The Fighting JAG Blog
The Veterans Legal Support Center & Clinic is proud to bring you the updated blog of the "Fighting JAG," Captain Lyndsey M.D. Kimber who is the full-time Deputy Staff Judge Advocate (JAG) for the 34th Infantry "Red Bull" Division in Rosemont, Minnesota. Lyndsey will be updating her blog live from overseas with recent photos, giving us the insight not only from a proud member of the military, but a successful Attorney in the US Army JAG Corps.
Check back daily for updates!
Captain Lyndsey Kimber's Biographical Information
Welcome to the Fighting JAG Blog
8-21-2008 - Lyndsay's First Post from Kuwait
9-3-2008 - Living in a Foreign War Zone
9-9-2008 - Arrival and Sandstorm
9-10-2008 - The Office and Staff
9-15-2008 - Criminal Law
9-20-2008 - Fallen Soldiers
9-22-2008 - Trip to MNC
10-13-2008 - Article 32 Hearing
10-16-2008 - Al-Basrah
10-21-2008 - Reset Day
11-7-2008 - Marriage
11-30-2008 - Thanksgiving
12-3-2008 - R&R, Rain, and Rulings
12-26-2008 - Iraq Christmas
12-30-2008 - Christmas Pictures
1-1-2009 - MRAP
1-16-2009 - Just Another Day
1-23-2009 - Iraq Broadcast
1-26-2009 - The Ancient City of Ur
2-1-2009 - Super Bowl
3-17-2009 - St. Patrick's Day
3-28-2009 - Time is Flying and I am Not Complaining
4-2-2009 - Blooming in Adversity
4-11-2009 - Divorce, Divorce, Divorce
4-25-2009 - Approaching The End
5-3-2009 - The Replacements
CAPTAIN LYNDSEY MD KIMBER FIGHTING JAG BLOG BIO
Captain Lyndsey M.D. Kimber is the full-time Deputy Staff Judge Advocate for the 34th Infantry "Red Bull" Division in Rosemount, Minnesota. She has been a member of the Minnesota Army National Guard since January 2001. CPT Kimber is currently deployed to Balad, Iraq with the 34th Combat Aviation Brigade as their International Law Officer and Brigade Trial Counsel.
Captain Kimber is a graduate of the Judge Advocate Officer Basic Course, the Legal Assistance Course, Law of War Course, Domestic and International Operational Law Courses, Criminal Law Advocacy Course, Fiscal Law Course and Information Operations Course, all taken at the U.S. Army Judge Advocate General (JAG) School in Charlottesville, Virginia. Captain Kimber is also a DoD Certified Mediator. Captain Kimber has been a frequent instructor for the Minnesota State Bar Association on the Servicemembers Civil Relief Act (SCRA) and military family law. This was her second year as an instructor for the Family Law Institute, and she is frequently called upon by civilian counsel assisting service members and their families as an expert in the areas of military pension division and SCRA. Additionally, Captain Kimber has authored several articles on the SCRA and other military issues, as well as, standard operating procedures and guides on subjects including, informal military investigations, immigration, military justice, and legal requirements for soldier readiness. Her most recent piece appears in the Minnesota Journal. Before deployment she was an active member of the University of Minnesota's Humphrey Institute Warrior to Citizen Campaign and the assistant editor for the Roll Call publication of the Family Law Committee of the ABA.
Captain Kimber received her Bachelors Degree, cum laude, in Philosophy, Law & Rhetoric in 1998 from Stephens College in Columbia, Missouri. She received her law degree in 2003 from Hamline University School of Law in St. Paul, Minnesota and is currently working on a Masters of Business Administration from University of St. Thomas, also in St. Paul. While in law school, Captain Kimber served as a Primary Editor of the Hamline Law Review. She also worked as a professor's research assistant, providing case and statutory research for a Uniform Commercial Code text published by West Publishing. Prior to law school and joining the Minnesota Army National Guard, Captain Kimber worked for the U.S. Department of State, Bureau of Diplomatic Security. She was assigned to a field office in Chicago, Illinois and to the Department's Headquarters in Washington, DC.
Welcome to the Fighting JAG Blog
Welcome to the Fighting JAG Blog. My name is Lyndsey Kimber. I am an active duty military attorney for the US Army. I am currently deployed to Iraq. My bio is available to give you some background on me, but I am no one special. That is to say, I am one of the hundreds of thousands of soldiers from the US military and other militaries around the world that have deployed to Iraq. I can only tell you my experience. I will do my best to tell you what deployment is like for me as an attorney in the US Army JAG Corps without violating attorney-client privilege, operational security, and Army Regulation, or getting yelled at by my boss.
The opinions in this blog are mine in my personal capacity. None of the opinions stated in this blog are those of the Department of Defense, the US Army, The Judge Advocate General's Corps or the 34th Combat Aviation Brigade. The rank designation of Captain is used merely for identification purposes and not to denote speaking in official capacity for the US Government or any official position of any US Government Agency.
Now that we have the disclaimer out of the way, we can get to the good stuff...
8-21-2008 Lyndsey's First Blog Post from Kuwait
Surprise! It's hot here, real hot. Being outside feels like standing in the oven while it's cooking something, and that something is me. We arrived in Kuwait a week ago. I kept thinking I would start writing when something interesting happened. I saw camels today, so I figured it was as good a day as any to begin.
We spent about eight weeks at our mobilization station, which was about five weeks too many for me. We hit a few required training events, none of which had to be accomplished there, but to hear Stars and Stripes describe the new National Guard home station training plan, one would think the burden of it is single-handedly bankrupting the entire Department of Defense, whereas the former, antiquated six month train-up on active duty posts was better for everyone. That gosh darn National Guard. We go and make them an operational force and suddenly they think they're...operational. Seriously boys, let's recap: Historically that whole "separate but equal" idea has never worked well. I submit home station training costs less, and is more efficient. But then how would the active duty posts refurbish? I hear Ft. Sill has mold. Scratch that, I know Ft. Sill has mold. How to sum up mobilization station? Well, it's like Basic Training, only the Basic Training soldiers can wear civilian clothes at the Post Exchange and catch a movie at the local theater. On the plus side, our entire Brigade had the opportunity to come together from several different independent organizations and meld into one well oiled war fighting machine. Hooah!
We are now acclimating, the desert equivalent of sea legs. I am already starting to appreciate the beautiful weather in the early morning and evening when the temperature dips below 100 degrees and it feels downright balmy. We are sleeping on cots in large tents with wood floors. The AC in these puppies works quite well. We all have a system for hanging items from the beams of the tent, and a cot behind our sleeping cot holds the rest of our gear. Showers are in a trailer about 20 yards from the tent. This is a hassle. I won't bore you with my "girl" routine, but suffice it to say that having the porta-potty 20 yards in the other direction from both where I sleep, and where I shower is an unqualified pain in the... not to mention "combat" showers have to be taken early in the morning or late at night to avoid scalding (no cold water here folks). Water is trucked in. We are each allocated 15 gallons a day- for everything. Combat showers go something like this: Turn water on. Get wet. Turn water off. Lather. Rinse. Turn water off. If you are in the shower for three minutes that is too long, water hog.
The chow however, is great. The chow hall is my favorite building actually. I hear it was a gift from the Kuwaitis. All I know is it has an excellent food selection, an indoor fountain, sculptures made of fruit, real silverware and plates, and an indoor bathroom with a marble vanity and flushing toilets! Golly, I love the chow hall!
This morning we were up at 3AM and went to the weapons range. A nomad lives nearby and raises camels. We were told not to accidentally shoot the camels. The brown ones cost $8,000.00 to replace and the white ones cost $100,000.00. I think this is why the nomad is still living by the weapons range. I shot the camels on purpose- with my camera.
9-3-2008 - Living in a Foreign War Zone
Next time you're at the office look around at your coworkers. Take a moment and try to visualize living and socializing with them non-stop for a year without your family, in a foreign war zone.
9-9-2008 - Arrival and Sandstorm
We are here! Eureka, it's Balad, Iraq!
I am living in one half of a trailer. The air conditioner works well. This is a priority.
Although, the last few days it has been getting cool in the mornings. When I travel to the latrine in the morning, sometimes I think, it must be about 78 degrees; it's cool out. It turns out I am hallucinating. It is not cool out. It is 100 degrees. I think when I return to Minnesota, I might really freeze to death. Seriously.
As you can see, I am spoiled. I have a TV. We get eight channels of Armed Forces Network.
I need to dust and sweep daily. Dust is everywhere. There are some days the dust hangs in the air like a fog and coats your skin; you can taste it when you breathe. We had a dust storm last weekend. I t came on suddenly, like a tornado. The wind had been blowing that morning, creating intermittent gusts of dust. Toward the early afternoon you could see the sun again and the thickness in the air dissipated. Around dinnertime I stepped out the back door of our building and the air was still and hazy. Abruptly the sky turned a bright misty orange, followed by a straight line wind that showered me with sand grains. The few belligerent trees that survive here swayed as the sand cloud descended.
No, Midwesterners, that's not snow in the camera lens, its sand. That orange color is really what it looked like outside, only a bit brighter.
9-10-2008 - The Office and Staff
We are currently sharing the JAG office with the unit we are replacing. This overlap is quite the full house. However, it provides us the continuity we need to be successful. I arrived at the office to find a court-martial already waiting for me. Fortunately, the trial counsel I am taking over for is like my long lost soul sister. She has graciously allowed me to tag along with her most everywhere and ask all my “newbie” questions. We have become fast friends and I will be sad to see her go. The command judge advocate for the departing unit is also a criminal law guru. I am being taught well.
We office in a long narrow building. All the windows have been filled in with sandbags. We occupy two offices at the end of the hall. The paralegals share one office and the attorneys share an office. It’s deluxe.
The office above is the paralegal office. I don’t want to show you the attorney office. It needs some cleaning…
The only thing I can count on is that every day is different. I take clients by appointment or walk-in for a variety of matters including family law, citizenship, commercial and consumer issues. In between these, I work on military justice cases, talking with commanders, interviewing witnesses, working with the military police and Army Criminal Investigation Division, and preparing paperwork for court-martial. Commanders and other leaders intermittently stop by for advice with soldier issues, rules of engagement questions, and fiscal law issues. The command judge advocate and I have a pretty good division of labor. Sometimes though the issue is worked by whichever of us is available when the issue comes in. We are a tight knit team.
9-15- 2008 - Criminal Law
I woke up this morning to the sounds of F-16 afterburners and gunfire (don't tell my mom). This was the first day I have heard sustained gunfire since being here. That is not to say we have not been attacked, because we do get indirect fire from time to time.
I spent all day today interviewing witnesses for the preferral of charges for court-martial. Preferral is the first step in court-martial and it is normally done by the Soldier's immediate commander (yes, we capitalize Soldier). It is a formal accusation. For those of you not familiar with the Uniform Code of Military Justice (UCMJ), there are a lot of similarities to the civilian criminal code, but some distinct differences as well. Charging crimes is one of the differences. When we charge a crime, we do it on a Charge Sheet filled in with the Soldier's pertinent identifying and military information. Crimes are laid out in charges and then specifications. The specifications are different occurrences (at different times or with different victims) of the same charge. For instance, if the charge is UCMJ Article 121-Larceny, and the suspect is accused of larceny on three different occasions there would be three different specifications under that charge.
There are three levels of courts-martial: Summary, Special and General. Summary court-martial is sort of a cross between a petty misdemeanor and a misdemeanor. Summary court conviction is not considered a Federal criminal conviction the way that Special and General courts-martials are, but it is a conviction that stays in the soldier's permanent military file. Instead of a judge, an experienced military officer is appointed to review and hear evidence, and neither soldiers nor the government are represented by counsel. Convictions though can result in jail time for E4 and below. Special and General courts-martial are reserved for more serious crimes and are Federal criminal convictions. Either can be tried by a judge or a panel (jury).
Another huge difference in the UCMJ is that Commanders decide whether a Soldier should be charged with a crime, instead of the lawyers. As legal advisors to the commanders they take our recommendations in most, if not all situations, but the ultimate decision still rests with them. Different levels of command are convening authorities for different levels of courts-martial, depending on rank and position. It is the convening authority that refers (different from preferral) a case to court martial. Referral is formal charging of the crime.
Many of the witnesses I interviewed today were worried about talking to me and terrified of losing their jobs. During the interviews it took many reassurances for them to feel at ease. Most of these witnesses were from areas of the world that have been known to have brutal dictatorships and secret police. I am sure that past experience or knowledge from their homes influenced their fears. I believe many of them have taken jobs here to escape from whatever is happening in their countries. I want to be able to show these people that an experience with the American military will be positive and different than that of their homelands.
9-20-2008 - Fallen Soldiers
On September 18, 2008 Task Force 34 lost 7 soldiers when one of our helicopters went down near Basra, Iraq. What happens to one of us happens in some way to all of us.
Are they dead that yet speak louder than we can speak, and a more universal language? Are they dead that yet act? Are they dead that yet move upon society and inspire the people with nobler motives and more heroic patriotism? ~Henry Ward Beecher
http://www.taskforce34.org/our_fallen_soldiers/index.php
http://www.msnbc.msn.com/id/26764416/
9-22-2008 - Trip to MNC
Ahh, Autumn!! I love the fall, the smell of smoky crisp air, the vibrant trees, and an excuse for a warm fire and apple cider. I hope you all are enjoying autumn. I am enjoying sandstorm and sand flea season. The temperature has dropped here too. Its down to the mid-nineties most days. Good thing too, we wouldn't want the sand fleas getting too hot.
We journeyed to Baghdad recently to visit our counterparts at our higher headquarters. They are housed in Saddam's old palace there. It was my first trip on a Blackhawk since being in theater.
 
Flying over Baghdad you can see areas where reconstruction has begun, nicer areas with trees, some greenery and buildings that actually look habitable. While violence persists, and the country is on the verge of many changes to come, there is progress here within communities towards living life without oppression and terrorism.
In most areas though, the evidence of past violence and current poverty is pervasive. In Baghdad there are miles of dirty streets, bombed out buildings, and slums with trash and debris strewn about.
Once at the palace inside one of Saddam's old compounds, the stark contrast between the life of the average Iraqi (war or no war) and its former leader is at once atrocious and galling. My understanding is that this palace was only one of Saddam's many homes.
Main hall chandelier and gilded tile ceiling
 
Note the soldiers to the right and left. Marble staircase in the hall.
That puts the door in perspective. Don't you have one of these?
View from the balcony outside the MNC-I JAG shop.
I think where they set up used to be a guest bedroom.
The whole military justice section works in an old walk-in closet.
No, its not your imagination, this is a bathroom. It is now also a storage closet. It is made entirely of marble and porcelain. It is so big I could only get half of it in the picture. The room is about 225 sq. ft. with a 20 foot ceiling.
This is "The Throne." It's the military deployment to Iraq equivalent of getting your picture with Mickey at Disney World.
The chair itself has an interesting history. It was given to Saddam Hussein by the late Palestinian leader Yasar Arafat.
The book overhead is the Koran, the Muslim Holy Book. The writing on it states, "In the name of God the Merciful and Gracious: glorifies who traveled his servant (the Prophet Mohammad) by night from Mecca to Jerusalem, that I (God) blessed all around to show him (Muhammad) my miracles, that I (God) am the Respondent and All-hearing."
The writing below the book reads, "Victory from God and victory is soon." The pattern below the writing is that of the Arab head scarf "Al-Ghetra" worn by Arafat. The gold dome is the Dome of Rock in Jerusalem. The writing to the right on the side states, "Jerusalem is ours".
There is no gift like the gift of propaganda, eh?
10-13-2008 - Article 32 Hearing
We conducted the Article 32 pretrial investigation recently on my general court martial case. The Article 32 is an interesting animal. It is similar in ways to a grand jury. When charges are preferred (a formal accusation), the Article 32 investigation must follow in accordance with Rule for Court-Martial 405, which details, among other items, rights of the accused, production of witnesses and evidence. The command initiates the Article 32 and appoints an investigating officer (IO). The investigating officer is usually a Major, an experienced mid-level officer, but not normally a lawyer or a judge (although they can be). This IO, with the help if a legal advisor, investigates the charges and determines if probable cause exists to move forward to court- martial on the charges. The investigation is run like a court hearing with counsel present for both the government and the accused. The government, the accused and the IO can all call witnesses. With a few exceptions the rules of evidence do not apply.
While the Article 32 is in ways advantageous to both sides, it seems particularly advantageous to the defense, who has the opportunity to sample the goods, so to speak, with witnesses and evidence. All government evidence is given to the defense ,and government witnesses are listed in advance. However, the government will normally try to put on only the parts of the case necessary to meet the elements of the offenses to avoid exposing their whole case to the defense pretrial. This leaves work on the part of the defense to conduct their own discovery on the witnesses. This is a good way for the defense to test the strength of the government case. Our current case is pretty strong and pulling more information out of the witnesses only cemented the pattern of misconduct by the accused. The Article 32 was successful and the recommendations of the IO support going forward to general court-martial. The case will now go to referral up at Multi-National Corps- Iraq (MNC-I).
I have worked with two different co-counsel on this case. My co-counsel from the Article 32 is on his way back stateside in a few days, so he will not be with me for trial. I have a new co-counsel from MNC-I. He and I have trouble getting together though since we are in two different locations. He comes here fairly often for other issues so we are able to meet sporadically. This will be an interesting case to try as it involves a consent search, electronic evidence and a recently revised article of the UCMJ. We also have to work with third country nationals and an interpreter. Finding, certifying and using the interpreter causes its own separate set of issues as well.
The majority of my witnesses are from the Philippines and speak Tagalog (the last 'g' is silent). These people drive buses here on Joint Base Balad. I have been very impressed with their demeanor and integrity. They are extremely hard workers. They work for one of our biggest contractors, KBR. These people work every day, normally 12 to 14 hour shifts. Some of them have been here for five years. Most of them are sending money back to their families in their home country.
This case has been a excellent experience with interesting hurdles to overcome. Questioning witnesses through an interpreter is quite the challenge. Often it takes patience and perseverance to question the witnesses thoroughly working through a third party and breaching language and cultural barriers. To complicate matters further, many of the questions I needed to ask were of an intimate nature and caused embarrassment to many of the witnesses.
This case has strengthened my advocacy skills and tested my creative problem solving skills. I am almost looking forward to trial...almost.
10-16-2008 - Al-Basrah (or Basra)
Being an Army Judge Advocate, commonly called (JAG), we are essentially in-house counsel for the Army. Our services take on many diverse advisory capacities. A lawyer can work almost any area of the law as a judge advocate. With few exceptions, our client is that nebulous entity "The Army," and in turn our clients become commanders as agents of the Army. Forming relationships with commanders is one of the most important things for a judge advocate to do. Commanders need to know and trust their judge advocates. I like my commanders to know me. I feel that coming to them to form the relationship is important. I want my commanders to know I take my role as their advisor seriously and that I am available for them when they need me, and even sometimes when the don't know they need me. Legal issues touch all areas of command. A big part of a judge advocate's job is to identify issues and present solutions. The basis for effectiveness is trust. In order to build this trust I have been traveling to different areas of Iraq where we have units to meet with commanders, brief on military justice and discuss legal issues they may have.
My latest trip was to Basra, also known as Al-Basrah. This forward operating base is in southern Iraq, in the vicinity of the Kuwaiti border. The base is run by the British, and things are just different enough to leave you thinking, "We're not in Kansas anymore, Toto."
To its credit, people stationed in Basra seem to like it. Some of them said they prefer it to Joint Base Balad (JBB) despite lack of amenities. I was not one of those people. This experience shed a whole new light on the trailer living and constant F-16 noise of good old JBB. The sleeping accommodations are something straight out of a vampire movie. In a large living tent, there are multiple cinder block pods with walls about three feet high that have a small floor space that barely fits my ruck sack. Over the other half of the pod is an enormous steel plate that covers the area where the mattress is - like a coffin, about three feet above the mattress. I could not even sit up on the bed. This situation requires rolling out of bed to avoid hitting your head, while simultaneously attempting to avoid the dust covered floor. When I arrived in my sleeping tent at about one o'clock in the morning, I guided myself ,with a small flashlight, to an open pod. I chose one with plastic on the mattress in an attempt to avoid a sand flea onslaught. Being a self-respecting American female, the first thing on my mind was bugs. I checked in every crevice, corner and crack at least four times for anything that looked like a spider, scorpion or snake. Still, I was sure something would find me in the night. I slept in my full uniform with my sleeping back fully zipped up and only my head sticking out. I am not afraid to admit it, I was paranoid. Needless to say this was not my best night's sleep, but boy, was I motivated to get up bright and early and head into work!
In the end it was all worth it. Meeting with the commanders and first-sergeants was an important gesture to say to a remote unit that they are supported and help is available when they need it.
After all, I am a lawyer, I' m here to help.
You're probably wondering why I took this boring picture, but this is pretty much what the whole place looks like. Welcome to Basra.
Again with the cement blocks. The British love those things. Each table was surrounded with cement blocks. Note the equipment on the walls behind us. Everyone puts their equipment up while eating. My paralegal and I enjoyed brilliant British Army cuisine. If you're ever in the neighborhood, I highly recommend the chicken curry, and I hear the omelets are good too.
10-21-08 - Reset Day
In theater every day is like the next. The term is Groundfob Day. Ok, I'll break it down for you: it's a mix of Groundhog Day, as in the movie where the day repeats itself again and again, and FOB, or Forward Operating Base. A Monday is a Friday is a Sunday. And yes, I know when its Wednesday because its seafood night and they have crab legs (except at the end of the fiscal year). So far I have managed to take a day off about once every three weeks. I love my weekends just as much as the next person, but here it seems natural to keep on working and working. So yesterday was my reset day (that's deployment speak for a day off). A day away from the office to reset and get back in the game. I had a good day planned. A friend and I had coordinated our reset day so we could get our nails done in the morning at the spa. Ok, so the spa is a trailer that says Beauty Salon run by Army &Air Force Exchange Service (AAFES) where you can get a pedicure soaking in a little plastic dishpan. Saying spa makes me feel better. I never got to the spa. I was called into work for a military justice emergency just after I woke up and spent the day at work. Content by seven pm that the odds of a work emergency two days in a row were slim, I decided to do a second take on my reset day. This time I am on my own. Last night I thought I would wake up go to the gym and then read my book outside Green Bean coffee. I never got there. In fact I barely made it to lunch chow. I've been watching Sex and the City on DVD all day. The truth is I am missing home. I miss my family, my friends, my life. I miss having brunch. I miss grocery shopping. I miss shoe shopping in a store for shoes that don't come in combat boot style. Even being lazy and watching TV isn't the same. I would love to meander into the kitchen in my favorite comfy clothes and get comfort food. Instead I have to force myself to put my uniform on and walk through the rocks and sand to the chow hall. Part of me feels bad for feeling bad. A few days after meeting guys who practically live in their combat vehicles, I'm missing home sitting in my trailer in front of my TV. Just as the guilt is setting in, I remember a conversation I had with one of my coworkers who is on his second tour. His first tour he saw combat, harsh combat. He lost friends. He struggled with this tour, with coming back to war. Only this time its different for him. He's here on the FOB. There's danger, sure, but not back to back missions. No opportunity to lose himself in combat. When he started talking about how his tour is going I expected him to say how easy this tour is compared to last time. Instead I heard, "this time is harder." I was surprised. How could Joint Base Balad with all its accoutrements be harder than sleeping in a tent on a remote dusty FOB where sometimes you don't even have water? "There is so much time here," he said. "Being away is being away. Being in combat every day, focusing on the mission and keeping yourself alive is easier in some ways. There is less time to miss home." Today the truth of this hits me. Partly we're workaholics, but mostly we work everyday so we don't think about what we're really missing.
11-7-2008 - Marriage
My big news about leave is I got married.
What? You got married on leave from Iraq?!
Yes!
Yes, I did!
Surprise! There's a woman under all that camouflage.
11-3-2008 - Thanksgiving
How can one possibly miss home on Thanksgiving with distractions like turkeys made of potatoes, a 15 foot Mayflower made of Pop Tarts and granola bars, a mural made entirely of grits, and 5 foot cakes?! Thanksgiving at the DFAC is like being in the DoD's version of Willie Wonka's Chocolate Factory.
Nothing can compete with homemade food and being with family. But they do succeed in making a holiday in Iraq that will be remembered. The spread is impressive, with choice of ham, turkey or beef, and all the traditional trimmings (two kinds of stuffing, potatoes, sweet potatoes, beans, corn, rolls, desserts of all kinds).
Mural made of grits.
Mayflower made of Pop Tarts and granola bars.
Ok, now when the sign says "Wine Bar", what it really means is sparkling grape juice bar.
The whole cake is about 5 feet across.
12-3-2008 - R&R, Rain, and Rulings
Don't give up on me yet, I'm still here.
I took a brief hiatus to go home on R&R (mid-tour) leave. It was a wonderful break to be home for what was surely the quickest fifteen days of my life. Coming back and settling back into the combat zone has been a rough, rainy adjustment. Its rainy season here still. When it rains here, it floods, every time. The first time it rained it was quite the event. That wore off quickly. I sure can see how an ark would be rather useful here during rainy season. There's nothing quite like navigating a 20 yard mud puddle in the dark on the way to the bathroom. I sure do miss that balmy, dry 100 degree weather...
While I was on leave we were able to get a plea worked out on the general court-martial I have been working on. I had been expecting to prep for a trial on the merits and this was a good development for both sides. The unfortunate part is I had only a few days to prep for providence inquiry and sentencing, and my co-counsel is on leave. I have actually gone through three co-counsels on this case. My first one was at the end of his tour after the Article 32 hearing. My second one went on leave immediately after me, and the one they assigned to me after that was from Corps Headquarters and I still have not met her. She was not able to make the hearing due to multiple travel delays. Welcome to Iraq.
Overall, the hearing went well. All the paperwork and administrative details were in order (whew!). This is one of the huge challenges for a military trial counsel. The Government (me) is responsible for darn near everything about trial, so in addition to preparing the case there is coordination with defense and the judge on all the little details that make the trial run smoothly.
Our biggest logistical problem was setting up the viewing of the pornographic materials in this case. I mention this because its an example of how things in theater are just harder. Pornographic materials are prohibited on government computers. Possession of pornographic materials is also prohibited by soldiers in theater by General Order. Even for trial we must be extremely careful with how these materials are handled and viewed. The files can only be viewed on a scrubbed machine, off the networks, and once files have been viewed the hard drive must be scrubbed to avoid contamination of the network. Originally the judge wanted to view the files in open court. We are actually lucky enough to have a TV in the court room with a combination DVD/VCR. When I say DVD/VCR you can already tell how old the player is. The DVD player did not support playing the type of DVD disk the files were on. We also did not have another DVD player that would support playing the DVD- except on a computer. We went through three stand alone laptops, all of which were so old that they did not have the hardware necessary to smoothly play the disk. All we got were still shots out of the movie file. No one could bring in their personal laptops because this option is also prohibited. The judge did agree to watch the files in chambers and stated that in the future, printing still images of the video could give the same impressions.
One of the things I like best about the military system of justice is that after trial most judges will sit down with both the defense counsel and Government counsel and do what we call in the military an "after action review" or AAR. The judge will discuss with counsel what went well and what can be improved for future trials. This is a great feedback opportunity for counsel to improve their skills and the judicial process.
The Government got convictions on both charges. The judge did not "throw the book" at the accused, but I truly believe justice was served in the case and I am happy for that.
12-26-2008 - Iraq Christmas
At first I thought it was a coincidence that Elvis's "Blue Christmas" has been stuck in my head. It's not. Being in Iraq at Christmas just plain stinks! Now, no one has ever accused me of being the glass half full type. I am admittedly the glass half empty type despite my mother's many attempts to send positive thoughts my way, as well as all manner of daily uplifting quotes. Don't worry, glass half empty people, we make good lawyers. Our innate ability to see straight to the worst case scenario for our clients makes us valuable. (See, I can look at the glass half full!)
We received a tremendous amount of support from our communities and families in the form of cards, boxes, homemade treats, and Christmas decorations. Feeling that support and kindness helps us all get through the season. But, we are still just getting through it. We tried to be cheerful, we really did. In the end though, all the Christmas stuff makes us think more about how far away we are from those we love. We are living the concept that Charles Dickens's Christmas Carol, Dr. Seuss's How the Grinch Stole Christmas, and O' Henry's Gift of the Magi remind us of every year; being with loved ones and taking the time to celebrate the love we have for one another is what makes Christmas special.
At the candlelight service here our Chaplain pointed out that there is truly something special about Christmastime no matter where you are. At that moment, amongst the candlelight and new friends, there was. For a moment the candlelight and Christmas carols transported me back home.
12-30-2008 - Christmas Pictures
In case you're wondering why Santa didn't make it to your house this year, it's because he was in The DFAC in Balad, Iraq, with me.
Angels made of butter, or perhaps it's a poly-unsaturated butter alternative, I'll have to check the contact.
We've got spirit yes we do. We've got spirit how 'bout CHU? (get it, CHU? Soldiers decorated our housing, known as CHUs...oh, never mind.)
Moms, er...I mean Santa, always know just what you need.
1-1-2009 - MRAP
Driving the MRAP
The MRAP is a Mine Resistant Ambush Protected Vehicle. This type of vehicle is pretty common here. A small group of us spent New Year's Day driving the training course and getting vehicle familiarization. We drove the latest and greatest. I was impressed with the engineering research and adaptation these vehicles have gone through over time. Would I feel safe going on patrol in this vehicle? Pretty darn.
That's me in the driver's seat feeling proud of myself for successfully navigating that big puppy around a course of several very small orange traffic cones without knocking any of them over.
I am driving using the video screen instead of the windshield. Heat sensor technology and remote camera allows clear as day vision without relying on lights. My eyes were killing me though. What your mother always told you about sitting too close to the television is true kids.
1-16-2009 - Just Another Day
Well, its just business as usual lately. There has been a lull in military justice cases. Everyone is keeping on task and out of trouble. Legal assistance on the other hand is hoppin'. I see several clients a day and a few on a regular basis. Most cases I have seen are divorce cases. A lot of young couples with short marriages. These short marriages with little to no assets and debts make the legal issues more simple, but there is nothing simple about the emotions these soldiers and family members go through.
I have been frustrated a lot lately trying to access resources. Even with all the modern technology, glitches remain. For instance, none of the Minnesota government sites appear to be compatible with our system here. No one seems to be able to explain this phenomenon. Think of how long it takes you to research a legal issue or pull a resource, now multiply that by ten. That is the frustration level with some of these cases. Not to mention the nine hour time difference to the States...when people give out their phone numbers its 8 or 9 pm my time by the time I can normally reach people (if at all). Even then I get voicemail and there is no number for them to return my call.
Recently, I have been spending a lot of time on a couple very sad cases where children of soldiers have been taken out of the home for neglect or abuse by family members while the soldier is in Iraq. I am very familiar with these types of cases from my years as a Guardian Ad Litem. These cases get to me. There are few things worse than seeing a soldier worrying about the safety of his or her child alongside all the stress and the challenges of a combat zone. Working legal assistance is also rewarding though. Normally you get out of it what you put into it. When I see happy endings for soldiers, it reminds me why I am here.
1-23-2009 - Iraq Broadcast
Tonight (10:30pm Iraq time) I addressed several law schools around the country via satellite link. The main program was hosted by John Marshall Law School's (JMLS) Veterans Legal Support Center & Clinic. JMLS was hosting a program instructing attorneys interested in assisting service members with issues on a pro bono basis. Other schools involved included William and Mary School of Law, Southern Illinois University School of Law, Widener Law School, University of Detroit Mercy Law School, George Mason School of Law, Hamline University School of Law, who linked into the satellite feed. Each school featured the broadcast as part of their own continuing legal education (CLE) program on military issues. Most of the participating schools have legal clinics that assist service members and veterans with legal issues. When I started my job as a full-time Judge Advocate for the 34th Infantry Division, there was only one law school in the country with such a clinic, now there are several. It's great to see expanded interest in these programs. Not only is it a great experience for law students, but assisting veterans with legal issues can support their reintegration into the community, and assist them with a successful future.
To address these audiences, all interested in something close to my heart, assisting service members, was very exciting. I was also nervous. I knew all the schools were doing their own programs and I tried hard to address topics that would be relevant for the whole audience. Although I have done CLEs many times before, they have all been in person. I have had co-presenters and interaction with an audience. This time it was me and the camera. I could not see all my audiences, but they could see me. I was told, "don't forget you are on camera. No touching your face, and don't make too many facial expressions." At the end the hosts posed for a picture with me, only I could not see anything. So, there I am, smiling into the camera, wondering if they are taking the picture or not.
All in all, it was an excellent event. I think a good time was had by all and a lot of learning took place; a partnership I hope we will continue.
http://www.army.mil/-news/2009/01/27/16132-web-cast-from-iraq-to-chicagoland-attorneys/
1-26-2009 - The Ancient City of Ur
Over the weekend a small group of us toured the ruins of the ancient city of Ur, near Nasiriyah, Iraq. The city has tremendous historical significance, as well as religious significance. Before leaving we received a briefing by one of our battalion commanders who is also a geologist. He discussed the natural resources, climate and evolving topography in the area which really put a perspective on the experience. The ruins of Ur are now in the middle of a huge desert. However, at the time when Ur was built, the area was bordered by both the Euphrates River and the Persian Gulf, making it a desirable location for a central city, as villages in Mesopotamia began to consolidate due to lack of natural resources in the area. Around 2800 B.C., Ur became one of the most prosperous city-states. The ziggurat, a type of temple, was built in 2100 B.C. to worship the Sumerian moon god.
Put bluntly, the site is raw. Sir Charles Woolley excavated the ziggurat and the tombs at the site in the 1920s. No additional excavation has been done since that time. Only an estimated 5% of the site is currently excavated. The ziggurat and several other ruins appear to be mostly, if not fully uncovered, but you can see from the panoramic view from the top of the ziggurat that much remains under the sand. During the excavation, Sir Charles Woolley's team found several valuable artifacts. The treasures are divided between the British Museum, the University of Pennsylvania and Baghdad.
I am certainly not an archeology expert by any stretch, but I have been to several archeological sites around the globe and this one is different from others I have seen. I am pretty sure that if archeologists were caring for this site we would not be able to tour it in its current condition. There are large hills of sand around the site from the 1920s excavation. Broken pieces of ancient pottery litter the landscape. Here and there you can find petrified shells from the ocean that once bordered the city. Even a few bones of those who once lived here lay amongst excavated sand. Our tour guide was the grandson of one of Iraqi excavators that assisted Sir Woolley. He was extremely knowledgeable. He seems to be the custodian watching over the site currently, although not in any official capacity.
The buildings were made primarily from fired clay pottery bricks that have survived overall quite well. Natural tar from the area was used as to cement the structures together. One of the structures that has been preserved includes the oldest known archway in the world.
A few old cuneiform writings still exist in the in the bricks. They are tricky to spot, but our guide knew just where to find them.
The ruins of what is believed to be the house of the Biblical figure of Abraham lies in the far corner of the city. Unfortunately, the whole thing looks fairly new except for the foundation. The walls of the house were rebuilt some time in the late 1990s in anticipation of a visit to the site by Pope Jean Paul II. He never came. Saddam Hussein would not guarantee the Pope's safety during his trip to Iraq.
From the photo of these shelves in Abraham's house, one can see the delineation between the original ruins and the new brick.
The trip is a great experience for the soldiers allowed to visit the site. It is an awesome feeling to walk amongst so much history. Moreover, touring the site allows soldiers to see Iraq not as a combat zone, but connect personally with the history and culture of it as a nation.
2-1-2009 - Super Bowl
Soldiers are authorized two beers at designated locations on post, supervised of course.
So, what are we doing for the Oscars?
http://sports.espn.go.com/espn/eticket/story?page=iraq/thompson
One Happy Day in Iraq!
3-17-09 - St. Patrick's Day
As luck would have it, I am still here in Balad. Some of you at home are surely in the midst of dreaming up how to feign illness, get out of work, and hit the nearest Irish bar by noon. I, on the other hand was up at 5:30am on my one day off this week to run the Shamrock Shuffle 5k. Road races have become the thing around here. Hang around for a week or so in theater and you are bound to find two or three upcoming. We can't run free around here, but we can run. So, we do. I have successfully missed all of them so far, but my friend Lisa, the Trial Counsel for the 555th Engineers, was MCing the event, so I felt this was the one I should commit to run. See, I am one of those people who, upon graduation from high school and completion of mandatory PE class thought, "I will never run again." Then I joined the Army. I dislike running less than I used to, sort of the way I tolerate vaccinations. I just don't like to run. I have run my share of 5ks , 10ks and even a half marathon. My shirt drawer is overflowing with t shirts from events like the Wells Fargo Half, the Ed Fitz Ultra Marathon, the Turkey Trot, the Reindeer Run, etc., etc. Nope, I still don't like it. I had a roommate in college who loved to run and she would always talk about a runner's high. I can safely say, I have never had one. People who like running talk about how it gives them time to think, to relax. Relax? Really? When I am running I immediately start thinking about how my lungs kinda hurt, how my hips start to get tight, how I am probably not breathing right, and most importantly when I might be done. At this point you are probably thinking, why is she doing this race at all, and can she please stop all this complaining. The same reason most people do, because its social. The thing about these road races is, at home there are crowds of people along the run route who cheer you on as you go. Although they had the good sense not to run themselves, they clearly like someone in the race enough to get up early, stand on the side of the road drinking Starbucks and say things like, "keep it up!", "you can do it!", "you're doing great." Its amazing how helpful this is. These people have gotten me through many races. Unfortunately these people are not in Balad. Just when the race was beginning to feel like a PT Test, there was a water point, people cheering and a truck with Irish music blaring. Whew.
Me and my fantastic running partner CW2 Hampton. She is a much better
runner than I am, but she ran in the slow lane with me for the race.
At the finish line with festive friends. The Ripper Pub provided near beer
colored green. I did not think near beer could taste any worse. I was wrong.
The 555th Engineers set up one of their portable bridges across the road,
marking the last mile.
3-28-09 - Time is Flying and I am Not Complaining
Well, for starters I made it to breakfast this morning. I was able to have eggs, real eggs, fried hard. I usually take eggs over easy, but here there are not many options. I don't think I have made it to breakfast in months. I am really a breakfast person. Especially going out to breakfast; I love going out to breakfast. Going to the DFAC is not like going out to breakfast, except that I don't have to do the dishes. I went through a phase for a couple of months where I started eating breakfast in the office. That lead to not having breakfast at all. (Yes, yes, I know this is bad.)
Lately I am back to eating breakfast in the office. I have been craving eggs, but I never seem to be able to make the timeframe for breakfast work. When I go to the gym in the morning I am never ready in time to make it to the chow hall, and when I am too lazy to work out in the morning I am also too lazy to get up for breakfast. In Basra when the British were running it ,they had omelets made to order for lunch. Being a fan of the "breakfast anytime" concept, I thought this was a fantastic idea. Why can't an omelet be considered a lunch food?
In any case, my day is starting off well. I cannot tell you where February went, or even the first few weeks of March. Holy Cow! Time has been flying by. I am beginning to get homecoming fever, which is bad since we are not nearly at the eleventh hour yet. This past week has been our busiest of the tour so far. I think it has been a steady incline since the end of January. I have been seeing 2-4 clients a day for legal assistance. This is in addition to military justice actions. These are ramping up as well. We have had a rash of senior leader misconduct. Senior leaders being senior enlisted and officers. Mostly its lieutenants getting into trouble for relatively minor incidents, errors in judgment. We also had a larceny conspiracy involving several individuals. We have been in the middle of those court martials all this week. We will finish these up on Monday. The two individuals who have already been tried received confinement and reduction in rank (two grades). The court martials have been keeping me busy for a while, between the investigation, charging, and discussion with defense counsel. I have to say, my paralegals are great. They work hard and do a good job. That, in turn, makes mine easier, since I can depend on details being handled in the proper manner.
4-2-2009 - Blooming in Adversity
Somehow, despite lack of good soil and water, this lone sunflower managed to grow right outside our building in the rocks. Its tall stalk and bright yellow petals a stark contrast to the pervasively barren, tan landscape. You can see the trees in the background look a little...depressed. I felt so happy about seeing it. To me it was a reminder, a symbol, of what can grow and flourish even in adversity and harsh conditions.
4-11-2009 - Divorce, Divorce, Divorce
Ok let's talk divorce. I cannot overlook the elephant in the room anymore. With legal assistance everything has been divorce, divorce, divorce. Deployment can exacerbate issues in a marriage, or bring underlying issues bubbling to the surface. However, I see many people, service members and spouses alike that use deployment as an excuse to justify giving up on their relationship or cheating on their spouse. Everyone lately has a cheating spouse. While I think this is a common issue (or excuse, as the case may be), this may occur at a higher rate within my current client population. Since February I have been seeing 2-3 people a day for divorce. Most are young soldiers with new marriages, or people who clearly had marital issues brewing before deployment. No doubt deployments are hard from both sides. Separation in a relationship is always a challenge no matter what the situation, deployment especially so because of combat zone stressors that affect service members and their families.
Deployment allows people to temporarily take on a different reality. Two people making up a couple begin leading two different lives, and going through a tremendous amount of stress. Whenever appropriate I try to urge people to wait until they return home before making a life altering decision on their relationship. Perspective during deployment changes. Some people manage to emerge stronger, some people give up.
Right when I was starting to feel completely burned out on divorce drama, in walks a kid who got married right before deployment, both him and his wife are in their early twenties and they have a new baby. He and his wife are fighting a lot and she has been talking about divorce. It became apparent very quickly that he did not want divorce and really just needed to talk. He left our meeting feeling happy and optimistic about working through his marital issues. I gave him a fresh perspective and he did the same for me.
4-29-2009 - Approaching The End
In my free moments all I can think of is home. It's like an addiction. I realized I have learned to shut myself down subconsciously for self preservation. More and more thoughts of home wander into my mind and stick there. If I stay too long, I stop thinking about what I have to do here. I get distracted. Then I get lonely and feel like moping. Focus! Focus! The hard thing is that my husband, my family, my friends are focused on things at home, and me coming home. It's actually hard to discuss home, missing him, missing family. When I do, I start to feel it. To avoid that miserable ache that comes into my stomach thinking of being back at home, and all the things coming up this summer, I work, a lot.
Thankfully, military justice has started to pick up again, severely limiting my free time. Ok, that sort of came out wrong (just because I am a prosecutor doesn't mean I want people to get in trouble)...but we have been very busy, and the days go by so much quicker when we are in constant motion. We had more Article 15 actions this week than we had all last month! Usually during the first 30 days and the last 30 days of deployment, soldiers tend to test the limits more and have more time on their hands. Those Article 15s, coupled with a few Summary Court Martials have made for many late evenings.
In addition to the volume, the nature of the misconduct also created extra work. Several of the incidents were not run of the mill misconduct. All at once we had solicitation (of another to commit a crime), aiding and abetting, misconduct in connection with US Mail, charging a violation of a local city ordinance as a specification under the UCMJ, and theft of services. Often the elements of misconduct charged under Article 15 are apparent straight from the facts of a situation. For instance AWOL or disrespect to a superior officer. Many of these issues left the paralegals saying, "I know this is misconduct, but how do we charge it." It's been exciting seeing the amount of learning going on in such a short time. These issues presented opportunities for the paralegals to work with me on some actual legal analysis and not just pull out facts to plug into a prewritten specification that they know practically in their sleep. It's like watching your kid start to ride a bike without the training wheels. I am proud of them! A fleeting happy distraction.
5-3-2009 - The Replacements
Our replacements will be here in a few days. The theater is changing so rapidly. We are being replaced by a unit that has been in theater already for several months in a different location. What we call a relief in place, a RIP, will be significantly easier since they have already been operating here and know their jobs, the procedures and resources.
Coming to the countdown of going home, I have started looking at my surroundings in Balad in a new way. I tried briefly to think of what I might miss in Balad. The list is short. The things I will miss that cannot be recreated are times with friends I have made here. Moments of camaraderie, empathy and understanding that happens when people bond in stressful times.
Here are some things I will not miss:
1. Dust storms
2. Rancid smells of sewer and garbage that hang in the air and on the wind
3. The 50 meter walk to the latrine (yes, I used my pace count)
4. The smell of the Balad burn pits on said trips to the latrine
5. All manner of insects, flying and otherwise
6. The sound of F16s and helicopters landing 200 meters from my bed
7. Paying $150 a month for mediocre internet service I share with 12 other people
8. Working in a sparse environment not conducive to client service, confidentiality or legal research
9. The endless expanse of gravel and t-walls
10. Working every weekend and holiday
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