Marine LtCol Thomas Jasper - Guantanamo Bay Military Commissions

Marine LtCol Thomas Jasper - This Day in Marine Corps History - August 9

9 August 1942: With the Guadalcanal airstrip secure after heavy fighting with the Japanese, the 1st Engineer Battalion commenced work on the runway using captured equipment. Three days later, on 12 August, the first plane landed on Henderson Field, a Navy PBY which evacuated two wounded Marines. Nearly 3,000 wounded Marines would be evacuated from Henderson Field during the battle.

Source: http://www.usmchangout.com/military/branches/usmc/history/thisdayinhistory.htm#.VcPXQvlViko

Marine LtCol Thomas Jasper - This Day in Marine Corps History - August 1

1 August 1944: After nine days of fighting in a battle termed "the perfect amphibious operation of World War II," MajGen Harry Schmidt, commander of V Amphibious Corps, declared the island of Tinian secured. The combination of surprise, heavy preassault bombardment, and effective logistical support was responsible for Tinian's recapture with a much lower casualty rate (344 killed and 1550 wounded) than had been experienced in previous landings.

Source:  http://www.usmchangout.com/military/branches/usmc/history/thisdayinhistory.htm#august 

Marine LtCol Thomas Jasper - This Day in Marine Corps history

This day in Marine Corps history

28 July 1918: Brigadier General John A. Lejeune assumed command of the 2d Division, U.S. Army in France, and remained in that capacity until August 1919 when the unit was demobilized. He was the first Marine officer to hold an Army divisional command, and following the Armistice, he led his division in the march into Germany

Source: http://www.usmchangout.com/military/branches/usmc/history/thisdayinhistory.htm#july

Marine LtCol Thomas Jasper - Guantanamo detainee's hearing delayed until September (Military Times, Jul. 27, 2015)

Guantanamo detainee's hearing delayed until September (Military Times, Jul. 27, 2015)

By Matthew Yurus, Medill News Service6:01 p.m. EDT July 27, 2015

GUANTANAMO BAY, Cuba — On hold again: The Pentagon's latest attempt to move forward with a military commission for an Iraqi detainee was abruptly canceled when the judge found that the accused's defense attorney, Marine Lt. Col. Sean Gleason, was also involved in another war crimes case.

The pre-trial proceedings for accused terrorist Abd al Hadi al-Iraqi are set to resume Sept. 14.

"I respectfully say some of the comparisons about costs and so forth can be a bit myopic," Chief Prosecutor Army Brig. Gen. Mark Martins said. "I mean these are really important cases, and it's easy to do comparative cost figures and to fail to see how important it is to get national security right and fairness right."

Gleason, Hadi's former counsel, was not present at Wednesday's hearing, where it became evident that the Defense Department never formally released him from Hadi's defense team. Hadi, apparently nervous that Gleason could use information adverse to his interests in other proceedings, told the judge he has lost confidence in his entire defense team, at least temporarily.

"I need to talk to attorney Gleason," Hadi said.

Marine Lt. Col. Thomas Jasper, Hadi's lead defense counsel, told the judge, Navy Capt. J.K. Waits, that his team did not learn of the conflict until the government turned over new evidence less than 24 hours before the pre-trial hearings were scheduled to begin. Jasper told Waits that the government was privy to this information since 2007, the year in which Gleason was originally appointed to Hadi's case.

"I will tell you we take our discovery obligation very seriously," Martins said. "We are producing it as we find it and prepare it."

The judge originally ordered the court in recess in hopes that Hadi could meet with Gleason on short notice before he halted the proceedings altogether on July 23. It could not be confirmed whether Hadi and Gleason were able to speak electronically or otherwise.

Air Force Maj. Ben Stirk, one of Hadi's defense lawyers, declined to meet with reporters given his "current limbo status regarding our representation of Mr. Hadi and the way forward."

Hadi, now in his fifties, is considered a high-value detainee who is accused of being a senior al-Qaida commander who conspired and ordered attacks that resulted in the death of at least eight U.S. service members in Afghanistan. He was captured in 2006 and held by the CIA for no less than 170 days before coming to the detention center at Guantanamo Bay.

Hadi previously objected to being dealt with by female guards, but calmly appeared in court and was dressed in traditional white garb.

The government hoped to move the case forward over the originally scheduled 10-days of hearings by establishing jurisdiction over the defendant and determining what evidence and out-of-court statements could be admitted at trial. No trial date is set.

The prosecution did introduce Felice Viti, the attorney from Utah who prosecuted the Elizabeth Smart kidnap and rape case, as its new deputy counsel. Smart's case gripped the nation throughout the 2000s, culminating in Smart's memoir, "My Story."

The military brass from the Pentagon and witnesses were flown into Guantanamo Bay, Cuba, from Andrews Air Force Base at taxpayer expense and will return in September to resume proceedings, some of which were intended to be completed in this round.

This week's scenario is not an anomaly. For example, the 9/11 trial was scheduled to last two weeks in February, but was derailed on the first day after one of the accused said he recognized his translator from a CIA black site.

The way forward, Martins said, is "following the law."

Marine LtCol Thomas Jasper - Guantanamo prisoner balks at working with defense lawyers (AP, Jul. 22, 2015)

Guantanamo prisoner balks at working with defense lawyers (AP, Jul. 22, 2015)

By DAVID DISHNEAU 

Jul. 22, 2015 1:11 PM EDT

FORT MEADE, Md. (AP) — A Guantanamo prisoner balked at working with his defense lawyers due to a possible conflict of interest Wednesday, prompting an indefinite recess in his pretrial hearing in Cuba.

Abd al-Hadi al-Iraqi told the military judge Wednesday he wished to stop conferring with the two lawyers assigned to his case, at least temporarily. During the recess, prosecutors will try to arrange a meeting between al-Hadi and one of his former attorneys in hopes of resolving the issue.

"Regrettably, we're in a little bit of a limbo," said the judge, Navy Capt. J. Kirk Waits.

The possible conflict involves a former defense team member, Marine Corps Lt. Col. Sean Gleason, who was reassigned in 2013 to another Guantanamo prisoner, Mustafa Hawsawi. Prosecutors turned over to al-Hadi's lawyers some documents earlier this week regarding conversations the prisoners had in 2007 that contained statements harmful to al-Hadi's defense, said defense attorney Marine Lt. Col. Thomas Jasper.

Jasper said al-Hadi never agreed to Gleason's reassignment, making the switch improper.

Waits agreed there was a potential conflict for Gleason representing both Hawsawi and al-Hadi. He said that issue must be resolved, but ruled the hearing could continue since al-Hadi's current lawyers are conflict-free. Al-Hadi objected.

"I don't want them to represent me at this time," he said in Arabic through an interpreter.

Al-Hadi said he wants the option for an independent counsel — one not assigned by the military — but agreed to first meet with Gleason.

Al-Hadi is accused of being an al-Qaida commander who organized deadly attacks on U.S. and allied forces in Afghanistan. He faces up to life in prison if convicted of war crimes.

He has been imprisoned at the U.S. naval base in Guantanamo Bay, Cuba, since 2007, when the Defense Department took custody of him from the CIA.

At his last pretrial hearing in January, defense lawyers asked for an order permanently barring female guards from jobs requiring physical contact with al-Hadi to protect his religious rights. The judge denied the motion in February and rescinded an interim prohibition on the use of female guards. He cited a 2009 ruling by the U.S. Court of Appeals for the District of Columbia that non-resident aliens detained at Guantanamo are not protected under the federal Religious Freedom Restoration Act.

The Associated Press covered Wednesday's hearing from a video feed at Fort Meade, near Baltimore.

Marine LtCol Thomas Jasper - Conflict of interest issues throw wrench in hearing for alleged war criminal (UPI, Jul. 22, 2015)

Conflict of interest issues throw wrench in hearing for alleged war criminal (UPI, Jul. 22, 2015)

By Taylor Hall, Medill News Service   |   July 22, 2015 at 5:53 PM

GUANTANAMO BAY NAVY BASE, CUBA, July 22 (UPI) -- Military court hearings ground to an indefinite halt Wednesday after an Iraqi prisoner accused of war crimes petitioned for a new lawyer, citing conflict of interest issues.

At the start of Wednesday's proceedings, the military judge, Navy Capt. J.K. Wait asked Abd al Hadi al Iraqi, accused of leading violent attacks as a senior al-Qaida commander in 2003, whether he wanted to be represented by his current defense counsel, Marine Lt. Col. Tom Jasper and Air Force Maj. Ben Stirk. Hadi, dressed in traditional white garb, responded: "Today, yes."

But less than one hour later, the Iraqi prisoner had changed his tune.

"I don't want to confer with Jasper or Stirk about this at least temporarily until I have an option for an independent counsel. I don't want them to represent me at this time," al Hadi said through his translator.

The conflict of interest issue and representation for Hadi emerged Sunday, when the lead government prosecutor, Army Lt. Col. David Long, turned over evidence of jailhouse conversations in 2007 between Hadi and a Sept. 11 defendant also imprisoned at Guantanamo, Mustafa al Hawsawi. The prosecution apparently intended to include information from the conversation between Hadi and Hawsawi to prove Hadi was an "unprivileged enemy belligerent."

But Hawsawi and Hadi, it turns out, have a defense lawyer in common -- Marine Lt. Col. Sean Gleason.

Jasper, the lead military defense attorney, said Gleason, previously detailed to Hadi's defense team, was not properly released by Hadi from his case.

"With regard to Gleason, it was only today I realized he's still working in my case. And that was based on what I heard from Jasper today. Before that I had the wrong information," Hadi said in court. "I've been working with Jasper based on the wrong information."

Jasper said this posed critical conflict of interest issues that could complicate future proceedings for the entire defense team.

"We're flying by the seat of our pants trying to figure out our ethical obligations regarding the ethical representation of Hadi," Jasper said.

Hadi has asked for a civilian lawyer, but is not automatically entitled to one under the rules for military commissions because his is not a capital case.
In the hearing Wednesday, Hadi spoke directly to the military judge, Wait, expressing concerns over information shared with Gleason and fair representation by current defense counsel.

"I understand the privileged relationship between attorney and client. But there's an important issue. Attorney Gleason has lots of information concerning me. I don't know if he's gong to use this information in the future, for me or against me," Hadi said.

"Right now I have a very disturbed relationship with my attorneys. I can give you many examples," he added.

One of the military prosecutors, Navy Lt. Col. Vaughn Spencer, challenged the extent of the conflict around the conversations, which took place before either Hadi or Hawsawi had legal representation or faced any charges. But Wait ruled to delay the hearings until Hadi had a chance to speak with Gleason about conflict issues that could adversely affect his case.

"The issue of a potential conflict with Gleason needs to be resolved," Wait said. "The commission directs Jasper to contact Gleason to consult with Hadi. If you want independent counsel, that's your prerogative."

Wait directed the government prosecutors to keep the courts informed on the status of meetings between Gleason with Hadi and Hawsawi.

Hadi has temporarily dismissed Jasper and Stirk, and Wait recessed the military hearings indefinitely until Gleason, who was not present at Guantanamo this week, can be consulted.

Prosecutor Navy Lt. Col. Vaughn Spencer told the military judge Gleason is an active duty Marine and could be contacted "as quickly as you direct us."

Until then, military court proceedings in Guantanamo will remain on hold.

"Regrettably, we're in a little bit of a limbo," Wait said.

Marine LtCol Thomas Jasper - Abd al-Hadi al-Iraqi - Guantanamo July 2015

Military trial inches on for alleged al-Qaida commander (Marine Corps Times, Jul. 24, 2015)

Conflict of interest issues throw wrench in hearing for alleged war criminal (UPI, Jul. 22, 2015)

Guantanamo prisoner balks at working with defense lawyers (Associated Press, Jul. 22, 2015)

New snag stalls war crimes hearings, sidelines Elizabeth Smart case prosecutor (Miami Herald, Jul. 22, 2015)

Marine LtCol Thomas Jasper – PARK UNIVERSITY ADJUNCT FACULTY – CJ105 CRIMINAL LAW

Thomas F. Jasper Jr
Park University Adjunct Faculty
CJ105 Criminal Law
Semester Dates:  June 15 - December 8, 2009

CJ105 Criminal Law

for S2I 2009

Preview Syllabus

Course Description:
CJ105 Criminal Law: This course is a survey of the history and nature of criminal law in the United States. Substantive Criminal law, defenses, and criminal responsibility will be studied within the context of the criminal justice process and rules of evidence. 3:0:3

Educational Philosophy:

All students should engage in a life-long pursuit of learning to obtain a solid educational foundation in their chosen discipline.

I challenge you to absorb the presented information and academic perspectives and strive to develop independent-analytical viewpoints.  Be prepared to engage in lively class discussion and debate based from lectures, readings, quizzes, dialogues, and your pesonal experiences to enhance your academic development.

Learning Outcomes:
Core Learning Outcomes

1. Delineate a basic understanding of the historical development of criminal law in the United States, while perceiving the nature and purpose of criminal law.
2. Demonstrate knowledge of the substantive criminal law, both common law and modern statutes, including the different categories of crimes and the elements of each.
3. Employ improved ability to effectively gather, evaluate, and communicate information in both written and oral forms

Core Assessment:

Core Assessment Assignment

For use beginning Fall 2008

During the course you are required to write three essays, each comparing a modern state statute with corresponding historical common law for that crime.  The purpose in writing these essays is to examine the historical development of criminal law from common law principles to current state statutes, the relationship between criminal justice and the law, and the social policy implications of criminal law development.

Instructors may schedule the essays to be collected all at once or at different times during the course.

To complete each of the three essays, you should:

1. Write three essays: One essay will discuss uncompleted or inchoate crimes or parties to crimes. A second essay will discuss a crime against persons. A third essay will discuss a crime against property.
2. Select a state and its statute making an act a crime (e.g. stealing).
3. Research the historical common law for that crime.
4. Based on your research, compare the current criminal statute with the historical common law to see how the elements of the crime have evolved.
5. Write a short essay, 1,250 words or five typewritten or computer-generated pages, describing the elements of the current state statute, the elements of the historical common law, and comparing the elements and how they have changed. Discuss possible reasons for the changes in the elements, how the interaction of criminal justice agencies and the law may have contributed to these changes, and suggest new changes in the statute, based on society’s needs today.

Each of your three essays must include:

1. A cover page
2. Introduction
3. Description of the elements of the crime under historical common law
4. Description of the elements of the current state statute for that crime
5. Compare how the elements of the crime have changed from the historical common law to the current state statute
6. Discuss possible reasons for the changes
7. Suggest new changes in the statute, based on society’s needs today
8. Reference page, using APA style

You must demonstrate that you understand the terminology and the concepts used in criminal law. You must write using APA format for all source citations in both the body of the essay and in the reference page.Be sure to review the Core Assessment Rubric.

Link to Class Rubric

Class Assessment:

A.  Chapter review (homework submissions), Chapters 1-14.  Be prepared to answer ‘questions for discussion’ at the end of each section.

B.  Three essays as indicated in the core assessment section

C.  Students will make a 15-minute class presentation on one aspect of the law.  Topic will be approved by instructor.

D.  Final Exam to be held in class

Grading:

Classroom participation from assigned Chapter and associated review questions is valued up to 10 points per class for a total of 140 points.
Attendance 70 points (5 points per session)

Three Essays 150 points (50 points each)

Final Exam 120 points

Student presentation 50 points

Total possible points:   530

A 477-530

B 424-476

C 371-424

D 318-370

F Below 318

Late Submission of Course Materials:

Late work will receive a 10% deduction per class session late.

Classroom Rules of Conduct:
Please be respectful of other student’s opinions and stay attentive throughout the entire class.

Course Topic/Dates/Assignments:

Session 1:  Chapter 1:  The Nature and History of Criminal Law

Session 2:  Chapter 2:  Criminal Liability and the Essence of Crime

Session 3:  Chapter 3:  Expanding the Concept of Crime

Session 4:  Chapter 4:  Extending Criminal Liability:  Inchoate Offenses and Parties to Crime

                 Essay assignment

Session 5:  Chapter 5:  Justifications as Defenses

                 Student presentations

Session 6:  Chapter 6:  Excuses as Defenses

                 Student presentations

Session 7:  Chapter 7:  The Defense of Insanity

                 Student presentations

Session 8:  Chapter 8:  Legal and Social Dimensions of Personal Crime: Homicide

                 Essay assignment

Session 9:  Chapter 9:  Legal and Social Dimensions of Personal Crime:  Assault, Battery, and Other Personal Crimes

Session 10: Chapter 10:  Legal and Social Dimensions of Property and Computer Crimes

Session 11: Chapter 11:  Offenses Against Public Order and Administration of Justice

Session 12: Chapter 12:  Offenses Against Public Morality

                  Essay assignment

Session 13: Chapter 13:  Victims and the Law

Session 14: Chapter 14:  Punishment and Sentencing

                  Final Exam Review

Marine LtCol Thomas Jasper – PARK UNIVERSITY ADJUNCT FACULTY – PO200 AMERICAN NATIONAL GOVERNMENT

Thomas F. Jasper Jr - Park University Adjunct Faculty
PO200 American National Government
Semester Dates June 15-December 8 2009

https://app.park.edu/syllabus/syllabus.aspx?ID=629856




PO200 American National Government

for S2I 2009

Preview Syllabus

Mission Statement: The mission of Park University, an entrepreneurial institution of learning, is to provide access to academic excellence, which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.

Vision Statement: Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.

Course	PO 200 American National Government
Semester	S2I 2009 EMC
Faculty	Jasper, Thomas F Jr.
Title	Adjunct Faculty
Degrees/Certificates	B.S. Political Science/History Juris Doctor LL.M (master in international law)
Office Location	US Bataan (LHD-5)
Office Hours	0600-2200
E-Mail	jasper@park.edu jasper@bataan.usmc.mil
Semester Dates	June 15 – December 8, 2009
Class Days	TBA
Class Time	TBA
Credit Hours	3

Textbook:

Volkomer, American Government, Twelfth Edition

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional Resources:

McAfee Memorial Library – Online information, links, electronic databases and the Online catalog. Contact the library for further assistance via email or at 800-270-4347.
Career Counseling – The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.
Park Helpdesk – If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students – A great place to look for all kinds of informationhttp://www.park.edu/Current/.
Course Description:
PO 200 American National Government: (GE) A survey of the functions and processes of the three branches of American national government. The changing roles of the branches and their relationship to the public will be emphasized. 3:0:3

Educational Philosophy:

All students should engage in a life-ling pursuit of learning and strive to obtain a solid educational foundation in your chosen discipline.  I challenge you to absorb the presented information and academic perspectives and then pursue your own analytical development and independent viewpoints.  Be prepared to engage in lively class discussion and debate based from lectures, readings, quizzes, dialogues, and pesonal experiences for their academic development.

Learning Outcomes:
Core Learning Outcomes

1. Explain the historical and constitutional basis for the federal government’s structure and its system of checks and balances
2. Evaluate the role of public opinion, media and interest groups in the development of public policy and elections
3. Analyze the conduct of elections and explain group and individual voting behavior.
4. Analyze the creation of policy and administration of government programs

Core Assessment:

Core Assessment

All Park University courses must include a core assessment that measures Departmental Learning Outcomes.  The purpose of this assessment is to determine if expectations have been met concerning mastery of learning outcomes across all instructional modalities.  The core assessment for this course is a portfolio of written work and will account for at least 20% of the total grade for the course and cover all four of the Core Learning Outcomes.

Link to Class Rubric

Class Assessment:

Course Requirements:

Assignment                                    Percentage of Final Grade

Class Participation                         15%

Exam One-Week 4                       15%

Exam Two-Week 8                       20%

Exam Three-Week 12                   20%

Final Exam-Week 15                     30%

Grading:

Exams will consist of short answer questions and essays.  Each of the first three exams will encompass 20% of your final grade.  The final exam is comphrehensive and constitutes 30% of the final grade.  Pop quizzes will occur periodically throughout the semester.  These quizzes will cover the assigned readings and will constitute 10% of the final grade.

Late Submission of Course Materials:
Students who miss one of the quizzes or exams may make it up only with the permission of the instructor.

Classroom Rules of Conduct:
Please be on time and attentive.

Course Topic/Dates/Assignments:

COURSE OUTLINE

Week                     Assignment

One                        Chapter 1

Two                        Chapter 2

Three                      Chapter 3

Four                       Chapter 4, Exam

Five                        Chapter 5

Six                          Chapter 6

Seven                     Chapter 7

Eight                       Chapter 8, Exam

Nine                       Chapter 9

Ten                         Chapter 10

Eleven                     Chapter 11

Twelve                    Chapter 12, Exam

Thirteen                   Chapter 13

Fourteen                  Chapter 14

Fifteen                     Final Exam

Marine LtCol Thomas Jasper - MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (SHORT TITLE: LEGADMINMAN) - Boards of Inquiry, BOI

http://www.marines.mil/Portals/59/MCO%20P5800.16A%20W%20CH%201-7.pdf

 MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (SHORT TITLE: LEGADMINMAN)

Marine LtCol Thomas Jasper - Marine Corps Defense Services Organization - "... courts-martial, boards of inquiry, and administrative separation boards..."

http://www.hqmc.marines.mil/dso/DSOHome.aspx

About the DSO
"The Marine Corps Defense Services Organization (DSO) is a global criminal defense law firm comprised of over 60 Marine judge advocates and legal service support staff who are passionate about defending Marines at courts-martial, boards of inquiry, and administrative separation boards.  We put our clients first – above our own careers, the interests of the command, and Marine Corps.  We leverage our years of experience in fighting – and winning – hard battles against the government to help achieve the best possible results for our clients.  While no attorney can guarantee you a result, if you are a Marine accused, there is no better team in your corner than the DSO."

Marine LtCol Thomas Jasper - MARINE CORPS LEGAL SERVICES MILITARY JUSTICE REPORT FISCAL YEAR 2012

http://www.hqmc.marines.mil/Portals/135/Docs/JAI/USMC%20MilJus%20Report%202012%20-%201%20Mar%2013%20FINAL.pdf

"The Marine Corps consistently maintains a special and general court-martial docket of 

approximately 600 cases. As demonstrated above, a large percentage will be disposed of at 

alternative forums such as administrative separation boards, summary courts-martial, or 

nonjudicial punishment (NJP). These alternative dispositions still require judge advocate 

support, as suggested by the 768 administrative separation boards and 58 Boards of Inquiry 

conducted by the Marine Corps in FY 12 (an increase of over 50% from FY 11). Each board 

requires a defense counsel to represent the respondent and, typically, a trial counsel to serve as recorder. 

In Boards of Inquiry, an Article 27(b) certified attorney must serve as the trial counsel. 

NJP counseling, Article 138, UCMJ complaints, and Request Mast petitions by Marines and 

Sailors also contribute to the workload of the average defense counsel. In FY 12, Marine 

defense counsel provided advice to over 10,000 military servicemembers during walk-in 

counseling sessions, in addition to the advice they provided to defense clients to whom they had 

been detailed."

Marine LtCol Thomas Jasper 10 U.S.C. 1182 - BOARDS OF INQUIRY

U.S. GOVERNMENT PRINTING OFFICE

10 U.S.C. 1182 - BOARDS OF INQUIRY

http://www.gpo.gov/fdsys/granule/USCODE-2010-title10/USCODE-2010-title10-subtitleA-partII-chap60-sec1182

Marine LtCol Thomas Jasper PROCEDURES APPLICABLE TO COURTS AND BOARDS OF INQUIRY JAGINST 5830.1A

JAG INSTRUCTION 5830.1A

PROCEDURES APPLICABLE TO COURTS AND BOARDS OF INQUIRY

http://www.jag.navy.mil/library/instructions/5830_1A.pdf

Marine LtCol Thomas Jasper - Marine Corps Marathon 2010

Thomas Jasper: Thomas Jasper Marine Corps Marathon 2010: Thomas Jasper Marine Corps Marathon 2010

Marine LtCol Thomas Jasper - Marine Corps Marathon 2010

Thomas Jasper
Marine Corps Marathon 2010