Military

(c) Image by Juri H. Chinchilla.

On August 7, 1782, near the end of the American Revolution, General George Washington created the Badge of Military Merit, the precursor to the Purple Heart. Today, the Purple Heart is awarded to members of the U.S. armed forces who are wounded or killed in action. This week, On Remand looks back at the Purple Heart’s evolution, and the stories of two men who proudly wore the medal. But had they earned it?

Breaking with the European practice of honoring only high-ranking officers, General Washington recognized that in America “the road to glory in a patriot army and a free country is… open to all.” So, Washington created the “Badge of Military Merit” for remarkable or extraordinarily loyal soldiers. Per Washington’s instructions, the badge depicted a purple heart with lace trimming to be worn over the left breast. After the Revolutionary War, however, the award faded away.

In 1932, to commemorate Washington’s 200th birthday, General Douglas MacArthur revived the Badge of Military Merit as the “Purple Heart.” At that time, injury in battle was just one consideration in awarding the Purple Heart. Later, to distinguish it from another award, physical injury became the Purple Heart’s sole requirement. Yet, some have worn the medal without meeting that requirement….

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Jeh Johnson

Last year was a pretty great one for partners of Paul Weiss. And we’re not talking just about profits per partner, although we expect they’ll be robust once again.

In June, Roberta Kaplan scored a big win in the Supreme Court in United States v. Windsor. Representing Edie Windsor, a widow who got hit with hefty taxes when her wife passed away, Kaplan got section 3 of the Defense of Marriage Act struck down. Just yesterday, we declared Robbie Kaplan our 2013 Lawyer of the Year.

But she wasn’t the only PW partner who had an exciting 2013. In December, Jeh Johnson left the firm to become our nation’s fourth Secretary of Homeland Security.

On the morning of December 19, Johnson sent around a wonderful departure memo, which we’d like to share with you now….

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* As a public service, here’s a very good guide about what criminal activities should NOT be talked about on Facebook. [Slate]

* It’s getting to that time of year when law students’ minds turn from finals preparation and towards the violent overthrow of the government. [McSweeney's]

* Finally, the full story on how reporter T.J. Quinn eavesdropped on Barry Bonds’s grand jury testimony without violating any laws. Go New York Daily News lawyers! [Deadspin]

* There allegedly was a female soldier prostitution ring at Fort Hood, lead by the unit’s sexual assault prevention officer. Now watch as somebody uses this to argue that women shouldn’t be in the military. [Gawker]

* Winners from Detroit’s bankruptcy filing include lawyers, don’t really include Detroit. [Am Law Daily]

* Here we go — proof that the internet is racist is coming. [Forbes]

* Rutgers-Camden Law has been fined and censured for allowing applicants to use something other than the LSAT without asking the ABA nicely if it could do so first. This is what the ABA cares about. Those are the questions they had for Rutgers. What was left off the list of ABA inquiries: Rutgers-Camden’s favorite color? [ABA Journal]


* How Jamie Dimon (and Stephen Cutler and Rodge Cohen) reached JPMorgan Chase’s tentative $13 billion settlement with Eric Holder and the Department of Justice. [DealBook / New York Times; Wall Street Journal (sub. req.)]

* Congratulations to all the New Jersey couples who got married since midnight, in the wake of the state supreme court’s decision not to stay a lower-court ruling in favor of marriage equality. [Newark Star-Ledger]

* Additional insight into all the partner departures from Weil Gotshal in Texas. [Dallas Morning News]

* Lawyers aren’t the only folks who know how to overbill; defense contractors do too, according to federal prosecutors who allege that a company provided prostitutes and kickbacks to Navy personnel. [Washington Post via The BLT]

* The legal battle over Obamacare rages on. [Wall Street Journal (sub. req.)]

* Judge Oing, this really isn’t that hard. Here’s a draft opinion for you in the long-running litigation between Macy’s and J.C. Penney over the right to sell Martha Stewart merchandise (by James Stewart, no relation to Martha). [New York Times]

* If you’d like to run with the bulls without schlepping to Spain, former lawyers Rob Dickens and Brad Scudder can help. Presumably their legal training helped them draft ironclad waivers. [BuzzFeed]

* Another interesting but very different event, taking place this Wednesday: “Healing the U.S. Lawsuit System.” [U.S. Chamber Institute for Legal Reform (one of our advertisers)]

On Tuesday, Army Colonel Denise Lind found Private First Class Bradley Manning guilty of 17 of 21 counts of charges related to Manning’s leak of some 700,000 classified documents to the website WikiLeaks. (See here for Alexa O’Brien’s helpful graphical summary of the counts and here for Freedom of the Press Foundation’s full trial transcripts.) Although Colonel Lind did not find Manning guilty of charges of “aiding the enemy,” she found him guilty of seven of eight counts of violating the Espionage Act for leaking intelligence “with reason to believe such information could be used to the injury of the U.S. or the advantage of any foreign nation.” Manning was also found guilty of “wrongfully and wantonly” causing to be published on the internet intelligence belonging to the U.S., “having knowledge that intelligence published on the internet is accessible to the enemy.” Sentencing proceedings, which progress rapidly in the military justice system, began Wednesday. Manning faces a possible 136 years in military prison.

Manning’s detailed statement offered to the court martial in February explains how a gawky, barely post-pubescent Army intelligence analyst from Oklahoma came to publicize virtual reams of national security security secrets with which his country had entrusted him. Manning said: “I believed that if the general public, especially the American public, had access to the information contained within [the military’s own databases], it could spark a domestic debate on the role of the military and our foreign policy in general as it related to Iraq and Afghanistan.”

Bradley Manning wanted to spark a debate. Like a high school civics teacher trying to rouse his dozing students, he wanted to get us all talking. See? He’s not a turncoat willing to endanger the lives of Americans or a vainglorious and disgruntled soldier. He’s just a patriotic facilitator of conversation.

Rubbish. Manning’s acts were, at best, absurdly naive, and at worst, paternalistic and hubristic….

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Bradley Manning’s convictions today include 5 courts of espionage. A very serious new precedent for supplying information the press.

WikiLeaks, reacting on its Twitter feed to the verdict in the court-martial of Pfc. Bradley Manning. Manning was found not guilty of aiding the enemy but guilty of multiple counts of violating the Espionage Act.

Earlier this week, President Barack Obama reiterated his interest in shutting down the prison at Guantanamo Bay: “I’ve asked my team to review everything that’s currently being done in Guantanamo, everything that we can do administratively, and I’m going to reengage with Congress to try to make the case that this is not in the best interests of the American people.”

President Obama isn’t alone in being troubled by goings-on at Guantanamo. This morning I attended an interesting panel discussion where a retired admiral, the former Judge Advocate General of the Navy, spoke out in favor of closing Gitmo….

double red triangle arrows Continue reading “Is It Time To Close Guantanamo Bay?”

* A full run-down of the suspension of a 7-year-old for brandishing a danish shaped like a gun. He was loaded for bear… claw. [Lowering the Bar, Part I; LTB, Part II]

* U.S. drones are helping out the French in Mali. Jeez, drones are getting used everywhere from here to Timbuktu. [Volokh Conspiracy]

* Do you need to report to the SEC if your company gets hacked? Probably… if you don’t tell them about possible violations how would they ever know? [IT-Lex]

* Someone wants help finding a WordPress theme for their law firm. Totally Best Magazine, bro. That’s hawt. [Yahoo Answers]

* Just a reminder, Ms. JD’s Fellowship applications are due March 8. [Ms. JD]

* If you’ve been waiting for the definitive, Kashmir Hill, what in the hell is Catfishing article, here you go. [Not-So Private Parts / Forbes]

* Let me just say that societies that fully utilize the talents of women have an inherent advantage over the ones that don’t. With one rules change, we now have twice as many potential combat soldiers. Glory. [Daily Beast]

* A “Good Samaritan” gun owner defended a little boy from pit bulls by shooting at the dogs who were mauling the little boy. Look, as a dad, can I just say that if you see some pit bulls attacking my son, please help… by running at the pit bulls and saying, “Git, git away from that boy,” not by shooting a freaking hand cannon towards my child! [Cato @ Liberty / Cato Institute]

* Okay, who has standing to sue for a violation of the 27th Amendment? Who? I want this to happen. Come on, constitutional scholars. Make it happen. Let’s see who really cares about “all” the amendments, not just the ones that allow people to shoot each other. [The Note / ABC News]

* I mean we’re suing over sandwiches, aren’t we? [Legal Blog Watch]

* Slow your roll, NAACP. I’m pretty sure that the 14th Amendment doesn’t protect the rights of black people to become diabetic with oversized sugary drinks. [Gawker]

* These are some sad times in Texas, y’all. It really hasn’t been a very good week for the Lone Star state in the courts. First their redistricting plan got thrown out, and now their voter ID law has been struck down. [CNN]

* Jeh Johnson of the Defense Department may take legal action against the former Navy SEAL who wrote a book about the Osama bin Laden raid, calling it a “material breach” of duty. Must be good; go buy it! [CBS News]

* Bros will be bros: disbarment has been recommended for an attorney who failed to disclose to clients that he had been suspended for banging an underage chick who worked at his office. [National Law Journal]

* Here are 15 Northeast law schools ranked by employment rate. After getting excited that mine was on the list — albeit dead last — I realized I’m seriously a low expectation havin’ motherf**ker. [Boston Business Journal]

* George W. Huguely V, the UVA lacrosse player who beat his girlfriend to death, was sentenced to 23 years in prison. Distasteful joke alert: for his sake, we hope the prison uniforms have poppable collars. [Bloomberg]

* A Maryland lawyer with autism and Sensory Processing Disorder has created a way for people to stop getting up in your personal space while riding public transportation. Say hello to the Sensory Shield! [Huffington Post]

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