Bruce H
January 30, 2004, 01:33 PM
Congressmen ask for probe into light punishment for Missouri politician
By DAVID A. LIEB
The Associated Press
Three Democratic congressmen on Thursday asked for a Defense Department investigation into why a Republican Missouri lawmaker received only a light punishment for violating military rules by voting while on active duty.
State Sen. Jon Dolan, a major in the Army National Guard, returned on leave from Guantanamo Bay, Cuba, last September to cast the deciding vote overriding Democratic Gov. Bob Holden's veto of concealed guns legislation.
After an investigation, Army officials determined Dolan violated a Defense Department rule against carrying out the functions of a government office while on a tour of duty over 270 days.
The officer who investigated Dolan's actions recommended he be relieved of his command and sent home immediately.
But Maj. Gen. Geoffrey Miller, commander of the joint task force at Guantanamo Bay, concluded Dolan did not knowingly violate the rule and so issued him only a letter of admonition.
Dolan also was directed to either cease all senatorial duties, including regular contact with his office, or end his tour of duty.
At his request, Dolan was released from active duty and returned to the Senate on Jan. 20. But he remains a major in the Guard.
U.S. Reps. William Lacy Clay and Dick Gephardt, both Missouri Democrats, and California Rep. Henry Waxman wrote a letter Thursday requesting Defense Department Inspector General Joseph Schmitz investigate whether Dolan received special treatment.
Specifically, they questioned whether any political pressure was applied to the Defense Department, the U.S. Southern Command or the Guantanamo Bay command to grant Dolan leave shortly after being deployed and to impose a lighter punishment than recommended.
Dolan said there was "absolutely no" politics involved in his leave or punishment.
"The only politics left in this sad debacle is their shameless action," Dolan said in a telephone interview.
The congressmen note that Dolan voted despite being told by Brig. Gen. Dennis Shull, the head of the Missouri National Guard, that his action would violate military rules.
According to military records, Shull was asked to study the issue by Holden's office.
Dolan said that because he was on active duty, Shull was not his commander at the time, and that Shull's words were only advice.
Dolan said he chose to rely instead on the advice of a lawyer and a military magazine article in interpreting -- incorrectly -- that the rule applied only after someone had actually served 270 days of duty, as opposed to applying to anyone called to duty for a period at least that long.
According to military records, the investigating officer determined that Dolan's superiors at Cuba did not fully understand the rule against engaging in politics.
And the investigator's report found "no evidence of any outside pressure or influence" to grant Dolan leave.
Clay, who represents St. Louis constituents generally opposed to the concealed guns law Dolan helped pass, also requested a Defense Department investigation into Dolan's actions immediately after the Sept. 11 vote.
Gephardt's district also covers part of St. Louis. Dolan is from suburban Lake St. Louis.
I can think of several fitting solutions to people like the named politicians. Decorum prevents actual thoughts. All of them should be ran out of office. We better all get busy.
By DAVID A. LIEB
The Associated Press
Three Democratic congressmen on Thursday asked for a Defense Department investigation into why a Republican Missouri lawmaker received only a light punishment for violating military rules by voting while on active duty.
State Sen. Jon Dolan, a major in the Army National Guard, returned on leave from Guantanamo Bay, Cuba, last September to cast the deciding vote overriding Democratic Gov. Bob Holden's veto of concealed guns legislation.
After an investigation, Army officials determined Dolan violated a Defense Department rule against carrying out the functions of a government office while on a tour of duty over 270 days.
The officer who investigated Dolan's actions recommended he be relieved of his command and sent home immediately.
But Maj. Gen. Geoffrey Miller, commander of the joint task force at Guantanamo Bay, concluded Dolan did not knowingly violate the rule and so issued him only a letter of admonition.
Dolan also was directed to either cease all senatorial duties, including regular contact with his office, or end his tour of duty.
At his request, Dolan was released from active duty and returned to the Senate on Jan. 20. But he remains a major in the Guard.
U.S. Reps. William Lacy Clay and Dick Gephardt, both Missouri Democrats, and California Rep. Henry Waxman wrote a letter Thursday requesting Defense Department Inspector General Joseph Schmitz investigate whether Dolan received special treatment.
Specifically, they questioned whether any political pressure was applied to the Defense Department, the U.S. Southern Command or the Guantanamo Bay command to grant Dolan leave shortly after being deployed and to impose a lighter punishment than recommended.
Dolan said there was "absolutely no" politics involved in his leave or punishment.
"The only politics left in this sad debacle is their shameless action," Dolan said in a telephone interview.
The congressmen note that Dolan voted despite being told by Brig. Gen. Dennis Shull, the head of the Missouri National Guard, that his action would violate military rules.
According to military records, Shull was asked to study the issue by Holden's office.
Dolan said that because he was on active duty, Shull was not his commander at the time, and that Shull's words were only advice.
Dolan said he chose to rely instead on the advice of a lawyer and a military magazine article in interpreting -- incorrectly -- that the rule applied only after someone had actually served 270 days of duty, as opposed to applying to anyone called to duty for a period at least that long.
According to military records, the investigating officer determined that Dolan's superiors at Cuba did not fully understand the rule against engaging in politics.
And the investigator's report found "no evidence of any outside pressure or influence" to grant Dolan leave.
Clay, who represents St. Louis constituents generally opposed to the concealed guns law Dolan helped pass, also requested a Defense Department investigation into Dolan's actions immediately after the Sept. 11 vote.
Gephardt's district also covers part of St. Louis. Dolan is from suburban Lake St. Louis.
I can think of several fitting solutions to people like the named politicians. Decorum prevents actual thoughts. All of them should be ran out of office. We better all get busy.