Posted on Jan 18, 2016
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Posted 9 y ago
Responses: 139
This Washington Post article describes how Petraeus managed to get off so lightly, and perhaps why he faces losing a star after all:
https://www.washingtonpost.com/world/national-security/how-david-petraeus-avoided-felony-charges-and-possible-prison-time/2016/01/25/d77628dc-bfab-11e5-83d4-42e3bceea902_story.html
https://www.washingtonpost.com/world/national-security/how-david-petraeus-avoided-felony-charges-and-possible-prison-time/2016/01/25/d77628dc-bfab-11e5-83d4-42e3bceea902_story.html
How David Petraeus avoided felony charges and possible prison time
The former wartime commander and CIA director ended up with a misdemeanor plea agreement.
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I understand that the SecDef has the authority to do this, what I haven't seen is any indication that he has any intention of doing this. What reason do we have to believe this is likely?
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I posted a link which explains why this matter has been brought to light now. Take time to listen and you will understand: https://www.rallypoint.com/shared-links/joe-biden-to-the-rescue-1-20-16-monica-crowley
Joe Biden to the Rescue? 1/20/16: Monica Crowley. | RallyPoint
https://audioboom.com/boos/4087415-joe-biden-to-the-rescue-1-20-16-monica-crowley?t=0This is fairly long, about 40 minutes, BUT will answer some questions I've seen posted here.
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We report to a CIVILIAN boss. They hire and fire us. We serve at their pleasure. Please take a moment to remember all of the countries then (and unfortunately, even now), that practiced military leadership and what inevitably happens to them.
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A more juicy aspect is if he's busted down in the near term and the political firestorm. That is possible given the programmed smoke screen announcements and actions that are geared to taking the public's eye off the real issues like ever increasing taxes, less purchasing power, etc. A second aspect besides this short game distraction is the long game. So the Administration flips and both Congress and the Executive are Republican. Will the juices flow enough to restore the rank? Perhaps not. It would be another example of casualty by political whim. Happens all the time.
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At what point is your military career over and not effected by mistakes made as a civilian? Once you retire and no longer wear the uniform it should be over. Exception; after you are out a military investigation finds that while you were in the military you committed a crime that violated the UCMJ. You can be prosecuted and punished accordingly and reduced in rank.
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MCPO Roger Collins
If there are new charges, you are right. Even though the timing is really suspicious. Although civil courts and military courts can prosecute the same charges, it is seldom done, if ever, particularly with a top military leader. This is implied blackmail for a warning as to what can be done by an Obama sycophant that never served.
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All of the good works we accomplish become dust when a conscious decision is made to violate the trust placed in us. Those few seconds of 'stumbling' define our total efforts, regardless of how great they may have been just prior to that moment. The public will only remember the scandal that General David Howell Petraeus became embroiled in...his admittance that he gave classified information to his biographer and mistress while still in uniform. For those of you out there who attempt to protect him or easily dismiss his indiscretions - just how do you believe you would have been treated under UCMJ if you did the same thing? In equal measure to anyone out there, he is protected by due process and innocent until conclusively found to be guilty. There's a significant amount of fact and evidence hidden from the public due to position, security clearance, and rights under the Constitution. Such evidence is available to those with oversight of the General Officers of our military and not made known to the public due to National Security. Ash Carter, the present Secretary of Defense, is reconsidering General Petraeus's transgressions under the idea that even so highly placed a military commander is not immune to accounting for his acts. Five-star General of the Army Douglas Francis MacArthur was fired by President Truman for making public statements on Presidential policy matters. General Kevin P. Byrnes, Commander of the Army Training and Doctrine Command, was relieved of command (fired) for disobeying a lawful order from Army Chief of Staff Peter Schoomaker to break off a consensual relationship with another woman (his divorce proceedings were not yet finalized). The unique irony? I was General Byrnes's Inspector General with the 1st Cavalry Division in Bosnia during the Balkan conflict and could have easily advised him against what he was doing.
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MCPO Roger Collins
True. What's the first thing that comes to mind when Bill Clinton come up (no pun intended)? Lewinsky and "I did not have sexual relations" or JFK's relationships.
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If UCMJ is pursued, I hope the court takes all information into account. Just my $0.02s.
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CSM Colin Patterson
Hey Lt I guess you don't understand the difference of being accused of something versus convicted of something, the general took a plea deal of a misdemeanor crime instead of going to trial on a felony charge. There shouldn't be a double standard he was wearing the military uniform just like PFC Manning was. PFC Manning is serving life in prison he got a plea deal for a misdemeanor for a felony.
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1LT (Join to see)
Politics aside, GEN Petraeus served this nation with honor and distinction for over 35 years. Comparing the PFC Manning situation to GEN David Petraeus is apples to oranges.
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1LT (Join to see)
But looking at the bright side, Rally Point is a great tool to share ideas and talk about some of these current events. I've enjoyed engaging with my fellow brothers/sisters in arms on some of these hot button topics and keeping an open mind. Hope everyone has a great week. Army Strong!
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MCPO Roger Collins
1LT (Join to see) - Given the sterling performance by Ash Carter so far in his tenure as Sec Def, he has every right to make such a decision. (sarcasm)
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Don't know if it is Possible. Last time I checked Congress decides what Rank you retire at for a Flag Officer. As SECDEF he may be able to Petition Congress to Demote him in the Retired Ranks but It would take a bit to see if there is even Precedence for such an action.
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MAJ (Join to see)
AR 15-80, Chapter 7 talks about this for those under the rank of BG.
10 U.S. Code § 1370 (https://www.law.cornell.edu/uscode/text/10/1370) covers this for BG and above. It seems that as the SECDEF has to certify that a LTG or GEN served satisfactorily at that rank for someone to retire as a LTG or GEN, then the SECDEF could withdraw that certification later. It also seems that the "advice and consent" of the Senate (not the full Congress) is required, although the article suggests otherwise.
10 U.S. Code § 1370 (https://www.law.cornell.edu/uscode/text/10/1370) covers this for BG and above. It seems that as the SECDEF has to certify that a LTG or GEN served satisfactorily at that rank for someone to retire as a LTG or GEN, then the SECDEF could withdraw that certification later. It also seems that the "advice and consent" of the Senate (not the full Congress) is required, although the article suggests otherwise.
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PO1 William "Chip" Nagel
"It is good to be the King" Damn didn't realize the SECDEF have that much power over retired Flag Officers! Tks for the Enlightenment.
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