The Truth about the New Office of the Special Trial Counsel

The new military justice system is seeking trophies in not the truth.
Hey, I'm Cody Harnish, UCMJ attorney. And today we are peeling back the veneer that is the independence of the Office of the Special Trial Counsel.
The OSTC. That's what people are calling it in the community.
Now this office was created to independently refer and prosecute serious UCMJ offenses.
Sounds good on paper, right? But here's where it gets tricky.
Despite its independence, the office is still run by military officers.
Officers whose careers depend on results and not justice.
Here's a reality check on the independence right here.
The firing of Brigadier General Warren Wells, the Army's top lawyer in charge of the office of the Special Trial Counsel.
Why was he fired?
Because an email he wrote over ten years ago when he was a defense attorney in the Army.
In the email, it said.
"Expect no commander to be able to make objective decisions involving sexual assault allegations.
As long as Congress and a political masters are dancing by the fire of misleading statistics and one sided, repetitive misinformation by those with an agenda."
Hopefully a soldier will be able to get a fair trial. You and your teams are now the only line of defense against false allegations and sobriety regret.
You literally are the personal defenders of those who no one will now defend, even when all signs indicate innocence.
The firing of Brigadier General Warren Wells.
This sent a chilling and transparent message to all other prosecutors in the system.
Pushed the victim's narrative.
Merit aside or jeopardize your career.
That's not justice. That's agenda.
Replacing old commanders with judge advocates sounds like a transformative idea, right?
Wrong.
They wear the same uniforms. They chase the same promotions, and they succumb to the same pressures.
As a UCMJ defense attorney.
I've seen first hand how cases with weak evidence are rocket docketed to a court martial.
And they're driven by the fear of professional fallout and not the pursuit of justice.
This isn't independence. This is the same play with new actors.
Real independence means removing the military influence entirely.
Imagine letting civilians, professionals like the Department of Justice handle these cases.
Congress already took it away from the commanders.
It's time to take it away from the military officers. People who are seeking OER bullets.
People who are seeking promotions.
Now, that would be transformative.
If truly fair trials matter to you, like, share, comment, or follow. And let's send a message.
It's time for a genuine overhaul.
And not just a change of guard wearing the same stripes.
Push for a system where cases are tried on their merits and not military mandates.
Where an unanimous verdict is required.
Where the military justice system actually seeks justice and not OER bullet points.
At Harnish Law, PLLC, we are committed to providing exceptional legal representation for U.S. military service members worldwide. UCMJ Lawyer across all branches of the military.
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