What James Branum won’t tell you
Yesterday, TSO wrote about Travis Bishop’s and Leo Church’s lawyer, James Branum and his claims that the Fort Lewis Regional Detention Facility is Guantanamo-on-Sequalitchew Lake. Like we do here at This Ain’t Hell, TSO followed up with an email to the Fort Lewis PAO to get the answers that Branum won’t provide to the media;
Q1. James Branum, the civilian lawyer representing Sgt. Travis Bishop and Spc. Leo Church, said the two were put in a 10-day(ish) medical hold when they first arrived. During this hold, they were not allowed to make any phone calls, including to lawyers. Is the medical hold a standard procedure? And are inmates allowed to use the telephone to make calls during this hold?
Answer. When new prisoners are assigned to the Northwest Joint Regional Correctional Facility (NWJRCF) they are segregated until they are medically cleared to join the general population, which can take 3-10 days. This is for the prisoners’ safety as well as the staff. The prisoners can still make phone calls during the segregation period, and they are visited daily by staff.
Q2. Branum said the two couldn’t make calls to their lawyer without someone listening because a secure attorney/client room had yet to be completed. Can you confirm if an attorney room (with unmonitored phone lines) has yet to be completed?
Answer. The NWJRCF was relocating some offices and facilities, and a private room was not readily available for private calls; however, at the time Mr. Branum was not the attorney-of record. Had he been, the prisoner(s) would have been afforded the privileges of a conversation with their attorney and not having it recorded; however, a guard is required to be present during the conversation to ensure additional phone calls are not made. If he was the attorney of record, the RCF would have made the provisions for them to have private phone calls in accordance with their rights.
Q3. Branum said his clients made calls from elsewhere in the building, and that guards stood close by a violation of attorney/client privilege. If someone is required to make a phone call from elsewhere, are guards still required to remain nearby?
Answer. The prisoner(s) were allowed to take calls in one of the counselor’s offices, but could not be permitted to remain there unescorted. Since then, a private area has been reestablished for private calls between prisoners and attorneys [of record]. In other words, if it’s a conversation with an attorney, the prisoners will be put in a private room and it’s confidential, as long as it is with the attorney of record.
Otherwise, phone calls are made at a designated time on the prisoner phone system, and these calls are recorded. If a prisoner needs for some reason to make a call on a phone other than the prisoner phone system, then a guard will remain nearby.
Q4. Branum said female guards watched his (male) clients use the restroom and shower. Are there rules prohibiting this?
Answer. In accordance with Army Regulation 190-47, female correctional specialists are allowed to supervise male prisoners. When female correctional specialists walk through the facility, it is possible that they could see a male prisoner in the restroom or shower, but that is not a violation.
Q5. Branum said his clients were strip-searched in a room that had cameras (though he was unsure if they were running at the time). Is there a standard operating procedure to turn off the cameras during this time?
Answer. The NWJRCF is continuously monitored by cameras for security and safety reasons. It was recently brought to the staff’s attention that prisoners were being strip searched in the range of cameras. Since all cameras are on sensors that record motion, it is possible that this event may have been recorded. A review of facility procedures was conducted, and strip searches are now being conducted in areas without security cameras. Strip searches are conducted for security reasons and by no means were intended to humiliate the prisoner(s). The allegation that female guards watch strip searches is not true. Females guards are strictly prohibited from conducting frisk searches and strip searches of male prisoners. There are always adequate male personnel on duty to conduct searches.
Q6. Are the guards MPs, contractors or GS employees?
Answer. Military Police Correctional Specialists.
Q7. The prisoners’ local counsel, Legrand Jones, says he was turned away last month at the gate even though he’s their legal representation. He says he’s on some list of folks not let past the gate.
Answer. Mr. Legrand Jones, a local representative for Mr. Branum, arrived at the Fort Lewis Visitors Center unannounced, without prior notification and without an escort arranged, and attempted to gain access to Fort Lewis but was denied access by the installation security forces. At the time, he was not listed as Bishop or Church’s attorney of record. The security forces contacted the NWJRCF, and out of respect for Travis Bishop’s right to counsel a van was dispatched to make contact with Mr. Jones, but he had departed.
Legrand Jones is designated as having limited access to Fort Lewis. Because of his prior encounters with law enforcement, he is regarded as a potential threat to good order and discipline on the installation. Nonetheless, as Travis Bishop’s lawyer, he has been afforded access to his client.
Arrangements have been made to provide him with an escort to meet with Bishop, and he has visited his clients in person and telephonically.
In closing, we can’t lose sight of the fact that these are prisoners who are serving a sentence. They may be afforded privileges of phone calls, access to mail, visitors, etc., but there is no absolute privacy except during face-to-face prisoner-attorney visits. All of the information in my responses is in accordance with Army policy and is applicable to all prisoners in the Northwest Joint Regional Correctional Facility. The NWJRCF is an accredited facility by the American Corrections Association, and the procedures for running the NWJRCF are comparable to civilian correctional facilities and prisons.
This morning one of our IVAW refugees sent this YouTube video that Branum took of his laptop while it played a Radio Havana broadcast that expresses sympathy for Travis Bishop from the government of Cuba.
That’s a real feather in your cap, James. Hugs from Fidel. Next thing you know, you’ll be getting Valentine’s Day cards from Kim Jong Il…ya twit.
Category: Antiwar crowd, Iraq Veterans Against the War, Society, Usual Suspects
I have blankets and chemicals…should we have a party? Dick.
One would think that these defendants would be smart enough to find a good defense lawyer with a real track record, some military experience, and who is not so married to “the cause” that they completely abandon all ethical principles when it comes to the best interests of a client. How this guy still has a license is beyond me.
Sounds like the Army has done everything by the book, within bounds, and swiftly corrected anything wrong.
And I agree, “In closing, we can’t lose sight of the fact that these are prisoners who are serving a sentence.”
So brainless Branum & jonsing Jones need to pull their respective heads out of each others 4th point of contact, go back to school & re-learn how to THINK . . . if it’s not too late.
I confirmed this with my contacts as well. This posting is true.
James Branum is an idiot and his clients are fools for not booting him and getting real counsel who puts their interests over his “mission” to rid the world of fighting men so that we can have whirled peas.
Sheep should just leave the sheepdogs alone.
I really hate “feeding the trolls”, but believing what a military PAO says is like so lame. He’s a f*ckin’ PUBLIC AFFAIRS OFFICER…do u really think he’s gonna rat on his own group ! Please. I am a 62 year-old woman and have been a peace activist for 30+ years. I supported COs during the 90s at Camp Lejeune and Ft. Myers. Oh, the drivel they all spout. A funny but sad incident was when I overheard military witnesses laughing about a case and repeating the exact opposite of what they had said on the stand ! They obviously did not know who I was…all they saw was a 5’10”, blue-eyed blonde ! Oh, and we even caught the chaplain at the brig in a few “big ones.” LOL
I am the daughter of a MGSgt. in the Marine Corps so I understand your mindset, but please this is just too much. I not in on the hate Branum campaign, but surely you guys have a serious problem with him. But none of the above proves anything. It’s what it is: “military-speak”
“I am the daughter of a MGSgt. in the Marine Corps so I understand your mindset….”
If you understood my “mindset” you wouldn’t have hidden behind that phrase.
We don’t like Branum because he is a lawyer who seems to think that he makes the rules (i.e. arguing soldiers were not trained on their C.O. rights as an excuse for going awol when there is absolutely no duty to provide such training). He gets scared/troubled servicemembers in a vulnerable position and uses their problems to advance his agenda while giving them BAD advice. As a lawyer, I have a problem with his lack of objectivity and have members of the OK bar investigating whether he is in breach of his profesional responsabilities.
I am going to take the PAO at his/her word until you can provide some proof that he/she is lying.
Let’s talk about Branum’s client who committed suicide in jail the day after his call to Branum wasn’t returned. And Branum immediately went in front of TV cameras to blame the system to cover for his own lack of compassion and concern for his clients.
@John: I have no idea why u said “hidden behind that phrase.” Your perception is wrong. I thot I was out there with my comments, no hiding. But, I guess your mindset doesn’t even allow for folks like me, nor do I for you.
But I knew someone wld say something and YOU did. Is it really just Branum or most lawyers for “world peas”?
@Susan: Thanks for the viewpoint as a lawyer. I do not know Branum…only thru Facebook. Of course, I don’t have proof about PAO one way or the other. I can only go on MY experience.
I asked all this because I’m curious. In Desert Storm peace groups, etc. urged folks to go AWOL, CO, etc. Then when they did they were abandoned. To a degree we had this happening at Ft. Stewart here in Georgia and a group has been set up to counsel both sides of the issue. Yes, most are “scared/troubled” and the last thing u want to assure them is legal justice. THEY are the ones that have to take the heat.
Anyway I guess we will have to agree to disagree. You most likely have a problem with what the servicemen are doing (not killing) so we would never get past that.
I meant that you’re hiding behind your father’s supposed service to snipe at us – using it as some sort of moral authority. You don’t know me, or anyone else on this forum – we aren’t clones of your father, so why would you think it gives you some special insight? It’s just like when you tell black people that you knew a black guy once, so you know all about being black.
As far as your “feeding the trolls” comment, we can’t troll our own forum, can we?
And you haven’t defended Branum even a little bit. When his clients start getting less than the max punishment for their crimes, maybe I’ll leave him alone. In the meantime, he’s more committed to creating martyrs for the cause than he is committed to getting real justice for his clients.
Your opinion of the PAO is so much irrelevant noise. If you hang with the Branum crowd, you don’t have an opinion of your own.
And what about the suicide? Did you just skip over that because it’s too hard to face?
I think Cat’s problem is she defends Branum for being a lawyer for “world peas.” That is the problem in my view because if I were in trouble, I would want a lawyer who will do anything within ethical and legal bounds solely to help me, and not the cause. Sure a good lawyer will not talk down and can sympathize for the whatever principles are conveyed, but in the end, it’s the client and not the cause. Here, you have a lawyer with questionable knowledge of military law and procedure based on his own actions and tactics, working for a cause and not for the client. This is an ethical breach in my opinion because the end result is overlly harsh sentences that should never be handed down.
I’m in contact with a few really good lawyers with actual military experience that would knock down the walls of the military to defend a client, but at the same time know exactly what to do and how to be a lawyer and not a “peace activist”. Cat sites Fort Stewart. One story in particule is where a guy was in the same exact boat as Branum’s clients, maybe even a bit worse. This includes influence and pressure from other “activists.” Branum’s GI legal rights group gave the soldier their typical advice, the lawyer I know apparently told him to ignore that completely and the end result was a favorable discharge… no worse than a general. And no trial and no hemming and hawing.
Maybe it’s because there are so many good and ethical lawyers out there that makes me revile at leeches like Branum. Sorry guys for this venemous rant. Some things just stick in my craw I guess.
Cat, that you have been a “peace activist” for 30+ years, gives me a warm fuzzy all over. I’m wondering if you were front and center during the Bosnia and Kosovo missions? How about Haiti? Or, do you pick and choose based on who’s in office? What do “peace activists” do when there isn’t a war that the US is engaged in (I know the answer, because I have been face to face with them during the Clinton years. I especially liked the dude getting out of his Mercedes wearing a Che shirt and the guy in the Caddy with his international answer shirt)?
So, you don’t like killing? Well join the fricken club, sister!
All those on this site that like killing; raise your hand!!!!
What I really don’t like is when bad guys kill un-armed civillians, or don’t give a shit that there is a child standing next to the IED they are planning to blow and they hit the trigger anyway. My absolute favorite is when they knowingly put a military offensive weapon in a school yard, or hospital, so that we won’t attack, yet they could give a shit about those same people that they hide amongst.
As for these f-ing cowards…..Obviously you have never read much of what is said here, otherwise you would already know my feelings on them.
Ok, I just have to get my 2 cents in here now, I think that this site is very imformative and I have seen both sides defended and represented on here. I do know James Branum and I do know alot of his clients. I will say this, the proof is in the pudding and if you look at the pudding that he makes, well quite frankly it looks like a pile of shit, sorry just being honest, getting you clients the max sentence is the first indicator, the second is when you facilitate the belief that you can run from your problems and then push the hidden agenda forward at the cost of our soldiers, I was in Iraq, I hate killing and had to do quite a bit of it to stay alive, and I think that was the best question ever, what do peace activist do when there is no war? you know activist are the people who push their own agenda at the cost of hurting people, advocates help the hurting people get better and move forward.
@Old Trooper: Yes, I’ve been “front and center” during all the wars and conflicts…I hope you do know that Clinton was bombing Iraq and other places. I guess that all got lost in the Monica Blow Job stories.
Being for peace isn’t just all about being against war. It’s about peace and justice in every aspect of our lives. Belittle if you want. I am an activist who ADVOCATES training and counseling in many areas including veterans issues. More than 160,000 servicemen/women have committed suicide since the Vietnam war and less than 59,000 died in the war. So, there is a lot of work to be done when wars are not raging.
@John: I meant no moral authority nor special insight. I also said I did not know Branum so how can I defend him. Did not intentionally skip the suicide nor afraid to face it.
I came on here to ask a question about Branum and why you thought military-speak or corporate-speak was proof. To me it is not…
Your comments really show how the title of your blog is accurate…. as least as long as someone is here on your blog.
The example you set, with frankly vicious attacks on an attorney, is downright hellish.
Maybe a better name for this rag should be “This ain’t Hell, but we’re on our way.”
I would love to hear a defense of Branum’s ability to get the worst possible sentences. Also not to mention the fact that he has a utter lack of how the UCMJ system works.
But to really top it off is how he things that his clients should be pardoned for going AWOL.
Tony Anderson doesn’t deserve jail. What he deserves is a Presidential pardon and an apology from the Army for? the injustice that has occurred.
The last comment was from me.
“The example you set, with frankly vicious attacks on an attorney, is downright hellish.”
Hyperbole, table of one, your table is now ready.
You know what is hellish? Hell. “Vicious attacks on an attorney” are….what do you call it….yeah, what they deserve when they use their clients for a message instead of helping them.
What Guard are you in? And where have you deployed? Hell is getting shish-kabobs from Tango 25 and then having dyssentary. Goofing on an attorney is nigh on an olympic sport.
The thing that is truly hellish is when Branum’s clients finally realize that they were bamboozled by their “activist” friends (who will slowly disappear into the night), as well as their “activist” “attorney” into receiving the harshest sentences possible when nearly every other case like theirs results in some sort of lesser administrative or light criminal punishment.
But if we can’t engage in calling out a lawyer, I suggest some members of this blog actually file a truthful complaint with Branum’s bar association for all the ethical violations. The suspension of his license will be hellish for him much more than a blog.
Yeah but Bob they won’t do that because they don’t have anything …they are all talk with no facts. But hey it’s finally something that gives them a feeling of adequacy they are lacking in their private lives.
It’s usually the guy who’s inadequate who finds inadequacy in others. It’s called projection, and the liberals are masters at it. Is that you, thisplace? Sure sounds like it. “They, they, they, them, and they”? All of that in two sentences? Project much? I gather from your post that you’re one of Branum’s fans? Must be he never represented you, if that’s the case. Don’t get him to represent you in traffic court, you’ll end up doing a year on a civil infraction. And that’s impossible to do.
Thank you for taking down the nasty posts, but I will not apology for my reply. The lack of compassion that was shown toward them was brutal. What was he suppose to do? Let his kids live in a van while his Captain and Company refused to let him leave to get them? Or let them live in the barracks room with him and to take them to work??????? Was it not justified that he left to take care of his kids??? REALLY?!? The Army did it by the book??? If that is how our military is, then to hell with them. And why is it that you guys hate Branum so much? WHAT DID HE DO SO WRONG?!?!? I just don’t understand how you people can be so quick to judge someone , especially when the most of you probably don’t even know him and I know for sure you guys don’t know Travis or Leo personally. So please, help me to understand.. Is this really how the military is? And what is it that you hate about James Branum so much? That’s all I want to know.
“Let his kids live in a van while his Captain and Company refused to let him leave to get them?”
I do not believe that this was the whole story. Because all it would take is for them to simply go to a military base and show proof that they are married to a solider and not being taken care of to start the ball rolling. But If you are not officially married the Military views you as single. But like anything going AWOL will only make it worse. I have seen a example of this to make me question his entire story.
Travis abandoned his unit on the day they left. That says enough right there.
Mary, I didn’t take down anything. That’s not how I work.
If you really want to know why we dislike James Branum, and you don’t want to read the comments in this thread that cover it pretty well, you can use this blog’s search function and read the whole history of our dislike of Branum.
Unless of course, you asked the question rhetorically and never expected an answer or would believe anything we told you anyway.
Mary, I have been in direct contact with James Branum and have been in communication. From these interactions, my personal and professional impression was that he did not understand the military culture. Worse, he only seemed to have a cursory knowledge of the broader UCMJ and only demonstrated a minimal or even incorrect grasp of the finer details of the process. Since the devil is often in the details, this is a problem. In other words, there were a lot of things he did not know and, still worse, refused to learn or accept professional advice from one colleague to another. I have encountered way too many bad attorneys in my time and none of what I stated above is entirely unique to Branum. But what was unique was the way he was interacting with his clients in the capacity as an attorney. Apart from some of the obvious, many of this is something that perhaps only a practicing attorney would pick up on, but the things I did pick up on would go beyond a mere censure and definitely get my law license suspended if I were to engage in the same activity. Other items I directly learned he was doing would get me disbarred as clear breaches of professional responsibility requirements. So I’m not judging Branum as that is not my place, and I certainly don’t hate him either. But I do base my impressions on direct contact and knowledge. RE: Travis and Leo… As someone who deals with all types of clients on a daily basis, I can say with some confidence that I learned very early on to never just accept the word of my clients as gospel. That ultimately only helps the opposing side. And that isn’t a knock on my clients… Some lie (I eventually get them to come around), some stretch the truth, others are completely truthful, some leave certain facts out of the story, some explain based on their own perceptions so think they are being truthful, some say what they want to believe, etc. And I’ll qualify that the majority of… Read more »
Pretty much what my lawyer said too.
Okay, look. I know NOTHING about Branum, he came to us. He has been sincere and compassionate to us, so I don’t know where you get off saying that he isn’t. Can I stand up for him as a lawyer, no. But, he did NOT handle Leo Church’s case, we hired someone else to handle that. (And from the sounds of it, maybe it was a good idea?) I only came to really argue for Leo, because I do know him personally and YES he had to go get his family. No, him and the mother were not married, but those are still legally his kids (if moral doesn’t stand for anything anymore) and NO his Captain at the time nor his company was willing to help him. They didn’t want him to leave to get his kids and the captain didn’t want to help get what he needed expedited. He really didn’t have much of a choice since they were just to lazy to do it. I don’t know about any other company other then the one that Leo was in, so I am NOT speaking about anyone outside of that. Maybe other company’s and Captains actually care about their position, but in Leo’s company they didn’t care then and don’t care about their soldiers now. To be totally honest with you, the Captain there now doesn’t even know about the company he is leading. He got his position because he went over seas, finished his contract, and wanted more. So please, before you run your fingers about how the Army did everything by the book and that who knows if Leo actually left to take care of his kids.. Please remember, that you don’t know cause you weren’t there. But, I was.
Oh yea. And YES! I wanted an answer to the question and Branum.
Cat: Come on, what’s with the question about Clinton and if I knew he was bombing Iraq and other places? What, do you think I just fell out of the tree yesterday?? Other than Bosnia, Kosovo, and a couple of quick bombings of Iraq, what was there, as you allude to?
As for the amount of Veterans that have committed suicide, yeah, I’m well aware of that. I see those guys every week.
Can you please explain what you mean by “justice”? I know what it’s used for in the xanadu world of the “peace” movement, but I want your take on what “justice” actually means to you.
I have been around the “peace” movement a lot over my life, starting with seeing what they did during Vietnam with my own 2 eyes.
I have to agree with the negative,but true comments about Branum’s legal competancy. I will give him credit that he has a certain level of concern for the client,but unfortunately for a practioner of the law that is not enough. In my personal experience this person is incompetant in military law, especially in complicated cases. Furthermore, it appears that he gets very nervous almost near anxiety when it comes time to “perform” in a formal courtroom settings. It is surprising to me that he has not had any reprimends or revocations to his law license or worse. I urge any service member who is considering using Branum as their attorney to research other counsel and not to be allured by his low fees. Cheap pricing is not always a good thing.
Care to let us know who you are? Or at least in a private e-mail let us know who you are?
I’ll immediately grab your rss feed as I can not find your email subscription link or newsletter service. Do you have any? Please permit me recognize in order that I could subscribe. Thanks.
So far everything I have read is true. I worked there for 3 years.