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Charges dropped in alleged Marine Corps human smuggling and drug rings after arrests ruled unlawful
Military prosecutors dropped human trafficking and drug charges against most of the two dozen Marines recently arrested in front of their Camp Pendleton battalion, days after a court ruled those arrests were an unlawful violation of their rights, Marine Corps officials confirmed Tuesday.
The Marines' cases will be dealt with administratively, outside the military court system, according to a 1st Marine Division statement. Many of them will be discharged from the Marines.
"Thirteen Marines submitted and have approved pre-trial agreements requesting separation in lieu of courts-martial or waiving administrative separation boards," the Marines statement said.
Also six Marines have pleaded guilty at courts-martial, and four still face criminal charges, the statement said.
Until now, the Marines had not answered questions or responded to requests for information about the cases by the Union-Tribune.
At first 16 Marines were called to the front of their unit — 1st Battalion, 5th Marines — and accused of human smuggling. They were arrested by a swarm of 40 to 50 law enforcement agents and marched away in handcuffs.
Another eight Marines suspected of unspecified drug offenses also were taken out of formation. Some of them were detained by battalion personnel and taken to the Camp Pendleton brig, said Lt. Col. Eric Olson, the battalion commanding officer, during testimony at a court hearing on Nov. 15.
Marines in the formation that day testified at the hearing that their commanders called the accused Marines a "cancer" on the battalion.
The cases against the Marines fell apart after that hearing. The judge ruled the mass arrest — conducted in front of an 800-person battalion — was an unlawful violation of their rights, attorneys involved in two of the cases said.
Marine Capt. Charles Whitman, who represents a Marine charged with drug offenses, successfully argued that the arrests amounted to unlawful command influence.
Unlawful command influence, often called the "mortal enemy of military justice," occurs when a commander uses his position of authority to influence court proceedings. Commanders have authority over courts-martial and therefore are expected to remain impartial during the process.
"After that ruling, I think the government saw the writing on the wall and wanted to get this out of the court system," Whitman said in an interview Tuesday.
Whitman's client, a lance corporal originally charged with unspecified drug offenses, will be administratively processed out of the Marine Corps, Whitman said.
He added, it is up to the commanding officer to determine his client's discharge status, and he does not know what that will be.
Defense attorney Bethany Payton-O'Brien, a civilian who represents one of the Marines charged with human smuggling, said her client will be separated from the Marines but his charges were withdrawn and dismissed.
She said once the arrests were ruled unlawful, the government's case fell apart.
"Cases are promptly being disposed of in ways other than courts-martial," she said.
The Marines did not specify which four Marines are still being charged criminally. Two of them — Lance Corporals Byron Darnell Law II and David Salazar-Quintero — were arrested by Border Patrol agents on July 3, when agents allegedly saw them pick up and transport unauthorized immigrants in Dulzura.
The other Marines were arrested separately from those taken at the battalion formation, so it's unclear if they will be affected by the unlawful command influence ruling.
"In the military justice system, commanders are given an extreme amount of power and discretion to prosecute people," Whitman said. "(Cases) need to be handled with an extreme amount of care."
Citing the recent case of Navy SEAL Edward Gallagher — who was acquitted of most charges but found guilty of posing with the corpse of an ISIS combatant — Whitman said the outcome of these cases shows that, given a chance, the military justice system works.
"The military justice system is under a lot of scrutiny," Whitman said, "but it actually worked here — the judge got it right. It's actually a positive for the Marine Corps in that it shows the system can be fair."
©2019 The San Diego Union-Tribune. Distributed by Tribune Content Agency, LLC.
The FBI is treating the recent shooting at Naval Air Station Pensacola, Florida, as a terrorist attack, several media outlets reported on Sunday.
"We work with the presumption that this was an act of terrorism," USA Today quoted FBI Agent Rachel Rojas as saying at a news conference.
WASHINGTON/SEOUL (Reuters) - U.S. President Donald Trump said on Sunday that North Korean leader Kim Jong Un risks losing "everything" if he resumes hostility and his country must denuclearize, after the North said it had carried out a "successful test of great significance."
"Kim Jong Un is too smart and has far too much to lose, everything actually, if he acts in a hostile way. He signed a strong Denuclearization Agreement with me in Singapore," Trump said on Twitter, referring to his first summit with Kim in Singapore in 2018.
"He does not want to void his special relationship with the President of the United States or interfere with the U.S. Presidential Election in November," he said.
The three sailors whose lives were cut short by a gunman at Naval Air Station Pensacola, Florida, on Friday "showed exceptional heroism and bravery in the face of evil," said base commander Navy Capt. Tim Kinsella.
Ensign Joshua Kaleb Watson, Airman Mohammed Sameh Haitham, and Airman Apprentice Cameron Scott Walters were killed in the shooting, the Navy has announced.
The Pentagon’s troop deployment denials means nothing when the White House screams ‘fake news’ all the time
The Pentagon has a credibility problem that is the result of the White House's scorched earth policy against any criticism. As a result, all statements from senior leaders are suspect.
We're beyond the point of defense officials being unable to say for certain whether a dog is a good boy or girl. Now we're at the point where the Pentagon has spent three days trying to knock down a Wall Street Journal story about possible deployments to the Middle East, and they've failed to persuade either the press or Congress.
The Wall Street Journal reported on Wednesday that the United States was considering deploying up to 14,000 troops to the Middle East to thwart any potential Iranian attacks. The story made clear that President Trump could ultimately decide to send a smaller number of service members, but defense officials have become fixated on the number 14,000 as if it were the only option on the table.
This article originally appeared on Business Insider.
SIMI VALLEY, Calif. – Gen. David Berger, the US Marine Corps commandant, suggested the concerns surrounding a service members' use of questionable Chinese-owned apps like TikTok should be directed against the military's leadership, rather than the individual troops.
Speaking at the Reagan National Defense Forum in Simi Valley, California, on Saturday morning, Berger said the younger generation of troops had a "clearer view" of the technology "than most people give them credit for."
"That said, I'd give us a 'C-minus' or a 'D' in educating the force on the threat of even technology," Berger said. "Because they view it as two pieces of gear, 'I don't see what the big deal is.'"