The Complex

Did The Marines' Top General Stab Another Four-Star In The Back?

It has been a long year for Gen. James Amos, the top officer in the U.S. Marine Corps. In addition to facing massive budget cuts and an unpopular drawdown in forces, his service has been rocked by allegations that he and other senior members of his staff deliberately sought to wrongfully influence the disciplining of eight Marines implicated in an embarrassing war-zone video that showed scout snipers urinating on dead Taliban fighters in Afghanistan.

The allegations just got worse. A new complaint filed with the Pentagon's inspector general Tuesday accuses the commandant of an "unlawful act of reprisal" against a fellow top officer. The complaint, filed by the lawyer for one of the implicated Marines implicated, Capt. James Clement, accuses the commandant of instructing colonels and lower-ranking generals in the Corps to "push back" against the expert testimony of one of the expert witnesses in Clement's case. The witness isn't named, but the lawyer, John Dowd, confirmed for Foreign Policy that it is Gen. John Kelly, another Marine four-star officer who runs U.S. Southern Command.

In other words: a four-star general, Amos, is accused of orchestrating a campaign to discredit another four-star general's sworn testimony. And Amos allegedly asked other generals to carry out that campaign.

Dowd declined to elaborate, citing the sensitivity of his complaint, which was first reported by Marine Corps Times on Wednesday night. But his allegations offer a beyond-rare glimpse into the military's senior ranks and the sometimes-terse disagreements that can occur there. Fights between top generals almost never break out in public. Having one erupt as part of a court case is even more atypical.

A spokeman for Amos, Lt. Col. Dave Nevers, declined to comment on the complaint, citing respect for the open investigation. However, he provided a brief statement from the commandant himself.

"I have the utmost respect for General Kelly," the statement said. "His support for the military justice system is precisely what I expect from my General Officers and all Marines."

Kelly could not be reached for comment.

The new allegations underscore the continued volatility surrounding the scout sniper cases. This summer, a three-star general, Lt. Gen. Thomas Waldhauser, alleged in a sworn statement that Amos removed him as the convening authority overseeing the snipers' discipline because Waldhauser was not willing to "crush" all of the Marines involved. Amos wanted them all thrown out of the service, it alleged. Critics allege that amounts to actual unlawful command influence, in which a commander attempts to deliberately and illegally sway the military justice system.

Marine officials acknowledge Amos removed Waldhauser from the position after they spoke, but said he did so because he didn't want his conversation with the three-star officer to be perceived as getting involved.

Clement was the last of the eight Marines to face discipline in the cases. He was not accused of urinating on anyone, but was charged with dereliction of duty and conduct unbecoming an officer after the investigation into the video because it was Marines on patrol with him from 3rd Battalion, 2nd Marines that relieved themselves on dead insurgents in Musa Qala, Afghanistan, on July 27, 2011. It was posted online anonymously in January 2012, creating an international firestorm.

Prosecutors alleged that as the only officer present, Clement should have stopped some of their other alleged misbehavior that day, including "indiscriminate firing" in a firefight. That's even if he did not know the video was being recorded.

The cases for many of the Marines implicated took on a new spin in March when Maj. James Weirick, a staff judge advocate at Quantico, Va., filed an explosive whistle-blower complaint with the Defense Department inspector general alleging that the commandant, or senior members of his staff, meddled illegally in the prosecution of the urination video cases to ensure harsh punishment, and then sought to cover it up by illegally classifying information.

Weirick also alleged that Amos showed preferential treatment to make sure the number two officer in the battalion, then-Maj. James B. Conway, was cleared of wrongdoing and promoted, even as the battalion commander, Lt. Col. Christopher Dixon, remained on an administrative hold pending the results of all the cases. The whistle-blower questioned whether that was because Conway's father, retired. Gen. James T. Conway, preceded Amos as the Marine Corps commandant.

With the Pentagon investigating Weirick's allegations, the Marine Corps dropped the criminal charges against Clement in July and elected to take him instead to an administrative board of inquiry to assess whether he should be allowed to stay in the service.

Gen. Kelly, the U.S. Southern Command chief, testified on his behalf, and said he thought the battalion's top leadership -- not Clement -- was to blame for the lax standards in the sniper unit, according to Marine Corps Times. That was perceived by many as a rare act in which a general officer came out against the commandant. Kelly contended that Clement was owed an apology for the treatment he received. He could not be reached for comment.

Dowd brought all that up in his new complaint to Pentagon investigators. He alleges the "expert testimony" -- Kelly's -- played a key role in misconduct allegations being dropped against Clement, although he was forced out of the Corps with an honorable discharge. The commandant responded in kind, Dowd alleges.

"In an unlawful act of reprisal, the Commandant urged his subordinate Colonels and Generals to push back against one of the expert witness," Dowd alleges. "Fortunately, these fine Marines declined."

Dowd continues in dramatic fashion.

"They understood that our system of justice is not the underworld where witnesses are regularly intimidated, harassed, depicted as killers and punished for their lawful testimony," the complaint says. "But that is exactly what the unlawful command influence of the Commandant and his counsel has produced and this is why the Colonels on that Board did exactly what the CMC ordered: throw James Clement out of the Marine Corps despite overwhelming evidence to the contrary."

Marine officials have insisted that the military justice process for all Marines disciplined in the case has been preserved. They also denied Conway was given preferential treatment in the investigation. He was promoted and is now the commander of 2nd Battalion, 3rd Marines, in Hawaii.

Dixon, the battalion commander, remains on administrative hold, meaning he has not been promoted or taken commander of another unit. Before the controversial video was posted online, he was selected for promotion to colonel and a highly regarded top-level school assignment at the Justice Department in Washington - a quick path to becoming a general himself, in the eyes of many. He was not allowed to attend, however, and was bypassed again this summer for any similar assignment.

A Marine spokesman, Col. Sean Gibson, told Foreign Policy that Dixon is now the operations officer at 2nd Marine Division headquarters at Camp Lejeune. He has not been forced to face any formal kind of discipline. An administrative board will determine his future.

Weirick, the whistle-blower and judge advocate, also has faced trouble. He was removed from his legal position at Quantico after sending a harshly-worded email to Peter Delorier, one of the commandant's civilian attorneys. According to Weirick's lawyer, Jane Siegel, he is now a training officer at Quantico, working in a job typically held by a junior officer.

Robert Hogue, the commandant's top civilian attorney, told Marine Corps Times that Weirick's email was considered threatening, and said the "bizarre nature of the communications" in the case needed investigation. In the email, the whistle-blower urges Delorier to come clean on what he knows, and warns that no one "can offer you protection from Weirick."

Weirick has since been cleared of any mental defect in a voluntary exam, Siegel said. Senior Marine officials questioning his sanity was a clear attempt to discredit him, she said. Weirick expects to meet with inspector general personnel later this month to discuss the actions, his lawyer said.

"They want him out of the limelight and to reduce his credibility as much as possible so they can limit their liability to the allegations of misclassifying evidence," Siegel told Foreign Policy. "This is a full-out attack on a Marine who was trying to do his job."

Marine officials have declined to comment on Weirick's initial IG complaint and the accusations of reprisal he has made since, citing the open investigation.

Inspector General complaint filed against Gen. James Amos by Dan Lamothe

D. Myles Cullen/ U.S. Army

The Complex

'Yummy … Daddy Like': How the Feds Took Down Another Navy Officer in a Sprawling Bribery Scandal

It was October 2009 when Navy Cmdr. Jose Luis Sanchez and Malaysian CEO Leonard Francis exchanged messages online about a trip Sanchez was planning to Malaysia and Singapore with his Navy buddies. The two men discussed the number of prostitutes Sanchez and his military friends -- nicknamed the "Wolf Pack" -- would encounter. Sanchez asked Francis to send pictures of the women. The CEO promised to hook the men up with a "nest" and some "birds," exciting the Navy officer.

"Yummy ... daddy like," Sanchez replied in an Oct. 19, 2009 message on Facebook.

Those accusations are at the heart of the case against Sanchez, 41, who became the fifth man to face charges in the widening scandal involving Francis's company, Glenn Defense Marine Asia, and the military officers he allegedly bribed in exchange for classified information about the Navy. Sanchez was arrested Wednesday in Tampa, FL, according to the U.S. attorney's office. He is accused of accepting prostitutes, hotel rooms in fat-cat hotels across the Pacific, and $100,000 in cash for giving up secrets.

Sanchez is the third senior Navy official charged in the case. Already charged are Navy Cmdr. Michael Vannak Khem Misiewicz, 46, and John Bertrand Beliveau II, 44, a supervisory agent at Quantico, VA, with the Naval Criminal Investigative Service. Francis, 49, and another executive at Glenn Defense, Alex Wisidagama, also have been charged in connection with the scheme, in which Francis's company allegedly used the information they gathered leaked by Navy officials to defraud the U.S. military of millions of dollars.

"According to the allegations in this case, a number of officials were willing to sacrifice their integrity and millions of taxpayer dollars for personal gratification," said U.S. Attorney Laura Duffy. "While the overwhelming majority of the 400,000 active-duty Navy personnel conduct themselves in a manner that is beyond reproach, we and our law enforcement partners at Naval Criminal Investigative Service and Defense Criminal Investigative Service continue to investigate the allegations of fraud and corruption that tarnish the stellar reputation of the U.S. Navy."

The scandal has rocked the Navy's 7th Fleet, headquartered in Yokosuka, Japan, just as it was set to boost operations in the Pacific. And it's unlikely the probe will end there. Court documents in the cases of both Misiewicz and Sanchez say that other unidentified Navy personnel were aware of malfeasance, and either did nothing or participated in the schemes. In one example, the criminal complaint against Misiewicz says he attended a Lady Gaga concert on May 25, 2012 with other Navy personnel who visited Laem Chebang, Thailand, during a port stop by the Blue Ridge, the command ship of the Navy's 7th Fleet.

Francis allegedly purchased the concert tickets and paid for prostitutes for the men who attended, according to Misiewicz's complaint.

"Don't chicken out bro we need u with us on the front lines J ... Who can we trust in the Office for Lady Ga Ga?" Francis said in a May 2012 email to Misiewicz, prosecutors allege, noting the playful use of emoticons in the message. "Tickets are not the issue who will keep silent :)"

Beliveau is accused of passing information about NCIS's investigation into Glenn Defense to Francis in exchange for prostitutes, airfare, posh hotel rooms, and a laptop computer for Beliveau's girlfriend. In particular, it outlines one trip Francis allegedly arranged for Beliveau in March 2011 to Bangkok, Thailand.

"According to one email, Francis asked: 'Joyce your kinda Babe'? Beliveau replied 'Nice. You bet. Hopefully I'm her kinda guy, hehe,'" the criminal complaint against him says. A photograph of the woman was allegedly attached to the email.

The complaint against Sanchez includes similar allegations. Prosecutors say he received $100,000 cash from Francis's company in January 2009, and continued to share sensitive Navy information with him until earlier this year. It included internal information that Glenn Defense used to its advantage while servicing U.S. ships. The company has locations in Japan, Singapore, Thailand, Malaysia, Korea, India, Hong Kong, Indonesia, Australia, Sri Lanka, the Philippines, and the United States, and deliberately overcharged the Navy while "husbanding" the ships, providing food, fuel, water, waste removal, and other tasks, prosecutors say.

Sanchez's complaint also has a variety of specific allegations regarding the officer accepting prostitution. Francis is accused of emailing a woman in Indonesia early in March 2011 to arrange prostitutes to meet Sanchez, another unidentified Navy commander, and two other men in Singapore.

"One of the emails described one of the 'girls' as 'Alda 167 cm [height] 36b [bra size] very young n still study, 17 yr," the complaint says. Francis later sent an email cancelling the planned meeting due to a tsunami in the region that allegedly kept Sanchez and his friends away from Singapore, prosecutors say.

Later that month, however, Francis sent Sanchez an email containing a picture of one of the prostitutes that had planned to meet the Navy officers in Singapore, court documents say. A brief message was attached: "I miss you BABE :)." Sanchez allegedly emailed the Glenn Defense CEO back the same day, saying "Nice pictures.....Brings back good memories :)."

In July of that same year, Francis allegedly arranged for prostitutes to meet with Sanchez again the following month in Singapore and Jakarta. He followed up with one of the women when Sanchez arrived in Manila, asking if she had met Sanchez, prosecutors say.

"I'm with h[i]m already heehhe," she responded on Aug. 28, 2011, according to court documents.

The complaint against Sanchez also raises questions about suspicious cash deposits that were made in the officer's bank account, including $10,000 by his wife this year on Jan. 28.

Navy officials and prosecutors have declined to discuss the cases, citing the open investigation. However, Rear Adm. John Kirby, the Navy's top spokesman, said in a statement Wednesday night that NCIS agents first uncovered wrongdoing in 2010 and began investigating.

"They have since been actively coordinating with other law enforcement authorities," Kirby said. "The Navy expects our leaders to uphold the highest standards of conduct and professionalism. As the work of this investigation concludes, we will make public as much information as possible. But we will do nothing to prejudice or preclude the important work investigators need to do and are doing. In the interim, the Department has taken administrative action to protect itself from GDMA, to include suspending GDMA from future contracting and discontinuing existing contracts."

U.S. Navy