Welcome to Military Elimination, a podcast that will help you decide if the military option is right for you or someone you care about. I'm your host Gary. I'm a veteran. I've been impacted by the military and I've shared the fruits of my journey in heartaches to help you navigate the traps and danger of military service. We provide information about military recruitment, traps, benefits and lifestyles eliminated by eliminating the truth about military benefits and issues surrounding the military lifestyle, military experiences using historical data stories. And by military owned emissions, you'll be able to be in a power position because now you know what the military knows. As a re. Therefore, you will be able to make an informed decision about enlisting in the military, especially if you are between 18 and 24 years old. The flip side is learning about this information while you're in the military going through a negative situation. At that time, it will be too late. So let's turn into the lights. I got a question for you, JAG and entrapment. What is the issue? The issue is if you're going to be in the military, you're gonna be under the jag, the power of Jag Judge Advocate General. As a result, you are gonna be impacted by the Uniform Court of Military Justice, which is a legal system in the military. And as I mentioned before on my other podcast, there's this thing called the Fairish Doctrine. What is the Ferris doctrine? I'm not gonna go into a whole lot of detail. You can Google that. But in a nutshell, it allows the military to escape, or should I say, avoid being held accountable. Think about it as cocoon inside the military and the outside is everyone else. So what is the issue? The issue is that it's gonna be, it is very easy. For a person to be entrapped in the military and su and sustain little issues that they don't have to. So why do you need to know this before you go in? You need to know these things about the jag and entrapment and the legal issues.'cause it is very easy to fall that situation. Once you're in play, there's no really escape. Okay, so if you're a young person thinking about enlisting in the military, or maybe you're past 20, walk into a situation where you could be ly impacted through the legal system in some cases, even though you didn't do any wrong, wouldn't you wanna know about that? Would that be even a consideration for enlisting? Just, that's something just to think about is what I'm going to enlist for? Is it worth the possibility that I can be incarcerated without my rights being provided for me? Okay. And like I mentioned before, I'm not saying anything new. There's the Bible says there's nothing new under the sun. Or you can Google it. You can ask people. But don't ask the recruiters'cause they're gonna lie to you anyways. But it's understandably that you have to understand that in the military and advocate general, they're not held accountable. They don't have to follow the rules. And what protects them is this thing called the Farish Doctrine, which I won't get into. I've done some other ones. There's a lot of information out there. Before I go on I'm saying I'm always talking to young people about different things. And one thing when I'm talking to a young person about their careers or what they want to do and the military pops out, I go I have to share. And I was sharing this with one student a kid that was, who's graduating, he's one of our youth groups, and I was telling him about. The things I share here about how the militant held accountable, the truth behind enlistment, the truth behind the military experience. And he basically realized, he really says so they basically sugarcoat everything. Think about that. A young man who has no experience in the military, in his I, how can I put it? His. Conclusion Was the military sugarcoats everything? And the answer is yes. One thing, understand by the military and the recruiters, they sugarcoat everything. They'll tell you proudly. You don't. You don't have, we have a system. You're in a judge advocate system, judge advocate, general system uniforms, court of military justice. Your rights are gonna be protected. You're gonna be fine. You're gonna have legal help. They're gonna give you all that makes you feel all the warm fuzzies about what you're about ready to get into. Theoretically, when I went to, when I enlisted, when they mentioned it to me, I said, okay. I felt good about it. I felt okay, I can join the military and I know my right to be protected. Okay? But what you wanna understand too is. The difference between a military justice system and a civilian justice system. The difference really when you look at it in clean, you're gonna get a better representation if you were a civilian than if you were in military. In both cases, stay away from the court appointed stuff, court appointed defense attorneys and the defense. In the military. Okay. Just stay away from them. I would say the biggest difference is that in accountability and the ease at which they can navigate the system. What I mean by that is that in the civilian, you got laws, you got regulations, you got rules. Same thing as military, but they're followed a civilian. Okay. I'm not saying it's perfect. Okay. But if there's a discrepancy, it can be dealt with in a more efficient way, if I can say that. Okay. It's easier to navigate In the military, what you understand is that you in this cocoon, okay, and inside the military, what does that mean? When you're isolated, when you cocoon, there's no help for you. Okay. There is no help. There's no support from the outside world. Okay? So as you're thinking about the military, and maybe if you, in, I'm think about it as if you're inside a cocoon or a better way, you can say you're inside of it as one of the little globes that you can shake with the snow. Everything's happening around you outside, but inside. It's controlled. There's nothing can get in. And that's what you're thinking about when you talk, when you're talking about the military. That's the most important thing. I can go ramble on, but with the military, I'm keep, I'm gonna keep saying it. You are a cocoon. You are, they're sheltered and because of, and the fairest doctrine and the right to be autonomous. A right to base autonomy, that's a shell. Okay? Your parents aren't gonna be to help you, your family, your friends, not even your preacher, will help be able to help you. You're in there, you're isolated, you're by yourself, and a lot of times a person don't think about that until they're in the middle of it. When it's you're knee deep and Poo p and you're realizing there's no help. Something that I also think about is that the military, when you talk about employers, they're the only ones that employ that actually can't incarcerate you. Most employers, they can fire you, but they can't incarcerate you unless you commit a crime that they wanna press charges on you. And for civil, civil suits is whatever, but you're still not gonna be incarcerated. You're incarcerated when you have fi, when you have. Committed a crime that against the law in society, and it's the society in the government that's going to punish you. But in the military, your commander can punish you under uniform Code of military Justice, the Article 15. He don't have to have, they don't even have to use a judicial process. It could just be your word against there. Lies. No lies. It's, it is, it's almost like one of those movies where you see when you come to town, one of those small towns, and I don't,'cause I love small towns, but the judge, the sheriff, the mayor are all the same guy. I, okay, so that's the same person. Something to think about is not only can the military punish you, can incarcerate you, they can also impact your future employment. So now, whereas I believe there's laws there, there's laws or there's things within that protects people from having HR spread rumors about, around, about you, a person to other employers, right? But in the military, I don't know. It's just you are, you're impacted in a way that you don't even realize. You may not, you don't have to have done something wrong. It's, it could be your word against their word and with subsequently you end up getting a discharge is less than honorable or even a just honorable discharge. That is really going to limit your employment opportunity. You might as well have been incarcerated with a felony. That's something else that you want to think about when you enlist in the military. That's something that people don't notice or don't understand until maybe they're in near knee deep into it or if they're done and and you got this less an animal discharge, just general discharge. The first person I'm gonna ask you is, what did you do? But that's not what we're here about. That's just something to keep in the back of your mind is when you're dealing with the military, right? You're dealing with armed forces, you understand that you're a cocoon. They're protected against any type of what you say. Being held accountable, Ferris document really protects him. There might be one of those things where you might be skate through, but unless it's a high profile situation, and maybe if you are an officer, maybe if it's just highly a high situa, high level of situation, you got, you're at the mercy of the system. Okay? And that's what I want you to know, and that's an issue. The issue is this. They, you can be entrapped without even knowing about it. And everything that would've been inadmissible is now admissible and it's gonna take you a boatload of money, a boatload of money. I'm talking not even a boatload, I'm talking about like a shipload of money to navigate yourself out of that. Let's get into the let's get into the meat of the matter here. It's protected against self-incrimination. Now this is what you're gonna have to understand. This is what you're gonna have to understand. Okay? Yes. I'm, I don't know how if I can be in front of you, I can just shake you. I would, if I could slap you around, just to help you understand this thing here is that. You have protection against self-incrimination, as in civilian life we called the Miranda warnings. You hear mole on tv, you have the right to be remain silent. You have the right to new attorney. Nah, okay? And if you're not given those rights, when you're in, when you're under, and you, if you're not, if you're not read your rights making Miranda rights to civilian and you made a statement, that's a slam dunk, that's an easy to get dismissed, but not in the military. Okay. In the military it's called, it's on the Article 31 of the Uniform Code of Military Justice. Okay? What that does, what that article one is, protect you against self-incrimination. That means telling on yourself, okay? You could be standing there with dog gun, a skull in one hand, and a knife in the other hand, right? But if you never read your rights before they question you, that information could be another attorney inadmissible. Okay? So you go online and you can find out, if you Google article 31, you'll find all kinds of lawyers, just, you'll find all kinds of websites within in there, right? To me, that's almost I don't know. Click bait because while you read it and it tells you that you had all these rights, you read it from these lawyers that want to help you especially their Ja ex jag officers, I wouldn't trust them as far as you can throw'em. They're all those websites bleach to believe that yes, that's, that you have rights. Yes. If they did this wrong to me, I can come after them, I can appeal it. Okay. But that's what we're saying. That's a facade that they put out there in reality. In reality is for the Farris doctrine, the reality is Jag, the judge, advocate General, the judges in the military, they can bypass that and convict you of information that you was, you shared with that being, having your rights read to you. And unless you have a whole boatload of money, like I said before, to go through the appeals process, it's gonna take you a whole lot of money to unravel that you're done. Or if you don't or if you don't have a whole lot of money and you going to go through the, you're gonna just say phone book, but you gonna Google an attorney. All they're gonna do, I'm not saying all of them, but if you are in the military and you're enlisted, you don't have enough money. You don't have enough money to hire the right people to, or even to go the distance. You know you have the money, then you then I would say the money you would need I'll get into that later, but it's gonna be$20,000 to retain their fee and probably seven$50 an hour. And then you might have a decent person there. And I know some of you guys will probably. Jag officers listen to this anyways. Or people who are attorneys anyways. You don't sniff at that. Yeah, you will, but in the end you're gonna find a way to bleed that person before you drop'em off at the bus station. I've been there, I know that. So Article 31, and this is from the appendix two of the Uniform Code of Military Justice. Everything I talk about if there's a court case, I'm gonna go ahead and put it in my transcripts there and. What it says is that if they suspect you to have, hold on right here, if you're suspected of a crime or there's, and there's a suspicion that you have to have your rights read to you. Okay? Yeah. Article 31, here, it's here. So is no person subject to this chapter may compel another person to incriminate himself or to answer any questions. The answer to which may intend, may tend to incriminate him. That's section 8 31. Article 31, compulsory self-incrimination prohibited. B, no person subject. This chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation, and advising him that he does not have to make statements regarding the offense of which he is accused or suspected. And that any statement made by him may be used as evidence against him in a trial by court martial. Okay. Yeah, I trial by court martial, but you gotta get there first. And that's when it comes in your ar article 13, article 15, where you don't need that. It is your word against, it's your commander's word against your word. So that's in a nutshell, that's what it says in every website that's what you're gonna get a taste of. But in reality, all that really is just sugar coating the legal military system, okay? That's all it is just sugar coating because that right there is in the regulation, what I just read to you, right? That's what's supposed to happen. But what happens is totally different. And my advice to you is this. I don't care if you're standing there with a skull in one hand and a knife in the other and you got blood on your shoes, don't say anything. And I know it's a kind of horrible thing to say, I don't care rats, but Right saying is that they can, they got you red-handed. I don't care. Don't say anything. Don't say anything. Don't say anything. Now that's gonna be hard at times, right? Because there, there's court cases where the pe the military police, the Jag isolated individuals, put'em on extreme circumstances, right under for days. Then they go in for the confession. Without even reading the rights. It happens all the time. It happens all the time. I'm gonna share with you one court case. A lot of these court cases you can find just by Googling the Military Court of Appeals Article 31, right? So once again, I don't care what they do to you. If you are in the mi okay let, lemme back up here. If you're thinking about going to the military, understand this. If they suspect you're doing something, they're gonna do everything they can to get a confession out of you. The only thing to get a confession out of you is to give you the comfort that you are, just that there's nothing on the line for you. That's a trick that I will talk about later on. Okay? The minute you confess it's over. Because now you not only have to con have to deal with the offenses that are being accused of, but now you are, now you gotta be dealing with trying to get that information thrown out. And unless you're going to go into, unless you got a boatload of money. Okay, I'm talking about a little bit, I'm talking about like an ocean liner, like one of the freighter boats or whatever, full of money to unravel that you're stuck. And not only are you stuck financially, but emotionally as well. Okay? So now if you're, if you are already in, keep your mouth shut. I don't care if they scare the poop outta you, we your pants. But don't say anything to you getting a lawyer in there. And my advice to you is you have it transcribed. Having a civilian attorney don't have a military attorney because they're all the military court, they're all in bed together. Okay? I don't care what anybody says, right? You can read the reports, you can read the the appeals, you can read the cases that are in the United States Supreme Court, okay? All the way up. A favorite play in the military is to give a confession without giving your rights to actually violate your rights. Your article 31 Rights unit States Court of Appeals for the Armed Forces United States, which is appeal versus Joseph R. Nelson. He's a lieutenant commander that was in the United States Navy Reserve. Ooh. Navy Reserve. He wasn't even active here. And he's a, he's the one that's appealing. Now, this is where I talk about the money coming in at here. Here's an issue with the who's, who, the person who's being accused is a lieutenant commander. He's high up there. He did something wrong, right? But he's high up there. So he's got the influence, he's got the money, and he is got the wherewithal to hire the people to walk through the process. Yes, this case was argued December 7th, 2021, and we decided July, 2222, July 22nd, 2022. Now, in order to get to this point, here is the United States Court of Appeals for the Armed Forces. There's a lot of steps. There's a lot of other lower cases, lower courts that you have to navigate. Okay? And so I'm pointing this out to you. To point this fact here. During the interview I'm reading off the case here. You can Google it during the interview, the agent's downplay appealing pot, potential criminal liability, and told him that their real concern was the involvement of other service members. This was a sex trafficking thing, okay? I was really hoping, for example, that one NCI, I guess it's a Navy one NCIS agent told Appealant. I was really hoping that you'd be in my whistleblower. Okay. Appealant, and ultimately admitted to the NCS agents that he had did some things that were wrong, inappropriate with prostitutes. Okay. Okay, so the assigned, I, forgive me if I'm reading this for you, here we go. The assigned issue is under Article 31. Oops. There we goes again. Section D, uniform code of military justice requires suppression of statements taken in violation of Article 31 B. After the military judge determined that the NCIS agents. Violated, violated Article 31 B because their rights advisement advisement did not properly orient the appellant, which is the lieutenant colonel to the nature of the suspected misconduct, did the military judge err by only suppress, pressing the statement as it related to one specific offense, but then allowing the evidence to be admitted for the remainder of the offenses? Okay, and this is what I was talking about before. This military judge, this is appeals court, so you can look at it. And they're saying here, did the question was, did he err in allowing the evidence to be issued despite the Article 31 violation? I'm gonna read it again here. Okay. For the remainder of the offenses re suppression of his entire statement to the NCIS agents on January 23rd. 2018 on the grounds that the statement was obtained through the use of coercion. I'm gonna tell you before, I mean they put you to site, right? They're gonna, they're gonna isolate you. They're gonna get you no water. You know they're gonna coerce you unlawful influence or unlawful inducement. The military judge denied this motion as so unsupported by the brutality of the circumstances. Okay? In the second motion, the appealant, which is the lieutenant colonel, sought suppression of his entire statement to the NCIS. I guess it's like Navy, so there must have been a mar or navy agents on the ground. So the agents did not warn him as required by Article 31 B that he was suspected of. He's trafficking, sex trafficking. I don't like it. And I don't care for it. But this is what's happening in violation of Argo 1 34, the military Code of Military Justice. The military judge denied this motion, including that the accused was orientated to the article 31 34 offense, which he was charged. So basically what I, what you can read it yourself. What basically what you're looking at here is exactly what we've been talking about. A person was committed of an offense. Okay? They used tactics to. Make to make him feel comfortable, right? To take him off guard, to get the information without letting him know what he's being accused of are his rights. And in this situation here he's appealing those facts that the military judge should have caught would say the military judges are, it's, when you think about the military judge system, they're all in cahoots. You're through because the judge advocate wants the judge advocate controls the judge controls the attorneys, and what they want they get. But this is a good, a prime example of what we're talking about, the court potion, coercion, the misrepresentation, undue influence, all those things can come to bear. And if you're thinking that you're just going to. Everything's gonna be cut and dry, everything be clear. It isn't okay. It isn't. And you can have all day long, you can have all these articles, all this, all these codes that's supposed to protect you, but it only protects you if the people who's in charge of it enforcing it, follow the rules and Jag doesn't follow the rules. I don't care what anybody says. Honestly, you might think I'm Antiga anti Jag and I am. To the extent of use their, a mockery of justice to the extent that they don't that they don't have to follow it. I'm not saying everybody who goes in the military is gonna have an issue with this jag. But it doesn't take much. It doesn't take much. It just takes a little turn here and a little twist there and you're through. And you gotta understand that even though the military has a their own code, their own legal system, their own laws, if you would, but there, it's only there if they want to follow them. It's probably P in nature. So if you're in the military and you're going up against Jag, may the force be with you as they say. And if you're not in and if you're not in. Military yet, maybe may, you might wanna reconsider. And in this case here, initially he was he, I think he was, got some confinement and, but he had to give up. Four months worth of pay for him was like$6,000. So they took what,$24,000. Another way of putting it they docked his pay. So let's look at it. Let's look at it. From my perspective and my friend in the Washington National Guard when we talk about he was in reserves, right? So when we talk about these reserves and national guards or anything, it's all part of the same pie, right? It's always gonna impact just one way or the other. Okay? Sometimes there, there's people who are active guard reserve. That means they're active they're full time in the guard. And they had to serve a couple of one weekend a month. But they're act like, they're, like for retirement purposes, they're on active duty. The thing they have with my friend who happened to be active guard reserve, almost like the reserve, the guy here. Yeah. It is just what happened in that situation was textbook here. Oh, and I told you before, it was Lieutenant Colonel Brett Dockery who eventually of the, he was of the 168 Aviation Battalion here, Fort Lewis. He was the as in general, but I think he retired recently. But when he was a commander there and along with Major Robin Davis, they did this. My friend had no idea about what another person had did or had stored in a locked boiler room adjacent to, in, just had to be part of that building and then was told by that person, that it's a long story was he was lied to. And the lie was shared not knowing. And here's the kicker. Brett Dockery, in his sworn statements, knew about this problem. He probably three or four times, he had suspicion three or four times that he admitted in the, in this document, but never at one time did he stop and give the article 31 warning. But he did question this person three or four times, and you can see in the statement that he was trying to get this person to say the same thing over and over again. And eventually it was, it came down to false. One of the things was false official statements. Okay, here you are. You're trying to defend your goodwill. You didn't do anything wrong. You are making statements based on what you believe was the truth, what you were told, right? And they started legal proceedings based on that, but they only could have legal proceedings if they knew the truth. And here comes the kicker. Major Robin da ma. No. Not Dave. He was a, he was the him, excuse me, he was the Jag officer. Major Palmer shot William p shot. The executive officer 168 Aviation Battalion at the time, okay. He brought this to this soldier in, he said, we don't care. In his sworn statements, he said, we don't care. What he did with this equipment. And the equipment was like uniforms, probably like just expendable stuff. Things that you find at a pawn shop. But he had a lot of it that was stored in that it was a lot of, it was stored in the storage area, the boiler room. We, he said, we don't care what you did with it. We just wanna know. We don't care. We're not gonna get you in trouble. You're not in any trouble. We just wanna know where it's at. We just need to know what's what it is. We are not gonna get in any trouble, just, we just need to know. And the kid sung like a bird. It took him to where all the stuff he had moved it to. Yeah. And that is what got the ball rolling against my friend. The person who admitted it, who actually did the incident, who actually moved the stuff, who actually was storing the stuff, got nothing. Why does that sound weird? I know it, this sounds weird to you. It's the truth. Go call the red ery. Call him. I don't know. William P. Shaw. Okay. Called him Washington Military. But it, this was a combination of a whistleblower. This person refused to lie. Remember, get to here about an incident that William P. Shaw was investigating about another soldier. Even if this person told the, saw what he wanted to know, that was a legal offense right there if it wasn't true. So they kept going until you can find something to charge this person with. Okay. And that's what you're dealing with. And upon all the senators of Washington, the United States Senator, everybody knew the Department of Defense. National Guard Bureau, everybody was aware, everyone, and because of the Ferris Doctrine, everybody turned away, turned their backs, even though this person didn't have had to go to court. Yeah. By themselves without a defense attorney. Because the defense attorney did the detail. Gregory Goodell refused to represent this person. And Patty Murray that, you know, powerful Patty Murray of Veterans Affairs. Her office did nothing. Let that sink you in. Here's, I think she might be a head of the chairman chair for the military veterans or whatever, right? And she did nothing. Let that sink in. Let that sink in. So what is this all about? What it comes down to is eliminating the truth behind military operations as it pertains to the judicial system. System this goes, the issue is that they will not follow their own regulations or laws in order to get you to incriminate yourself so that they can prosecute you. I don't know what other employment that you want that you can be into where this is happens. Am I okay? They sugar code everything. If you're thinking about the military, oh, and hopefully maybe you might not be listening to this, maybe somebody who's listening to who knows, right? You gotta factor the, don't the, is it important to factor these things in? It's like going to war. Not everyone dies, but if you're impact if someone does die, that family's impacted. Not everyone gets in injured, but if you are injured, we never know who it was gonna be. That can impact your life. Not everyone has PTSD to the heavy extent, but if you do, it's gonna impact your life. It's like you're playing, you like you're just playing rush. Hey, you said word restroom and led, but I just did, put I put five bullets in, in, in the chamber and see what happens. Yes. Are you willing to take that chance? Okay. Yes. There's a lot of people who join the military and they just come out fine and just dandy. Bless their heart, tell you the truth, but there's a lot more who are negatively impacted. Okay. Another thing is that sex abuse in the military harassment. All those things are high, and a lot of it's from the commanders. And then one, one incident can alter a person's life. Here they here, they go into the military to get their career, maybe get some money for college, whatever. They end up having to go through a rape situation or sexual assault situation at the hands of their commanders or high ranking officer. Are people in under chain of command only turn around thinking that they're can find help, but they find nothing when actually it's turned around against them and even the, who are they gonna go? Who are they gonna go to? Jag Con Jag supports the officers. The civilian court supports the military. They didn't say you can go to the chaplain, but the chaplain's wearing bars. Okay. He's part of the issue. They say I can go to the ig. The internal general they're all in cahoots, so there's no place to turn. You're a cocoon, whether it's a legal system or it's a sexual assault system where the system where you are being mistreated when you're in play, there's nothing for you. Okay. So what is the issue? The issue is you have no legal protection. You are in the military. All right. I'm gonna turn the lights out and hopefully that you've learned something, hopefully that you can do your due diligence and hopefully that you can share this. And if you're in the military and you're going and you're going through some stuff. You know what? May the force be with you, and I hope you pray because you're done. Have a good night. Resources United Sate v. Nelson, No. 21-0216/NA Judgment of the Court Appendix 2: Uniform Code of Military Justice Effective December 2, 2019 Includes Updates From FY 18,19, and 20 NDAA Feres Doctrine: https://saveourservicemembers.org/feres-doctrine/