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Volume II, Issue 1
                       FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor                                           January 2012


                                                        ments.
                       Welcome       to the first                                       activities during this elec-
                       2012 issue of the Advo-             In this issue we will con-   tion year. It is a matter of
                       cate. This promises to be a      tinue our analysis of the       great importance which
                       very big year for us in the      NDAA and why is it so im-       we will discuss in our Eth-
                       National Guard.                  portant to us. We will also     ics Matters section along
                                                        the review newly approved       with practical examples of
                          December 2011 saw the                                         what to do and not do as
                                                        state Shared Custody law
                       passage of the National                                          members of the Armed
                                                        and the impact it has in
                       Defense Authorization Act                                        Forces.
   “We sure can        of 2012 which included the
                                                        our soldiers and how it can
 expect a new and                                       affect our readiness for           This issue also contains
                       National Guard Empower-
                                                        deployment,       especially    the highly anticipated and
higher exposure of     ment act. In a nutshell, the
                                                        with the preparation of         much valued movie re-
                       Chief of the National Guard
    the Guard’s        Bureau is now a full mem-
                                                        family care plans.              view by our very own SGT
  capabilities and     ber of the Joint Chiefs of          Just a couple of days        Javier Fontanez. This
what we can bring      Staff. We sure can expect        ago, on 23 January 2012,        month he reviews and
                       a new and higher exposure        the Chief of the National       discusses Erin Brock-
to the table both to                                                                    ovich. We hope you enjoy
                       of the Guard’s capabilities      Guard Bureau promul-
  the Federal and      and what we can bring to         gated a memorandum to           this latest installment of
        State          the table both to the Fed-       all National Guard mem-         The Advocate.
   Governments.”       eral and State Govern-           ber concerning political




                                                                                                                        Inside this issue:
                                                                                                                        Legal Resources, Know      2
                                                                                                                        Your Rights:
                                                                                                                            The Puerto Rico
                                                                                                                         “Shared Custody” Law
                       FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque                                             Ethics Matters:            3
                                                                                                                            Political Activities
                                                        Advocates must prepare          the JAG at every level of its
                         Last    December I real-
                                                        adequately, by attending        operations.
                       ized that as 27 Deltas                                                                           Talking About…             4
                                                        the necessary schools and                                        The National Defense
                       (Paralegals), we are now                                            This in conjunction with
                                                        conferences required by                                             Authorization Act
                       eligible to serve in certain                                     our Adjutant General’s
                                                        the Judge Advocate Gen-                                                 for 2012
                       MOS-Immaterial Sergeants                                         vision for the Puerto Rico
  “To accomplish       Major positions; this is
                                                        eral’s Corps.
                                                                                        National Guard and his          Link it Up!                7
 this we will need     great news for Paralegal            To accomplish this we        thoughts on the impor-
the support of our     NCOs.                            will need the support of        tance of military schools,      At the Movies:             8
National Guard to                                       our National Guard to pro-      as the best tool to make             Erin Brockovich
                          Along with that, there are
                                                        vide the resources to send      that vision a reality, is
     provide the       several changes in the hori-
                                                        these soldiers in order to      something in which we           From the JAG Bookshelf:    8
 resources to send     zon from the National                                                                             The War on Terror and
                                                        be at the same level as         cannot skimp, with those
                       Guard Bureau, with regards                                                                           the Laws of War
  these soldiers in                                     others in the United            soldiers that have demon-
                       to the distribution of assign-
                                                        States.                         strated a true interest in      What’s New on Our          8
 order to be at the    ments and the possible
                                                                                        their career progression        Facebook Page.
    same level as      increase of positions in the        The foreseen changes
                                                                                        above all. Let us welcome
                       JAG Section. It is with this     respond to the increment
    others in the      reality in mind that parale-     and diversity of legal ser-
                                                                                        these changes by setting
   United States.”                                                                      the example.
                       gals, legal NCOs and Judge       vices being provided by
Your Rights Under the Puerto Rico “Shared Custody Law”
                                                                                 influenced and develop stronger        propitiate that most parents vol-
                                             A few months ago a new Law          bonds with both parents and their      untarily accept shared custody
                                           was enacted by the Government
                                                                                 families.                              because of the elements that are
                                           of Puerto Rico to change parent-
                                                                                                                        mostly present in almost all child
                                           child relations, Law Number 223          The practical application of this
                                                                                                                        support cases.
                                           of 2011, better known as the          law will of course depend on the
                  Read the complete
                  text of the new Puerto
                                           “Shared Custody Law”. Basically,      specific situation of every family.       Some of these elements in-
                  Rico Shared Custody      before this law was passed if you     Both parents would need to con-        clude:
                  law by following the
                                           had children and separated from       tinue to live relativity close to
                  link.
                                           your spouse or partner, the courts    each other, since it will require      The reason for divorce (domestic
                                           would choose only one of two          continuous contact between both        violence, infidelity, etc.) Usually
                                           alternatives: You were either the     parents and the minors; and will       the reason for the divorce and/or
By: 1LT Walter Rodriguez-Fernandez                                                                                      separation will continue to
  Office of the Staff Judge Advocate       custodial parent or the non-          basically require that the child
   Puerto Rico Army National Guard         custodial parent. With the ap-        stays (sleeps) on alternate days       “haunt” the parents.
                                           proval of this new law a third op-    and/or weeks in each of the par-       One or both of the parents enter
                                                                                       ent’s home; or that the child    into a new relationship. This can
                                                                                       will continue to stay (sleep)    affect because the ex-couple will
                                                                                       in one of his parent’s home      be still seeing each other in a
                                                                                       but the other will be actively   daily bases and sharing their lives
                                                                                       present in their life, be it     around the minor with their new
                                                                                       because he relates every         partners that of course may not
                                                                                       day or mostly every day with     support this relationship.
                                                                                       them. This law primarily
                                                                                       looks out for the child’s best   The virtually additional income
                                                                                       interest and time and time       that the custodial parent will have
                                                                                       again the courts have ex-        in the current child support sys-
                                                                                       pressed that it is in the        tem. That’s because under Puerto
                                                                                       child’s best interest to re-     Rico law a non-custodial parent
                                                                                       late with both parents           can be ordered to pay almost the
                                                                                       equally.                         total of his/her income in child
                                                                                                                        support – you read right – with
                                                                                         The biggest concern to
                                                                                                                        the exception of $515.00 of
                                                                                       date with this law is the
                                                                                                                        monthly reserve. For example if
                                                                                       impact it will have regarding
                                                                                                                        your income is $3000.00 a
                                                                                       child support and the proce-
                                                                                                                        month, you can be ordered by the
                                                                                       dures in place. As it stands
                                                                                                                        court, to pay up to $2485 in child
                                                                                       child support is usually paid
                                                                                                                        support.
                                                                                       by the non-custodial parent
         BACKGROUND                                                                    to the child, via the custo-     The distance that one parent
                                                                                       dial parent. With the option     lives from another (For example
     In the United States, Joint           tion is available for the courts:     of shared custody it stands to         one lives and work in San Juan
   custody is generally a court            shared custody.
   order whereby custody of a
                                                                                 logic that any child support or-       while the other lives and work in
   child is awarded to both                   The new law states that shared     dered by the court could be con-       Ponce) This can affect the child’s
   parties.                                custody will be the primary option    siderably less or eliminated, de-      daily routine of school and other
                                           the courts will have to consider in   pending on the amount of shared        such activities like sports.
     In joint custody both par-
   ents are custodial parents              custody cases. If for some reason,    time with each parent.
                                                                                                                           This law is a great option for
   and neither parent is a non-            after the court’s evaluation of the
   custodial parent, or, in other                                                   In my opinion child support will    parents, and some already have
                                           situation and the child’s best in-                                           had this kind of relationship with
   words, the child has two                                                      be eliminated or at least drasti-
   custodial parents.
                                           terest, shared custody isn't the                                             their children before this law was
                                           best option for the minor. The        cally decreased, leaving only
     In the United States,                                                       those major expenses, such as          even thought of. It’s rare but it
                                           courts will establish the more con-                                          does happen in a few cases and
   many states recognize two                                                     schooling, extracurricular activi-
                                           ventional way of parent-child rela-                                          mostly because the parents have
   forms of joint custody,                                                       ties and medical coverage, to be
   which include joint physical            tionships that entails one custo-                                            excellent communication and a
   custody and joint legal cus-            dial parent (usually the mother)      determined by the court. In other
                                                                                 words both parents will share the      mature relationship where the
   tody. In joint physical cus-            and a non-custodial parent                                                   non-custodial parent is always
   tody, the actual lodging and            (usually the father) who would        burden of their children’s ex-
   care of the child is shared                                                   penses equally, but there won't be     present both physically and finan-
                                           have visitation rights on alternate                                          cially.
   according to a court-                                                         child support established under
   ordered custody schedule.               weekends.
   In joint legal custody, both
                                                                                 the ASUME (Puerto Rico Child              As always every situation is
                                             The main goal of this law is for    Support Enforcement Agency)            different and if you think that you
   parents share the ability to
   have access to their chil-              children to be raised by both par-    rules and guidelines. I also believe   can benefit from this new law you
   dren's records, such as                 ents even if they don't share a       that the particular impact this law    should seek legal counsel from a
   educational records, health             common home. In this way the          will have on current ASUME child       licensed attorney who can advise
   records, and other records.             law will try to help children to be   support rules and guidelines won't     you in your particular case.
Political Activities              By: MAJ William E. O’Connor

    Recently, the Chief of the Na-                                          one’s behalf or no that of an-
                                         The Hatch Act, enacted in
 tional Guard Bureau issued a                                               other, without respect to uniform
                                      1939, is the law that restricts
 Memorandum for Members of                                                  or inference or appearance of
                                      the partisan political activity of
 the National Guard regarding                                               official sponsorship, approval, or
                                      civilian executive branch employ-
 their rights to participate in the                                         endorsement. Participation in-
                                      ees of the Federal Government,
 American political process. Fed-                                           cludes more than a mere atten-
                                      District of Columbia Government,
 eral law, imposes certain limita-                                          dance as an spectator.
                                      and some state and local em-
 tions in the participation of ser-
                                      ployees who work in connection           In the upcoming issues we will
 vice members in political activi-
                                      with federally funded programs.       discuss this subject at length.
 ties.
                                      This law was substantially
    The Chief’s Memorandum            amended on 1993, in order to
 highlights some of the most im-      allow most Federal employees to
 portant rules pertaining this kind   engage in certain types of politi-
 of activities:                       cal activities while in their per-
                                      sonal capacities.
    Members of the National
     Guard, while serving on Title       The Armed Forces are not cov-
     10 or Title 32 in a full time    ered by the Act. However, politi-
     capacity must conform their      cal activities of the members of
     conduct to the provisions of     the Armed Forces are governed
     DoDD 1344. 10. This ap-          by Department of Defense (DOD)
     plies to mobilized Guard         Directive 1344.10. This regula-
     members, members serving         tion lists a series of prohibitions
     in the NGB, or those per-        such as participation in partisan
     forming Title 10 ADOS-AC or      political fundraising activities      Guidelines laid out in the federal Hatch Act specifically prohibit uni-
     ADOS-RC. It also applies, but    (except as permitted), rallies,       formed members of the military from making political speeches or taking
                                      conventions (including making         official roles on political campaigns. Members of the military are permit-
     is limited to, those Guard
                                                                            ted to attend political rallies, but must not be wearing their uniform while
     members serving AGR or           speeches in the course of
                                                                            in attendance. On stage with Ron Paul, CPL Jesse Thorsen was wearing
     FTNGD in a Title 32 status.      thereof), management of cam-
                                                                            green Army fatigues, in a clear example of what NOT to do.
                                      paigns, or debates, either on
    Title 5 civilian employees
     and military technicians
     must conform their conduct
     to the provisions of the
     Hatch Act. Employees must
     be aware of whether they
     are “less restricted” or
     “further restricted” employ-
     ees under the Hatch Act
     because of differing restric-
     tions; most Title 5 employ-
     ees and military technicians
     are “less restricted” employ-
     ees.
    Traditional or “M-Day”, Na-
     tional Guard members who
     are not military technicians
     are not restricted by these
     authorities unless ordered
     to full time military duty.
    All National Guard mem-
     bers, whether or not on full
     time military duty, and all
     military technicians, must
     adhere to prohibition wear
     of the military uniform while
     engaged in political activi-
     ties.
  From the Reading above you
 may ask what is the Hatch Act?
The    National Defense       ing arrests by members of the
                                                                        Armed Forces.
                                                                                                                Addressing previous conflict with
                                        Authorization Act (NDAA)                                                the Obama Administration regard-
                                        for Fiscal Year 2012 was            INDEFINITE DETENTION                ing the wording of the Senate text,
                                        signed into United States        WITHOUT TRIAL: SECTION 1021            the Senate-House compromise
                                        law on December 31,                                                     text, in sub-section 1021(d), also
                                        2011 by President Barack           Pursuant to the AUMF passed in       affirms that nothing in the Act "is
                                        Obama.                          the immediate aftermath of the          intended to limit or expand the
                                                                        September 11, 2001 attacks, the         authority of the President or the
                                           The Act authorizes $662      NDAA text affirms the President's       scope of the Authorization for Use
                                        billion in funding, among       authority to detain, via the Armed      of Military Force." The final version
                                        other things "for the de-       Forces, any person "who was part        of the bill also provides, in sub-
                                 fense of the United States and its     of or substantially supported al-       section(e), that "Nothing in this
                                 interests abroad." In a signing        Qaeda, the Taliban, or associated       section shall be construed to af-
                                 statement, President Obama de-         forces that are engaged in hostili-     fect existing law or authorities
                                 scribed the Act as addressing          ties against the United States or its   relating to the detention of United
                                 national security programs, De-        coalition partners," and anyone         States citizens, lawful resident
                                 partment of Defense health care        who commits a "belligerent act"         aliens of the United States, or any
                                 costs, counter-terrorism within the    against the U.S. or its coalition       other persons who are captured or
                                 U.S. and abroad and military mod-      allies, under the law of war,           arrested in the United States." As
                                 ernization. The Act also imposes       "without trial, until the end of the    reflected in Senate debate over
                                 new economic sanctions against         hostilities authorized by the           the bill, there is a great deal of
                                 Iran (section 1045), commissions       [AUMF]." The text also authorizes       controversy over the status
                                 reviews of the military capabilities   trial by military tribunal, or          of existing law.
                                 of countries such as Iran, China,      "transfer to the custody or control
                                 and Russia, and refocuses the          of the person's country of origin,"
                                 strategic goals of NATO towards        or transfer to "any other foreign
                                 energy security. The Congres-          country, or any other foreign en-
                                 sional Research Service provides       tity." An amendment to the Act
                                 a summary of the many provi-           that would have explicitly forbid-
                                 sions of the Act, available on the     den the indefinite detention with-
                                 web.                                   out trial of American citizens was
                                    The most controversial provi-       rejected by the Senate.
                                 sions to receive wide attention
                                 are contained in Title X, Subtitle
                                 D, entitled "Counter-Terrorism." In
                                 particular, sub-sections 1021 and
                                 1022, which deal with detention
                                 of persons the government sus-
                                 pects of involvement in terrorism,
                                 have generated controversy as to
                                 their legal meaning and their po-
                                 tential implications for abuse of
                                 Presidential authority. Although
                                 the White House and Senate
                                 sponsors maintain that the Au-
                                 thorization for Use of Military
                                 Force (AUMF) already grants
                                 presidential authority for indefi-
                                 nite detention, the Act states that
                                 Congress "affirms" this authority
                                 and makes specific provisions as
                                 to the exercise of that authority.
                                 The detention provisions of the
                                 Act have received critical atten-
                                 tion by, among others, the Ameri-
The National Defense Au-
thorization Act for Fiscal       can Civil Liberties Union (ACLU)
Year 2012 is comprehensive       and some media sources which
legislation which authorizes     are concerned about the scope of
the budget authority of the      the President's authority, includ-
Department of Defense and        ing contentions that those whom
the national security pro-
grams of the Department of
                                 they claim may be held indefi-
Energy. Click on the Book to     nitely could include U.S. citizens
read the full text of the Law.   arrested on American soil, includ-
REQUIREMENT FOR MILITARY               patrol our streets.” After a
   CUSTODY: SECTION 1022                 Senate-House compromise
                                         text explicitly ruled out any
   All persons arrested and de-
                                         limitation of the President's
tained according to the provi-
                                         authorities, and removed the
sions of section 1021, including
                                         requirement of military de-
those detained on U.S. soil,
                                         tention for terrorism sus-
whether detained indefinitely or
                                         pects arrested in the United
not, are required to be held by
                                         States, the White House
the United States Armed Forces.
                                         issued a statement saying
The law affords the option to
                                         that it would not veto the bill.
have U.S. citizens detained by
the armed forces but this re-               During debate within the
quirement does not extend to             Senate and before the Act's
them, as with foreign persons.           passage, an amendment
Lawful resident aliens may or            intended to forbid the indefi-
may not be required to be de-            nite detention of U.S. citi-
tained by the Armed Forces, "on          zens was introduced; the amend-
                                                                                ACLU and Human Rights Watch,
the basis of conduct taking place        ment was rejected by a vote of
                                                                                and received criticism from The
within the United States."               37–61. Udall subsequently voted
                                                                                New York Times and other news
                                         for the Act in the joint session of
                                                                                organizations.
  REQUIREMENT FOR MILITARY               congress that passed it, and
   CUSTODY: SECTION 1022                 though he remained "extremely             On December 31 and after
                                         troubled" by the detainee provi-       signing the National Defense
   All persons arrested and de-
                                         sions, he promised to "push Con-       Authorization Act for Fiscal Year
tained according to the provi-
                                         gress to conduct the maximum           2012 into law, President Obama
sions of section 1021, including
                                         amount of oversight possible."         issued a statement on it that
those detained on U.S. soil,
                                                                                addressed "certain provisions
whether detained indefinitely or            The Senate later adopted by a
                                                                                that regulate the detention, inter-
not, are required to be held by          98 to 1 vote a compromise
                                                                                rogation, and prosecution of ter-
the United States Armed Forces.          amendment, which preserves
                                                                                rorism suspects." In the state-
The law affords the option to            current law concerning U.S. citi-
                                                                                ment Obama maintains that "the
have U.S. citizens detained by           zens and lawful resident aliens
                                                                                legislation does nothing more
the armed forces but this re-            detained within the United
                                                                                than confirm authorities that the
quirement does not extend to             States. It has been argued that
                                                                                Federal courts have recognized           Interesting Changes From
them, as with foreign persons.           current law does not allow the                                                       Previous NDAAs
                                                                                as lawful under the 2001 AUMF.
Lawful resident aliens may or            indefinite detention of American
may not be required to be de-            citizens, while the Obama Ad-             I want to clarify that my Ad-         Rules for Rendering Hand
                                                                                                                            Salute of U.S. Flag
tained by the Armed Forces, "on          ministration and other Senators        ministration will not authorize the
the basis of conduct taking place        have argued that it does.              indefinite military detention with-     Law Now Allows Retirees
within the United States."                                                      out trial of American citizens. [...]   and Vets to Salute Flag
                                               CONTROVERSY OVER
                                                                                My Administration will interpret        Traditionally, members of
  ACTIONS FROM THE WHITE                      INDEFINITE DETENTION
                                                                                section 1021 in a manner that           the nation's veteran’s ser-
HOUSE AND SENATE LEADING TO                                                                                             vice organizations have
                                            Sections 1021 and 1022 have         ensures that any detention it
         THE VOTE                                                                                                       rendered the hand-salute
                                         been called a violation of consti-     authorizes complies with the
                                                                                                                        during the national anthem
   The White House had previ-            tutional principles and of the Bill    Constitution, the laws of war, and      and at events involving the
ously threatened to veto the Sen-        of Rights. Internationally, the UK-    all other applicable law. [...] As      national flag only while
ate version of the Act, arguing          based newspaper The Guardian           my Administration has made              wearing their organization’s
that "the authorities granted by         has described the legislation as       clear, the only responsible way to      official head-gear.
the Authorization for Use of Mili-       allowing indefinite detention          combat the threat al-Qa'ida             The National Defense Au-
tary Force Against Terrorists,           "without trial [of] American terror-   poses is to remain relentlessly         thorization Act of 2008
including the detention author-          ism suspects arrested on US soil       practical, guided by the factual        contained an amendment to
ity... are essential to our ability to   who could then be shipped to           and legal complexities of each          allow un-uniformed service
                                                                                                                        members, military retirees,
protect the American people...           Guantánamo Bay;" Al Jazeera            case and the relative strengths         and veterans to render a
Because the authorities codified         has written that the Act "gives        and weaknesses of each system.          hand salute during the
in this section already exist, the       the US military the option to de-      Otherwise, investigations could         hoisting, lowering, or pass-
Administration does not believe          tain US citizens suspected of          be compromised, our authorities         ing of the U.S. flag.
codification is necessary and            participating or aiding in terrorist   to hold dangerous individuals           A later amendment further
poses some risk." The White              activities without a trial, indefi-    could be jeopardized, and intelli-      authorized hand-salutes
House also argued that provi-            nitely." The official Russian inter-   gence could be lost. I will not         during the national anthem
sions requiring military detention       national radio broadcasting ser-       tolerate that result, and under no      by veterans and out-of-
of terrorism suspects on Ameri-          vice Voice of Russia has com-          circumstances will my Admini-           uniform military personnel.
can soil were “inconsistent with         pared the Act to legislation           stration accept or adhere to a
the fundamental American princi-         passed by the Third Reich; the         rigid across-the-board require-
ple that our military does not           Act has been opposed by the            ment for military detention."
The Joint Chiefs of Staff       I want to clarify that my Admini-      imposes unilateral sanctions           and vice chairman of the Joint
(JCS) consist of the Chair-       stration will not authorize the         against the Central Bank of Iran,      Chiefs, as well as the chiefs of
man, the Vice Chairman, the       indefinite military detention with-     effectively blocking Iranian oil       staff from the Army, Navy, Air
Chief of Staff of the Army, the
Chief of Naval Operations, the    out trial of American citizens. [...]   exports to countries which do          Force and Marines. His presence
Chief of Staff of the Air         My Administration will interpret        business with the United States.       is controversial, drawing signifi-
Force, the Commandant of          section 1021 in a manner that           The new sanctions impose pen-          cant support from Congress but
the Marine Corps and the          ensures that any detention it           alties against entities -- including   unanimous opposition from
Chief of the National Guard       authorizes complies with the            corporations and foreign central       within the Joint Chiefs. Each
Bureau. The collective body
of the JCS is headed by the
                                  Constitution, the laws of war,          banks -- which engage in trans-        member expressed that opposi-
Chairman, who sets the            and all other applicable law. [...]     actions with the Iranian central       tion during a hearing on Capitol
agenda and presides over JCS      As my Administration has made           bank. Sanctions on transactions        Hill in November, arguing that
meetings.                         clear, the only responsible way to      unrelated to petroleum take ef-        the chiefs of staff for the Army
    Responsibilities as mem-      combat the threat al-Qa'ida             fect 60 days after the bill is         and Air Force represent the full
bers of the Joint Chiefs of       poses is to remain relentlessly         signed into law, while sanctions       spectrum of their services, in-
Staff take precedence over        practical, guided by the factual        on transactions related to petro-      cluding National Guard ele-
duties as the Chiefs of Mili-     and legal complexities of each          leum take effect a minimum of          ments.
tary Services. The Chairman
of the JCS is the principal
                                  case and the relative strengths         six months after the bill's sign-
                                                                                                                    “There is no compelling mili-
military adviser to the Presi-    and weaknesses of each system.          ing. The bill grants the U.S. Presi-
                                                                                                                 tary need to support this historic
dent, Secretary of Defense        Otherwise, investigations could         dent authority to grant waivers in
                                                                                                                 change,” Joint Chiefs chairman
(SoD), and the National Secu-     be compromised, our authorities         cases in which petroleum pur-
rity Council (NSC), however,                                                                                     Gen. Martin Dempsey said at the
                                  to hold dangerous individuals           chasers are unable, due to sup-
all JCS members are by law                                                                                       hearing.
                                  could be jeopardized, and intelli-      ply or cost, to significantly reduce
military advisers, and they
may respond to a request or       gence could be lost. I will not         their purchases of Iranian oil, or        But those backing the change
voluntarily submit, through       tolerate that result, and under no      in which American national secu-       point to the increased responsi-
the Chairman, advice or opin-     circumstances will my Admini-           rity is threatened by implementa-      bilities given to National Guards-
ions to the President, the        stration accept or adhere to a          tion of the sanctions.                 men during the last decade, one
SoD, or NSC.                      rigid across-the-board require-                                                      that saw Guard troops de-
                                  ment for military detention."                                                        ploy often to Iraq and Af-
                                                                                                                       ghanistan as well as tend to
                                     The American Civil Liber-
                                                                                                                       various disasters in the
                                  ties Union has responded
                                                                                                                       United States.
                                  that despite claims by the
                                  Obama Administration to the                                                           “We are grateful for the
                                  contrary, "The statute con-                                                        efforts the executive and
                                  tains a sweeping worldwide                                                         legislative bodies have gone
                                  indefinite detention provi-                                                        to in placing the chief of the
                                  sion... [without] temporal or                                                      National Guard Bureau on
                                  geographic limitations, and                                                        the Joint Chiefs of Staff,”
                                  can be used by this and                                                            McKinley said in a state-
       BACKGROUND                 future presidents to militarily                                                    ment. “We look forward to
   Gen Craig R. McKinley          detain people captured far                                                         working alongside the other
is Chief, NGB, a joint activity   from any battlefield." The                                                         Joint Chiefs to provide our
of the DoD. As Chief, he’s the    ACLU furthermore com-                                                              nation’s senior leaders with
senior uniformed NG officer       mented that "While Presi-                                                          a fuller picture of the non-
responsible for formulating,      dent Obama issued a sign-                                                          federalized National Guard
developing and coordinating
all policies, programs and
                                  ing statement saying he had                                                        as it serves in support of
plans affecting more than         'serious reservations' about                                                       homeland defense and civil
half a million Army and Air       the provisions, the state-                                                         support missions.”
NG personnel.                     ment only applies to how his                CHAIRMAN OF GUARD
                                  administration would use the              BUREAU JOINS JOINT CHIEFS            Other provisions that affect the
  Appointed by the Presi-
                                  authorities granted by the                                                     National Guard include re-
dent, he served as principal
adviser to the Secretary of                                                  The Joint Chiefs of Staff has       establishing the position of vice
                                  NDAA," and maintains that "the
Defense through the Chair-                                                grown by one, with existing mem-       chief of the National Guard Bu-
                                  breadth of the NDAA’s detention
man of the JCS on NG mat-                                                 bers, however reluctantly, wel-        reau at the three-star level while
                                  authority violates international
ters, a function he will now                                              coming the chairman of the Na-         rescinding the two-star position
carry out without intermedi-      law because it is not limited to
                                                                          tional Guard Bureau as a full          of director of the bureau’s joint
aries as a member of the          people captured in the context of
                                                                          member.                                staff. The new law also requires
Joint Chiefs. He is also the      an actual armed conflict as re-
principal adviser to the Sec-     quired by the laws of war."                                                    that National Guard general offi-
                                                                             Air Force Gen. Craig McKinley
retary and Chief of Staff of                                                                                     cers be considered for command
                                                                          took his place among the presi-
the Army, and the Secretary         SANCTIONS TARGETING THE                                                      of U.S. Army North and U.S. Air
and Chief of Staff of the Air                                             dent’s top military advisers on
                                     IRANIAN CENTRAL BANK                                                        Force North, and it authorizes
Force on all NG issues. As                                                Saturday when President Barack
                                                                                                                 funding for the National Guard’s
NGB Chief, he serves as the         As part of the ongoing dispute        Obama signed the 2012 Na-
department's official channel                                                                                    State Partnership Program.
                                  over Iranian uranium enrich-            tional Defense Authorization Act.
of communication with the
                                  ment, section 1245 of the NDAA
Governors and Adjutants                                                     McKinley joins the chairman
General.
DEBT COLLECTION
If you are behind in paying your bills, you can expect to hear from a debt collector.
A debt collector is someone, other than the creditor, who regularly collects debts
owed to someone else. Lawyers who collect debts on a regular basis are considered
debt collectors, too.

                   WHAT YOU NEED TO KNOW
You have rights: Federal law requires that debt collectors treat you fairly. In short,
that means:
A debt collector may contact you in person, by mail, telephone, telegram, or fax, but
may not contact you at inconvenient times or places – for example, before 8 a.m. or
after 9 p.m – unless you agree. A debt collector may not contact you at work if the
collector is aware that your employer prohibits it.

If an attorney is representing you about the debt, the debt collector must contact the
attorney, rather than you. If you don’t have an attorney, a collector may contact
other people only to find out your address, your phone number, and where you
work.

A debt collector may not harass, oppress, or abuse you or any third parties they con-
tact about you.

A debt collector may not lie or mislead anyone when collecting a debt.
PUERTO RICO NATIONAL GUARD
OFFICE OF THE STAFF JUDGE ADVOCATE                                               losing a personal injury law-                       sponsible for the extensive
                                                                                 suit against a doctor in a car                      illnesses that the residents
100 General Esteves Street                                                       accident she was in, asks                           of Hinkley have been diag-
San Juan, Puerto Rico 00901-1401                                                 her lawyer, if he can find her                      nosed with and fights to
Phone: 289-1400 Ext. 1030                                                        a job in compensation for                           bring the company to jus-
Fax: 787-289-1431                                                                the loss. He gives her work                         tice.
E-Mail: theadvocate.prng@gmail.com                                               as a file clerk in his office,
                                                                                                                                     Erin meets a mysterious
                                                                                 and she runs across some
                                                                                                                                     man in a bar who claims
                                                                                 files on a pro bono case
                                                                                                                                     that he was tasked with
                                                                                 involving medical records in
http://                                                                          real-estate files and PG&E
                                                                                                                                     destroying documents at
                                                                                                                                     PG&E, but declined to do so
www.facebook.com                                                                 offering to purchase the
                                                                                 home of Hinkley, California,
                                                                                                                                     after noticing the medical
                                                                                                                                     conditions plaguing the
/PRNG.OSJA                                                                       resident Donna Jensen.
                                                                                                                                     workers who worked in the
                                                                                 Erin begins digging into the                        unlined ponds. Erin discov-
                                                                                 particulars of the case, con-                       ers a 1966 document that
                                                                                 vinced that the facts simply                        ties a conversation of a cor-
                                                                                 do not add up, and per-                             porate executive in the San
                                                                                 suades Ed to allow her fur-                         Francisco PG&E headquar-
                                                                                 ther research. After investi-                       ters to the Hinkley station
                                                                                 gation, she discovers a sys-                        that proved the corporate
                                                                                 tematic cover-up of the in-                         headquarters knew the wa-
   Looking to Earn Extra In-                                                    dustrial poisoning of the                           ter was contaminated and
    come? Rule Helps You Avoid       In   1993, Erin Brockovich                  town of Hinkley's water sup-                        did not do anything about it
    Bogus Business Opportunity       (Julia Roberts) is an unem-                 ply that threatens the health                       and advised the Hinkley
    Offers | BCP Business            ployed single mother of                     of the entire community.                            station to keep it a secret
                                     three children who, after                   She finds that PG&E is re-                          from the neighborhood.
   Work-at-Home Schemes
    (SCAMS)
                                                                                 forces”.                                           most of them former Judge
   Reforma LEG 2011 « Oficina                                                                                                      Advocates with practical
                                                                                   This book is an essential
    de Ética Gubernamental de                                                                                                       experience on this subject.
                                                                                 read to those engaged in
    Puerto Rico                                                                                                                     They discuss issues such as
                                     When a soldier in the                                                                                targeting,  detention
                                     field of battle is under                                                                             and prosecution.
   Facebook Settles FTC
    Charges That It Deceived         attack in a small village                                                                                   From this study,
    Consumers By Failing To          and comes upon a                                                                                         you’ll receive not only
    Keep Privacy Promises            villager who could be a                                                                                  the legal doctrine but
                                     combatant or a civilian,                                                                                 practical     examples
   New Puerto Rico “Safe            what rules govern how                                                                                    derived from the com-
    Home” Law                        that soldier should                                                                                      bined experiences of
                                     act?                                                                                                     the authors. It is a
   Mortgage Assistance Relief          This is one of the                                                                                    must read book for all
    Scams: Another Potential         questions that the au-                                                                                   of those engaged in
    Stress for Homeowners in         thors analyze and an-                                                                                    practice of Interna-
    Distress                         swer from a military                                                                                     tional Law and for
                                     perspective.     In his                                                                                  those enthusiasts on
   What's Behind Ads for a New      introduction,      Major                                                                                 the subject who are
    Credit Identity? It Could Be     General Dunlap de-                                                                                       not in the military.
    ID Theft Involving Children's    scribes this work in the                                                                                This book takes a
    Social Security Numbers          following manner: “the                                                                               look to the practical
                                     volume that you are                                                                                  application of the law
   Credit Card Interest Rate        holding aims to bring                                                                                of war through the
    Reduction Scams                  to the discussion the                                                                                eyes of the military
                                     perspective of lawyers                                                                               professional,     from
   Settling Your Credit Card        who have served in                                                                                   soldier in the ground
    Debts                            what the Supreme                                                                                     conducting patrol to
                                     Court in Parker v. Levy                                                                              the deployed JAG pro-
                                     calls the specialized society               the profession of arms and
   Dealing with Debt Collection                                                                                                    viding support to combat
                                     separate from civilian soci-                lawyers alike. This volume
    - Money Matters from the                                                                                                        operations.
                                     ety which is the armed                      was written by six scholars,
    Federal Trade Commission

                                                  ***The materials and information on this newsletter are made available by the PRNG OSJA for informa-
                                                tional and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended
                                                as advertising and it does not create an attorney-client relationship. Persons reading the information on this
                                                  newsletter should not act upon the information provided without seeking professional legal counsel.***

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The Advocate, Issue 1 Vol 2

  • 1. Volume II, Issue 1 FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor January 2012 ments. Welcome to the first activities during this elec- 2012 issue of the Advo- In this issue we will con- tion year. It is a matter of cate. This promises to be a tinue our analysis of the great importance which very big year for us in the NDAA and why is it so im- we will discuss in our Eth- National Guard. portant to us. We will also ics Matters section along the review newly approved with practical examples of December 2011 saw the what to do and not do as state Shared Custody law passage of the National members of the Armed and the impact it has in Defense Authorization Act Forces. “We sure can of 2012 which included the our soldiers and how it can expect a new and affect our readiness for This issue also contains National Guard Empower- deployment, especially the highly anticipated and higher exposure of ment act. In a nutshell, the with the preparation of much valued movie re- Chief of the National Guard the Guard’s Bureau is now a full mem- family care plans. view by our very own SGT capabilities and ber of the Joint Chiefs of Just a couple of days Javier Fontanez. This what we can bring Staff. We sure can expect ago, on 23 January 2012, month he reviews and a new and higher exposure the Chief of the National discusses Erin Brock- to the table both to ovich. We hope you enjoy of the Guard’s capabilities Guard Bureau promul- the Federal and and what we can bring to gated a memorandum to this latest installment of State the table both to the Fed- all National Guard mem- The Advocate. Governments.” eral and State Govern- ber concerning political Inside this issue: Legal Resources, Know 2 Your Rights: The Puerto Rico “Shared Custody” Law FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque Ethics Matters: 3 Political Activities Advocates must prepare the JAG at every level of its Last December I real- adequately, by attending operations. ized that as 27 Deltas Talking About… 4 the necessary schools and The National Defense (Paralegals), we are now This in conjunction with conferences required by Authorization Act eligible to serve in certain our Adjutant General’s the Judge Advocate Gen- for 2012 MOS-Immaterial Sergeants vision for the Puerto Rico “To accomplish Major positions; this is eral’s Corps. National Guard and his Link it Up! 7 this we will need great news for Paralegal To accomplish this we thoughts on the impor- the support of our NCOs. will need the support of tance of military schools, At the Movies: 8 National Guard to our National Guard to pro- as the best tool to make Erin Brockovich Along with that, there are vide the resources to send that vision a reality, is provide the several changes in the hori- these soldiers in order to something in which we From the JAG Bookshelf: 8 resources to send zon from the National The War on Terror and be at the same level as cannot skimp, with those Guard Bureau, with regards the Laws of War these soldiers in others in the United soldiers that have demon- to the distribution of assign- States. strated a true interest in What’s New on Our 8 order to be at the ments and the possible their career progression Facebook Page. same level as increase of positions in the The foreseen changes above all. Let us welcome JAG Section. It is with this respond to the increment others in the reality in mind that parale- and diversity of legal ser- these changes by setting United States.” the example. gals, legal NCOs and Judge vices being provided by
  • 2. Your Rights Under the Puerto Rico “Shared Custody Law” influenced and develop stronger propitiate that most parents vol- A few months ago a new Law bonds with both parents and their untarily accept shared custody was enacted by the Government families. because of the elements that are of Puerto Rico to change parent- mostly present in almost all child child relations, Law Number 223 The practical application of this support cases. of 2011, better known as the law will of course depend on the Read the complete text of the new Puerto “Shared Custody Law”. Basically, specific situation of every family. Some of these elements in- Rico Shared Custody before this law was passed if you Both parents would need to con- clude: law by following the had children and separated from tinue to live relativity close to link. your spouse or partner, the courts each other, since it will require The reason for divorce (domestic would choose only one of two continuous contact between both violence, infidelity, etc.) Usually alternatives: You were either the parents and the minors; and will the reason for the divorce and/or By: 1LT Walter Rodriguez-Fernandez separation will continue to Office of the Staff Judge Advocate custodial parent or the non- basically require that the child Puerto Rico Army National Guard custodial parent. With the ap- stays (sleeps) on alternate days “haunt” the parents. proval of this new law a third op- and/or weeks in each of the par- One or both of the parents enter ent’s home; or that the child into a new relationship. This can will continue to stay (sleep) affect because the ex-couple will in one of his parent’s home be still seeing each other in a but the other will be actively daily bases and sharing their lives present in their life, be it around the minor with their new because he relates every partners that of course may not day or mostly every day with support this relationship. them. This law primarily looks out for the child’s best The virtually additional income interest and time and time that the custodial parent will have again the courts have ex- in the current child support sys- pressed that it is in the tem. That’s because under Puerto child’s best interest to re- Rico law a non-custodial parent late with both parents can be ordered to pay almost the equally. total of his/her income in child support – you read right – with The biggest concern to the exception of $515.00 of date with this law is the monthly reserve. For example if impact it will have regarding your income is $3000.00 a child support and the proce- month, you can be ordered by the dures in place. As it stands court, to pay up to $2485 in child child support is usually paid support. by the non-custodial parent BACKGROUND to the child, via the custo- The distance that one parent dial parent. With the option lives from another (For example In the United States, Joint tion is available for the courts: of shared custody it stands to one lives and work in San Juan custody is generally a court shared custody. order whereby custody of a logic that any child support or- while the other lives and work in child is awarded to both The new law states that shared dered by the court could be con- Ponce) This can affect the child’s parties. custody will be the primary option siderably less or eliminated, de- daily routine of school and other the courts will have to consider in pending on the amount of shared such activities like sports. In joint custody both par- ents are custodial parents custody cases. If for some reason, time with each parent. This law is a great option for and neither parent is a non- after the court’s evaluation of the custodial parent, or, in other In my opinion child support will parents, and some already have situation and the child’s best in- had this kind of relationship with words, the child has two be eliminated or at least drasti- custodial parents. terest, shared custody isn't the their children before this law was best option for the minor. The cally decreased, leaving only In the United States, those major expenses, such as even thought of. It’s rare but it courts will establish the more con- does happen in a few cases and many states recognize two schooling, extracurricular activi- ventional way of parent-child rela- mostly because the parents have forms of joint custody, ties and medical coverage, to be which include joint physical tionships that entails one custo- excellent communication and a custody and joint legal cus- dial parent (usually the mother) determined by the court. In other words both parents will share the mature relationship where the tody. In joint physical cus- and a non-custodial parent non-custodial parent is always tody, the actual lodging and (usually the father) who would burden of their children’s ex- care of the child is shared penses equally, but there won't be present both physically and finan- have visitation rights on alternate cially. according to a court- child support established under ordered custody schedule. weekends. In joint legal custody, both the ASUME (Puerto Rico Child As always every situation is The main goal of this law is for Support Enforcement Agency) different and if you think that you parents share the ability to have access to their chil- children to be raised by both par- rules and guidelines. I also believe can benefit from this new law you dren's records, such as ents even if they don't share a that the particular impact this law should seek legal counsel from a educational records, health common home. In this way the will have on current ASUME child licensed attorney who can advise records, and other records. law will try to help children to be support rules and guidelines won't you in your particular case.
  • 3. Political Activities By: MAJ William E. O’Connor Recently, the Chief of the Na- one’s behalf or no that of an- The Hatch Act, enacted in tional Guard Bureau issued a other, without respect to uniform 1939, is the law that restricts Memorandum for Members of or inference or appearance of the partisan political activity of the National Guard regarding official sponsorship, approval, or civilian executive branch employ- their rights to participate in the endorsement. Participation in- ees of the Federal Government, American political process. Fed- cludes more than a mere atten- District of Columbia Government, eral law, imposes certain limita- dance as an spectator. and some state and local em- tions in the participation of ser- ployees who work in connection In the upcoming issues we will vice members in political activi- with federally funded programs. discuss this subject at length. ties. This law was substantially The Chief’s Memorandum amended on 1993, in order to highlights some of the most im- allow most Federal employees to portant rules pertaining this kind engage in certain types of politi- of activities: cal activities while in their per- sonal capacities.  Members of the National Guard, while serving on Title The Armed Forces are not cov- 10 or Title 32 in a full time ered by the Act. However, politi- capacity must conform their cal activities of the members of conduct to the provisions of the Armed Forces are governed DoDD 1344. 10. This ap- by Department of Defense (DOD) plies to mobilized Guard Directive 1344.10. This regula- members, members serving tion lists a series of prohibitions in the NGB, or those per- such as participation in partisan forming Title 10 ADOS-AC or political fundraising activities Guidelines laid out in the federal Hatch Act specifically prohibit uni- ADOS-RC. It also applies, but (except as permitted), rallies, formed members of the military from making political speeches or taking conventions (including making official roles on political campaigns. Members of the military are permit- is limited to, those Guard ted to attend political rallies, but must not be wearing their uniform while members serving AGR or speeches in the course of in attendance. On stage with Ron Paul, CPL Jesse Thorsen was wearing FTNGD in a Title 32 status. thereof), management of cam- green Army fatigues, in a clear example of what NOT to do. paigns, or debates, either on  Title 5 civilian employees and military technicians must conform their conduct to the provisions of the Hatch Act. Employees must be aware of whether they are “less restricted” or “further restricted” employ- ees under the Hatch Act because of differing restric- tions; most Title 5 employ- ees and military technicians are “less restricted” employ- ees.  Traditional or “M-Day”, Na- tional Guard members who are not military technicians are not restricted by these authorities unless ordered to full time military duty.  All National Guard mem- bers, whether or not on full time military duty, and all military technicians, must adhere to prohibition wear of the military uniform while engaged in political activi- ties. From the Reading above you may ask what is the Hatch Act?
  • 4. The National Defense ing arrests by members of the Armed Forces. Addressing previous conflict with Authorization Act (NDAA) the Obama Administration regard- for Fiscal Year 2012 was INDEFINITE DETENTION ing the wording of the Senate text, signed into United States WITHOUT TRIAL: SECTION 1021 the Senate-House compromise law on December 31, text, in sub-section 1021(d), also 2011 by President Barack Pursuant to the AUMF passed in affirms that nothing in the Act "is Obama. the immediate aftermath of the intended to limit or expand the September 11, 2001 attacks, the authority of the President or the The Act authorizes $662 NDAA text affirms the President's scope of the Authorization for Use billion in funding, among authority to detain, via the Armed of Military Force." The final version other things "for the de- Forces, any person "who was part of the bill also provides, in sub- fense of the United States and its of or substantially supported al- section(e), that "Nothing in this interests abroad." In a signing Qaeda, the Taliban, or associated section shall be construed to af- statement, President Obama de- forces that are engaged in hostili- fect existing law or authorities scribed the Act as addressing ties against the United States or its relating to the detention of United national security programs, De- coalition partners," and anyone States citizens, lawful resident partment of Defense health care who commits a "belligerent act" aliens of the United States, or any costs, counter-terrorism within the against the U.S. or its coalition other persons who are captured or U.S. and abroad and military mod- allies, under the law of war, arrested in the United States." As ernization. The Act also imposes "without trial, until the end of the reflected in Senate debate over new economic sanctions against hostilities authorized by the the bill, there is a great deal of Iran (section 1045), commissions [AUMF]." The text also authorizes controversy over the status reviews of the military capabilities trial by military tribunal, or of existing law. of countries such as Iran, China, "transfer to the custody or control and Russia, and refocuses the of the person's country of origin," strategic goals of NATO towards or transfer to "any other foreign energy security. The Congres- country, or any other foreign en- sional Research Service provides tity." An amendment to the Act a summary of the many provi- that would have explicitly forbid- sions of the Act, available on the den the indefinite detention with- web. out trial of American citizens was The most controversial provi- rejected by the Senate. sions to receive wide attention are contained in Title X, Subtitle D, entitled "Counter-Terrorism." In particular, sub-sections 1021 and 1022, which deal with detention of persons the government sus- pects of involvement in terrorism, have generated controversy as to their legal meaning and their po- tential implications for abuse of Presidential authority. Although the White House and Senate sponsors maintain that the Au- thorization for Use of Military Force (AUMF) already grants presidential authority for indefi- nite detention, the Act states that Congress "affirms" this authority and makes specific provisions as to the exercise of that authority. The detention provisions of the Act have received critical atten- tion by, among others, the Ameri- The National Defense Au- thorization Act for Fiscal can Civil Liberties Union (ACLU) Year 2012 is comprehensive and some media sources which legislation which authorizes are concerned about the scope of the budget authority of the the President's authority, includ- Department of Defense and ing contentions that those whom the national security pro- grams of the Department of they claim may be held indefi- Energy. Click on the Book to nitely could include U.S. citizens read the full text of the Law. arrested on American soil, includ-
  • 5. REQUIREMENT FOR MILITARY patrol our streets.” After a CUSTODY: SECTION 1022 Senate-House compromise text explicitly ruled out any All persons arrested and de- limitation of the President's tained according to the provi- authorities, and removed the sions of section 1021, including requirement of military de- those detained on U.S. soil, tention for terrorism sus- whether detained indefinitely or pects arrested in the United not, are required to be held by States, the White House the United States Armed Forces. issued a statement saying The law affords the option to that it would not veto the bill. have U.S. citizens detained by the armed forces but this re- During debate within the quirement does not extend to Senate and before the Act's them, as with foreign persons. passage, an amendment Lawful resident aliens may or intended to forbid the indefi- may not be required to be de- nite detention of U.S. citi- tained by the Armed Forces, "on zens was introduced; the amend- ACLU and Human Rights Watch, the basis of conduct taking place ment was rejected by a vote of and received criticism from The within the United States." 37–61. Udall subsequently voted New York Times and other news for the Act in the joint session of organizations. REQUIREMENT FOR MILITARY congress that passed it, and CUSTODY: SECTION 1022 though he remained "extremely On December 31 and after troubled" by the detainee provi- signing the National Defense All persons arrested and de- sions, he promised to "push Con- Authorization Act for Fiscal Year tained according to the provi- gress to conduct the maximum 2012 into law, President Obama sions of section 1021, including amount of oversight possible." issued a statement on it that those detained on U.S. soil, addressed "certain provisions whether detained indefinitely or The Senate later adopted by a that regulate the detention, inter- not, are required to be held by 98 to 1 vote a compromise rogation, and prosecution of ter- the United States Armed Forces. amendment, which preserves rorism suspects." In the state- The law affords the option to current law concerning U.S. citi- ment Obama maintains that "the have U.S. citizens detained by zens and lawful resident aliens legislation does nothing more the armed forces but this re- detained within the United than confirm authorities that the quirement does not extend to States. It has been argued that Federal courts have recognized Interesting Changes From them, as with foreign persons. current law does not allow the Previous NDAAs as lawful under the 2001 AUMF. Lawful resident aliens may or indefinite detention of American may not be required to be de- citizens, while the Obama Ad- I want to clarify that my Ad- Rules for Rendering Hand Salute of U.S. Flag tained by the Armed Forces, "on ministration and other Senators ministration will not authorize the the basis of conduct taking place have argued that it does. indefinite military detention with- Law Now Allows Retirees within the United States." out trial of American citizens. [...] and Vets to Salute Flag CONTROVERSY OVER My Administration will interpret Traditionally, members of ACTIONS FROM THE WHITE INDEFINITE DETENTION section 1021 in a manner that the nation's veteran’s ser- HOUSE AND SENATE LEADING TO vice organizations have Sections 1021 and 1022 have ensures that any detention it THE VOTE rendered the hand-salute been called a violation of consti- authorizes complies with the during the national anthem The White House had previ- tutional principles and of the Bill Constitution, the laws of war, and and at events involving the ously threatened to veto the Sen- of Rights. Internationally, the UK- all other applicable law. [...] As national flag only while ate version of the Act, arguing based newspaper The Guardian my Administration has made wearing their organization’s that "the authorities granted by has described the legislation as clear, the only responsible way to official head-gear. the Authorization for Use of Mili- allowing indefinite detention combat the threat al-Qa'ida The National Defense Au- tary Force Against Terrorists, "without trial [of] American terror- poses is to remain relentlessly thorization Act of 2008 including the detention author- ism suspects arrested on US soil practical, guided by the factual contained an amendment to ity... are essential to our ability to who could then be shipped to and legal complexities of each allow un-uniformed service members, military retirees, protect the American people... Guantánamo Bay;" Al Jazeera case and the relative strengths and veterans to render a Because the authorities codified has written that the Act "gives and weaknesses of each system. hand salute during the in this section already exist, the the US military the option to de- Otherwise, investigations could hoisting, lowering, or pass- Administration does not believe tain US citizens suspected of be compromised, our authorities ing of the U.S. flag. codification is necessary and participating or aiding in terrorist to hold dangerous individuals A later amendment further poses some risk." The White activities without a trial, indefi- could be jeopardized, and intelli- authorized hand-salutes House also argued that provi- nitely." The official Russian inter- gence could be lost. I will not during the national anthem sions requiring military detention national radio broadcasting ser- tolerate that result, and under no by veterans and out-of- of terrorism suspects on Ameri- vice Voice of Russia has com- circumstances will my Admini- uniform military personnel. can soil were “inconsistent with pared the Act to legislation stration accept or adhere to a the fundamental American princi- passed by the Third Reich; the rigid across-the-board require- ple that our military does not Act has been opposed by the ment for military detention."
  • 6. The Joint Chiefs of Staff I want to clarify that my Admini- imposes unilateral sanctions and vice chairman of the Joint (JCS) consist of the Chair- stration will not authorize the against the Central Bank of Iran, Chiefs, as well as the chiefs of man, the Vice Chairman, the indefinite military detention with- effectively blocking Iranian oil staff from the Army, Navy, Air Chief of Staff of the Army, the Chief of Naval Operations, the out trial of American citizens. [...] exports to countries which do Force and Marines. His presence Chief of Staff of the Air My Administration will interpret business with the United States. is controversial, drawing signifi- Force, the Commandant of section 1021 in a manner that The new sanctions impose pen- cant support from Congress but the Marine Corps and the ensures that any detention it alties against entities -- including unanimous opposition from Chief of the National Guard authorizes complies with the corporations and foreign central within the Joint Chiefs. Each Bureau. The collective body of the JCS is headed by the Constitution, the laws of war, banks -- which engage in trans- member expressed that opposi- Chairman, who sets the and all other applicable law. [...] actions with the Iranian central tion during a hearing on Capitol agenda and presides over JCS As my Administration has made bank. Sanctions on transactions Hill in November, arguing that meetings. clear, the only responsible way to unrelated to petroleum take ef- the chiefs of staff for the Army Responsibilities as mem- combat the threat al-Qa'ida fect 60 days after the bill is and Air Force represent the full bers of the Joint Chiefs of poses is to remain relentlessly signed into law, while sanctions spectrum of their services, in- Staff take precedence over practical, guided by the factual on transactions related to petro- cluding National Guard ele- duties as the Chiefs of Mili- and legal complexities of each leum take effect a minimum of ments. tary Services. The Chairman of the JCS is the principal case and the relative strengths six months after the bill's sign- “There is no compelling mili- military adviser to the Presi- and weaknesses of each system. ing. The bill grants the U.S. Presi- tary need to support this historic dent, Secretary of Defense Otherwise, investigations could dent authority to grant waivers in change,” Joint Chiefs chairman (SoD), and the National Secu- be compromised, our authorities cases in which petroleum pur- rity Council (NSC), however, Gen. Martin Dempsey said at the to hold dangerous individuals chasers are unable, due to sup- all JCS members are by law hearing. could be jeopardized, and intelli- ply or cost, to significantly reduce military advisers, and they may respond to a request or gence could be lost. I will not their purchases of Iranian oil, or But those backing the change voluntarily submit, through tolerate that result, and under no in which American national secu- point to the increased responsi- the Chairman, advice or opin- circumstances will my Admini- rity is threatened by implementa- bilities given to National Guards- ions to the President, the stration accept or adhere to a tion of the sanctions. men during the last decade, one SoD, or NSC. rigid across-the-board require- that saw Guard troops de- ment for military detention." ploy often to Iraq and Af- ghanistan as well as tend to The American Civil Liber- various disasters in the ties Union has responded United States. that despite claims by the Obama Administration to the “We are grateful for the contrary, "The statute con- efforts the executive and tains a sweeping worldwide legislative bodies have gone indefinite detention provi- to in placing the chief of the sion... [without] temporal or National Guard Bureau on geographic limitations, and the Joint Chiefs of Staff,” can be used by this and McKinley said in a state- BACKGROUND future presidents to militarily ment. “We look forward to Gen Craig R. McKinley detain people captured far working alongside the other is Chief, NGB, a joint activity from any battlefield." The Joint Chiefs to provide our of the DoD. As Chief, he’s the ACLU furthermore com- nation’s senior leaders with senior uniformed NG officer mented that "While Presi- a fuller picture of the non- responsible for formulating, dent Obama issued a sign- federalized National Guard developing and coordinating all policies, programs and ing statement saying he had as it serves in support of plans affecting more than 'serious reservations' about homeland defense and civil half a million Army and Air the provisions, the state- support missions.” NG personnel. ment only applies to how his CHAIRMAN OF GUARD administration would use the BUREAU JOINS JOINT CHIEFS Other provisions that affect the Appointed by the Presi- authorities granted by the National Guard include re- dent, he served as principal adviser to the Secretary of The Joint Chiefs of Staff has establishing the position of vice NDAA," and maintains that "the Defense through the Chair- grown by one, with existing mem- chief of the National Guard Bu- breadth of the NDAA’s detention man of the JCS on NG mat- bers, however reluctantly, wel- reau at the three-star level while authority violates international ters, a function he will now coming the chairman of the Na- rescinding the two-star position carry out without intermedi- law because it is not limited to tional Guard Bureau as a full of director of the bureau’s joint aries as a member of the people captured in the context of member. staff. The new law also requires Joint Chiefs. He is also the an actual armed conflict as re- principal adviser to the Sec- quired by the laws of war." that National Guard general offi- Air Force Gen. Craig McKinley retary and Chief of Staff of cers be considered for command took his place among the presi- the Army, and the Secretary SANCTIONS TARGETING THE of U.S. Army North and U.S. Air and Chief of Staff of the Air dent’s top military advisers on IRANIAN CENTRAL BANK Force North, and it authorizes Force on all NG issues. As Saturday when President Barack funding for the National Guard’s NGB Chief, he serves as the As part of the ongoing dispute Obama signed the 2012 Na- department's official channel State Partnership Program. over Iranian uranium enrich- tional Defense Authorization Act. of communication with the ment, section 1245 of the NDAA Governors and Adjutants McKinley joins the chairman General.
  • 7. DEBT COLLECTION If you are behind in paying your bills, you can expect to hear from a debt collector. A debt collector is someone, other than the creditor, who regularly collects debts owed to someone else. Lawyers who collect debts on a regular basis are considered debt collectors, too. WHAT YOU NEED TO KNOW You have rights: Federal law requires that debt collectors treat you fairly. In short, that means: A debt collector may contact you in person, by mail, telephone, telegram, or fax, but may not contact you at inconvenient times or places – for example, before 8 a.m. or after 9 p.m – unless you agree. A debt collector may not contact you at work if the collector is aware that your employer prohibits it. If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people only to find out your address, your phone number, and where you work. A debt collector may not harass, oppress, or abuse you or any third parties they con- tact about you. A debt collector may not lie or mislead anyone when collecting a debt.
  • 8. PUERTO RICO NATIONAL GUARD OFFICE OF THE STAFF JUDGE ADVOCATE losing a personal injury law- sponsible for the extensive suit against a doctor in a car illnesses that the residents 100 General Esteves Street accident she was in, asks of Hinkley have been diag- San Juan, Puerto Rico 00901-1401 her lawyer, if he can find her nosed with and fights to Phone: 289-1400 Ext. 1030 a job in compensation for bring the company to jus- Fax: 787-289-1431 the loss. He gives her work tice. E-Mail: theadvocate.prng@gmail.com as a file clerk in his office, Erin meets a mysterious and she runs across some man in a bar who claims files on a pro bono case that he was tasked with involving medical records in http:// real-estate files and PG&E destroying documents at PG&E, but declined to do so www.facebook.com offering to purchase the home of Hinkley, California, after noticing the medical conditions plaguing the /PRNG.OSJA resident Donna Jensen. workers who worked in the Erin begins digging into the unlined ponds. Erin discov- particulars of the case, con- ers a 1966 document that vinced that the facts simply ties a conversation of a cor- do not add up, and per- porate executive in the San suades Ed to allow her fur- Francisco PG&E headquar- ther research. After investi- ters to the Hinkley station gation, she discovers a sys- that proved the corporate tematic cover-up of the in- headquarters knew the wa-  Looking to Earn Extra In- dustrial poisoning of the ter was contaminated and come? Rule Helps You Avoid In 1993, Erin Brockovich town of Hinkley's water sup- did not do anything about it Bogus Business Opportunity (Julia Roberts) is an unem- ply that threatens the health and advised the Hinkley Offers | BCP Business ployed single mother of of the entire community. station to keep it a secret three children who, after She finds that PG&E is re- from the neighborhood.  Work-at-Home Schemes (SCAMS) forces”. most of them former Judge  Reforma LEG 2011 « Oficina Advocates with practical This book is an essential de Ética Gubernamental de experience on this subject. read to those engaged in Puerto Rico They discuss issues such as When a soldier in the targeting, detention field of battle is under and prosecution.  Facebook Settles FTC Charges That It Deceived attack in a small village From this study, Consumers By Failing To and comes upon a you’ll receive not only Keep Privacy Promises villager who could be a the legal doctrine but combatant or a civilian, practical examples  New Puerto Rico “Safe what rules govern how derived from the com- Home” Law that soldier should bined experiences of act? the authors. It is a  Mortgage Assistance Relief This is one of the must read book for all Scams: Another Potential questions that the au- of those engaged in Stress for Homeowners in thors analyze and an- practice of Interna- Distress swer from a military tional Law and for perspective. In his those enthusiasts on  What's Behind Ads for a New introduction, Major the subject who are Credit Identity? It Could Be General Dunlap de- not in the military. ID Theft Involving Children's scribes this work in the This book takes a Social Security Numbers following manner: “the look to the practical volume that you are application of the law  Credit Card Interest Rate holding aims to bring of war through the Reduction Scams to the discussion the eyes of the military perspective of lawyers professional, from  Settling Your Credit Card who have served in soldier in the ground Debts what the Supreme conducting patrol to Court in Parker v. Levy the deployed JAG pro- calls the specialized society the profession of arms and  Dealing with Debt Collection viding support to combat separate from civilian soci- lawyers alike. This volume - Money Matters from the operations. ety which is the armed was written by six scholars, Federal Trade Commission ***The materials and information on this newsletter are made available by the PRNG OSJA for informa- tional and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended as advertising and it does not create an attorney-client relationship. Persons reading the information on this newsletter should not act upon the information provided without seeking professional legal counsel.***