02-07-2017, 06:36 PM | #11 | |||||
Join Date: Mar 2006
Location: Iceland*
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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After the sentence is up, dishonourable discharge will generally kick in, yes. Quote:
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And given that the PCs are being sent for specifically because an operation where the DOD took the lead fell apart, apparently due to security breaches, the DHS has a pretty big stick to beat their counterparts in the DOD with for the moment. Having a US Army Special Forces detachment go AWOL in Mexico is pretty embarrassing for the military, after all, especially as it seems to have been a direct act of mutiny led by a full-bird Colonel. *The DOD has sent personnel to the joint task force responsible for dealing with the fall-out of Project Jade Serenity and may thus be considered to have a pretty good idea of what is going on, but the people who are acting as handlers to the PCs seem to distrust the US Army and the Department of Defense in an almost pathological fashion. Quote:
Most of the wings of our fictional Manhanock Asylum for the Criminally Insane are empty, but there are still a few inmates being treated there. Sadly, a case might be made that effective treatment is secondary to considerations of isolating individuals with severe mental disorders who formerly had Top Secret or even Top Secret - SCI clearance. Manhanock was co-located with a military facility, including some biological research laboratories, observation towers, bunkers and a Coast Guard dock and refueling post, from WWII. The research labs were mothballed around 2000 and the facility remained inactive DOD property until the creation of the Department of Homeland Security some three years later, at which time the abandoned facility was transfered to the DHS along with other Coast Guard facilities. From what Dr. Michael Anderson (PC) knows, it seems that when the MK-Ultra experiments became public in 1977, the DOD tightened security around their own similar experiments, but did not entirely abandon programs designed to develop nootropic drugs yielding various cognative and sensory enhancements. Manhanock was the center for such research from 1978-1998. Pvt. Sherilyn Bell, while catatonic at the time which her trial was set and apparently quite insane even now, 17 years later, possesses knowledge of the TS-SCI Project Jade Serenity, drug trials on highly motivated and physically healthy US Army volunteers under realistic military training conditions, which grew out of the programs in Manhanock. This knowledge unfortunately includes knowledge of criminal acts committed by her superiors, only some of whom have been punished administratively and none of whom have been indicted. Even if most of them have resigned their commissions, disappeared into obscurity and/or apparently left the country, disclosure of some of what Pvt. Bell knows to anyone who would be considered a credible source by the media would be extremely embarrassing. Quote:
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02-07-2017, 07:14 PM | #12 | |||||
Join Date: Mar 2006
Location: Iceland*
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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The main thrust of their argument seemed to be that they required Inmate Taylor to speak, in person, to some of his former associates, who could not be brought to Kansas. *"Director of what?" "Office of the Inspector General, Strategic Analysis Group." "What's that?" "We do analysis of long-term trends in procurement, enforcement strategies, training, standards and practices." "What has that got to do with a national security investigation?" "You have been fully briefed by your superiors, up to the limits of your security clearance." Quote:
I get that they can demand to retain custody and probably get that to stick, but custody doesn't imply permission to be present during all interviews. For example, they would never be allowed to sit in on conferences with the inmate's defence attorney and if there is potential that any deal offered by the DHS might affect Inmate Taylor's chances of parole, he will probably be able to demand access to an attorney. I don't know what happens if ICE/HSI or BDP investigators claim that they must interrogate Inmate Taylor about TS-SCI intelligence he was privy to as a serving soldier and that the CID agents are not cleared for that. Or that he still has operational information about foreign intelligence sources that they must obtain from him in connection with a joint task force operation against drug cartels that does not include the CID. It would seem that the legal requirements of custody was served even if they didn't follow him into an interrogation room. After all, it's not as if regular police are not allowed to leave prisoners in locked or closed rooms, even with guests (lawyers, even family members or romantic partners in my experience) while still retaining legal custody of them. Quote:
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02-07-2017, 07:34 PM | #13 | ||||
Join Date: Aug 2004
Location: traveller
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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Beyond military law classes, as a lieutenant I was stationed at Coleman Army Airfield in Germany -- also the location of the Disciplinary Barracks for US European Command at the time. The couple of times I served as installation Staff Duty Officer, I had to go into the DB and physically count the prisoners. I also served as investigating officer for a Report of Survey on one prisoner in the DB, to account for some equipment that he lost. When the guards brought him to report to me, he was not allowed to salute -- that exchange of courtesies is a privilege reserved for soldiers, not prisoners. He was addressed as "Prisoner So-and-so," not "Private." Quote:
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But, your world -- your rules. Quote:
Last edited by thrash; 02-07-2017 at 07:38 PM. |
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02-07-2017, 07:51 PM | #14 | |||||
Join Date: May 2008
Location: Colorado
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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When agents of a different agency, interview subjects and don't want the holding agency to be in the room, then it is in a Monitored Interrogation Room. Quote:
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02-07-2017, 08:07 PM | #15 | |||
Join Date: Aug 2004
Location: traveller
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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First, DHS has to provide a [security] clearance letter to someone on the military side with the clearance to receive and evaluate it, and the chain-of-command authority to provide the access they need. That's a major command level call, if not DOD. If the DB personnel aren't cleared for the contents of the interview -- and they almost certainly are not -- expect the MACOM (probably NORTHCOM, in Colorado Springs) to send an MI officer with the appropriate clearances (read on to the compartment just for the purpose, if necessary) as escort. That officer will be present during the interviews, to ensure that the prisoner's rights are respected and that nothing the DHS agents are not cleared to hear gets discussed. Or they skip protocol and try to flim-flam their way through. If they get busted, though, the whole affair will be aired out for the wide (appropriately classified) world to see. Last edited by thrash; 02-07-2017 at 08:11 PM. |
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02-07-2017, 08:20 PM | #16 | ||||
Join Date: Mar 2006
Location: Iceland*
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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Personnel who can provide discreet security* while remaining undercover are much to be prefered over enlisted Correctional Specialists. There is also the fact that Onyx Rain higher-ups rate a gross physical attempt to escape or an attack on Inmate Taylor's escort as a much lower order of probability than some form of collusion between him and other subjects of the investigation. There is also a strong guard contingent on Jewell Island, answering to the FPS. Additional physical security, while no doubt provided on the 'better safe than sorry' principle, is much less necessary than HUMINT, counterintelligence or investigative savy. *Not that Inmate Taylor is considered a major flight risk, as he is being offered the possiblity of parole much earlier than otherwise would be possible and has convinced his handlers that he is sincere in agreeing to cooperate. Quote:
They do not, however, wish to inform ordinary Correction Specialists or various health services personnel of Fort Leavenworth of what they know about the after-effects of Project Jade Serenity. As far as the faction represented by our handlers is concerned, anyone who works for the US Army* is potentially compromised, given that they still do not know to what extent the illegal experiments were the responsibility of rogue scientists under contract with DARPA BTO before the turn of the millenium and to what extent high-ranking officers within the modern military were aware of the experiments. *Or even the DOD, depending on their level of paranoia. Quote:
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02-07-2017, 08:55 PM | #17 | ||||||
Join Date: Mar 2006
Location: Iceland*
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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Can Inmate Taylor legally be transfered somewhere else, where his care will not be the responsibility of the Fort Leavenworth people? Can he be remanded into the custody of Military Intelligence? Some other DOD agency? Or can be be declared insane, medically discharged from the Army and subsequently moved to the Manhanock Asylum for the Criminally Insane? Quote:
There is also a DIA officer and a small team of 'Army of Northern Virginia' ISA/Grey Fox/United States Army Studies and Analysis Activity HUMINT/SIGINT operators. All of these already know more than our PCs ever know and are cleared to know anything Inmate Taylor might discuss with patient Sherilyn Bell in the course of asking for her cooperation with Operation Onyx Rain. Legally, I assume it would be better to have the US Army MI officer accompany Taylor and the two DHS Special Agents with him than to have the DIA officer do so? Quote:
At worst, they have a cover story ready for the terrorist attack that kills any of us who can't be quietly disappeared.
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02-07-2017, 09:33 PM | #18 |
Join Date: Sep 2004
Location: Medford, MA
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
The film The Last Detail, starring Jack Nicholson and Randy Quaid from 1973 is about two Navy sailors who have the shore patrol detail of escorting another sailor from Norfolk, VA (where they all start) to Portsmouth Naval Prison in Kittery, Maine.
It was nominated for 3 Oscars, might be a film of interest. |
02-07-2017, 10:25 PM | #19 |
Join Date: Oct 2005
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
Criminal conviction by court-martial does not involve mandatory reenlistment. The time served does not count as active duty time. Thus if an E-2 had been on active duty for one year (365 days) and was convicted of a crime and served a sentence of five years, when discharged from prison that E-2 would be on day 366 of his or her enlistment.
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02-07-2017, 11:35 PM | #20 | |
Join Date: Mar 2006
Location: Iceland*
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Re: Custody of federal prisoners convicted at court martial or unfit for trial
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It seems to me that it would be a violation of Executive Order 12333, in that it would inevitably lead to MI collecting and maintaining intelligence on US persons, in this case Inmate Taylor and several of his associates. This seems to me to require a federal agency allowed to collect criminal intelligence. That would include numerous agencies that fall under the DHS, as well as the USACIDC. It also includes agencies falling under the Department of Justice which might seem a more natural fit, but for whatever reason, Onyx Rain appears to be keeping the FBI at arms length as much as possible. Of course, a US Army Counterintelligence Officer (35E) or Counterintelligence Special Agent (35L) is probably the most natural fit. That does bring up a rather interesting question, as the backstory for the campaign indicates that one 18E of the 7th SFG(A) ODA that partipated in Project Jade Serenity became a SFC in a 35L MOS before 2006. He's either a civilian, a senior NCO or a warrant officer by now. On the other hand, it has not been established whether he was assigned to the Special Forces detachment in Mexico that went AWOL or, even if he wasn't, whether he would be trusted considering his connection to Col. Ortiz and multiple other former Jade Serenity test subjects. Obviously, the whole Onyx Rain task force is on legally shaky ground, potentially violating Posse Comitatus, a whole bunch of Constitutional rights, the territoral integrity of an allied nation and presidential proscriptions on targeted assassinations, but at least as far as outsiders to it are concerned, I want to maintain the appearance of legality.
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Tags |
cid, criminally insane, jade serenity, jurisdictions, us law, usdb ft. leavenworth |
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