By Douglas K. Kinan
Assistant Register, Massachusetts Trial Court

A July 1, 2008, Washington Post story by Joby Warrick concerning a former CIA operative who tried to warn CIA officials about faulty intelligence on the Iraqi weapons program suggests that responsible CIA officials ignored the evidence.  According to his attorney Roy Krieger,  “On five occasions he was ordered to either falsify his reporting on WMD in the Near East, or not to file his reports at all.” Silence, evasion, false denials, ignoring the facts and the evidence and changing the subject are common tactics by government officials who commit high crime against their own government.

So, who’s watching the watchdogs?  Let’s see.

As a former DoD employee, I wrote up the chain-of-command requesting that the DoD Inspector General investigate verified criminal activity by the DCMAE’s Chief Counsel, Bruce Krasker and his former Deputy Counsel, Jerome C. Brennan.

Some of the conduct, funded by millions of taxpayer dollars, included heinous and violent acts against women (and their children), targeting, framing, prosecuting, and punishing innocent individuals, certifying fraudulent promotional certifications which the agency ethics attorney characterized as “criminal,” premeditated and deliberate retaliation, fabricating charges, fabricating official government records, program fraud, witness intimidation, tampering with a witness, prosecutorial misconduct, abuse of power and authority, well-planned discrimination, manipulation of investigations, fraudulent investigations and rewarding cultivated witnesses with jobs, promotions, and awards in exchange for testimony and/or affidavits/depositions that the attorneys and others knew was tainted and/or false.

Concerning two of many employees who were framed and fired for violations they did not commit, the DoD Hotline Director, Leonard Trahan, Jr. rationalized the framing this way: “There were two EEO cases in the District in which Mr. Kinan disagreed with the decisions made by [the Equal Employment Manager] and the DCMDE Chief Counsel. Instead of accepting those decisions “as reasonable people can disagree”, they became a ‘cause celebre’ for Mr. Kinan.”

That the person responsible for DoD fraud, waste and abuse would essentially admit that it is okay to frame innocent individuals (a felony), stand by and watch them anguish for 50 - 60 months and allow them to be stripped of their career and full pension is unconscionable and un-American.  Even worse, for the DoD Hotline Director to look the other way is dangerous to the DoD and the government.  There is no ambiguity in the law.  The law did not intend for any United States attorney to frame innocent citizens.  These two frame-ups (there are many more) were “secretly” settled at a taxpayer cost exceeding one million dollars to prevent the DCMAE’s criminal activity from being exposed.

In a glaring conflict of interest, the DoD Hotline Director’s counterpart and the Assistant Inspector General (AIG) for Policy and Oversight, James L. Pavlik, covered up by conducting a fraudulent investigation, making false official statements and issuing a fraudulent report to deceive Senator Grassley.  Contrary to his sworn duty, Pavlik ignored the facts and the evidence.  And the DoD IG’s General Counsel, Uldric Fiore, Jr., who is responsible for ensuring “independent, accurate and responsible” legal advice and knows that framing an innocent citizen is about the most cowardly and lowest act you can do, continues to ignore Krasker’s verified pattern of felony conduct and his legal and professional obligation to end such practices.

Ready for this?  The chief fraud investigator for the DoD, Richard Race, covered up for his subordinates by also ignoring the facts and the evidence.  On February 19, 2008, this low character individual pleaded guilty to fraudulent banking transactions and on May 2, 2008, was “sentenced” in Judge Leonie Brinkema’s court.

Chief Counsel Krasker who boasted, “We (the Legal Directorate) can do anything we want. It’s called gaming. We can deny, we can delay…dismiss. We can manipulate the system any way we want.” is now in the process of framing DCMAE employee and whistle blower, Kenneth Pedeleose, using the same modus operandi.  DoD Inspector General Claude Kicklighter needs to make a decision:  Will he allow another innocent person (Pedeleose) to be framed or will he put and end to the DCMAE’s crime?

In a March 29, 2008 AP story by Deb Riechmann, President Bush said, “Any government that presumes to represent the majority of the people must confront criminal elements or people who think they can live outside the law.”

Special Counsel Scott Bloch and his Complaints Examining Attorney, Mary Monahan has not yet addressed the DCMAE’s pattern of prohibited personnel practices and verified felony conduct.  And I have not heard back from Attorney General Michael Mukasey concerning the DCMAE’S verified felony conduct.

A March 3, 2008 letter to President Bush requesting a special investigator to investigate the verified pattern and practice of DCMAE criminal activity awaits a response.

Does this resemble American justice?

Mr. Kinan may be contacted at:   DougKinan@yahoo.com   or   (617) 323-6171

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This entry was posted on Tuesday, July 1st, 2008 at 1:32 pm and is filed under OSC Watch. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.