without the field records," said Dan Sullivan, director of the Sgt. Thomas Sullivan Center, a nonprofit named after his brother, an Iraq vet who died from mysterious health complications.

    "It would strike me that they are very important."

    Are you a veteran who can't obtain your military field records? Tell us your story. 

    Versions of this story will be published by The Seattle Times and Stars and Stripes.

    Peter Sleeth is a veteran investigative reporter who covered the Iraq war for The Oregonian and helped the paper win a Pulitzer Prize in 2007  for breaking news. Now freelancing, his most recent piece for the Oregon Historical Quarterly is a profile of progressive-era activist Tom Burns.

    Hal Bernton has been a staff reporter for The Seattle Times since 2000. He has covered military and veterans affairs, reporting from Iraq in 2003 and from Afghanistan in 2009 and this fall. Among other things, Bernton has reported on veterans' health issues, post-traumatic stress and, recently, improvised explosive devices.

    ProPublica's Marshall Allen, Liz Day and Kirsten Berg contributed to this story.

    More from Open Channel:


     

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    72 comments

    This is just horrible for those that have been injured in the service of our country. No other words for it.

    Show more
    Explore related topics: military, veterans, documents, featured, pro-publica
  • 9
    Oct
    2012
    6:36pm, EDT

    Satellite images appear to reveal CIA's secret bin Laden training ground

    Bing.com/maps

    A Bing Maps view of the Harvey Point Defense Testing Facility.

    By Jeff Black, Staff Writer
    NBC News

    In the best-selling book “No Easy Day,” a retired Navy SEAL who was on the raid that killed Osama bin Laden revealed that training for the assault on the al-Qaida leader’s compound in Abbottabad, Pakistan, took place in North Carolina.

    Taking that information, the creators of the whistleblowing site Cryptome.org, apparently scoured satellite imagery of CIA facilities in North Carolina.

    After putting in the coordinates in Google Maps for the Harvey Point Defense Testing facility, purportedly a CIA training ground, only a clearing in a field was seen.

    On Bing Maps, however, Cryptome spotters, spied what looks like an uncompleted mockup of the bin Laden compound in Abbottabad.

    Digitalglobe / Reuters file

    This DigitalGlobe satellie image, taken June 15, 2005 and obtained on May 3, 2011, shows the compound that Osama bin Laden was killed in on Monday in Abbottabad, Pakistan.

    PhotoBlog: Pentagon unveils scale model of bin Laden compound

    Cryptome published its findings on its website on Tuesday.

    Defense Secretary Leon Panetta has said revelations in the book, written under the pseudonym Mark Owen, could put future operations in jeopardy and suggested that the writer should be punished for writing the best-seller.

    Although the Pentagon has said it had dismantled the facility, Cryptome found the imagery on a dated satellite pictures. Satellite imagery is not updated that often, sometimes not for years. 

    Slideshow: After the raid: Inside bin Laden's compound

    Farooq Naeem / AFP - Getty Images

    U.S. forces found and killed the al-Qaida leader in the affluent Pakistani town of Abbottabad, where he had been living in a large compound.

    Launch slideshow

    Cryptome is a website that uses publicly available material to reveal what would otherwise be secret.

    The site is run by John Young, a New-York based architect and political activist who was spilling confidential information even before WikiLeaks founder Julian Assange released secret government documents, according to a book review and profile of Young published on the website of Forbes magazine.

    NBC News senior investigative producer Robert Windrem contributed to this report.

    "No Easy Day," written by a former Navy SEAL who helped take down Osama bin Laden, claims the al-Qaida leader did not defend himself during the raid. The book will become available on Sept. 4, earlier than the anticipated Sept. 11 release date. NBC's Jim Miklaszewski reports.

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    322 comments

    This has nothing to do with Obama. you all are idiots. It has to do with a Navy Seal who sold out

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  • 28
    Aug
    2012
    6:03pm, EDT

    Navy sought to stifle concerns of radiation on S.F. Bay island, emails show

    Noah Berger / AFP/Getty Images

    Treasure Island in the San Francisco Bay. San Francisco officials plan to build high-rise residential developments on the former Navy base.

     

    By Matt Smith and Katharine Mieszkowski
    The Bay Citizen

    As U.S. Navy officials readied a report this summer acknowledging a broader history of radioactive contamination at Treasure Island, they also sought to prevent California health officials from adding to the written record their concerns that the cleanup had been mishandled, according to internal emails. 


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    The Navy acknowledged for the first time on Aug. 6 that the former Treasure Island Naval Station, where San Francisco plans to build a 20,000-resident high-rise community, was home to a repair and salvage operation for the Pacific fleet and that some of those ships could have been contaminated with radiation. The draft report also said that a school preparing sailors for nuclear warfare might have left behind radioactive residue. 

    The study came in response to regulators with the California Department of Public Health, who since 2010 have pressed for details after cleanup workers found radioactive waste in unexpected locations. 


    Internal emails show that health officials asked the military as recently as mid-May to step up radiation testing efforts. Military officials, meanwhile, pressed for health regulators not to present their concerns in writing. 

    On May 10, Anthony Konzen, a Navy manager of the Treasure Island cleanup, wrote in an email that he did not believe that California public health officials had the authority to regulate the cleanup of radioactive materials. 

    “I don’t believe comments will be needed,” he wrote. 

    The California Code of Regulations gives the health department the authority to certify whether radiation levels in a vacated facility are safe for human contact. Navy officials, however, emphasize the primacy of federal Superfund cleanup law, implemented by state toxics officials. A health department spokesman explained in an email that the agency provides radiation expertise to cleanup officials and it enforces California laws designed to protect the public from harmful effects from radiation.  

    On May 15, Navy cleanup manager David Clark exchanged emails with a state toxics official saying it would be better if health officials only expressed their concerns verbally during meetings. 

    “It would be nice to avoid another letter if we can answer the questions now,” Clark wrote. 

    On May 17, James Sullivan, the Navy’s environmental coordinator also expressed a wish not to see public health regulators’ written memos. 

    “If you receive the memo, don’t send it to us,” Sullivan wrote to a state toxics official. “If after your review, DTSC  (Department of Toxic Substances Control) is not satisfied with the content, and/or if it is not clearly written and to the point, I would recommend sending it back to CDPH for revision. That way, the Navy does not receive any memo from CDPH that DTSC has not endorsed.” He followed up to say his Navy superiors agreed. 

    Nonetheless, four hours later senior health department physicist Larry Morgan produced a memo criticizing the Navy’s handling of the cleanup. 

    “There have been several (high-radiation) shipments and about a thousand intermodal (containers) of radium waste shipped from Treasure Island,” he wrote, adding that previous Navy explanations for the radioactive waste on the island were insufficient. 

    The Navy took 1,500 soil samples throughout Treasure Island testing for chemical waste, yet failed to examine them for radioactivity, despite the possibility they were contaminated, Morgan wrote. 

    “This is not an acceptable” radioactive cleanup, he wrote. 

    The memo included an attached 2011 message saying the Navy had failed to respond to requests for documentation of its work, and that it had been ordered to halt operations because workers had been improperly transporting radioactive waste. Unless the Navy followed health department orders, the city of San Francisco would be saddled with decontaminating the island itself, the attached message said. 

    Morgan followed up with a June 6 memo urging the Navy to broaden its search for potential radioactive contamination and conduct long-term testing for the possible presence of elements such as cesium-137, a carcinogen used in industrial instruments, and which is also a byproduct of nuclear explosions. 

    By writing the memos, Morgan’s concerns are part of the public record. 

    In its Aug. 6 report, the Navy responded that cesium-137 was not a problem because devices containing the element had been handled properly over the years. Some Pacific fleet ships were exposed to Cold War atomic blast tests. But Navy officials said at an Aug. 21 community meeting that only decontaminated ships were berthed at Treasure Island. 

    About 20 island residents attended the meeting, alarmed by the recent disclosures after learning of them through coverage by The Bay Citizen, sister site of California Watch.  Many complained the Navy had not fully informed them about potential radioactivity near their homes. One resident questioned asked why the California Department of Public Health was not represented at the meeting. 

    In an interview, Sullivan said that his May 17 message sought to make sure he only received opinions from the proper agency. In his view, that’s not the Department of Public Health. 

    “It’s really (the Department of Toxic Substances Control) that is the representative of the state,” he said. “From our viewpoint, we are looking to DTSC to provide us the input.” 

    In a conference call interview, three state toxics officials said they disagreed with health department physicists who have claimed since 2010 that the Navy botched its radiation cleanup. Treasure Island is safe for human habitation, they said. 

    However, Saul Bloom, head of the base-cleanup watchdog Arc Ecology, said the Navy’s base cleanup program has a history of seeking the most lenient regulator. 

    “The Department of Toxic Substances Control sees its role as helping move properties off the Navy’s books,” Bloom said. “The Department of Public Health sees its role as protecting public health.” 

    Navy cleanup spokeswoman Melanie Ault wrote on Monday that, “The emails and memorandums cited should not be taken to imply that the Navy is working outside the regulatory process for environmental cleanup actions at Treasure Island.” 

    Instead, she said, the Navy expects the state of California to “speak with one voice through DTSC.” 

    Bloom, along with former San Francisco Board of Supervisors President Aaron Peskin, has sued the Navy for allegedly conducting an inadequate Treasure Island environmental review. 

    “The top Navy cleanup officials are not merely burying their head in the sand,” Peskin said after reviewing the Navy messages. “They’re writing emails that say they don’t want to know the truth about radioactive waste.”

    The Bay Citizen is a nonprofit, nonpartisan, member-supported news organization covering the San Francisco Bay Area.

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    56 comments

    the Navy is not caught in the middle, they're on top of the food chain and have now been caught with their pants down. just ask any cancer survivor from Camp Lejeune in NC about the Navy (the USMC is a dept of the Navy).

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  • 23
    Aug
    2012
    3:48pm, EDT

    Ex-Navy SEAL faces legal jeopardy for writing about bin Laden raid

    A senior military official tells NBC News the special operations community feels betrayed by the former SEAL who published a book about the raid that killed Osama bin Laden. NBC's Jim Miklaszewski reports.

    By Pete Williams
    NBC News

    What legal consequences could a former U.S. Navy SEAL face for writing a book about the still-classified 2011 raid that killed Osama bin Laden?  

    Legal experts say the author could face trouble on two fronts -- a civil lawsuit for not seeking a military review before the book was published and possible criminal prosecution for revealing classified information.


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    But a former Justice Department national security lawyer, Pat Rowan, said the government might be reluctant to prosecute a man who helped kill America's No. 1 terrorist enemy, unless the book reveals highly valuable and sensitive intelligence secrets.


     "What's more, if the government did decide to prosecute, the author's lawyer would be entitled to dig into the information that was disclosed by the White House and other officials, in both sanctioned and unsanctioned leaks," Rowan said.

    Rowan was referring to the fact that President Barack Obama and other administration officials have been accused by Republicans of leaking details of the bin Laden raid for political gain. 

    Dutton, a subsidiary of Penguin Group USA, announced on Wednesday that the book, titled "No Easy Day: The Firsthand Account of the Mission That Killed Osama bin Laden," would go on sale on Sept. 11. The author, who will be identified only by a pseudonym, “was one of the first men through the door on the third floor of the terrorist leader’s hideout and was present at his death,” it said in a statement.

    A similar case arose in the 1970s, when a former CIA officer named Frank Snepp published a book about his activities in Vietnam.

    NBC's Brian Williams spoke with President Barack Obama about how it felt to look at the image of Osama bin Laden's dead body, and what it was like to place a call to George W. Bush after the terrorist was killed. He also speaks with Michael Leiter, Former Director of the National Counterterrorism Center, who was in the Situation Room with the President and the national security team during the bin Laden raid. Although al-Qaida still exists, Leiter says there's no doubt the U.S. is much safer.

    The U.S. government sued on the grounds that he did not seek pre-publication review -- as he was obligated to do under an agreement he signed as a condition of employment -- and lower courts agreed to a demand that all the profits from the book be turned over to the government. By a vote of 6-3, the U.S. Supreme Court agreed, even though the government never claimed the book revealed classified information.

    "When a former agent relies on his own judgment about what information is detrimental, he may reveal information that the CIA -- with its broader understanding of what may expose classified information and confidential sources -- could have identified as harmful," the court said.

    The participants pictured in the famous photo of the White House Situation Room taken during the raid on Osama bin Laden's compound speak with NBC's Brian Williams.

    These days, said former Homeland Security official Stewart Baker, most government non-disclosure agreements say that if pre-publication review isn't sought, the profits must be forfeited. Legal experts doubt, however, that the government could stop publication of the book.

    The author could also be charged with violating federal laws that make it a crime for government employees to reveal classified information.  Anyone given a security clearance is bound for life by its non-disclosure terms, so the fact that the former SEAL is no longer in the military would not free him from the obligation to keep government secrets to himself.

    A DOJ official who spoke with NBC News on condition of anonymity on Thursday said he knew of no legal action against the former SEAL. That process would most likely start with a request from the Defense Department and, so far as the official knew, none had been made. DOD would have to verify that the book revealed government secrets before making such a request, the official said.

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    1266 comments

    ... I had no idea that Julian Assange was a Navy Seal. ...

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  • 10
    Aug
    2012
    5:23am, EDT

    Calif. sues major veterans charity for millions, alleges fraud and self-dealing

    By NBC News wire services

    California's attorney general sued a major veterans charity on Thursday, accusing the officers and directors of engaging in self-dealing and fraudulent fundraising, and paying excessive compensation.

    The suit seeks to remove the officers and recover $4.3 million that it claims was improperly diverted from Help Hospitalized Veterans. The charity in Winchester, Calif., was founded in 1971 to provide therapeutic arts and craft activities for patients receiving care in Veterans Affairs hospitals, military hospitals and state veterans homes, according to its website.


    "What makes this case so egregious is our military servicemen and women are willing to sacrifice their lives for our country and for us as Americans, and when they are in need of help and support we should give it to them and not manipulate charitable people and then personally profit from them," state Attorney General Kamala D. Harris told The Associated Press.

    The charity raised more than $108 million in contributions over the last three years, it said in tax filings and on its website, with 33.8 percent going toward its programs. The suit alleges that it filed "false and misleading" tax returns that inflated program expenses and reduced its actual fundraising costs to "less than 30 percent."

    Afghan suicide bomber kills senior Army leader, 2 majors


    Follow @NBCNewsUS

    Based on its reported fundraising, Help Hospitalized Veterans ranks among the top 1 percent of charities in the United States. The group once was endorsed by retired Gen. Tommy Franks, who later distanced himself from the charity.

    At the same time, it has ranked for more than a decade at the bottom of lists by watchdog groups that rate nonprofit organizations based on their financial management and abilities to use most of their donations toward their causes. CharityWatch says about 35 percent of Help Hospitalized Veterans' funds go toward programs to aid veterans. The recommended standard is about 65 percent.

    On a mission: Jogging across the US in name of veterans

    The California lawsuit said the charity's president, Michael Lynch, received excessive compensation of $900,000.

    The complaint said that former president Roger Chapin, who during a 2008 U.S. congressional hearing about his management of the charity called himself the "the most honest person in this room," retired the following year with a nearly $2 million pension plan. The suit alleges that the group's board members retroactively spiked Chapin's earnings to justify the inflated amount for his retirement.

    Social impact investing catches on in the US

    Chapin is also accused of diverting the charity's funds through a separate charity called Conquer Cancer and Alzheimer's Now.

    Chapin was accused of paying himself more than $493,000 from the cancer charity. That charity received the money from American Target Advertising, a fund-raising firm run by conservative political fundraiser Richard Viguerie, who is not named in the suit.

    More charity news in NBCNews.com's Giving section

    'It's surprising it's taken this long'
    Viguerie, who is identified in the suit as Chapin's long-time friend, is said to have deposited funds into the account of Conquer Cancer and Alzheimer's Now from $800,000 that Help Hospitalized Veterans had lent ATA and was not repaid.

    "It's surprising it's taken this long for something to happen with all the serious problems that were brought up in the (2008 congressional) hearing," said Daniel Borochoff of CharityWatch, which monitors the financial records of nonprofit groups. "What's more, this information did not filter down to donors."

    But he added: "Mr. Chapin spun a complex web to confuse well-intentioned donors and make it difficult for regulators to untangle."

    Afghan officials: 3 US special forces troops slain

    Calls to Help Hospitalized Veterans and Lynch's office were not returned. Viguerie did not immediately respond to phone and email messages seeking comment. Reuters was unable to contact Chapin on Thursday evening.

    Borochoff said the complaint sends a strong message to unscrupulous charities.

    "It's about $2 billion that is raised on behalf of veterans charity, and unfortunately a lot of that's being wasted and not being used to help our veterans," Borochoff said. "It's really ludicrous what's going on. It's out of control, there's such great waste. It's a national disgrace that people are allowed to exploit veterans for their own personal financial benefit, or benefit of their company."

    More Southern California coverage from NBCLosAngeles.com

    According to Charity Navigator, a third of the 50 military veterans charities it evaluates rate poorly and 20 percent either got a zero for their financial management or a "donor advisory" tag, which indicates the organizations are being investigated by authorities.

    That compares to 2 percent for other kinds of charities, said Ken Berger, the president of the Washington-based group that evaluates 5,500 charities.

    Reuters and The Associated Press contributed to this report.

     

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    335 comments

    Nothing like a "good cause" to make a few people rich. Even as a veteran myself, I will not be shamed into giving to these types organizations. When I am ready to donate to a good cause, I'll cut the middle man and give it to those that need it.

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    Explore related topics: cancer, charity, military, california, veterans, alzheimers, featured, help-hospitalized-veterans
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