The Case of Webster Smith
spawned investigations, a task force, and the Case of Admiral James Van Sice.
The Case of Admiral James Van Sice could have proven to be a most unusual case.
It would have been unusual because he could have been charged with crimes committed in the name of
the Law; that is to say, the Legal PROCESS. Admiral Van Sice
and Captain Douglas Wisniewski
definitely misused the Legal PROCESS.
This is all
the more ironic because these men were the embodiment of what passed for
Justice, integrity, and authority at the Coast Guard Academy (CGA). A Task
Force appointed by the Commandant, Admiral Thad Allen, and a Special
Investigating Flag Officer in the 5th Coast Guard District investigated Admiral
Van Sice. This was altogether fitting and proper. This was just as it should
have been, because only another Flag Officer, such as an admiral, could know
the level of trust and the awesome amount of power that is bestowed upon a man
in that position. Only another officer with that many years of experience who
had convened courts-martial could know how
much more a court-martial is than just a panel of officers sitting in judgment
on a cadet, or how much more a court is than simply a court
room.
It is a PROCESS; it
is a spirit.
It is the Palace of Justice. It is where
men expect to be judged fairly because true Justice is blind.
These men distorted and perverted
justice at the Coast Guard Academy. They hijacked
the legal PROCESS. They used the military justice system as an
instrument of their personal
vengeance. When they sailed into uncharted waters and convened
a court-martial to try a cadet, they torpedoed
Justice and shattered the illusion of fairness at the Academy.
This was a horrendous crime against humanity.
This was
nothing less than dereliction
of duty and malfeasance in office. This was a conscious betrayal of the
oath that they took to defend and to protect the Constitution
of the United States against all enemies, both foreign and domestic.
Van Sice and Wisniewski are, themselves, Coast Guard Academy graduates. Between
them they have almost 60 years of experience as Coast Guard officers. They
reached maturity over 2 generations ago. They are well educated adults in
positions of public trust. They, most of all, should have valued Justice, Honor, Truth, and
Fairness. They should have been capable of being entrusted with
the responsibility for the administration of the PROCESS.
The United
States and much of the world watched and waited to see what would be the
outcome of this case. This was truly a case without precedent. It is a case
that will live in infamy.
Justice was ravished by Admiral Van Sice. We have to re-consecrate the Temple
of Justice at the Academy and in the entire U. S. Coast Guard.
The entire Coast Guard was placed on trial when cadet Webster Smith was
charged. The character
of every Coast Guard officer and Academy graduate was placed in issue when
the Academy Superintendent accused a man of raping his girlfriend 6 months
after she had aborted their child and continued a meaningful relationship with
him.
Webster Smith was at the
beginning of a process that had produced Van Sice and Wisniewski. They were at
opposite ends of the pipe line that turns out Commissioned Coast Guard
officers. So, the goals and the accomplishments of the Academy were called into
question when the two most senior officers at the Academy chose to
court-martial a cadet. Even more so, when they chose to ignore the advice of
the law specialist they detailed to investigate the charges. That was the
Article 32 Investigating Officer who reported to them that the facts would not
sustain a conviction for rape. They chose to accept the advice of the Academy
staff legal officer over that of the Article 32 Investigating Officer.
A General Court-martial was not necessary to get an accused sent to jail for 6
months. A Special Court-martial could have done that. This was over-kill.
Even a Summary Court-martial would have been able to send Webster Smith to jail
for 30 days. One has to ask what was it that drove these two senior,
experienced officers almost mad; so mad, in fact, that they placed their own
careers in jeopardy to punish a cadet.
Was it the
fact that Webster Smith's girlfriend was the first female Regimental Commander
in over 7 years? Or, was it the fact that Doug Wisniewski had handpicked her?
Was he secretly in love with her, and had he picked her for Regimental
Commander to curry favor with her? Was the fact that she became pregnant by a
Black man the ultimate act of infidelity and betrayal to him? Was that why he
ordered Webster Smith out of the barracks at Chase Hall to prevent him from
being able to talk to her? Was that why he placed him under a restraining order
and forced him to work on the boat docks at hard labor many months before a
charge sheet was even drafted or a court-martial was even convened?
The Webster
Smith case gave the world a microscope to see into the character of these senior Coast
Guard officers. It gave all of us a chance to look into the
character and the values of the men who are charged with the security of the
American Homeland. The Coast Guard is the lead agency in the Department of
Homeland Security. Are these officers capable of sound judgment? Or do they
betray the public trust; or take appropriated funds and buy beer brewing
equipment or bar-b-que pits and party while people are suffering?
The big
question is HOW! A good start would be to conduct a thorough honest
investigation and evaluation of the culture and climate at the Academy. A Task
Force has rendered its findings. Regrettably, it did not give a critique of the
actions and judgments of all those responsible for the Webster Smith fiasco.
The reinstatement of former Cadet Webster Smith and the expunging of his record
would be a good start would have been a good start.
Webster Smith
has moved on with his life. He is married and has a child. However, he has bad
paper that will follow him for the rest of his life. He must register as a sex
offender in the State of Texas. A grant of clemency and a Presidential Pardon
would be a giant step towards remedying the wrong that has been done.
However, that
will not be enough. The re-consecration
of Justice at the Academy will not be found in a Task Force
Report. It will not be found in the Uniform Code of Military Justice, or in the
Academy cadet regulations, or in any written documents that no one fully
understands or denies. It will have to be found in the character of the officers
and cadets in the Coast Guard and at the Coast Guard Academy.
Labels: Cadet Webster Smith.
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