NCFM, Fake Sexual Assault Allegations Nearly Derail Appointment of U.S. Air Force General John Hyten to Vice Chairman of the Joint Chief of Staff

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John Hyten

August 25, 2019

By NCFM

In one of the most astonishing cases of false rape allegations in the U.S. Military, this one nearly derailed the appointment of a top military officer and wasted millions in taxpayer funds.

U.S. Air Force General John Hyten has been nominated by the President to serve as the vice chairman of the Joint Chiefs of Staff — a position that directly advises the White House and is the second-highest ranking officer in the military.General Hyten

His confirmation however was delayed by an allegation of sexual misconduct from a female Army Colonel who has been deemed a toxic leader with a lengthy history of psychological maladjustments including suicide ideation and suicide threats.  Defense One dot com reported that Army Colonel Kathryn Spletstoser, “had bullied her coworkers and subordinates; displayed unprofessional, unethical, and unbecoming behavior for a senior officer; and left a trail of bodies in her wake,” more than a year prior to her making the fake sexual misconduct allegation.

Thankfully, as of the writing of this post, General Hyten has in fact been confirmed.

Colonel Spletstoser attempted to derail General Hyten’s nomination via lurid false allegations of sexual misconduct; General John Hytenclaiming without evidence that he had sexually assaulted her.  She had previously made dozens of unsubstantiated claims against Hyten and others at the U.S. Strategic Command.

The Wall Street Journal reported that Colonel Spletstoser made 34 different accusations against the Strategic Command hierarchy: 24 against the chief of staff, six against Gen. Hyten, two against his deputy commander, and two against the officer who investigated her.  Charges ranged from conduct unbecoming an officer to misuse of a government cellphone.  None of these previous accusations involved sexual misconduct.  None were substantiated by the Army’s Inspector General’s Office, and the Pentagon’s Inspector General’s Office.

One of Colonel Spletstoser claims was that she did not want to travel with Hyten due to his unwanted sexual advances.  But multiple witnesses claimed she became livid after Hyten told her she was prohibited from traveling with his detail until her toxic-leadership investigation was resolved.  Her screams from his office were loud enough to alarm General Hyten’s personal security detail, who rushed to the office.

A team of 53 investigators were unable to find any corroboration for her allegations.  This did not include the number of support personnel, clerks, paralegals, JAG personnel, personnel in the chain of command, medical personnel, or those in the Senate Armed Services Committee who also conducted their own investigation and review.  That number could easily reach 200 or more.  There were 63 people who were interviewed, in three countries and 14 states, reviewing more than 196,000 emails, 4,000 pages of documents, 152 travel records, and phone records dating back to 2015, including conducting costly forensic tests.  An effort nearing the effort expended on the Oklahoma City Bombing.

In official reports, Spletstoser was described as a toxic leader; demonstrating bizarre behavior in the early months of 2018, prior to her allegations against Hyten.  She also sent suicide notes to colleagues and told General Hyten over the phone of her suicidal ideation.

Despite thousands of wasted labor hours and millions of dollars of wasted taxpayer expense, one of the most diligently investigated cases of military sexual assault, found and determined that the allegations were without merit.

The question that we all must ask our legislators; is if Colonel Spletstoser will be criminally charged with a multitude of UCMJ offenses?  Will she be held to account for the vast fraud that she has perpetrated on the military; the country, and most importantly, General Hyten and his family, and the degrading inquisition they had to endure?

The simple answer to those questions will probably be, NO.

What is not known to the public is that this case, is by no means an aberration.  In fact, it is the norm.  What is rare in allegations of military sexual misconduct, is an unbiased investigation seeking out the facts.  The trend, for a number of years now, follows the ‘Start by Believing’ investigative mantra, which by default, assumes that the allegations are true, thereby no effort would be expended to seek out exculpatory evidence of innocence, and if found, would either be ignored, glossed over, or not provided to a defense team.

There were of course, the usual gaggle of legislators; the Gillibrand’s, the Hirono’s, the Spier’s, and the various enablers in the fake military rape cottage industry whose shrills of ‘women MUST be believed;’ whose hallucinations see rapists in the military behind every tank, Humvee and in every foxhole.

The truth however is that false allegations of rape in the military is THEE most falsely reported crime in the military, due to its generous financial and social benefits and due to the fact that there is absolutely ZERO accountability for false accusers.

Yes….. there are sexual assaults in the military, and no one is going to deny that.  However, the pandemic of false allegations; the outrageous enabling of false accusers by military investigators and prosecutors; the staggering level of unlawful command influence; the absolute lack of accountability for false accusers and those who enable them, tremendously hurts true and actual sexual assault victims.

While there are no statistics to quantify the rates of false military sexual misconduct allegations, many advocates and analysts opine that the rate of false allegations in the military to hover around 80-90%.  Various attempts to quantify and obtain accurate statistical data on the actual problem of military sexual misconduct by the military have been ignored.  Rather; legislators and the purveyors of exaggerated sexual misconduct occurrences, simply spout non-existent figures and labeling all servicemen as potential rapists who must be trained like circus monkeys, not to rape.  Kinda like that 1 in 5 college thing that has been debunked countless times over as pure unadulterated nonsense.

In perspective, major league baseball counts and quantifies everything.  How many fastballs were thrown to left-handed batters; how many hits landed in the gaps in the outfield, batting averages, home runs, ERA.  These detailed statistics are used to improve the quality of play of a team.  Why can’t there be a reasonable quantitative compilation to accurately assess in what scenarios are the most and prolific allegations of sexual misconduct occurring in the military?

The answer is there won’t.  There is no interest in assessing where and how the allegations originate.  The only thing that matters are heads served up on a platter.  Think of the Salem Witch Trials on steroids and crack.  That is what is truly happening in the military.

Available online military criminal case public record databases reveal that over 50% of all military court martials involve allegations of sexual misconduct.  In many instances, well over 50% and in one recent review of the Military Academy at West Point, over 90% of the court martial cases involved sexual assault allegation cases.

In one recent case involving West Point, an Army Criminal Court Appeal’s panel ruled that a former cadet’s conviction for sexual assault was factually insufficient and reversed his conviction, but not before the cadet was wrongfully incarcerated for two years.  Thankfully, he has been allowed the option to return to West Point to finish his education and career.

There were the usual outrageous shrills from the usual cast of legislators and enablers that this sends a terrible message to ‘survivors.’  The truth however is that this appeals panel reviewed thousands of pages of documents in the case, including all court martial transcripts, for over seven months before reaching their unanimous decision.

The most common fake rape scenarios involve high conflict divorce and custody battles, relationship break-ups, alcohol fueled hook-ups that don’t develop into relationships, psychological maladjustments, those who attempt to deflect from their own misconduct, financial incentives, immediate reassignment incentives, and social status in the #MeToo and current victim culture.

In this case….. NO, Colonel Spletstoser is not a victim; she is not a ‘survivor.’  She is a liar; and according to countless news media reports, an individual with significant psychiatric issues who has defrauded the U.S. military and the American public, wasted millions of dollars taxpayer funds, and defamed a well-respected and honorable military leader; General John Hyten.

Colonel Spletstoser must be held to account for her lies; for this outrageous fraud and must face the full wrath of the UCMJ.  She must face a court-martial and just like anyone else accused of a crime, must be afforded all rights were denied to General Hyten, and if found guilty, must serve the same amount of time that General Hyten would have faced if convicted, and she must be forced to repay the American taxpayer for the tens of millions of dollars that she wasted.

What kind of disruption did Colonel Spletstoser cause to military operations and efficiency that caused the delay in the confirmation of the office of the Joint Chiefs of Staff Vice Chairman?

In June of 2018, NCFM filed a complaint with the Department of Defense, Office of Inspector General (linked below) asking for an investigation concerning the false allegation of sexual misconduct of Navy Admiral Ronny Jackson M.D., who at the time, served as the primary medical doctor for the president.  The allegations were made by Dr. Jennifer Pena, believed to be an Army doctor and Captain, and who had made previous false allegations.  The allegations were investigated to the hilt and no wrongdoing was uncovered.  The allegations and the prospect of having to undergo a ‘Kavanaugh’ style inquisition by the Senate during the confirmation process resulted in Admiral Jackson removing himself from consideration for the position of V.A. Secretary.

Admiral Jackson was nominated specifically for that role due to his integrity and his overwhelming desire to vastly improve the much-beleaguered V.A. health care system.  Imagine if you will, the false allegations of ONE woman disrupted and stalled the overhaul of the primary health care system that serves over 8 million veteran servicemen and over 800,000 veteran service women.

The V.A. health system has been plagued by gross mismanagement and substandard care which has resulted in numerous veteran suicides and deaths who could not get timely or adequate care.

The DoD, Office of Inspector General never responded to NCFM’s request for an investigation, nor do we have any knowledge, nor are there any news reports that Dr. Pena was ever sanctioned.

What happened here, happens every day in the military across the globe, but those cases don’t get the media scrutiny that this case has.

One must wonder just how many hundreds, or perhaps thousands of service members who have been wrongfully convicted and incarcerated, in the military’s current ‘witch hunt’ to obtain convictions by any means necessary.

There is a culture in the military; a culture of cowardice.  Not cowardice on the battlefield, but cowardice on the part of military commanders whose responsibilities are to make decisions on whether to prefer charges involving allegations of sexual misconduct.  Fearing intense scrutiny from Congress and the very likelihood that their next promotion would be stalled or missed; other than a handful of occasions, general officer convening authorities routinely send cases of sexual misconduct allegations to a court martial, even when facts and probable cause are absent.

In many of these cases, civilian authorities declined to prosecute for the same reasons, and many of these cases do not have sufficient probable cause to reach the front door of a courthouse.  Yet, similar absurd allegations not only result in the referral of charges but result in convictions and incarcerations.  As such, military appellate courts are overturning wrongful convictions at staggering rates.

There is a need for a massive overhaul of the military justice system, especially involving allegations of sexual misconduct.  All would agree that sexual harassment and assault have no place in our military, but the reality is that what is currently happening is an aberration; a system that presumes guilt, a system that ignores or glosses over evidence of innocence and a culture of cowardice among many general officer convening authorities who are more concerned with congressional backlash and the potential loss of promotion if they do not send virtually every case of this type to trial.

There is an IMMEDIATE need for the formation of a military conviction integrity and accountability unit to review potential cases of wrongful convictions, as are happening in many major city and county prosecutor’s offices.  Prosecutorial misconduct and wrongful convictions are occurring at staggering rates across our country.  Disingenuous, dishonest and unethical prosecutors and convening authorities, in both the military and civilian justice systems where the data and countless news media stories reveal that this is a growing epidemic.

In cases of allegations of military sexual misconduct, common sense is virtually non-existent as is the presumption of innocence, and the protections afforded by the Constitution.  Shouldn’t our service members be afforded the same rights and protections that they all have sworn an oath to protect, and many have died to uphold?

The answer to that question is an obvious yes, however in the current #MeToo and victimology culture, the small army of fake rape enablers and the hysterics in the legislature would say no; that a serviceman should and must be convicted solely based on allegations alone.

Does that bother anyone?

If not, it should. Colonel Spletstoser should be in the brig and receive serious psychological counseling after being stripped of rank and dishonorably discharged.

 

References/Links

https://thefederalist.com/2019/08/16/report-hyten-accuser-told-to-cease-threats-and-treat-anger-issues-months-before-sex-claims/

https://www.defenseone.com/politics/2019/08/generals-sexual-assault-accuser-was-deemed-toxic-self-centered-abuser-new-docs-reveal/159252/

https://admin.govexec.com/media/gbc/docs/pdfs_edit/29_july_2019_updated_media_release_redacted_web.pdf

https://www.newsweek.com/toxic-leadership-concern-among-senators-lingers-trump-nominee-denies-sexual-assault-claim-1451787

https://taskandpurpose.com/investigation-clears-hyten

NCFM Files Complaint with Department of Defense, Office of Inspector General, Asks for Investigation of Army Doctor Jennifer Pena, the Source of False Allegations of Admiral Ronny Jackson

https://www.airforcetimes.com/pentagon/2019/08/16/osi-found-no-proof-of-unprofessional-relationship-in-hyten-sexual-assault-investigation-polygraph-was-inconclusive/

https://freebeacon.com/politics/retired-major-general-sexual-assault-allegations-against-hyten-lack-merit/

https://www.wsj.com/articles/the-truth-about-gen-john-hyten-11565214500

https://www.dailywire.com/news/50465/air-force-general-nominated-trump-accused-sexual-ashe-schow

https://www.jagcnet.army.mil/Apps/ACCAOpinions/ACCAOpinions.nsf/SD/9EE2E42F14CD0F0D8525840F00464C40/$FILE/sd-whisenhunt,%20jd.pdf

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NCFM, Fake Sexual Assault Allegations Nearly Derail Appointment of U.S. Air Force General John Hyten to Vice Chairman of the Joint Chief of Staff