NCFM Member Save Our Heroes Files Complaint against Army Special Prosecutor Major Jenny Sue Schlack

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major-martin-jenny-schlackNCFM Member Save Our Heroes Files Complaint against Army Special Prosecutor Major Jenny Sue Schlack

December 2, 2016

by NCFM

On November 16, 2016, Save Our Heroes Project filed a complaint with several different oversight bodies, involving the actions of Army Special Victim Prosecutor Major Jenny Sue Schlack of Fort Drum New York, who was earlier a prosecutor at Fort Campbell Kentucky.

A number of various oversight bodies were supplied with a copy of the complaint, due to the extent and complexity of the alleged violations that include;

  • Kentucky State Bar
  • USDOJ, Criminal Section, Civil Rights Division
  • S. Office of Special Counsel, Hatch Act Unit [1]
  • Department of Defense, Standards of Conduct Office
  • Commanding Officer, Fort Drum New York

As revealed in the above complaints cover letter and shown below, Major Schlack, then a Captain, went on Facebook rant in September of 2014 directed at U.S. Senator Kirsten Gillibrand.

Facebook post to Gillibrand

Although NCFM may agree with some of the points Schlack made, an Army officer publically using contemptuous language towards a member of the U.S. Senate is inappropriate, if not illegal.

The ‘Hatch Act,’ which was passed in 1939, is a piece of United States federal legislation which prohibits federal employees, employees of the District of Columbia and certain employees of state and local governments from engaging in partisan political activity.  The Act was named after Senator Carl Hatch of New Mexico, [2] and includes certain restrictions for members of the Armed Forces, requiring them to state that their political opinions are of their own and not that of the military.

All of which Schlack should have known as a JAG officer and licensed attorney, yet in a fit of rage she labeled U.S. Senator Gillibrand (NY) “self-promoting, pretentious, self-interested…a coward… an idiot.” Regardless, Gillibrand is largely responsible for the sad state of affairs in the military justice system, especially with respect to allegations of sexual misconduct.

Her rant points to a toxic work environment for male soldiers adding that they avoid one-on-one private professional contacts with her. Schlack wrote, “men won’t have closed-door discussions with me anymore… because of politicians like you [Gillibrand],” making it more difficult for her to do her job.

Contemptuous language directed at a sitting member of the U.S. Senate is prohibited by Title 10, U.S. Code, § 888, or Article 88, UCMJ – Contempt Toward Officials. Offenders SHALL be punished as a court-martial may direct; the person charged so charged SHALL be dismissed from the armed forces, give up all allowances and pay and be confined for one year.

In 2012, Camp Pendleton Marine Corps Sergeant Gary Stein with nine years of service, was forced from the Marines, receiving an ‘Other than Honorable Discharge,’ losing all benefits for negative Facebook postings that were directed at the President [3] [4] . Schlack should suffer a similar fate; however, we suspect that will never happen for no reason other than she is female. She should be peeling potatoes in Leavenworth.

Major ‘Kit’ Martin filed a Kentucky State Bar complaint against Schlack, a case (Kit Martin’s) that we have extensively covered, which in turn caused over 100 articles to be written at other social media and websites.

In that case, Major Martin approached Schlack, then a Captain, who unbeknownst to Major Martin, recently switched from being a defense attorney to a prosecutor.  Major Martin began discussing his case with her. Schlack did not tell Major Martin she had been reassigned and was a prosecutor. She also failed to advise him of his Booker rights – his right to counsel.  Although Major Martin did not say anything incriminating, Schlack immediately wrote a memorandum detailing their conversation, which Major Martin did not learn about for several months.

It seems Schlack is not stranger to deceptive techniques and inflammatory language.  In early 2016, Schlack, now a Major, in her capacity as a Special Victim Prosecutor, prosecuted West Point Cadet Lukas Saul [7]. The prosecution fought vigorously to keep out of evidence a series of text messages proving Saul’s innocence. After contentious courtroom debate, the evidence was allowed and Saul was acquitted. Regardless, a young man’s hopes and potentially successful military career was destroyed.

In that case, Lieutenant Colonel Chris Kasker, West Point’s director of public affairs, said in a statement released after the verdict.

West Point takes all allegations very seriously, in this particular case, a court-martial was held to find the truth, and the panel has determined Cadet Saul is innocent of all charges. All the facts were presented in a full and open hearing and the issue was resolved in a manner consistent with military law and due process requirements.”

On the contrary.  The court-martial of Saul was not to decide the truth, but rather to suppress it to cause a conviction.  Why did investigators and the prosecution ignore requests by defense counsel regarding Saul’s text messages?  Why was it necessary for Saul’s defense counsel to fight prosecutors for evidence they had about Saul’s innocence. The evidence, text messges, should have been turned over to the defense during the investigative stage?  Why did they fight so hard to keep those text messages from the eyes and ears of the panel (jury)? Saul should never have been prosecuted.

During the court-martial, Prosecutor Schlack using inflammatory language, described Saul as a Jekyll-and-Hyde [8] type with a darker side he showed behind closed doors, but apparently failed to notice text messages from the accuser to Saul for 69 days after the alleged incident that revealed that she was still in love with him.

This is not an isolated occurence. There is a rapidly growing body or evidence pointing to a pattern of malfeasance in the Army’s handling of alleged sexual misconduct cases.  Ignoring and suppressing evidence, threatening witnesses, facilitating lucrative transitional victim [sic] compensation packages and providing Special Victim Advocates (attorneys) for alleged victims. If this political climate existed in the New York Police Department during The Knapp Commission [9] inquiry into NYPD corruption, whistleblower NYPD Detective Frank Serpico, would have been prosecuted for bribery and corruption.

Male soldiers, in effect, are now facing a phenomenon similar to the “Black Codes,’ or ‘Jim Crow’ laws adopted shortly following Civil War Reconstruction. During which time it was not uncommon for black men to be beaten or hung over an allegation of rape by a white female. Regardless of ethnicity, today’s male soldier may not be hanged, but a mere accusation of sexual misconduct is enough to destroy a career. Any man will do. No corroborating evidence required.

We are fully aware sexual assaults in the military happen. When sufficient evidence exists, offenders should be held accountable in accordance with applicable laws and respect for the Constitution and due process. That includes a malicious false accuser who is the real offender, as is their target the true victim.

We are hopeful that new leadership in the Pentagon will fast reform the injustices of military criminal prosecutorial systems, much of which has recently been politicized and corrupted with little or no respect for Constitutional protections.

We are also hopeful that one or more of the many oversight entities named in our complaint will hold Schlack accountable for one or more instances of her misconduct, though it’s easier for them to sweep the dirty mess under the proverbial rug.

The Save Our Heroes,  a nonprofit organization, is taking the lead in working with falsely accused members of the military, regardless of the branch. SOH aggressively seeks incidents of military prosecutorial misconduct. Cases are extensively reviewed and investigated. In the last few months over 150 cases have been identified for consideration. The organization also lobbies for law reforms and files complaints, as proper and applicable.

SOH has a team of highly motivated men and women, educated and skilled military enlisted and officer Veterans, attorneys, advocates, investigators and other professionals who are well-organized and determined to help the falsely accused or prosecuted. Please donate to help their efforts. You can give online here: http://www.saveourheroesproject.com/donate.html

References/Links

[1] https://osc.gov/pages/hatchact.aspx

[2] https://hatchact.uslegal.com/

[3] http://usnews.nbcnews.com/_news/2012/04/25/11394219-marine-who-criticized-president-obama-on-facebook-to-be-discharged

[4] http://humanevents.com/2012/04/25/sgt-gary-stein-marine-dismissed-from-military-over-facebook-posts-says-he-would-like-to-do-talk-radio/

[5] deleted

[6] deleted

[7] http://www.avoiceformen.com/feminism/government-tyranny/west-point-cadet-acquitted-of-sex-assault/

[8] http://www.syracuse.com/state/index.ssf/2016/01/west_point_cadet_from_ithaca_acquitted_of_sexual_assault.html

[9] http://www.nytimes.com/1994/07/07/nyregion/corruption-uniform-excerpts-what-commission-found-loyalty-over-integrity.html?pagewanted=all

national coalition for men

NCFM Member Save Our Heroes Files Complaint against Army Special Prosecutor Major Jenny Sue Schlack

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