Air Force lawyer scolded for Facebook post about sexual assault cases

With just a few weeks left in her Air Force career, Capt. Maribel Jarzabek decided to vent a little. She posted a few messages on a U.S. senator's Facebook page, supporting the lawmaker's push to overhaul the military justice system for sexual-assault cases.

Not long afterward, Jarzabek received an email from a higher-ranking officer, informing her that she was under criminal investigation. The allegations? That she had wrongfully advocated "a partisan political cause" and expressed opinions online that could undermine public confidence in the Air Force.

Jarzabek is a military lawyer assigned as part of a new program to represent victims of sexual assault. Although the Defense Department has promoted the program as a success story and part of a broader campaign to crack down on sex crimes within the armed forces, Jarzabek had grown disillusioned and said she felt the Air Force was papering over deeper problems.

"Changes are needed, and it's time that the public knew about the military's true dirty little secrets!" she wrote Dec. 2 in a long comment posted on the Facebook page of Sen. Kirsten Gillibrand, D-N.Y.

Under military regulations, uniformed personnel are prohibited from publicly participating in overt political causes. Appearing at a rally in uniform or endorsing a candidate is forbidden.

In her Facebook posts, Jarzabek identified herself as an active-duty Air Force lawyer, which apparently is what drew the attention of her superiors and prompted the investigation.

On Dec. 23, after a brief investigation, Jarzabek said she was notified by the investigating officer that she had been found guilty of the allegations. The punishment was decidedly mild: She was given "verbal counseling," or a warning not to do it again.

Although the outcome won't appear as a black mark on her official military record, Jarzabek called the investigation a thinly veiled attempt to retaliate against her for advocating too strongly for sexual-assault victims. In an interview, she also questioned the timing, noting that her departure from the service was imminent. After a five-year career, Wednesday is her last day in the Air Force.

"I told the truth," said Jarzabek, 34, who is stationed at Ramstein Air Base in Germany. "I do believe they are trying to silence me and also send a message to other special-victim counsels who agree with me but are afraid to speak up."

Air Force Col. Kristine Kijek, the investigating officer who upheld the allegations against Jarzabek, did not respond to an email seeking comment. Lt. Col. Christopher Karns, an Air Force spokesman at the Pentagon, said he could not discuss details of Jarzabek's case because of privacy restrictions.

In a statement, Karns said the Air Force "is strongly committed to combating sexual assault" and has "actively listened to feedback and suggestions concerning military justice improvements."

He said any Air Force members who — like Jarzabek — believe that they have been retaliated against have the right to file a complaint with the Defense Department's inspector general. Jarzabek said she decided not to go that route because such cases typically "go nowhere."

The military's record of investigating and prosecuting sexual-assault cases has been a sensitive subject at the Pentagon and on Capitol Hill. Members of Congress and President Barack Obama have demanded reforms amid a surge in reported incidents of rape and sexual abuse.

Military commanders have adopted a host of administrative and legal changes and have made clear to their troops that the issue is a top priority. But some lawmakers have been pressing for more radical changes.

Foremost has been a bill introduced by Gillibrand that would strip commanders of the authority to oversee investigations into sexual assaults and other serious crimes, giving those powers to uniformed prosecutors. Pentagon leaders have lobbied heavily against her proposal, saying it would undermine commanders and diminish their ability to maintain order and discipline.

A majority of senators voted in favor of Gillibrand's measure in March, but the bill fell five votes short of the 60 necessary to clear a procedural hurdle. Gillibrand had been pushing for another vote in early December when Jarzabek posted her supportive comments on the senator's Facebook page.

"I admire her bravery in speaking her mind, because I have heard from many other active-duty service members who have encouraged me privately to keep moving forward but are afraid to say it publicly out of fear of retribution or retaliation," Gillibrand said in a written statement. "I think the message being sent here is very clear — unless you are going to toe the company line, shut up, or we will punish you."

Jarzabek and her supporters said she had raised her superiors' hackles previously by zealously advocating for sexual-assault victims. She was a key player in a case that led to the retirement of a three-star general a year ago after he was criticized for his oversight of an investigation of a rape suspect.

Don Christensen, a former chief prosecutor in the Air Force, now serves as president of the advocacy group Protect Our Defenders, which backs Gillibrand's bill. He said the criminal investigation into Jarzabek would resonate within Air Force legal circles.

"It's clear that if you support the current system and you do so publicly, then that's something that's considered praiseworthy and can get you promoted," he said. "But if you oppose it and say so, you'll get criminally prosecuted."

Officer dissents from sex assault policy, faces repercussions

With just a few weeks left in her Air Force career, Capt. Maribel Jarzabek decided to vent a little. She posted a few messages on a U.S. senator's Facebook page, supporting the lawmaker's push to overhaul the military justice system for sexual-assault cases.

Not long afterward, Jarzabek received an email from a higher-ranking officer, informing her that she was under criminal investigation. The allegations? That she had wrongfully advocated "a partisan political cause" and expressed opinions online that could undermine public confidence in the Air Force.

Jarzabek is a military lawyer assigned as part of a new program to represent victims of sexual assault. Although the Defense Department has promoted the program as a success story and part of a broader campaign to crack down on sex crimes within the armed forces, Jarzabek had grown disillusioned and said she felt the Air Force was papering over deeper problems.

"Changes are needed, and it's time that the public knew about the military's true dirty little secrets!" she wrote Dec. 2 in a long comment posted on the Facebook page of Sen. Kirsten Gillibrand, D-N.Y.

Under military regulations, uniformed personnel are prohibited from publicly participating in overt political causes. Appearing at a rally in uniform or endorsing a candidate is forbidden.

In her Facebook posts, Jarzabek identified herself as an active-duty Air Force lawyer, which apparently is what drew the attention of her superiors and prompted the investigation.

On Dec. 23, after a brief investigation, Jarzabek said she was notified by the investigating officer that she had been found guilty of the allegations. The punishment was decidedly mild: She was given "verbal counseling," or a warning not to do it again.

Although the outcome won't appear as a black mark on her official military record, Jarzabek called the investigation a thinly veiled attempt to retaliate against her for advocating too strongly for sexual-assault victims. In an interview, she also questioned the timing, noting that her departure from the service was imminent. After a five-year career, Wednesday is her last day in the Air Force.

"I told the truth," said Jarzabek, 34, who is stationed at Ramstein Air Base in Germany. "I do believe they are trying to silence me and also send a message to other special-victim counsels who agree with me but are afraid to speak up."

Air Force Col. Kristine Kijek, the investigating officer who upheld the allegations against Jarzabek, did not respond to an email seeking comment. Lt. Col. Christopher Karns, an Air Force spokesman at the Pentagon, said he could not discuss details of Jarzabek's case because of privacy restrictions.

In a statement, Karns said the Air Force "is strongly committed to combating sexual assault" and has "actively listened to feedback and suggestions concerning military justice improvements."

He said any Air Force members who — like Jarzabek — believe that they have been retaliated against have the right to file a complaint with the Defense Department's inspector general. Jarzabek said she decided not to go that route because such cases typically "go nowhere."

The military's record of investigating and prosecuting sexual-assault cases has been a sensitive subject at the Pentagon and on Capitol Hill. Members of Congress and President Barack Obama have demanded reforms amid a surge in reported incidents of rape and sexual abuse.

Military commanders have adopted a host of administrative and legal changes and have made clear to their troops that the issue is a top priority. But some lawmakers have been pressing for more radical changes.

Foremost has been a bill introduced by Gillibrand that would strip commanders of the authority to oversee investigations into sexual assaults and other serious crimes, giving those powers to uniformed prosecutors. Pentagon leaders have lobbied heavily against her proposal, saying it would undermine commanders and diminish their ability to maintain order and discipline.

A majority of senators voted in favor of Gillibrand's measure in March, but the bill fell five votes short of the 60 necessary to clear a procedural hurdle. Gillibrand had been pushing for another vote in early December when Jarzabek posted her supportive comments on the senator's Facebook page.

"I admire her bravery in speaking her mind, because I have heard from many other active-duty service members who have encouraged me privately to keep moving forward but are afraid to say it publicly out of fear of retribution or retaliation," Gillibrand said in a written statement. "I think the message being sent here is very clear — unless you are going to toe the company line, shut up, or we will punish you."

Jarzabek and her supporters said she had raised her superiors' hackles previously by zealously advocating for sexual-assault victims. She was a key player in a case that led to the retirement of a three-star general a year ago after he was criticized for his oversight of an investigation of a rape suspect.

Don Christensen, a former chief prosecutor in the Air Force, now serves as president of the advocacy group Protect Our Defenders, which backs Gillibrand's bill. He said the criminal investigation into Jarzabek would resonate within Air Force legal circles.

"It's clear that if you support the current system and you do so publicly, then that's something that's considered praiseworthy and can get you promoted," he said. "But if you oppose it and say so, you'll get criminally prosecuted."

South Korean to drop Sony film in North by balloon

SEOUL, South Korea — A South Korean activist said Wednesday that he will launch balloons carrying DVDs of Sony's "The Interview" toward North Korea to try to break down a personality cult built around dictator Kim Jong Un.

The comedy depicting an assassination attempt on Kim is at the center of tension between North Korea and the U.S., with Washington blaming Pyongyang for crippling hacking attacks on Sony Entertainment. Pyongyang denies that and has vowed to retaliate.

Activist Park Sang-hak said he will start dropping 100,000 DVDs and USBs with the movie by balloon in North Korea as early as late January. Park, a North Korean defector, said he's partnering with the U.S.-based non-profit Human Rights Foundation, which is financing the making of the DVDs and USB memory sticks of the movie with Korean subtitles.

Park said foundation officials plan to visit South Korea around Jan. 20 to hand over the DVDs and USBs, and that he and the officials will then try to float the first batch of the balloons if weather conditions allow.

"North Korea's absolute leadership will crumble if the idolization of leader Kim breaks down," Park said by telephone.

If carried out, the move was expected to enrage North Korea, which expressed anger over the movie. In October, the country opened fire at giant balloons carrying anti-Pyongyang propaganda leaflets floated across the border by South Korean activists, trigging an exchange of gunfire with South Korean troops.

But it is not clear how effective the plan will be, as only a small number of ordinary North Korean citizens are believed to own computers or DVD players. Many North Koreans would not probably risk watching the movie as they know they would get into trouble if caught. Owning a computer requires permission from the government and costs as much as three months' salary for the average worker, according to South Korean analysts.

Not everyone supports sending balloons into the North, with liberals and border town residents in South Korea urging the activists to stop. North Korea has long demanded that South Korea stop the activists, but Seoul refuses, citing freedom of speech.

Park said the ballooning will be done clandestinely, with the pace picking up in March when he expects the wind direction to become more favorable.

Calls to the Human Rights Foundation on Wednesday were not immediately answered. The foundation says on its website that it works with North Korean defectors to use hydrogen balloons to send material across the border, as well as smuggling items through China and broadcasting radio transmissions to reach those who own illegal short wave radios.

Yongsan bans personal drones equipped with cameras

SEOUL, South Korea — The discovery of several camera-equipped North Korean drones south of the Demilitarized Zone last spring raised worries about spying. But at the U.S. military’s largest installation on the peninsula, the real security threat this holiday season may have been Santa Claus.

A new U.S. Army Garrison Yongsan policy, issued just days before Christmas, banned the use of Unmanned Aerial Vehicles and Remote Control Aircraft — aircraft without human pilots, guided by computers or remote control — on its installations.

Garrison spokeswoman Michelle Thomas said the new policy was not prompted by any specific incidents or security concerns but was meant to reinforce existing military regulations on UAV and RCA use by creating a garrison policy.

“The timing of it really had to do with people getting those as presents because it was just before Christmas… just making sure they knew what the regulations were, and that’s it,” she said.

A Dec. 19 policy letter, signed by garrison commander Col. Maria Eoff, banned the use of UAVs or RCAs equipped with cameras or data collection devices on Yongsan and other Area II installations “for public safety and OPSEC reasons.” The ban excluded UAV and RCA flights made for official military purposes.

The policy does allow RCA use in Area II with conditions. Operators must be at least 13, have their aircraft registered and inspected and go no higher than 100 feet high. RCAs can be used only at the Family Fun Park or sports fields at Yongsan’s Blackhawk Village, across from Burke Towers, or at the K-16 Air Base sports field adjacent to the running track.

Violators may be subject to Uniform Code of Military Justice punishment, administrative sanctions or civilian criminal prosecution, the policy letter said.

The letter said that while RCAs have been used recreationally by model aircraft enthusiasts, “they are increasingly being used for professional applications such as surveillance and data-gathering. Such aircraft are likely to be operated in a way that may pose a greater risk to the general public and operators may not be aware of the potential dangers… Further, the possibility of signal interference or interception might be associated with such aircraft.”

Thomas said the ban on UAVs and model aircraft was not prompted by security concerns following the discovery of several crashed North Korean drones in the South earlier this year, including one that was found to have taken pictures of the president’s residence in Seoul.

The rudimentary blue drones were similar in size and shape and were equipped with cameras and parachutes. Defense officials said they were not capable of carrying a significant load of weaponry or software to provide a live feed to a ground contact, indicating the North was in the early stages of developing UAV technology.

The drones’ ability to penetrate South Korean airspace without detection raised concerns about the country’s air defense, prompting Seoul to vow that it would respond forcefully to future drone incursions and increase its efforts to monitor and down UAVs.

rowland.ashley@stripes.com

Twitter: @Rowland_Stripes

Russia says Ukraine deal to buy US nuclear fuel poses safety risks

31 minutes ago

By Carol J. Williams

Los Angeles Times (TNS)

Published: December 31, 2014

Russia’s Foreign Ministry accused Ukraine of endangering public safety in Europe with its decision to buy nuclear fuel for its Soviet-built nuclear plants from a U.S. supplier, saying Ukrainian leaders had failed to learn anything from the 1986 Chernobyl disaster about safe nuclear energy usage.

“Moscow was somehow alarmed” over the deal announced earlier in the day by Ukrainian Prime Minister Arseny Yatsenyuk for Kiev to buy fuel for its nuclear plants from U.S. company Westinghouse through the year 2020, the ministry said in a statement posted on its website.

“Consequences of possible accidents and meltdowns will be the full responsibility of the Ukrainian authorities and U.S. suppliers of the fuel,” the statement added.

The shift in supplier for the Ukrainian plants that produce 44 percent of the country’s electricity was part of an effort across Eastern Europe to diversify fuel supplies currently sourced almost exclusively from Russia’s monopoly Rosatom.

Westinghouse, majority-owned by the Toshiba Group and the builder and operator of more than half of the nuclear plants around the world, noted it “has been working in the Ukrainian market since 2003, and brings diversification of suppliers, global best practices and technology to the Ukraine market.

“Westinghouse fuel is currently operating safely and efficiently at the South Ukraine Nuclear Power Plant without any defects in performance,” the company noted in a statement from its global headquarters near Pittsburgh.

The Russian Foreign Ministry statement was carried in full by the country’s state-controlled media and appeared to signal Rosatom’s pique over erosion of its once-captive market.

“It seems that the Chernobyl tragedy did not teach Kiev authorities any lessons concerning a scientifically feasible approach to the (peaceful) use of nuclear energy,” the statement said. “In fact, it might be that nuclear safety is sacrificed for the sake of political ambitions.”

Chernobyl, in northern Ukraine near the Belarus border, was the scene of the world’s worst nuclear disaster when an explosion and fire destroyed the No. 4 reactor at the four-unit plant and sent up a radioactive cloud that circled the planet.

Russia has been chafing at Ukraine’s pivot toward economic and security alliance with the West and away from its traditional integration with Russia. The Security Council revised Russia’s military doctrine last week to label the U.S.-led North Atlantic Treaty Organization the greatest threat to Russian security and earlier in the week blamed the alliance for Ukraine’s decision to renounce its nonaligned status.

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©2014 Los Angeles Times

6 bodies recovered from AirAsia crash as weather hampers search

PANGKALAN BUN, Indonesia — A massive hunt for the 162 victims of AirAsia Flight 8501 resumed in the Java Sea on Wednesday, with six bodies, including a flight attendant identified by her trademark red uniform, recovered. But wind, strong currents and high surf hampered recovery efforts as distraught family members anxiously waited to identify their loved ones.

Three bodies were retrieved Tuesday, while the others were found after the search resumed Wednesday morning, said Indonesia's Search and Rescue Agency chief Henry Bambang Soelistyo.

On Tuesday, the number had varied, with different officials saying as many as six corpses had been discovered.

He said half of those found were male and half female, including the flight attendant.

The first proof of the jet's fate emerged Tuesday in an area not far from where it dropped off radar screens. Searchers found the bodies and debris that included a life jacket, an emergency exit door and a suitcase about 10 miles from the plane's last known coordinates.

On Wednesday, divers were deployed, but heavy rain and clouds grounded helicopters, said Soelistyo.

The airliner's disappearance halfway through a two-hour flight between Surabaya, Indonesia, and Singapore triggered an international search for the aircraft involving dozens of planes, ships and helicopters. It is still unclear what brought the plane down.

The plane needs to be located and its cockpit voice and flight data recorders, or black boxes, recovered before officials can start determining what caused the crash.

Images of the debris and a bloated body shown on Indonesian television sent a spasm of anguish through the room at the Surabaya airport where relatives awaited news.

The first sign of the jet turned up about 10 miles from its last known coordinates. Parts of the interior, including the oxygen tank, were brought to the nearest town, Pangkalan Bun. Another find included a bright blue plastic suitcase, completely unscratched.

"I know the plane has crashed, but I cannot believe my brother and his family are dead," said Ifan Joko, who lost seven family members, three of them children, as they traveled to Singapore to ring in the new year. "We still pray they are alive."

The corpses were spotted about 100 miles from Central Kalimantan province.

Rescue workers descended on ropes from a hovering helicopter to retrieve bodies. Efforts were hindered by 6-foot waves and strong winds, National Search and Rescue Director SB Supriyadi said.

The first body was later picked up by a navy ship. Officials said as many as six others followed, but they disagreed about the exact number.

Supriyadi was on the aircraft and saw what appeared to be more wreckage under the water, which was clear and a relatively shallow 65 to 100 feet.

When TV broadcast an image of a half-naked man floating in the water, a shirt partially covering his head, many of the family members screamed and wailed uncontrollably. One middle-aged man collapsed and had to be carried out on a stretcher.

About 125 family members were planning to travel Wednesday to Pangkalan Bun to start identifying their loved ones. Body bags and coffins have been prepared at three hospitals there. Dozens of elite military divers also joined the search.

Malaysia-based AirAsia's loss comes on top of the still-unsolved disappearance of Malaysia Airlines Flight 370 in March with 239 people aboard, and the downing of Malaysia Airlines Flight 17 in July over Ukraine, which killed all 298 passengers and crew.

Nearly all the passengers and crew were Indonesians, who are frequent visitors to Singapore, particularly on holidays.

Haidar Fauzie, 60, said his youngest child and only daughter, Khairunnisa Haidar, was a flight attendant who had worked with AirAsia for two years.

On learning about the crash, he struggled to console his grieving wife. They last saw their child six weeks ago, when she returned home on holiday.

"From the start, we already knew the risks associated with being a stewardess," Fauzie said. "She is beautiful and smart. It has always been her dream to fly. We couldn't have stopped her."

AirAsia group CEO Tony Fernandes, the airline's founder and public face and a constant presence in Indonesia since the tragedy started unfolding, said he planned to travel to the recovery site on Wednesday.

"I have apologized profusely for what they are going through," he said of his contact with relatives. "I am the leader of this company, and I have to take responsibility. That is why I'm here. I'm not running away from my obligations."

The jet's last communication indicated the pilots were worried about bad weather. They sought permission to climb above threatening clouds but were denied because of heavy air traffic. Four minutes later, the jet disappeared from the radar without issuing a distress signal.

Several countries rushed to Indonesia to help with search and recovery efforts.

The United States said it was sending the USS Sampson destroyer, joining at least 30 ships, 15 aircraft and seven helicopters in the search for the jet.

A Chinese frigate was on the way. Singapore said it was sending two underwater beacon detectors to try to pick up pings from the plane's all-important cockpit voice and flight-data recorders. Malaysia, Australia and Thailand are also involved in the search.

McDowell reported from Jakarta. Associated Press writers Niniek Karmini, Ali Kotarumalos and Margie Mason in Jakarta and Eileen Ng in Surabaya, Indonesia, contributed to this report.

9 people, including 2 kids, found dead at 3 crime scenes in Canada

EDMONTON, Alberta — Nine people, including seven adults and two young children, were found dead at three separate crime scenes in what Edmonton's police chief on Tuesday called the city's worst mass murder.

Chief Rod Knecht told a news conference the killings were the result of domestic violence. The victims included a middle-aged woman found Monday night by officers who were responding to a report of a man entering the south-side home, opening fire and fleeing.

Police were later called to a house in a quiet cul de sac in the northeast Monday afternoon to check on reports of a depressed, suicidal male earlier in the evening.

"The male was not located and there was no response, and nothing suspicious was noted at the residence."

Knecht said police received new information after midnight that prompted officers to return to the house where they found the seven bodies. He didn't say how the victims died or what prompted police to return.

"It is a tragic day for Edmonton," he said. "This series of events are not believed to be random acts. ... These events do not appear to be gang-related, but rather tragic incidents of domestic violence."

The police chief didn't give the ages of the two children, other than to say they were very young. The adult victims were all middle-aged.

Neighbor Moe Assiff said he saw officers come out and talk to a woman sitting with a man in a white car outside the house.

"She just let out a hysterical scream. It was eerie," Assiff said." She was screaming about her kids: `My kids! The kids!,' grabbing her hair and trying to pull her hair out. The cops then ushered her down the road into a police cruiser."

About two hours after that, the drama shifted to the VN Express Asian restaurant in the bedroom community of Fort Saskatchewan where a man matching the description of the suicidal male was found dead on Tuesday morning, Knecht said.

"Our homicide investigators have established associations and linkages between these homicides," he said.

Police would not elaborate on the connection between the deaths.

"It's a really complex case involving multiple locations and police have yet to identity the suicide victim so police cannot yet say with 100 percent accuracy what the connection is," said police spokesman Scott Patterson.

In Edmonton, a city of 878,000 people, mass murders are extremely rare. Knecht said the case was the worst mass killing in the city since at least 1956, when six people were murdered.

John Etter Clark, a provincial politician who served as a member of the Legislative Assembly of Alberta for four years, killed his wife, son, three daughters and an employee of their family farm before taking his own life in 1956. Clark had been suffering from frequent nervous breakdowns in the years before the killings.

Alberta Justice Minister Jonathan Denis said in a statement that his thoughts and prayers were with the families and friends of those involved as well as with first responders.