The Troubling Case of Eddie Gallagher

Bayard & Holmes

~ Jay Holmes

US Navy SEAL Trident
Image public domain

Effective November 30, 2019, Seal Team Seven member Chief Special Warfare Operator Eddie Gallagher retired from the US Navy after twenty years of service. Though Gallagher remains on Fleet Reserve status, it is highly unlikely that he will ever return to active duty. His career is over, but the impacts of his career will continue to reverberate through the US Navy, as well as the entire US military establishment. It would do the nation well for Gallagher’s career to reverberate through the broader US society, but it will likely soon be forgotten by the public.

Gallagher joined the US Navy in 1999. During his twenty years of service, he completed eight combat deployments that I know of. I write “that I know of” because SEAL teams often deploy on short-term missions that are not made public. However, at a minimum, we know that Gallagher completed eight documented tours of combat duty.

Many US Navy SEALs retire each year without their names ever being uttered by a media outlet. Young men enlist. Some volunteer for SEAL selection. Comparatively few complete the training. Those few then continue to train. Then they deploy and fight, and they either die or survive. The survivors then train some more, go to war again, etc. Some die or are permanently maimed. The fortunate ones survive this cycle of training and fighting in reasonably good health and retire. Their wives and children try to breathe a sigh of relief and adjust to a new life, but most of the country does not notice.

Gallagher, of course, was not your average US Navy SEAL. In 2018, he was charged with multiple criminal counts, including murder, two counts of attempted murder from two other separate incidents, and multiple counts of intimidating witnesses.

The media and the country took notice. Long before a court-martial could be convened or the details of the actual charges made public, opinions in and out of the military began to form. In many cases, the opinions were, and remain, passionate in the extreme. They range from “Gallagher should be hanged,” to “Gallagher is an American hero.”

Details of the case, along with imagined details of the case, have been thoroughly covered by the media, but there are some salient points worth reviewing.

Gallagher was accused of murdering a wounded, captured ISIS member in Iraq in 2017. He was accused of threatening witnesses who were fellow SEALs and of attempting to orchestrate a “blacklisting” of the witnesses by the SEAL community. He was accused of purposely shooting at civilians in Iraq and Afghanistan. Gallagher also was charged with violating rules by posing for a picture of himself with the freshly-dead prisoner and sending that picture in a text to a friend. Interestingly, Gallagher’s commanding officer, Lieutenant Jacob “Jake” Portier, posed with Gallagher for the picture. That should tell us something about the command culture under which Gallagher was operating.

Did Eddie Gallagher commit some or all of these crimes? I wasn’t there, so I don’t know. There is much about the Gallagher case that we cannot determine with any certainty, as there are conflicting testimonies. What I do know is that he was acquitted by a US Navy court-martial panel of all the charges except for the picture-taking charge.

For the picture-taking charge, Gallagher received the maximum sentence of four months confinement. He was also reduced in rank from E-7 (Chief) to E-6 (Petty Officer First Class). The demotion mattered because it significantly reduced Gallagher’s Navy retirement payments. Since he had already served more than four months of confinement, he was released after his sentencing. On November 15, 2019, President Trump reinstated Gallagher to his rank of Chief Special Warfare Operator.

What I also know about the Gallagher case is that the US Navy overall and the US Navy judicial system in particular did a lousy job handling it. It is now evident that senior members of the judicial system and other senior Navy officers exerted unlawful command influence (“UCI”). Senior Navy officers were angry over “the incident.” Based on their statements, their anger stems from the fact that the Gallagher case was good press for the bad guys and bad press for the good guys. In the modern US military, generating bad press is a serious crime.

One glaring example of what the courts-martial system calls unlawful command influence seems to have been committed by now-retired Navy Judge Advocate Vice Admiral James W. Crawford.

I have not seen any mainstream media coverage concerning Vice Admiral Crawford. As far as I am able to determine at this point, Crawford’s interference in Gallagher’s case has not been investigated, but it was recognized by the court-martial panel. In a completely unrelated, but equally serious case, Crawford was found by a military appellate court to have committed UCI. Some members of the judicial system recommended that the US Navy delay Crawford’s retirement so that he could be prosecuted for that instance of UCI. The Navy chose to allow Crawford to retire without any further investigation. I mention Crawford’s demonstrable instance of UCI because it proves that he was, in fact, willing to commit UCI.

Other misconduct by the prosecution included interfering with Gallagher’s access to his attorney and not calling credible witnesses who were offering exculpatory testimony in Gallagher’s favor. In one instance, an Iraqi General was not allowed to testify on Gallagher’s behalf. The defense also alleges that a video showing the prisoner severely wounded and near death when he was brought into camp was taken into evidence and vanished while in the possession of the prosecution. The Navy also botched the case by waiting too long to investigate the charges.

Some of the allegations predate the alleged 2017 killing of the wounded prisoner. Gallagher’s command failed to escalate the case to the Navy judicial system. The case did not reach the Navy judicial system until after witnesses went outside of SEAL Team Seven’s chain of command. That aspect of the badly-handled case can’t be blamed on the judicial system. The delay of any investigation must be blamed on Gallagher’s chain of command.

In the US Navy, murder is a serious crime, but for many senior Navy officers, embarrassing the US Navy is a far more serious offense.

Senior Navy officers feel responsible for the well being of the US Navy and the reputation of a Navy that most of them genuinely love and honorably devote their lives to. Unfortunately, that love that they feel for their Navy can lead them at times to ignore allegations of misconduct. In other instances, they may act over zealously in the prosecution of anyone who they feel tarnishes the image of the US Navy.

This is not a uniquely American phenomenon.

The UK military is currently being accused of massive cover-ups of various war crimes by UK soldiers and Marines. Similar accusations have surfaced in France and Italy in recent years. The nature of those accusations would be a topic for another day, but we should recognize the universal nature of these issues. How an individual country responds to allegations of war crimes depends on the country. In many countries, they simply don’t matter. In the United Kingdom and the United States, they matter. We would do well as a nation to recognize and remember certain aspects of the Gallagher case. Exerting unlawful command influence is wrong and should no longer be tolerated. It can lead to the conviction of innocents or, when exposed, the exoneration of guilty parties. Neither of those helps our military or our foreign policy agendas.

Another aspect of the Gallagher case which is more difficult to clarify and has been almost completely ignored is the awkward and unwelcome question of Eddie Gallagher’s mental health.

Gallagher served for twenty years. For most of that time, his career was without controversy. When serious allegations about his conduct in combat began to surface 2015, he had already been in the Navy for sixteen years. If Gallagher is, indeed, a dangerous criminal as the Navy judicial system claimed, how did he serve without any serious incidents for sixteen years? How does a man serve effectively and honorably for sixteen years without incidence and then become a dangerous criminal?

We are left with two choices as to what we believe about Gallagher.

The first choice is to accept the court-martial result and assume that he was, indeed, innocent of all the charges except posing for the infamous picture. If that’s the case, then we should all be very worried about the terrible job that the Navy judicial system did with the Eddie Gallagher case. If, on the other hand, we wish to assume that Gallagher did indeed murder the wounded ISIS prisoner and/or previously purposely shoot unarmed civilians, then we need to ask how and why that happened. How does a long-standing, decorated member of the Navy SEALs end up doing such things, if, indeed, he did do them? The answer to that question goes way beyond Eddie Gallagher.

Collectively, as a nation, we are living in denial about some of the consequences of combat.

Combat, especially multiple deployments to war zones over long periods of time, can negatively impact an individual’s decision-making ability. In the case of Gallagher, he was undergoing treatment for brain trauma at the time he was arrested due to at least one concussion that he suffered in combat. Long before that treatment started, the Navy should have paid attention to the allegations that his behavior was radically changing. Chief Special Warfare Operators are a rare and valuable commodity, so it is always extremely tempting for commanders to overlook signs of combat fatigue, PTSD, etc., and return an experienced warrior back to combat rather than send him for effective treatment.

I am not a physician and have not read Gallagher’s medical records, so I cannot be certain that his health played any role in incidents which were alleged to have occurred during his last two deployments. However, this is certain: All branches of the US military have pressured military medical personnel to certify military personnel suffering from PTSD and other serious health disorders as fit for combat.

This issue predates the Gallagher case by many decades. In World War II, commanders routinely pressured military physicians to certify soldiers with serious health issues as “fit for combat.” The same thing occurred on a grand scale in Korea and Vietnam. The root of the problem extends far beyond the US military. Mental health and neurology lag behind the other branches of medicine. Mental and neurological patients remain stigmatized in most societies. No warrior would hesitate to point out to his comrade that he is bleeding or showing other symptoms of injury, unless it is a mental health injury. Then it becomes a very difficult subject.

If, as a country, we wish to continue the practice of ignoring the mental health issues of our fellow citizens who we send to fight our wars for us, then we should expect to hear about more incidents like the Eddie Gallagher case. It has happened before, and it will happen again. Whether or not mental health played a part in the Eddie Gallagher case, we should end the practice of ordering physicians to certify unhealthy warriors as fit for duty. For those who feel no sympathy for Eddie Gallagher and feel that he “got away with murder,” they have the military judicial system to blame for that.

That system investigates and prosecutes thousands of cases each year, ranging from overdrawing a checking account to rape and murder. In my opinion, the military system does a better job than our civilian judicial system in most cases, but when unlawful command influence occurs, justice can quickly be perverted. The Eddie Gallagher case was clearly impacted by judicial misconduct on the part of prosecutors and commanding officers. It may have also been influenced by neurological health issues suffered by Eddie Gallagher which went untreated for too long. Our warriors deserve better, and the entire nation deserves better. We should demand better.

Politicians control our military, and we control our politicians. If we don’t like what happened in the Eddie Gallagher case, then we should demand change. Politicians will do whatever it takes to get enough votes. Whether or not the desired changes will occur depends on whether or not you and I speak up to our congressmen.

 

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Key Figures in Espionage

Hollywood has yet to produce either heroes or villains that can match the heights and depths of humanity. Who is more courageous than a one-legged woman, “the most dangerous spy in all of France,” operating in Nazi-occupied territory? Who is more extraordinary than a young man left for dead, not worth a Viet Cong bullet, who survives to hunt down terrorists for six more decades? Who is more heroic than a homeless child living in a cardboard box who grows up to be an iconic showgirl, an espionage legend, and a tireless humanitarian? And what villain is more malevolent than the traitor that lurks in our midst, walking our halls and eating at our tables, while helping our enemies murder our own and butcher thousands of innocents?

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France’s Strategic Vision — Planned Inadequacy

Bayard & Holmes

~ Jay Holmes

Last week, the French government released its outline for future defense strategy and spending. The presentation made it clear that the Macron government wishes to cut its defense budget, concentrate on high-technology advancements, and reduce manpower. When questioned about the feasibility of the force reductions at a time when the French military seems to be busier than it has been in recent decades, a French military spokesman, on behalf of the French Ministry of Defense, stuck to a tightly-scripted play book.

Notably, he did not deny that the restructuring would be inadequate for France’s national security needs. Instead, in a rare instance of political honesty, he said that in the future, the French would rely on “more privileged countries like the UK and USA to provide the necessary manpower.”

French military parade on Bastille Day — soon to be outsourced?
Image US DOD, public domain

That statement was brief and seemed to slip right past the “privileged countries” that France says would have the privilege of sending their flesh and blood to defend France.

However, in spite of the lack of coverage by the US and UK media, it did not quite go completely unnoticed, as in, Piper and I noticed it. We get it. Everyone gets tired of adulting sometimes. These days, politicians commonly woo voters with promises of cradle-to-grave dependence on the “more privileged,” but it’s unusual that a country would actually admit that it expects cradle-to-grave dependence on other countries to provide its defense, so we believe it is worth examining France’s strategic vision more closely.

In a world controlled primarily by despotic nations that offer little freedom and little hope for the future, Western Europe matters. If France were surrounded by allies with more military power, then it would perhaps be less important that France is actively planning on a strategy of military inadequacy, as their neighbors could rush across the border to assist whenever needed. Unfortunately, that’s not the case. 

A country’s Gross Domestic Product (“GDP”) is a standard measure for arguing military spending by NATO member nations, and while this article does not pertain directly to the ongoing NATO debate, percent of GDP spent on defense gives us a legitimate measure. We can optimistically claim that France’s commitment to its national security is backed up by defense spending in the neighborhood of 2.3% of its GDP. However, their allegedly powerful neighbors in Germany only have a defense budget on the order of 1.4% GDP. To France’s southwest, the Spanish have risen from a laughable 0.8% GDP to a still-pathetic 1.2% GDP spending on defense. While a nation’s defense spending as a percent of GDP cannot tell us everything about the quality of its military, it does tell us what that particular nation’s commitment is to national and, in the case of Western European nations, international security.

That said, the numbers change depending on who you ask and who is doing the asking. I am using the numbers that seem to me to be most reliable, based on a combination of what each country most frequently admits and what third-party analysis by groups such as the Stockholm International Peace Research Institute provide. In any case, everyone’s estimates indicate that France’s closest neighbors are in no position to substantially reinforce them.

In the case of Germany, the government and defense industries are partnering closely in hopes of completing more lucrative foreign sales while ignoring the Germany military’s own desperate need for parts, new equipment, and maintenance.

For example, the German Navy has accepted responsibility for submarine patrols in the Baltic Sea—a critical commitment to NATO and Western security in this age of Putin Imperialism. Germany designed and built six submarines optimized for operations in the relatively shallow waters of the Baltic and it allocated suitable manpower. That in itself was no small expense, as skilled submarine crews are so difficult to recruit and train. Unfortunately, Germany did not maintain those submarines due to lack of dry dock time and insufficient parts production. As a result, if the German submarine forces had to put to sea tomorrow, they likely could not keep a single submarine at sea for more than ten days.

You heard correctly—the Germans famous for the U-boats now are not capable of keeping even one submarine operational at sea for more than a handful of days.

Stranded German U-boat 1921 — Who knew this would be the standard in 98 years?

So why didn’t Germany allocate adequate dry dock time and produce parts for the critical maintenance of its submarines?

Because German shipyards were occupied with rushing through construction of new submarines for Israel. That was good news for the Israeli Navy and for German industrial giants. It was bad news for the German submarine force, for NATO, and for Germany’s self-defense.

The German Luftwaffe is in better condition, but it is still not in adequate condition. Due to a shortage in maintenance budget and parts, an undisclosed number of Germany’s planes are not operational at this time. All air forces have planes down for maintenance on any given day, but in the case of the German Luftwaffe, the numbers are so dismal to German taxpayers and NATO partners that Merkel’s government prefers not to announce them.

As for Spain, its current government is claiming that it intends to increase defense spending substantially over the next six years to address its many shortfalls in equipment and operational abilities. Also, in the last two years, Spain has been more willing to provide Spanish personnel to counterterror operations around the world. Like France, Spain, too, maintains garrisons of elite forces in North Africa in locations such as Ceuta and Melilla. However, the Spanish military currently lacks both sufficient financial and popular support to fulfill its strategic vision. The lack of popular support leaves us wondering if its current and next governments will actually complete Spain’s defense rebuilding goals. What we do know, though, is that in its current state, Spain can only minimally contribute to the defense of Europe.  

So then, how about those “more privileged” countries? As far as I know, neither the United Kingdom nor the United States were consulted about France’s new strategy of planned inadequacy. In fact, I am quite certain that they were not consulted. For that matter, the Macron government did not even do much consulting with its own military leaders.  

The Macron government operates on the assumption that everything that the French military needs to know about military matters is what Macron tells it. French military leaders can either support the government’s positions and fantasies, or they can find new careers. Macron and his ministers do not wish to waste their time by listening to the military opinions of generals and admirals.   

It’s not difficult to guess how the current US administration will respond to France’s cute little plan to let Americans provide the French with manpower for their defense. I do not represent the opinions of the US government. I assume that the US administration will respond quietly.

How the UK government responds, though, is of no great consequence. The United Kingdom currently spends only 1.8% of GDP on defense—an even worse defense spending record than France. Also, the United Kingdom, similar to Germany, has currently failed to provide its Navy with the ships that it will need to complete its missions.

I respect the sailors of the UK Royal Navy. They are excellent, but they can’t perform miracles. They need the ships and manpower to complete the missions that the UK government claims that it wishes its navy to complete. Also, while the UK Royal Air Force is in a much better condition than the German Luftwaffe, it has suffered funding cuts to programs that the UK government considered essential. As a result, the Royal Air Force has fewer planes and drones than the UK government agreed that it needs. 

However, a closer look at France’s military systems does offer a somewhat brighter picture.

France has been successful in small antiterror operations in Africa, even with a low budget and poorly-performing helicopters. Lacking helicopters when operating far from any major bases in rugged and remote areas is no easy task. War is easier with adequate airborne resupply and close air support. Enemy strongholds are not particularly bothersome once an air force has been kind enough to drop the proper ordnance on their locations. Without those advantages of adequate helicopters and air support, a country like Chad is a much more daunting theater of operations. The French Army deserves credit for succeeding there, and the French government deserves credit for sending its army there.

France has made good use of two critical advantages in their operations in Africa. First, France has enough personnel overall to enable a system that includes large numbers of forces that specialize in geographic areas. That allows the French to better prepare and shape operations in hostile environments. Second, having forces specialized in geographic areas allows France to pursue a tactic of what we might call “vertical intelligence delivery.” That is to say that the private on patrol is almost as well-informed of all useful available intelligence in his area of operations as is the regimental commander. This greatly minimizes the chance of small patrols unwittingly drifting into ambushes. It also helps the soldiers to establish better relationships with the locals. Both of these advantages will be impacted with force reductions, which will make it more difficult for France to maintain this regional expertise.

The one exception might be the French Foreign Legion. The Legion is excellent, and it will remain viable in the foreseeable future, though it is limited in size, equipment, and logistic support and can only do so much with what it has.  

So how do we form a reasonable view of what the future of Western European defense spending and strategy will look like? Understanding the money and politics might clarify things a bit. Let us glance at a few European cases.

France claims that it is emphasizing high-tech equipment upgrades because that will allow it to operate a smaller, but equally effective, military force. There is perhaps some truth to this, but the more obvious reason is that France wants to focus on foreign military sales rather than its own defense. In particular, the French government intends to quietly keep French defense industries successful and profitable by supplying Mideast and African nations with military equipment. Those French companies would be happy to sell their wares to just about anyone, but they have been most successful in recent years with sales to Saudi Arabia and the Gulf States. Helping to build other nations’ defense forces is more profitable than building their own. 

Italy is more direct about its intentions to market its ships and other military equipment to any buyers with cash.

The Italian defense corporations make no secret that they intend to complete as many foreign sales as possible, and that their product designs are emphasizing foreign sales as opposed to the needs of the Italian military. As for the Italian government’s defense strategy and planning, those are easy to understand on any given day, but one might not wish to put in even that minimal effort to do so, as tomorrow they will change again.

The German government currently feels that it is important to give the appearance of being highly restrained in foreign military sales.

German corporations attempt to be less public about their foreign marketing efforts than the Italians or the French. The reality is that German ships, tanks, guns, and the occasional Eurofighter are all for sale to those who have the cash. The buyers just need to reassure the Germans that the armaments will not be used to kill anyone, because the German government likes to maintain the illusion that munitions are to be used for peace, not for war.

The underlying assumption in Western Europe is that it is not currently under threat by any peer or near-peer forces.

In the case of France, it will continue to rely on the bedrock of Gaullist military thinking, which is to maintain a viable nuclear force to deter Putin, Kim, or anyone else from conducting all-out military operations against them. Young readers might find that approach strange and a bit simpleminded, but France, along with the United Kingdom, sees its nuclear weapons as a viable national security insurance. This Gaullist approach is as ingrained in French military planning as it is in UK, US, and Russian military planning. Western European countries overall, however, assume that terrorist attacks will continue, and they intend to maintain adequate military forces to deal with that threat.  

From the US and UK points of view, there would be no benefit in reacting too strongly to France’s “let the United States and United Kingdom defend us” strategy. The Macron government is speaking to its voters rather than addressing strategic realities.

The Yellow Vests are on the verge of storming the Bastille in their opposition to Macron, and Macron and his handlers have to invent something that sounds like good news to the French working class voters while pretending to give a damn about them. France and NATO have weathered worse storms than the Macron wind storm. They will survive Macron, as well.

In reality, the only thing new in France’s strategy statement is that it is actually admitting to what we already knew—that France is unwilling to carry the burden of its own defense and instead is willfully dependent on its allies. Prepare for the status quo to continue, but maybe don’t stand between Macron and the Yellow Vests.

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There Are No “Boots,” Only Men and Women

Bayard & Holmes

~ Piper Bayard & Jay Holmes

 

No one who serves is a “boot on the ground.” That is a phrase for politicians and bean counters. Each is a man or woman, someone’s child, spouse, sibling, lover, and friend. Each lives, loves, bleeds, and dies. Each commits his or her life to the service of our great nation, risking all.

Our profound thanks to all who serve in the military and clandestine services, allowing our nation to enjoy peace and prosperity at home.

You are, each of you, a blessing. Our prayers and gratitude are with you on this

Veterans Day and always.

 

 

The USS Fitzgerald/ACX Crystal Collision – Questions & Conclusions

Bayard & Holmes

~ Jay Holmes

At approximately 2:20 a.m. local time on June 17, 2017 the US Navy Destroyer USS Fitzgerald suffered a collision with the Philippines-registered container ship ACX Crystal approximately 64 miles southwest of Yokosuka, Japan.

 

USS Fitzgerald at Yokosuka Naval Base
Image by US Navy employee, public domain

 

The 29,000-ton container ship suffered minor damage and was not impeded from continuing its journey to Tokyo. The 9,000-ton Arleigh Burke class USS Fitzgerald, on the other hand, suffered significant damage on her starboard side. Based on early reports, the USS Fitzgerald was in danger of sinking, and seven of her crew members lost their lives.

First and foremost, we extend our sincere condolences to the families and loved ones of the seven sailors who lost their lives.

This collision reminds us that there is no such thing as a “safe” deployment. Because of what those seven sailors suffered and what their families are now paying, decency demands that we be cautious in drawing conclusions about the causes of the collision.

Our US Navy, along with the broader US defense community, exists to ensure the sovereignty of the United States of America and the freedom and safety of her citizens.

Modern, extravagantly expensive and highly complicated Burke class destroyers play a critical role in that mission. These ships are an important and finite asset, and we currently have sixty-one of them in active service with fourteen more in various stages of design and building.

From my perspective, the loss of any service member always matters. Now, and at a time when only a small minority of eligible young Americans are willing to serve in our military, it is even more important for our military to do what it can to minimize personnel casualties.

In modern corporate America, workers are generally disposable and easily replaceable, but in the modern US military, qualified soldiers and sailors are a precious resource. The US military is in the business of war, and human losses are a grim, but somewhat unavoidable, result of war and war preparations. However, we must endeavor to not waste the lives of our service members due to inadequate equipment, doctrine, training, or leadership.

In an attempt to avoid similar calamities in the future, the US Navy and the US Coast Guard will each conduct thorough independent investigations of the collision.

The Navy will, in fact, conduct two parallel investigations. The Japanese Coast Guard is also conducting an investigation, and the Philippine government has, not surprisingly, announced that it, too, will conduct its own investigation. In addition, beyond all the official investigations, any number of intelligence services from a variety of nations will be searching for any unusual evidence relative to the collision.

All investigations of maritime calamities rely on constructing an accurate and detailed timeline of the events leading up to and subsequent to the impact. The communications logs, navigations logs, bridge recordings, and all physical evidence from the USS Fitzgerald and the ACX Crystal must be examined in detail. Also, all members of both crews must be questioned. The investigators have not had time to gather and examine all of the statements and evidence, and they have yet to offer any conclusions concerning the causes of the accident.

The fact that the professional investigators have yet to draw conclusions has not stopped the legions of not-professional armchair naval experts from reaching ironclad conclusions. The fact that those ironclad conclusions of the not-professionals seem to change by the hour does nothing to dissuade these folks from fervently and passionately espousing what they consider to be irrefutable fact.

Many Americans care a great deal about our Navy, our entire military, and our nation’s defense. That perhaps explains their need to have immediate answers as to whom or what caused the disaster. I salute their patriotism. For a democracy to survive, it requires the diligence of enough of its citizens to overcome apathy. However, I suggest to them that they remain flexible in their views until more evidence is available.

Some of the opinions being passionately expressed are, to say the least, a bit colorful. Most collisions at sea do not involve complex conspiracies or exotic causes, and a collision in a shipping route at night in busy waters is not altogether rare. This collision has our attention because it involved one of our valuable “Burkes,” and because seven sailors lost their lives.

Many of the conspiracy theories popping up are influenced by several key factors.

First, the night was clear. Even on a clear night at sea, haze can impair and distort a helmsman’s or watch stander’s view, and judging the distance and speed of another ship at night is not as simple as it sounds. Even so, in this day and age, we all quite reasonably expect that any modern US Navy warship has adequate radar, sonar, transponder sensors, and adequate information processing systems to detect and note an approaching 29,000-ton freighter. It begs the question, how did the Fitzgerald and ACX Crystal not see each other in time to avoid a collision? In theory, only one of the ships’ crews would need to be aware of the other ship in time to avoid a disaster.

The second reason the public is suspicious is that the accident occurred near Japan, where China and/or North Korea might be able to easily influence events. I, too, am suspicious. In fact, I am justifiably suspicious of the North Koreans and the Chicoms every moment of every day. However, we must remember that suspicion is not, in itself, evidence.

Third, some early and not yet verified statements indicate that the ACX Crystal had her running lights and her navigation transponder off. At this point, my suspicion is that her transponder was on, but I may be wrong. I am not sure about her lights. If they were in fact off, then that may well have been a major contributing factor to the collision. We will have to wait for all the crewmen to be questioned and data logs from multiple sources to be examined before we know if those assertions are accurate.

A fourth factor that drives suspicions of foul play is the fact that as a container ship, sophisticated electronics warfare equipment capable of damaging or temporarily obstructing radar and radio systems could conceivably have been loaded on to the ACX Crystal without the knowledge of the captain or crew. Such equipment could have been activated remotely.

It’s important that for now we remember the critical difference between “could have been” and “was.”

At this point, I estimate that Communist China wants war with the United States even less than we want war with China. In spite of all the propaganda out of China, and in spite of her current efforts to expand her naval power, China remains at a strategic disadvantage in any potential war with the United States. North Korea has been, and remains, less rational in its decision making as compared to China, but the distances between “would do it” and “could do it” remain substantial for now.

One possible factor that many members of the public might not be aware of is the fact a US Navy warship might at times operate without its full suite of Aegis systems active.

Aegis is a powerful and brilliant radar tracking system, but the more powerful a radar system is, the more easily it can be detected by opponents. I have no information indicating that the USS Fitzgerald was on that night, or any night, operating in “quiet” mode. I am simply explaining that it is one possibility.

I understand the tremendous need for answers and explanations.

I feel the same way. I share your anger. I want to know why those sailors died, why our ship was damaged, and who or what is at fault. This sad event is important to me, because our national security is important to me, and because I consider all US military members to be my brothers and sisters. We share an oath that matters to me.

I know that this calamity is also important to many of you. We owe it to the lost sailors and to their families to find the real causes of the collision. I hope that as a country, we will not rely on emotion or conjecture, but rather wait for investigations to lead us to accurate conclusions, because as you read this, many other US Navy and allied ships and sailors are sailing in dangerous waters, and we need accurate information to prevent more loss of life and more damage to valuable ships.

 

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Gunner’s Mate Seaman Dakota Kyle Rigsby, 19, of Palmyra, VA

Yeoman 3rd Class Shingo Alexander Douglass, 25, of San Diego, CA

Sonar Technician 3rd Class Ngoc T Truong Huynh, 25, of Oakville, CN

Gunner’s Mate 2nd Class Noe Hernandez, 26, of Weslaco, TX

Fire Controlman 2nd Class Carlos Victor Ganzon Sibayan, 23, of Chula Vista, CA

Personnel Specialist 1st Class Xavier Alec Martin, 24, of Halethorpe, MD

Fire Controlman 1st Class Gary Leo Rehm Jr., 37, of Elyria, OH

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Our deepest sympathies to the families and loved ones of these fine sailors.

 

 

The Medal of Honor Recipient Who Wouldn’t Fight

Bayard & Holmes

~ Jay Holmes

During WWII, dozens of the bloody campaigns raged around the globe, involving millions of US military personnel. Four hundred sixty-four of those Americans received the Medal of Honor — two hundred sixty-six of them posthumously. Most of the recipients received the medal for incredible feats of valor while attacking the enemy. However, in a few instances, the medal was given to a recipient that never attempted to harm the enemy. Desmond Doss, a conscientious objector from Virginia, was one of those recipients.

 

President Harry Truman awarding Medal of Honor to Conscientious Objector Desmond Doss public domain, wikimedia commons

President Harry Truman awarding Medal of Honor to
Conscientious Objector Desmond Doss
public domain, wikimedia commons

 

Seventy years ago, on October 12, 1945, President Truman awarded Desmond Doss the Medal of Honor for his conduct during the US campaign to take Okinawa from the Japanese imperial forces.

The US undertook the invasion of Okinawa to establish large air bases for operations during the anticipated invasion of Japan. On April 1, 1945, 250,000 combat troops, organized into three US Marines Divisions and four US Army Divisions, stormed the shores of Okinawa.

The landings, themselves, were conducted without much resistance from the approximately 90,000 Japanese defenders. By 1945, the Japanese had decided that it was unwise to expose their forces to vastly superior US naval gunfire and US air support on the narrow beach zones where the concentrated fire would devastate them. Instead, they built strong defensive positions inland from the beaches, where the US advantages in naval gunfire and air support were negated by the close proximity of the attacking US troops.

To defend Okinawa, the Japanese military had perfected two other major defensive innovations.

The first of these was Kamikaze (Divine Wind) suicide air units. Most of us are familiar with the Kamikaze fighter plane units that were unleashed with devastating effect against the US Navy’s amphibious fleet during the US invasion of the Philippines in October of 1944. By the time the US invaded Okinawa, the Japanese had further refined their aerial Kamikaze weapons. In particular, they had developed a man-guided rocket-propelled bomb. These fast moving rocket bombs were difficult to shoot down, and, in combination with the slower Kamikaze fighter craft and light bombers, they managed to kill nearly 5,000 US sailors while sinking twenty amphibious assault ships and twelve destroyers.

On land, the Japanese introduced their second highly effective and savage innovation – the child suicide bomber. The occupying Japanese conscripted middle school children to conduct suicide bomb attacks against the invading US troops. US Marines and soldiers were hesitant to shoot at civilians that ran toward their lines because some of them were simply trying to escape the Japanese. Unfortunately, many of the children carried explosives under their loose fitting shirts. In some instances, the Japanese troops sent forward young mothers with babies. When US troops left their cover to try to assist the women and babies, Japanese snipers killed the US rescuers.

This combination of the aerial Kamikaze and the child suicide bombers greatly complicated the battle for the US forces.

The Japanese commanders in Tokyo, pleased with the effectiveness of the suicide bombers, ordered the conscription of all boys aged fifteen and older and all girls aged seventeen and older to be trained and equipped as suicide troops for the defense of the home islands against the awaited US invasion.

Such was the savage nature of the fighting on Okinawa, which made Desmond Doss’s conduct all the more remarkable.

Because of his religious beliefs, Doss was a conscientious objector. He did not want to engage in combat. His beliefs, however, did not keep him from serving in the US Army as a combat medic.

The text of Doss’s Medal of Honor citation speaks for itself, telling the story of his remarkable courage under fire:

“He was a company aid man when the 1st Battalion assaulted a jagged escarpment 400 feet [120 m] high. As our troops gained the summit, a heavy concentration of artillery, mortar and machinegun fire crashed into them, inflicting approximately 75 casualties and driving the others back. Pfc. Doss refused to seek cover and remained in the fire-swept area with the many stricken, carrying all 75 casualties one-by-one to the edge of the escarpment and there lowering them on a rope-supported litter down the face of a cliff to friendly hands. On May 2, he exposed himself to heavy rifle and mortar fire in rescuing a wounded man 200 yards [180 m] forward of the lines on the same escarpment; and 2 days later he treated 4 men who had been cut down while assaulting a strongly defended cave, advancing through a shower of grenades to within 8 yards [7.3 m] of enemy forces in a cave’s mouth, where he dressed his comrades’ wounds before making 4 separate trips under fire to evacuate them to safety. On May 5, he unhesitatingly braved enemy shelling and small arms fire to assist an artillery officer. He applied bandages, moved his patient to a spot that offered protection from small arms fire and, while artillery and mortar shells fell close by, painstakingly administered plasma. Later that day, when an American was severely wounded by fire from a cave, Pfc. Doss crawled to him where he had fallen 25 feet [7.6 m] from the enemy position, rendered aid, and carried him 100 yards [91 m] to safety while continually exposed to enemy fire. On May 21, in a night attack on high ground near Shuri, he remained in exposed territory while the rest of his company took cover, fearlessly risking the chance that he would be mistaken for an infiltrating Japanese and giving aid to the injured until he was himself seriously wounded in the legs by the explosion of a grenade. Rather than call another aid man from cover, he cared for his own injuries and waited 5 hours before litter bearers reached him and started carrying him to cover. The trio was caught in an enemy tank attack and Pfc. Doss, seeing a more critically wounded man nearby, crawled off the litter; and directed the bearers to give their first attention to the other man. Awaiting the litter bearers’ return, he was again struck, by a sniper bullet while being carried off the field by a comrade, this time suffering a compound fracture of 1 arm. With magnificent fortitude he bound a rifle stock to his shattered arm as a splint and then crawled 300 yards [270 m] over rough terrain to the aid station. Through his outstanding bravery and unflinching determination in the face of desperately dangerous conditions Pfc. Doss saved the lives of many soldiers. His name became a symbol throughout the 77th Infantry Division for outstanding gallantry far above and beyond the call of duty.”

After his discharge from the US Army, Desmond Doss spent five years in treatment for his injuries and for tuberculosis. He died in March, 2006.

Of the thousands of stories of outstanding courage during WWII, Desmond Doss’s story is one of the most remarkable. He did not act with a burst of adrenaline for a few minutes to achieve remarkable results, but rather he acted calmly and repeatedly risked his life under fire for several days in order to save his wounded comrades. In the midst of one of the most savage battles of history, Desmond Doss, conscientious objector and Medal of Honor recipient, still stands as an outstanding example of courage and compassion.

Pfc. Doss’s story is being brought to the big screen on November 4, 2016, in the movie HACKSAW RIDGE. Watch for the Bayard & Holmes review.

 

 

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Bayard & Holmes Official Photo

Piper Bayard is an author and a recovering attorney. Her writing partner, Jay Holmes, is an anonymous senior member of the intelligence community and a field veteran from the Cold War through the current Global War on Terror. Together, they are the bestselling authors of the international spy thriller, THE SPY BRIDE.

Watch for their upcoming non-fiction release, CHINA — THE PIRATE OF THE SOUTH CHINA SEA.

 

cover-3-china-the-pirate-of-the-south-china-sea

 

Keep in touch through updates at Bayard & Holmes Covert Briefing.

You can contact Bayard & Holmes in comments below, at their site, Bayard & Holmes, on Twitter at @piperbayard, on Facebook at Bayard & Holmes, or at their email, BH@BayardandHolmes.com.

 

The F-16 Offer to India — India Might Refuse It, But Pakistan Can’t Ignore It

Bayard & Holmes

~ Jay Holmes

For the last few years, military and foreign policy aficionados around the world, not to mention very excited governments and corporate accountants, have been following the Indian government’s fighter procurement plans.

The process has been more dramatic and colorful than the average major defense purchase. Given the profit potential of any contract to supply modern fighters to the Indian Air Force (“IAF”), we would expect fierce competition from fighter jet manufacturers accompanied by massive propaganda campaigns from both government and corporate sources. We would not be disappointed.

 

UAE F-16 Block 60 Similar to F-16 Block 70 Offered to India Image public domain, wikimedia commons

UAE F-16 Block 60
Similar to F-16 Block 70 Offered to India
Image public domain, wikimedia commons

 

The technical aspects of the competition have been debated by millions of passionate aviation “experts.”

Unfortunately, most of those “experts” either have no experience in piloting or aerospace engineering, or they work for companies connected to the competition. My purpose in publishing this article is not to add to the technical and political debates. My hope is to consider some interesting geopolitical/geo-corporate questions that have arisen from the long and dramatic procurement process. My spellchecker is resisting the term “geocorporate,” but I fear that the time has come when the term is both fair and depressingly relevant.

The IAF wants a new fighter.

It wants a fighter that is better than their current hodgepodge mix of aircraft from a slew of countries and manufacturers. For both domestic and foreign political reasons, the IAF also wants guarantees of parts and weapons availability without interference from the governments where the aircraft is manufactured each time the political climate changes in those governments.

For domestic political reasons, the Indian government wants major technology transfer and local work cost offsets of 50%.

For those who are not acquainted with industry jargon, that means the Indian government wants the ability to use the same or similar technology to produce the same or similar products, and it wants half of the cost of production to be spent in India.

The serious competitors for India’s fighter deal were France’s Dassault Rafale, the Eurofighter Typhoon, and Sweden’s Gripen. Other competitors offered their products but were, justifiably, seen as dark horses in the race for the huge contract.

US Boeing half-heartedly offered the F-18 Super Hornet, but perhaps did so with the hope of eventually convincing the IAF to consider them for use on future Indian carriers. The F-18 would not seem to be ideally suited for the IAF’s particular requirements.

US Lockheed Martin offered the F-16 C/D. Given the age of the airframe design and India’s desire for a massive technology transfer, it seemed unlikely that India would choose the F-16. It didn’t.

Russia straight-facedly tried to offer up everything in their inventory, along with a few things not actually in their inventory.

Given the IAF’s torturous troubles in dealing with Russian aircraft companies Mikoyan and Sukhoi on previously purchased fighters, there seemed little chance of the IAF choosing a fighter from Russia. The IAF has been sold too many lemons over India’s decades of purchasing Russian military equipment, and the Russians have refused to uphold warranty promises. Russia may have saved money in the short term by screwing India on these deals, but in the process, it pretty well lost a customer.

The IAF has been pleased with the performance of the Dassault Mirage 2000s that they previously purchased from France.

The Mirages have performed well for it. Also, when the rest of the West embargoed weapons sales to India in response to nuclear weapons tests or conflicts with Pakistan and China, France continued to supply weapons and parts to India. Naturally, India has remembered this. Likewise, the IAF is confident that unless it starts bombing the very best restaurants and art museums in Paris, Dassault will remain willing to take their cash.

Without even considering technical arguments, the Swedish Gripen relies on critical parts from other nations, making it unlikely. Getting those nations to agree to a Swedish export of their technologies to India was going to be about as easy as getting all of France to switch to a Swedish cuisine diet. If you’ve ever eaten in Sweden, you will recognize this proposition as absurd humor.

Note to Swedish people: I like you. You are lovely people. Most of your food sucks.

But back to fighter planes…

The Eurofighter Typhoon might have met the technical requirements set forth by the IAF, but India would be at the mercy of the governments of Germany, the UK, and Italy for parts and weapons if they ever tried to do something crazy with those Eurofighters like perhaps fight with anyone. The Eurofighter, like the Grippen was a bad political choice.

In January 2012, to nobody’s real surprise, the Indian Government announced that the Dassault Rafale had won the competition for the huge contract of 126 multirole fighters.

It was a slam dunk for Dassault. Almost. As my grandma told me, the devil’s in the details.

Dassault was anxious to deliver the Rafales. The IAF was anxious to receive them. I was not going to hold my breath waiting for the first Rafale to be delivered to the IAF.

The small matters of price and warranties remained to be settled. Dassault vacillated on the price as India pressed for more technology transfer.  The pricing started high, then got lower, then got higher again, then lower, etc. As the months and years passed, the first Rafale fighter was never delivered because the parties could never agree to details on price, warranty, and technology transfer. Unlike the average American tourist in Paris, the IAF was willing to argue about the bill.

Finally in March 2014, India and France announced that the first 18 aircraft would be delivered to India in flying condition – off the rack, so to speak – at a cost of $200 million + per fighter. Another 108 would be 70 percent built by HAL Corporation of India. The 18 seemed to me like a very high priced improbability, and building more with 70% construction by Hal in India struck me as more fanciful than home fusion generator trash disposal units.

In April of 2015, India indeed announced that the purchase had advanced to the long anticipated “Hell no, we won’t buy any” stage of the negotiations.  No cash, no new fighters, nothing.

And then Lockheed Martin slipped in and knocked on the back door with a very interesting proposal.

Lockheed Martin offered to move its entire production of F-16s to India if India would upgrade the order to the F-16 Block 70 model.

Instead of technology transfer debates, Lockheed Martin will let India build the fighters on a Lockheed Martin system installed for less than $30 Million per fighter.

And as grandma would say, again, the devil is in the details.

Lockheed Martin can propose all they want, but the US government will have to completely agree to all the details of any transfer of F-16 technologies and production to India.

Many US allies fly the F-16.

Some fly newer, recently-built versions and will be flying them for a long time. In fact, without any new orders, Lockheed Martin will be busy turning out F-16s for at least another year to satisfy current orders. Neither Lockheed Martin nor the US government wants to aggravate these allies by telling them to get their parts from India.

The Pakistan Air Force flies F-16s.

For Pakistan, which is in a state of perpetual low level war and near-war with India, hating India is central to its dogma. How many parts will India send to Pakistan? Maybe a few nylon seat covers and some cool looking decals. That’s about it. In effect, Lockheed Martin is telling the Pakistan government to piss off.

The Lockheed Martin offer is not officially coming from the US government.

If John Kerry visited Pakistan tomorrow, he would swear to them that he loves Pakistan, roots for the Pakistani national cricket team, loves Pakistani food, and that some of his best friends are Pakistanis. John would not believe any of it, and neither would anyone in Pakistan.

Though the Lockheed Martin proposal has not yet received US government approval, it’s hard to believe that the Lockheed Martin tail is wagging the US government dog.

The Lockheed Martin proposal to India represents a major shift in US foreign policy toward both India and Pakistan. Is the US finally accepting that Pakistan has never been and never will be anything like an ally? Are we offering a closer relationship to India?

My guess is that Lockheed Martin and India will not conclude the deal in its current form. At this point, the proposal can be withdrawn for any number of reasons, but the message to both India and Pakistan will stand. India might not take the Lockheed Martin offer seriously, but Pakistan must.

US-India Alliance — The Joker in the South China Sea Poker Game

Bayard & Holmes

~ Jay Holmes

One of the most important US-Asia relationships is that of the US and India. Like the US, India has no territorial claim in the South China Sea. However, because of its size and its location on oil trading routes, India has the potential to greatly impact any strategic balance in the South China Sea region.

 

US Pres. Obama & India Prime Minister Modi Image by Pete Souza, public domain.

US Pres. Obama & India Prime Minister Modi
Image by Pete Souza, public domain.

 

The US is the oldest democracy. With approximately 1.3 billion people, India is the largest democracy.

India’s population is currently only slightly smaller than that of the People’s Republic of China, and it is trending to surpass Communist China in 2028. Both countries’ national economies have grown substantially during the past twenty years, but Communist China’s economic growth, much of it fueled by the US and other Western consumers, has outstripped India’s by nearly three times. Indian politicians and business leaders are aware of that, and their desire to increase trade with the West is impacting foreign policy debates in India.

While India has no territorial claim in the South China Sea region, it needs to freely navigate the South China Sea to reach markets in South Korea, Japan, the Philippines, and elsewhere.

Freedom of navigation in that region directly impacts India’s ability to increase exports and potentially import energy and food. As a result, what happens in the South China Sea matters in the corporate boardrooms of Mumbai and in the homes of the Indian people, giving India a keen interest in the region.

Historically, the US and India have always maintained civil, if not always friendly, relations, and most Americans and Indians hold favorable views of each other in spite of the two nations’ other alliances.

Shortly after its independence, India established strong diplomatic relations with the USSR, and the USSR, now Russia, has traditionally been India’s biggest supplier of technology and military hardware. India’s close relations with Russia were driven by two major factors. One factor was India’s continuous multi-border disputes with China in conjunction with Moscow’s break with Communist China during the East-West Cold War. The other factor was, and remains, Pakistan.

Pakistan vacillates between near-war and low-intensity war with India.

That constant hostility has at times been much larger in the minds of Pakistanis than in the minds of most Indians, but coupled with terror strikes by Pakistani-controlled groups, the continuous enmity makes it impossible for Indians to ignore US military aid to Pakistan.

In spite of this, most Indians are willing to establish an equitable peace with Pakistan.

For Indians, the center of the universe is not located anywhere in Pakistan. For many important Pakistani power brokers, the center of the universe must continue to appear to be in India. By remaining in or near a state of emergency, the Pakistani intelligence establishment and some Pakistani military leaders have been able to maintain an inordinate and unhealthy influence over Pakistani politics.

Given India’s conflicts with China and Pakistan, along with US support for Pakistan, it’s easy to understand how India built strong ties with Russia.

This may be changing somewhat, but don’t expect a complete halt to the import of Russian military equipment. India has shown a desire to reduce its reliance on Russian military hardware, but its goal is not to replace Russian suppliers with Western suppliers. Its goal is to replace Russian suppliers with Indian suppliers. The trick is, of course, developing adequate Indian suppliers.

With a massive labor surplus and high unemployment in India, the political pressure to “buy Indian” is now a major factor in Indian politics.

And remember, unlike Communist China, India is a democracy, and the public’s concerns drive foreign and domestic policies. As in other democracies, that linkage is never as direct as the voters would prefer, but no Indian politician can ignore major domestic concerns and survive in office.

Ideally, India could do whatever is needed and take however long it needs to accommodate the powerful “buy Indian” agenda. Unfortunately, India is not in an “ideal world,” but rather in a world that finds them next door to Pakistan and the People’s Republic of China – a very “un-ideal” neighborhood, indeed.

India has access to European military equipment. To the displeasure of the ruling Pakistani junta, India has now also been granted nearly the same level of access to US-made military hardware as that enjoyed by close US allies. At the same time, for a variety of well-founded reasons, Pakistan has been facing more difficulty in acquiring high tech US military hardware.

To the displeasure of US military suppliers, India has yet not showered cash on them. Deals with the US and other Western suppliers are announced with much fanfare. Those deals usually die at the cash register with far less fanfare.

In one concrete sign of closer US-India relations, India and the US are “cooperating” in the construction of new Indian aircraft carriers and other new Indian Navy ships. What “cooperating” will end up looking like precisely is difficult to say, but if real cooperation occurs in these projects, then that may be a clear indicator of growing ties between India and the US.

It’s not surprising that in a nation of 1.3 billion people, not everyone agrees about the direction that Indian foreign policy should take.

China and Russia’s willingness to improve their relations enough to forge a massive natural gas deal has many Indians wondering about the possibility of improving relations with China and eventually receiving much-needed natural gas from Russia via Chinese pipelines. China is currently paying much less for Russian natural gas than India is paying for Middle East natural gas.

On paper, the concept of a Russia-China pipeline looks good to India, unless that paper is being viewed in China.

China had a huge motive for accepting a gas deal from their old enemies to the north. China feels fragile and insecure about its short term and long-term energy needs. And it should. Increased energy costs could throw the Chinese economy into near chaos. Helping India gain access to cheaper natural gas would make India a competing consumer for Russian natural gas. It would also help India realize its dreams of military modernization, and it would help that country compete for a larger share of Western export markets. China wants to help India improve its military and its economy about as much as I want to live in Syria – not one damned bit.

Overall, we will likely see closer economic and military ties between the US and India, but it will not happen overnight.

Most Indians are politically rational. They neither wish to become “pro-American,” nor “pro-Western.” They simply wish to find a way to be effectively “pro-Indian.” India’s desire to pursue a pro-Indian agenda in no way conflicts with US or European goals in Asia.

While it is unlikely that India will want or be able to exert much military influence in the South China Sea over the next decade, India remains a critical factor for any Chinese military strategy. Just as India needs to freely navigate the South China Sea, China even more critically needs to navigate the Indian Ocean.

The world champion diplomatic double talkers in Beijing love pretending to ignore India’s influence in Asia. That plays well to the captive Chinese audience, but not so well in the geopolitical reality. India’s slowly growing strength in the Indian Ocean will act as an indirect but strong deterrent to Communist China’s escalation of hostilities in the South China Sea.

In our next article we will consider the overall geopolitical realities in the South China Sea.