06/12/2023
This is an outrage! I personally know BG Warren Wells and he is one of the finest humans I have met — his kindness, empathy, level-headedness, and steadiness is unique in the profession. We served as captains in Fort Polk in 1999-2000 and he was simply a superb example of an Army officer to me, a young wayward newbie to the JAG Corps.
As for as what he wrote in the email — give me a break. He was a leader of defense counsel and pointing out the obvious — that the defense bar was the last line of defense against the Congressionally mandated witch-hunt of the time - the Army prosecution training teams were teaching that you always believe victims, that every counterintuitive behavior was explainable, and that no matter the evidence to the contrary, victims were not to be questioned (I was a special victim prosecutor from 2010 to 2014 and know this personally) — this was certainly not the duty of the defense counsel! To now fire a prosecutor for what was said to his defense counsel is preposterous.
The most concerning to me is the chilling effect it will have on the TDS and military uniformed defense bar. Now, as a defense counsel, every motion, email, verbatim transcript of arguments, letter to commanders, and cross examination of witnesses can be scrutinized years later to scuttle one’s career and promotions will serve as a barrier for the career-minded JAGs. Hell, some JAGs will even avoid the defense counsel jobs altogether. This action will silence some in the military defense bar and cause others to “pull punches” and question the consequences of their zealousness.
Way to go Army! Another reason our troops should hire civilian defense counsel if they can afford it — we don’t look over our shoulders as we represent our clients concern our zealous advocacy and leadership will be used against us in our career advancement.
Good luck BG Wells — you away have a friend at the Law Office of Will M. Helixon.
The lawyer selected to be the Army’s first top prosecutor of sexual assaults under an overhaul of the military justice system has been fired because of an email he sent 10 years ago appearing to belittle victims’ assault allegations.
