Allen West is reporting this IS the case:
Ladies and gents, resulting from the text message I received yesterday, I can confirm that the United States Navy is bringing charges against Lt. Cmdr Timothy White for illegally discharging a firearm on federal property.
Ditto MR's comment!
ReplyDeleteFWIW, Per July 24th Navy Times: "Lt. Cmdr. Timothy White, is the support center's commanding officer"
ReplyDeleteCut/paste of related comment at FreeRepublic:
"As a former Air Force prosecutor, Area Defense Counsel and Circuit Defense Counsel, I see this going one of a couple ways:
1. The Navy cedes jurisdiction to the DOJ and they prosecute him in federal district court. Not likely, as DOD and DOJ don’t work and play that well together in the criminal area.
2. The Navy cedes jurisdiction to the Chattanooga district attorney - again, not likely, because there were no “victims” of his carrying the weapon, and we don’t know whether he had a CHL so that he was in fact LAWFULLY carrying. Oh, and if it’s a “federal facility”, the DA has no jurisdiction. Navy can’t have its cake and eat it too.
3. If he’s prosecuted under Art. 92, disobeying a lawful general regulation, there’s a distinct possibility of a conviction.
4. If they go with Art 134, service-discrediting conduct or good order and discipline, it’s a lot tougher sell. If this hadn’t happened, nobody would ever know he had a weapon, and who the hell did he discredit? And his actions ENHANCE good order and discipline.
5. Courts martial are a bifurcated system: first guilt or innocence, then (if guilty finding) sentencing. The mitigation in sentencing in this case is a defense counsel’s dream: first, the “good soldier” defense - not knowing anything but what I’ve read, he’s a family man, was selected as the “best of the best” to be a recruiter. Next, he saved untold lives by his conduct and by being ready for the fight. Frankly, even if he’s found guilty, I see this as a very likely sentence of “no punishment”.
6. There are probably people just like me lining up to defend this guy at his CM for free.
Many think there’s no justice under the UCMJ - that’s just not so. What impedes justice is Whisky Delta SJAs who won’t tell the commander when a dog case is a dog case.
Colonel, USAFR
24 posted on 8/1/2015, 11:52:57 AM by jagusafr
Lt. Cmdr White's officer's Oath -
ReplyDelete"..protect and defend the Constitution..."
not the President- not the DoD - not the DoJ - not any govt agency
-
He did honor his Oath - as many high officers - today- do not-
I hope he has a Constitutionally adept attorney -
Carol-CS
How about a Medal <:o)
ReplyDelete