Federal lawsuits have the potential to shed light on government malfeasance. In other words, in a fully contested trial, the truth has a tendency to leak out. This could not appear any clearer, than in the court martial of Major Clarence Anderson III.
For those of you who don’t know about Air Force Major Clarence Anderson III (AKA: CA3), feel free to search the website for past articles which clearly indicates the judicial debacle he was subjected to.
Still proclaiming his innocence and after he exhausted all forms of relief in the military criminal justice system, Major Anderson filed a federal lawsuit under 28 USC 1361. The suit, filed against the Secretary of the Air Force, the Judge Advocate General of the Air Force, and his Convening Authority, petitions the federal court to compel the Air Force to reverse his wrongful conviction.
Civilian law enforcement officials testified during his court martial they never found any evidence Major Anderson violated the law. Major Anderson’s law suit alleges the Air Force withheld exculpatory evidence, misused court martial rules, and blatantly lied to Members of Congress in order to concoct a false picture of what really occurred between Major Anderson and his former wife in order to secure a conviction against Major Anderson.
Providing the Air Force a temporary reprieve, but not disputing acts of government malfeasance, federal Judge Anthony Trenga gave Major Anderson some hope the abominable injustice he endured could potentially be reversed.
The judge ruled the sole reason to not overturn Major Anderson’s conviction is because Anderson allegedly never submitted his exculpatory evidence to any military tribunal.
The powerful evidence he had was that of a recorded phone call between Anderson’s mother and John Madden, the individual Major Anderson’s wife had an affair and child with. In that phone call, the individual admitted to having an affair with Anderson’s wife prior to her allegations against Anderson.
John Madden admitted to Anderson’s mother on the recorded phone call after Anderson’s court martial, that he (Madden) was having an affair with Anderson’s wife in August 2013, a month prior to Anderson discovering their affair and initiating divorce proceedings for custody of their child.
This is bombshell evidence the military judicial system simply did not want to consider.
Court records identify his wife as Kendra Anderson, and after Major Anderson discovered her affair with John Madden and initiated divorce proceedings, she retaliated with bogus accusations of sexual assault, alleging that Anderson sexually assaulted her while they were married.
Her strategy was to threaten Major Anderson with false charges to pressure him to give up custody of their daughter. Prior to his court martial, she told Major Anderson that she would not testify if Major Anderson gave her custody of their child. When Major Anderson refused, she conjured up a sexual assault charge against Major Anderson.
THE EXCULPATORY CONVERSATION
THE AIR FORCE TOTALLY IGNORED
It should be noted that Mrs. Anderson did her level best to get the civilian authorities to attack Major Anderson. When that failed because there was no evidence of sexual assault, she went judge shopping and found a politically-correct Air Force more than happy to serve up Major Anderson’s head on a silver platter to Congress.
His Air Force lawyers bailed out on him, so Major Anderson had no choice but to represent himself. Major Anderson filed a motion for reconsideration to Judge Trenga, proving that he submitted evidence of the recorded phone call to the military courts a total of six times, to include at his post-trial hearing and separately to the Judge Advocate General of the Air Force after his conviction was affirmed by the Air Force Court of Criminal Appeals (AFCCA).
In jaw-dropping decision, Judge Trenga first said that Major Anderson never submitted his exculpatory evidence, then suddenly reversed that stand, saying that Anderson did submit his exculpatory evidence, but didn’t submit it on time. That’s all bullshit your honor!
Judge Trenga’s ruling was based on a false premise. He went from saying, you never did it, but when Anderson filed a reconsideration motion, the judge, in an effort to provide cover for the Air Force, said Anderson submitted his exculpatory evidence too late.
The military judicial system tends to go into rubber-stamp mode. As cases traverse the appeals system in the military, appellant judges have a tendency to assume government lawyers would not stoop to outrageous behavior to obtain a conviction.
Remember the Air Force threw Major Anderson in prison over these bogus charges. In our twenty years of reporting on one military corruption case after another, this one takes the cake. It ranks right up there with the railroad job of Colonel Dan Wilson.
Major Anderson had two strikes against him, he is male and his is African American. For the record, we don’t buy into this bullshit that America is one big racist nation. That’s all crap.
Remember, the “hands-up-don’t-shoot” mantra from August 2014, Ferguson, Missouri riots the corrupt news media kept perpetuating NEVER HAPPENED. Sadly, there are millions of Americans believe it did.
Unfortunately, the false racism charges is drowning out legitimate instances of racism. We have to wonder if the Air Force got rid of Major Anderson partly because he was male in a system that is more interested in being politically-correct, than the fair administration of justice?
Or, was Major Anderson tossed in prison because he was Black?
A COMBINATION OF BOTH GENDER AND COLOR
We suspect it was a combination of both, being both male and Black, because it sure as hell wasn’t because of the so-called “evidence” presented in court. Because he is a Black male officer, they Air Force would not consider his exculpatory phone call evidence.
Hey Air Force, you tell us why? Why did you ignore his exculpatory evidence? Was it because you didn’t want to admit you had imprisoned an innocent man? It was easier to just let the Black guy twist in the wind. Air Force, appears to be taking steps to make things right.
But, the cynical side of us believes the alleged investigation by the Air Force is just a ploy to make it look like the Air Force did everything it could to find the truth. Remember, in order to find the truth, you first have to want to find the truth. Many times investigations like these are initiated to enable the military to find out where the fire is originating so they can put it out.
With enormous respect for Major Anderson who is the shear definition of perseverance, we are hopeful for a positive outcome. Major Anderson should be fully reinstated and promoted to the rank he would normally have attained.
The Air Force needs to bring Anderson back on active duty and either court martial him again, this time allowing for the submission of exculpatory evidence, or drop this entire bullshit conviction and apologize to Major Anderson and his family for imprisoning an innocent man.
MilitaryCorruption.com OFFERS HELP TO
AIR FORCE INVESTIGATORS
To help out the Air Force we suggest the following laws have been violated (at a minimum) to convict and railroad Major Clarence Anderson III right into prison.
1. Willfully providing a false statement to Congress:
— In response to a September 2015 congressional from US Congresswoman Martha Roby in regards to witness tampering after Major Anderson’s court martial, the Air Force affirmed to Congresswoman Roby the military judge had “full authority to rule on any motion the defense counsel submits” at Major Anderson post-trial hearing to evaluate a $100K payment to a key witness
— However at the post-trial hearing, the Air Force reversed course, reneging what was promised to Congresswoman Roby, and refused to allow the military judge to grant a new trial citing the judge was not authorized
2. 18 USC 4 “Misprison of Felony” is a crime that occurs when someone knows a felony has been committed, but fails to inform the authorities about it.
— The law reads “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
— Major Anderson presented evidence to the former Secretary of the Air Force, Heather Wilson, in 2017 that the Air Force misled Congresswoman Roby during his post-trial hearing to evaluate a $100K two years prior
— Instead of the Air Force reprimanding those responsible, Secretary Wilson concealed this crime through Colonel Douglas P. Cordova, Director US Air Force Judiciary, stating that the Air Force did not mislead Congresswoman Roby and that the military judge did not grant a request for a new trial because, “under the Rules for Court Martial, the military judge lacked the authority to do so.”; this statement from Colonel Cordova is a direct contrast to military court martial rules, a direct contrast to military case law, and most damaging, a direct contrast to what the Air Force previously affirmed to Congresswoman Martha Roby)
3. The Air Force willfully ignored exculpatory evidence of a recorded phone call after Anderson’s trial, where his wife’s boyfriend admitted he was sleeping with Anderson’s wife prior to her accusations against Anderson
— Anderson presented this evidence at his post-trial hearing seven months after discovery, but because the Air Force lied to Congresswoman Roby, the military judge prohibited Anderson from presenting this evidence that would have proven his innocence
Now, if we were military prosecutors, we would conduct a little file loading by adding about ten (10) charges of conduct unbecoming an officer, a couple of obstruction of justice charges, a few more charges of operating under-the-color of law, criminal negligence, dereliction of duty, and we are pretty sure there were instances of unlawful command influence.
When the system so easily tosses an innocent man in prison on no real evidence, there are many more charges than just the three primary ones we have offered above. The question is; does the Air Force investigating officer have the
balls integrity to admit the Air Force criminally railroaded an innocent man into prison.
We shall see.