Air Force Major Clarence Anderson III had his lawyers file a WRIT OF MANDAMUS to a federal judge specifically targeting the Secretary of the Air Force, Dr. Heather Wilson, along with the Judge Advocate General of the Air Force, and the 12th Air Force Commander.
Major Anderson also sent a copy of the Writ of Mandamus to the Air Force Times and the other Armed Forces news outlets in the hopes they would fairly cover the story.
MANDAMUS is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus.
A person can be said to be aggrieved only when he or she is denied a legal right by someone who has a legal duty to do something and abstains from doing it. Major Anderson’s legal rights were denied by several individuals who had a legal duty to protect his and everyone else’s legal rights.
As long as we are on the subject, there are three kinds of mandamus:
- Alternative mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
- Peremptory mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
- Continuing mandamus: A mandamus issued to a lower authority in general public interest asking the officer or the authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.
Major Anderson’s WRIT OF MANDAMUS was filed in the United States District Court for the Eastern District of Virginia, and highlights how the military judge abused his discretion by ruling he was powerless to order a new trial during Major Anderson’s post-trial hearing. Additionally, the military judge refused to explore the evidence of bribery and perjury which denied Major Anderson a right to a fair trial. Sound familiar?
The writ of mandamus also highlights how the Air Force intentionally misled (lied to or deceived) Congresswoman Martha Roby during Major Anderson’s post-trial hearing. The WRIT also describes how the Air Force violated its obligations by withholding exculpatory evidence from Major Anderson’s lawyers that could have proven his innocence.
With the WRIT, Major Anderson is requesting a federal judge to either overturn his conviction due to a fraud being committed on the court by the Air Force that prejudiced the proceedings against him, order a new trial, or at a minimum order a new post-trial hearing.
THE LAST BASTION OF HOPE THE SYSTEM CAN WORK,
THE “COURT OF APPEALS FOR THE ARMED FORCES” (CAAF)
IS JUST PART OF THE MILITARY QUAGMIRE OF CORRUPTION
MilitaryCorruption.com knows all too well how corrupt the military judicial system really is. It’s designed for one single purpose, to protect the military against anything or anyone that threatens it or threatens to expose the ingrained corruption within the military that continues unabated.
If the military levies charges against you, whether legitimate or not, you have about a 99% chance of being convicted of something. Then your case, depending on the situation is sent to the appeals courts for the various services. In the Air Force it’s called (AFCCA), the United States Air Force Court of Criminal Appeals. These various service review courts are nothing but a rubber-stamp for the lower courts. A mere formality.
After receiving the review court’s imprimatur, cases are sent to the “supreme court for the military” (CAAF), AKA: The United States Court of Appeals for the Armed Forces. Major Anderson discovered much to his dismay, the CAAF is just part of the whole incestuous pool of corruption.
CAAF has become yet another rubber-stamp for the lower review courts. At least it was in the Major Anderson case. The CAAF should have recognized the egregious skulduggery that occurred in Major Anderson’s case and overturned the whole damn thing. Unfortunately, they failed to do so forcing Major Anderson to seek relief from a federal judge.
We ask our readers to keep an eye on this particular case. It’s just another example of how the military judicial system is not configured to dispense true justice but to, first and foremost, protect the military (and Congress) at all costs. Many times whistle-blowers get ground-up in the military judicial cesspool.
It begs the question; how many people are incarcerated in a military prison right now, more because of political reasons, rather than some infraction of the UCMJ. Is it 1%, or is it 50%. The actual percentage is probably somewhere in-between those two figures.
THE MAJOR’S HIDE WAS JUST ANOTHER SACRIFICE
ON THE ALTER OF POLITICAL CORRECTNESS
This all got started because the military had, for so many years, turned a blind eye to sexual assaults and sexual harassment. Then Congress sent the message to the military they wanted more military hides nailed to the wall. Military commanders all fanned out to provide heads on a platter to ingratiate themselves with Members of Congress.
Unfortunately, Major Anderson’s timing could not be worse. When the politically-correct policies began to permeate from the Pentagon to the various unit commanders, Major Anderson was going through a nasty divorce and custody battle. Civilian police who investigated Anderson’s case found no evidence of any crime.
But, Major Anderson’s wife went judge shopping and discovered the military needed to manufacture some convictions related to sex to pacify Members of Congress. Bingo, the military needed some heads to lop off and the Major was sent to prison.
If you want to know the details of what happened to the major, enter in the name “Anderson” in our search field. We encourage all of our readers to follow these cases. They are classic examples of why this website exists.