It is a tragic irony that the brave men and women of the United States Armed Forces, who frequently sacrifice their lives in the defense of liberty and the United States Constitution, sometimes fall victim to the corruption embodied in the phrase, “rules for thee but not for me.”
Such was the case with Sgt. Derrick Miller in 2010, a U.S. Army National Guardsman on his third tour of duty. During a mission inside Taliban-controlled territory in Afghanistan, he questioned an Afghan local suspected of spying on their operations. The man tried to seize the sergeant’s gun, and in the scuffle, Miller was forced to shoot and kill him in self-defense.
Miller’s platoon leader, Sgt. 1st. Class Jason Tinelle, stated that Miller’s quick actions prevented a “mass casualty situation” by alerting the troops in advance to an attack that happened shortly afterward. However, what could have viewed as a straightforward incident was marred by expediency and, ultimately, Miller believes, by corruption.
Because of what Miller believes was a miscarriage of justice, he was convicted of premeditated murder and sentenced to life in prison.
His case got the attention of the nonprofit United American Patriots (UAP). Founded by retired Marine Corps Major Bill Donahue, UAP works to aid military personnel who they believe have been wrongfully convicted of war crimes. When congressman Louie Gohmert and the late congressman Elijah Cummings, with a letter from the entire Congressional Black Caucus, interceded on the sergeant’s behalf, Miller was finally granted parole in May of 2019, after nine years in Leavenworth prison.
Miller’s parole was celebrated at an event sponsored by UAP on June 4, 2019. Nine members of Congress, both Republican and Democrat, welcomed Miller home. The late Democratic congressman from Maryland, Elijah Cummings, spoke in his support.
At the event, Gohmert and then-congressman Duncan Hunter asked Miller to help them create the Congressional Justice for Warriors Caucus (CJWC). He was appointed as the military advisor to Gohmert and the executive director of a new project: an official House of Representatives Caucus, funded by dues from participating members of Congress.
It’s a small caucus, at this point, with a staff of two: Miller and his co-worker, Lauren McLaughlin. Together, they work to assist military personnel who are not being represented properly. They also work with members of Congress to change some of the laws that are the foundation of the Uniform Code of Military Justice (UCMJ). The Uniform Code of Military Justice is, like any other set of laws, something that can be altered, and Congress is the legislative body that has the power to improve it.
Miller believes that many members of Congress, and the public at large, are unaware of the flaws in the Uniform Code—flaws that are connected to the culture of the military. In order to function properly, especially in combat, the military must operate as a top-down machine. It’s a time-tested, logical, and effective approach to the often messy business of defending the nation and the U.S. Constitution.
The American founders knew that the potential corruption of leaders required checks and balances. Yet, as Miller stated: “Congress has given latitude to the military to police itself.” A fundamental problem with that process stems from what makes the military so successful in battle: at every level of rank, soldiers are taught to obey without question. “Over the years,” Miller said, “we’ve dealt with so many cases, whether it’s combat or not, where your commander or the people above you—before the investigation is completed or even conducted—come to an assumption of what took place. And that drives the entire investigation moving forward.” He added that, “subordinates are rated, receive promotions, and receive accolades for accomplishing the duties that their superiors divvy out to them. That system doesn’t give a lot of latitude for autonomy.”
Thus, prosecutors and defense attorneys in a military trial operate with an inherent conflict of interest and what has become a two-tier military justice system. Miller said: “I don’t think the military system is inherently evil, but there are people in positions of power—if they choose to pull those levers—it is very easy for them to turn the full force and the power of the military against an individual service member.”
