Leatherneck Book Review

Harlingen, Texas, May 31, 2007:  I have just completed a pre-release review on a book that should be of great interest to military history buffs.  It is titled: Guadalcanal - The Marines in World War II, A Pictorial Tribute. Written by the prolific military author Eric Hammel, it is a photo collection of more than 270 pictures.  Many are rare and previously unpublished.  The concise text leads readers through the campaign, guided by accompanying pictures.  Both Japanese sources and the national military photo archives were utilized in creating this historical account of the first offensive action in World War II.

The complete review of Guadalcanal - The Marines in World War II, will appear in the August issue of Leatherneck Magazine.  The book will be published in August and may be obtained through the Leatherneck Store at $34.95 for non-members and $31.95 for members.  Readers can order online by contacting Leatherneck Magazine at

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Lawsuit Abuse Gone Wild: Now They Attack Those On The Sidelines

Harlingen, Texas May 18, 2007: The Great Lone Star State of Texas waged a multi-year battle against lawsuit abuse that has resulted in some meaningful tort reforms, with even more reform working its way through the legislative pipeline.  This is not true of the same abuses being inflicted upon the national population.  Washington D. C. has still not mustered up enough political backbone to do battle against the nation’s army of trial lawyers.

That some common sense regulation is needed to reign in attorneys on extended legal fishing expeditions, and the damage these bottom feeders inflect on others could not be more apparent than in the case of Shane Schmidt and Charles L. Sheppard III vs. Triple Canopy, Inc.

At first glance, the story of what predicated this lawsuit reads like a very poor adventure novel.  As the tale is told, these two men were witness to the purported shooting and perhaps the murder of two unarmed and noncombatant Iraqi civilians by an American supervisor working for the security contractor Triple Canopy.

As told, this supervisor, along with a driver Schmidt and Sheppard were driving to Baghdad Airport to escort a new arrival into the city.  Their supervisor told the heavily armed men that he was leaving Iraq in a couple of days and still hadn’t killed anyone. He boasted that was about to change and that day he would kill someone.

As they headed for the airport the supervisor ordered his driver to stop.  Next, he approached a taxi and shot several times at the driver.  With the victim apparently dead, he returned to his vehicle and ordered his driver to depart.

Later during the trip he is reported to have ordered his driver to pull over a second time.  This time several shots were fired at the driver of a delivery van.  Again he ordered his vehicle to continue down the road.

Two days later Schmidt, Sheppard and the driver reported the shootings engaged in by their supervisor to Triple Canopy administrators.  Their reason for delaying the report of the incident was fear of their supervisor.  They waited until he had left the country before telling authorities about the shootings.  The end result of their disclosure was the named supervisor and all three subordinates had their employment terminated by Triple Canopy.

Needless to say, Schmidt and Sheppard returned to the United States, located some attorneys and filed a wrongful termination of employment suit against Triple Canopy, Inc., along with a list of other damages they want resolved through litigation.  It must also be noted that this lawsuit is not about the murder of Iraqi citizens.

A story on the alleged murder incident appeared in The New York Times, written by C.J. “Chris” Chivers.  Author and journalist Charles W. Henderson, a retired Marine who resides in Colorado read the article written by Chivers, who is also a former Marine.  That Times story pointed out that Schmidt was a former Marine scout sniper.  Henderson saw the hint of a commentary in his initial collection of facts, so he contacted Chivers, now stationed in Moscow.  In multiple emails the two journalists exchanged comments on the reported murder incident.  Henderson also contacted some Special Operations people he knew, seeking information on Triple Canopy and the employees mentioned in the Times article.  He also obtained character references regarding Shane Schmidt and the veracity of his claims.  He contacted other journalists regarding the conduct of private security contractors in Iraq.  When his research was complete, Henderson filed a commentary on the incident in Iraq.

Henderson says, “One of the persons who read my commentary on the incident forwarded it to former Marine scout sniper Shane Schmidt, one of the plaintiffs in the lawsuit against Triple Canopy.  He contacted me and thanked me for my comments that basically said that Triple Canopy and other security contractor companies in Iraq like them, appeared to operate without accountability to any United States federal jurisdiction or legal oversight of their actions, enabling their personnel to commit murder in Iraq with little fear of prosecution, and it appeared that the company had likely discharged all the parties in the case simply to get rid of it.  Since death in the streets of Baghdad is a quite common event, it is unlikely any Iraqi police investigation would ever pursue them.  Firing all parties concerned simply flushed the toilet and they were able to move ahead with the incident behind them.”

Because Henderson had been researching a new book on the war in Iraq, he continued his contact with Schmidt.  Though they talked and had email correspondence related to Iraq, Henderson asked Schmidt not to discuss anything about his pending litigation until it had been resolved.  His conversations with Schmidt were primarily about Marine scout sniper operations.  The journalist pointedly avoided interviewing Schmidt about his experiences with Triple Canopy.

The scene shifts back to Colorado and current time.  A few weeks ago Henderson was contacted by attorneys who represent Triple Canopy.  They asked what he knew about the case.  He says,” I told them that I had no information for them, because I had avoided conversations about their case with any parties involved in the lawsuit.  The attorneys asked if I would be willing to give them I deposition, and I said I would not.  I added that it would be no use to them, because as I had stated, I had no information from anyone directly connected with their case...”

Even though Charles Henderson knows nothing about the reported murders in Iraq, or the termination of Triple Canopy employees and that everything he knows is hearsay, from second and third party sources, these Triple Canopy litigators are still demanding that Henderson be deposed.  They worked through a court in Virginia and were granted a commission to depose him in Colorado. The subpoena and order demand Henderson to provide them with copies of all his research about the incident and his book, even though he had not obtained any of it from parties involved in the lawsuit.  The documents demanded in the order include everything from hand written notes to graphs, schedules, letters, emails, telegrams, messages, facsimiles, records of personal conversations, meetings, conferences, videotapes, CD-ROMS, DVDs, films, voice recordings, hard drives, lap top computers, personal computers etc.  The list of required documents and materials goes on for two typed pages.

All of this is being required from a person who had no stake in the lawsuit, was not involved in the Iraq incident, had limited contact with one of the Plaintiffs on an unrelated matter.  This abuse extends across state lines to a party who is not even involved in the wrongful termination litigation and seeks all of the information he possesses on a forthcoming literary work.

Attorneys are always strongly claiming in court that materials in their possession are “work product” and disclosure of them is not required.  However, here is a case where attorneys want the work product of a journalist through a court ordered action.

Charles Henderson has already spent significant money on legal council and he has yet to even appear for a deposition.  Many thousands of dollars will be required before he is relieved of this lawsuit abuse burden.  He has decided that he will fight disclosure of his book research, claiming it contains no information relevant to the unlawful termination of employment litigation.

There is strong suspicion among those who have been following this legal maneuver to obtain journalistic research.  Even the attorney representing Shane Schmidt feels that the pursuit of this information has little to do with the lawsuit and more to do with possible criminal actions against Triple Canopy.  It is suspected that the contractor wants to know what Henderson has discovered that may lead authorities to suspect the Triple Canopy organization of conspiring to obstruct justice by possibly covering up two apparent murders committed by their employee.

“Today, I am fighting for my rights as a journalist”, says Henderson.  I refuse to allow anyone to invade my files and investigative work on a fishing expedition, as well as their efforts to intimidate me, harass me and block what I may write in my upcoming book.  They are purposely deposing me and harassing me to cost me legal fees already over $1,000 and rapidly climbing in costs, to break my will.”

So, this is what has happened to date.  In Colorado Springs, Colorado, on May 29, 2007 Charles W. Henderson will be deposed.  By then he will have spent thousands of dollars more in legal fees, because the American rule of law supposes anyone requiring legal representation can pay his or her own way.  What is required of Triple Canopy to inflict such damage and cost upon Henderson, violate his person and his “work product”?  The author will receive a disposition fee of $20.

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More About What We Are Really Thinking

The commentary “What Are We Really Thinking?” had barely hit the Internet before comments started jamming the email server. Most of those writing agreed with the remarks voiced by Americans in the article.  They lashed out at a do-nothing, party fixated Congress, high gasoline prices being ignored by governmental leadership, an education system in freefall and a war that is being used as a political issue for those seeking to remain in power.  However, there were some challenging words worthy of a follow-up article.

A reader named Bert Patrick writes, “So called poll results do not jive with what we or others are saying is important.  So, we have a conundrum.  Both Congress and the Administration are totally self-serving and the media is hell bent on destroying what there is left of our nation’s will and cohesion.  I ask, what is left...Anarchy?  I can see no other conclusion unless we come to our collective senses first and demand a unified direction from our politicos and the media.  Not the force of might, but the force of will!”

Charlie Revie is a retired Army officer who does not see the country following into anarchy, but does see the danger of Islamic domination if we continue on the course now being promoted by Congress.  “The main stream media and the ‘wimps’ in our government are playing right into the hands of Islam, which is anything but a religion of peace.  Rather, it is a religion of aggressive domination.  If you aren’t one you have two choices...second-class citizen or death.”

Revie laments about his political choices saying, “The last time around I voted for the Democrat Senator and for the Republican Representative.  The only reason I voted for the Republican was the Democrat challenger scared me more.  It seems our options these days are the choices between losers and deciding which one will do the least damage.  What happened to the days of heroes when we generally felt good with both candidates and we voted for the better of the two winners?”

Kenneth Segel is my nephew.  He resides in Escondido, California and is now enduring some of the highest gas prices in the country.  With prices creeping toward the $4.00 a gallon mark he says, “My primary concerns are my 4.5 year old German car that is falling apart and gas prices, given that I travel 160 miles round trip to work.”

But, he continues saying, “I strongly feel we entered Iraq for the wrong reasons.  Yet, we are there and we are the ones who created the situation.  I consider it our obligation to make things right.  This entails seeing the mission through.  What many Americans fail to understand is that Iraq is a key political location.  It is necessary to retain for strategic as well as economic reasons.  Additionally, how would it look for us politically if we were to walk away?  To walk away from Iraq is tantamount to political suicide.”

Jim Whittington in Laurel, MS feels all of our political leadership is off track.  “The politicians misread the polls.  It is not the war only.  There are other issues as well.  Primarily we are concerned about the politician’s greed and corruption at all levels ...in both parties.  No, we don’t like the war, but once engaged we fight to win! Losing is not an option!”

From Tallahassee, FL Ron Whaley writes, “”I will continue to ask the magic question...WHO ARE THESE PEOPLE THEY ARE POLLING?  It is obvious to me that no one thinks the war is lost and we need to pull out right now.  Hell, I don’t like the war, but I believe we need to finish this one for sure.  I believe that if we don’t finish it, they will be here killing even more Americans.”

But, George Shelton is very upset about the war.  “I am a Marine Corps veteran, but it is very difficult to remain patriotic with my fellow brothers and sisters losing their lives without a cause.  I served in Desert Storm and my son has served in Iraq three times.  I served for 27 years, but for once I’m lost.  I have no idea why we are there.”

In a letter from Clarksville, TX Sue Perras writes, “We are being fed a line regarding the Iraq War.  Most of us support our troops whole heartedly, and we support this country.  But, our politicians are selling us down the proverbial river for their own benefit.  I call DC on issues constantly and don’t miss an opportunity to vote.  I am a registered Republican, but I am also discouraged with the party.  It needs to return to its conservative roots.

She places education at the top of her concerns for the country.  “My husband and I both feel the issues that concern us are Social Security, our borders, terror cells in 40 states and why we don’t close them down, health care, our corrupt politicians, and above all our education system.  If we don’t teach the next generation we will lose the country!”

Thomas Skaug in Oshkosh, WI is also angry with Congress.  “Right now here in Wisconsin gas is $3.30 a gallon.  Congress has done NOTHING when it comes to the cost of gas.  I really feel for those on fixed incomes.  This Congress is going down in history as the worst ever.  Overall they have done nothing except bitch about the war in Iraq and President Bush.  It is really a Do Nothing Congress.  I fully support the president and will continue to support him.”

From Allentown, NJ we hear from Gerry Reilly.  “I too feel Congress is a disaster.  It is no wonder the first three letters are CON, since it is a huge confidence game.  I often say the only difference between Congress and The Mafia is...The Mafia has a Code of Honor. “

Next on his list is, “My concern about our porous borders.  Congress has failed mightily in not fixing the immigration problem.  The argument that illegals are doing the jobs Americans won’t do is bogus.  As soon as we give them amnesty they won’t want these jobs either.  If growers would have to pay more to get their crops picked, maybe it would attract more Americans, or lead to new mechanized tools to pick the crops.”

We will close this collection of concerns with a quote provided me by a friend;

“America is not at war.

The military is at war.

America is at the mall,

And Congress is out to lunch.”

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What We Are Thinking

Harlingen, Texas, May 12, 2007: Earlier this week I was switching to different newscasts on television.  Three times that evening the talking heads reported to me on the leading issue of the country.  According to their polls Americans claim Iraq is their primary worry and the majority of our citizens are now against the war.

I found that statement hard to swallow for a couple of reasons.  First of all, everyone should be against any war.  However, most people know that once a country is engaged in war, it must be won.  The second thing that bothered me was the statement that the war in Iraq was the primary concern of our people.  I have a very wide circle of friends, associates, business leaders, relatives, and casual contacts.  They are a mix of business oriented, education oriented, service oriented, and republican, democrat, conservative, and very liberal people.  But, I have NEVER heard any of them say the war in Iraq was the main concern of their lives.

So, as I often do when searching for answers, I went to my mailing list of several hundred people and asked them a question.  With a lead-in about what I had heard on television I asked...”What concerns you most?” I was amazed at the response.  My usual number of replies tallies up to about 7 to 10 percent of my mailing list.  On this question, 23% of the readers responded.

Heading the list of concerns was the conduct of government officials as a body and Congress in particular.  Forty percent of those answering the question cited these matters as their lead concern.

Of equal weight was another forty percent, who had concerns related to everyday living at the top of their list.  These were things most of us refer to as bread and butter issues.

Finally, twenty percent of those writing replies had major concerns about the war.  Iraq was a matter close to their hearts, but few reflected what is called and anti-war attitude.

Edward Wilbur is a retired Marine.  He says, “I feel that one of my main concerns is the total lack of care or concern by members of Congress for anything other than what they can gain for themselves.

He continues saying “Their insatiable greed for money and power has become an obsession with them.  The fact that they are hell bent on doing everything within their power to destroy the Republican Party and everybody connected with it is the only thing that they can focus on.  The one thing (forgotten) is the fact they were elected by the people to do what the people of this county want.

Wilbur concludes with “Hopefully there is a power greater that will intervene before our nation is destroyed.”

Another retired Marine is John Boring in Arizona.  He too is focused on politicians, high gas prices and the flow of illegals across our borders.  “And the treason-prone Congress that thinks it should be running the country instead of passing good laws and giving the President what he wants and needs to keep our troops safe and supplied.”

Terry Brady up in Anchorage, Alaska was very concise with his concerns.  “A Sorry Congress.  Almost as Sorry Administration, especially on immigration and pandering to extreme environmentalists.”

Barbara Smith feels the main concerns of her family are in tune with my personal view of what is taking place in our country, the sad and sorry congress, high gas prices, and a leaky border that still has a steady stream of illegal aliens pouring across daily.  Reflectively, all of that goes back to the poor performance of Congress.

Leo Robert writes from State College, Pennsylvania.  He says, “My concern is that we have lost control of our government.  Politicians don’t care about the issues.  They are only concerned about power and dollars.  We have true patriots like the Minute Men who want to protect our borders and we have a president who calls them vigilantes.  Our sovereignty is going away and folks remain asleep.  Lawsuits have everyone afraid. The ACLU puts fear in everyone, including our politicians.  Our schools and churches cave in to liberals because they don’t want to upset people.  I think you get the picture.”

Wanda Greenhill is in the travel industry.  Her concerns are, “Congress is in a sorry state and I believe the president is doing all he can for the American people.  Unemployment is down, interest rates have been the lowest in years and none of us are privy to what is on his plate.  It is easy to find fault and hard to be compassionate.  High fuel prices are a concern for everyone.  The summer as fast approaching and the travel business will once again see decreases rather than increases.”

Fred Carr is a retired Marine who says the war is a concern, along with high gas prices and illegal immigration. “What concerns me the most, though, are professional politicians.  You and I can have our employment terminated due to poor performance.  That doesn’t apply to the politician very often. The politician, on the other hand, can only be ‘fired’ at an election.  Even after losing an election they still have fringe influences with minorities, conservatives, liberals, etc.”

Carr also has a bone to pick with the American voters and non-voters. “Sometimes a non-vote is a blessing to these people (politicians). “

Carr says he often has conversations with people and during them asks, “Do you vote?” Resounding he says,” The answer is who cares?  There’s nobody out there I support.”

Bob Johnston is a fellow Rotarian.  He says his main concern is “The unethical behavior of professionals, especially in public service capacity.  The selfish and greedy behavior of elected officials and the non punishment for offenses.”

Johnston is also concerned with the “lack of parental guidance and responsible participation, the magnitude of youth and young adults’ preoccupation with gadgets, the ever-increasing promiscuous behavior of young people and the abuse of the legal system for personal reward.”

Paula Martin is a legal secretary and an elder in her church.  Her main concern is “My children and their well-being.” She follows this with a list of concerns including “The fact that society has become more self-absorbed...the lack of respect from pre-teens, teens and young adults toward authority and elderly people...the fact that violence in the real world, on TV, in movies, videos, etc. doesn’t seem to shock people any more, until it touches them directly...the high cost of education and the fact that many kids are not getting a good education...the lack or role models in society...and finally...the lack of support that people show toward our president and our military troops.  Does the average person on the street really think they have a better perspective than our president and the military?  I think the answer is no.”

Norma Delgado is the president of the Volunteer Services Council, working with people who have mental health concerns and indigent families.  She is a daily commuter and says, “My main concerns are high gas prices and the high cost of college education.”

Serving in the leadership of Texas State Technical College is Mike Buck.  When asked what really concerns him, he says, “How about the uncontrollable health care costs, or just plain costs of everything to include gasoline, utilities, education, war, peace and the Now Generation Song sung by 90+ year olds.”

My son, Jason, is a coach in the Smithville, Texas school system.  He even wrote to register his concerns.  In order they are, “Insurance premiums, high gas prices, public education and my son’s broken arm.”

Dennis Bradley is one of the respondents who are concerned about the war.  He remarks, “What bothers me most is the aid and comfort given to the enemy by both the press and politicians. They did this during the Vietnam War and got thousands of my comrades in arms killed.  They are now not only getting more of these kids killed, but getting them maimed beyond recognition. The politicians have caused our military to second guess itself...” He feels the military is micro managed by political elements to the point where inactions result in more troop deaths.

Another writer who has the war on his mind is Ronald Whaley who resides in Tallahassee, Florida.  The disabled Navy veteran says, “Well I do get concerned about the war in Iraq because politicians will not allow those fighting the war to do their job.  I have a son in the gulf right now, with a Marine Corps Air Wing and his safety depends upon everyone doing his or her job.  I am concerned that our Congressional Leaders will declare the war lost while we have men and women in harms way. And nobody seems to think this is wrong.  I am concerned that my grandkids go to schools and this day they could be shot while at school.  I am concerned about the phony polls that say the majority of the people in America are against the war.  Who are these people?  I have never been asked or called by a pollster.  It might be they don’t really want to know what I think.”

Eric Muth visited Walter Reed Hospital and talked to the wounded troops.  He saw them with missing limbs and brain damage.  He says, “They have given so much in a cause that is coming apart and it weighs heavily on my soul.”

He claims that “The insurgency employs the lessons learned from Vietnam and frankly their tactics have been working to a large degree because Congress has acted to aid them.  The only thing missing at the moment is a ‘Baghdad Jane’.  He goes on to conclude, “We lack leadership that is visionary for the better good.  Instead we have leaders who are reactionary with an eye on the next election.”

Retired Army Colonel Harry Riley is concerned about the war in Iraq and has been for years.  “My concern is why we are allowing it to sap our youth instead of pursuing a winning strategy.  I’m concerned about the illegal population impact on security, the economy, safety, and the fact that our ‘nation of laws’ has gone under. I am concerned about the absolute hypocrisy of political figures, their lack of integrity and the melt down of American fabric.”

Riley closes saying, “I’m fearful America has no reasonable chance of recovery to its once held status of honor, strength, justice, and unity.”

Kevin Healy is a retired Air Force veteran.  He writes from Little Compton, RI.  “The simple but most unfortunate fact of the matter is most Americans do not have a dog in this fight.  You need a microscope to find the tiny percentage of Americans that are directly involved in the Iraqi conflict.  Never have so few been ignored by so many.  If it were not for the daily body count flashing across our television screens on the nightly news the average American would not give a thought to what is happening in Iraq and Afghanistan.  If it were up to me, I would tell the whole Middle East to stuff it.  We would get the hell out of that part of the world, stop trading with that bunch of ideological madmen and bit the bullet on exploring and using our own vast natural resources.”

J. Bolton writing from the Rio Grande Valley is troubled by “the widespread, appalling lethargy in the United States regarding the certain spread of the Islamic faith, and what it will do to our way of life.  It promises an express trip to paradise to anyone who commits the most heinous crimes one can imagine.  It is insidious and growing and we do not have anyone in leadership who will oppose and aspect of it for fear of opposing a religious group...even though their religion obligates them to KILL US.” He concludes with a reminder that “Our Congress is supposed to provide leadership for the nation and what do we have in the leadership position. Pelosi, Reed and Bush.  And we are supposed to have Hope?”

So there it is, an antidotal look at what Americans are listing as their main concerns.  Some think nothing or little about the war.  Many feel our Congress and other political leaders are the problem, rather than the solution.  Even those who list the war as a major concern don’t feel we should ‘cut and run’.  They look at Congress and the American media as the places to point the finger charging failure.

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