Via Josh Marshall, I linked to Fox. This sounds somewhat like the treatment that Wen Ho received courtesy of the NYT a couple of years ago. I wonder if AG Ashcroft can, under the Patriot Act, invade the computers of all in the military to learn whether evidence of adultery and/or pornography can be discovered? Where is George Orwell when we really need him?

Shag from Brookline

If I have this story right, Jo, you've missed the salient point.

The espionage- and terrorism-related charges have been dropped.

That's worth repeating. They've been dropped.

There was no substance to them, and even the Army has finally realized this.

The new charges are apparently simply a case of finding *something* to charge him with rather than engaging in a furious but surreptitious session of wiping egg off the face.

Kudos to his lawyer, BTW, whoever it was, for moving the Army back onto the path of reality. Next step: trashing these ridiculous charges, and then the hard task comes. The Army will never cooperate in restoring this officer's good reputation.

So, can I assume that the Gitmo Chamber of Commerce won't be linking you?? ;0)

Actually Lurch, I had seen both things, that the other charges had been dropped and another story that they hadn't. Figured I'd wait to know for sure. If they are dropped, the rest is all face-saving bullshit by the Pentagram/1600 Crew.

I wonder if AG Ashcroft can, under the Patriot Act, invade the computers of all in the military to learn whether evidence of adultery and/or pornography can be discovered?

He didn't need the Patriot Act to do that. It's well-established case law that an employer can check out anything on its office computers. Strictly speaking, JAG would have to do the searching, but I doubt they'd have much of a problem doing what Ashcroft tells them to do.

Thlayli,

Assuming you are correct, here we have an employer who can punish criminally under its rules. Most employers would have to go to the authorities to bring criminal actions, and most employees would have the benefit of the Bill of Rights, unless the Patriot Act would serve to deny such.

Why would JAG have to do the searching? Would JAG be compromised in its roles of prosecutor, defender, judge?

In any event, the military employee seems to be at greater risk than the non-military regarding computer searches.

Shag from Brookline

Another CYA operation. They have nothing, so let's throw up a cloud of dust hoping for a resignation to solve the problem.

The risk to military is that they can't sue their employer when people mess up and file false charges.

All I've be able to glean from the GITMO charges is that at least three people have been willfully attempting to treat prisoners as human beings.

The fact that prisoners are being released after months of imprisonment without any charges being filed indicates that there was a very defective process.

Why would JAG have to do the searching? Would JAG be compromised in its roles of prosecutor, defender, judge?

s/JAG/CID.

Sorry about that. The point is the military needs to do the actual investigating to get around the need for a search warrant, etc.

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