CONGRESS DEMANDS DOD INVESTIGATE WHISTLEBLOWER REPRISALS
CHAPLAIN REPRISALS, PROBABLE-CAUSE, AND DOCUMENT “COVER-UP”:
1) 30 Sep 05: Chaplain Klingenschmitt requests by FOIA all records (relating to himself) on the government computers of Chief of Navy Chaplains Rear Admiral Iasiello. Despite federal law requiring Chaplain Iasiello provide all documents within 10 days (and reminders sent by our command), no response has ever been sent,not even today
18 May 06, eight months later.
2) 15 Dec 05, 16 Dec 05, and 29 Dec 05: Chaplain Klingenschmitt writes official military correspondence to the President via his chain of command. All three letters are eventually rejected by members of his chain of command who refuse to forward his official requests to the President. Chap K. re-forwards 3 Feb 06 (to CNO) and 15 May 06 (to SECNAV and DoD IG).
3) 15 Dec 05: Rear Admiral Nowakowski rules on Chaplain Klingenschmitt’s complaint against Chaplain Gragg, concerning how Chaplain Gragg persuaded Captain Carr to punish Chap K. for his sermons, and how Chaplain Gragg lied under oath 30+ times during the investigation, denying any involvement, despite email proof otherwise, and forwards to SECNAV for final decision (still waiting as of 18 May).
4) 27 and 29 Dec 05: Chaplain Holcomb threatens reprisals,including his promiseto ensure Captain Pyle punishes Chaplain Klingenschmitt with a bad evaluationbecause he wrote to the President via his chain of command, and contested unlawful orders forbidding him to pray publicly in uniform. Chaplain K. complains to XO Captain Bill Crow, who conducts internal inquiry and counsels Chaplain Holcomb.
5) 6 Jan 06: Captain Bill Crow gives Chaplain K. written permission to wear his uniform in front of the White House, provided he only says prayers. Chaplain K. ends hunger strike the next day, praying in uniform at White House.
6) 11 Jan 06: Rear Admiral Ruehe (CNRMA) rules on Chaplain Klingenschmitt’s complaint against Captain Carr of USS ANZIO, concerning how Captain Carr punished Chap K. for quoting the Bible in the chapel during optionally-attended worship, and forwards to SECNAV for final decision (still waiting as of 18 May).
7) 24 Jan 06: Chaplain Klingenschmitt requests by FOIA all records (including deleted records) relating to himself, on the government computers of Rear Admiral Ruehe, Rear Admiral Nowakowski,(and their JAG investigators), Captain Pyle, Captain Bill Crow, Chaplain Holcomb, and others. STILL NO DOCUMENTS PROVIDED as of 18 May.
8) 2 Feb 06: Captain Bill Crow promises to protect Chaplain Klingenschmitt from any future reprisals, if Chap K. will help “put this back in its box.” Chaplain Klingenschmitt agrees to close the “internal inquiry” and postpones any complaint to DoD IG.
9) 3 Feb 06: Despite Captain Crow’s promise, Captain Pyle signs poor fitness report, without prior warning or written counseling, now enforcing Chaplain Holcomb’s threat of reprisal (and admitting he relied primarily on Chaplain Holcomb’s advice),directly punishing Chaplain Klingenschmitt for writing to the President and reporting to Congress (and the press) violations of law by senior Navy officials. SMOKING GUN REPRISAL.
10) 2 Feb and 23 Feb 06: Captain Ed White (CNRMA Staff Judge Advocate protecting Rear Admiral Ruehe) first emails Chaplain Klingenschmitt refusing his FOIA request unless the Chaplain pays $47,520, and later states his intention to consider the request abandoned.
11) 8 Feb and 27 Feb 06: Chaplain Klingenschmitt first asks Congressman Reynolds to intervene and obtain the documents without paying $47,520, and later emails CNRMA Captain White, saying “Very respectfully, please do not consider my FOIA request abandoned until I consent to that. I've re-routed my request to the proper department, and you should be hearing from them soon.”
12) 16 Feb 06: Congressman Tom Reynolds requests all records relating to Chaplain Klingenschmitt on the government computers of Rear Admirals Ruehe, Nowakowski, Captain Pyle, Captain Bill Crow, Chaplain Holcomb, and others.
13) 9 Mar 06: Captain Ed White formally abandons Chaplain Klingenschmitt’s FOIA request, overruling the chaplain’s request, and ignoring the Congressional inquiry.
14) 23 Mar 06: Chaplain Klingenschmitt’s whistleblower complaint against SECNAV Donald C. Winter and Chaplain Iasiello appears on front page of Washington Times, complaining of their new 21 Feb 06 policy that bans Christian prayers outside a chapel setting.
15) 27 Mar 06: Chap K. speaks at “War On Christians” conference wearing civilian clothes. Chaplain Holcomb had directed him not to wear uniform, citing verbal guidance from Chief of Navy Chaplains RADM Iasiello, and CHINFO RADM McCreary.
16) 29 Mar 06: Chaplain Holcomb verbally reminds Chap K. not to wear uniform next day at White House. But later that night, Chap K. re-reads 6 Jan 06 written permission from XO to wear uniform at White House, if he say only prayers. He takes XO’s written authority as higher than Chaplain Holcomb’s verbal authority, and plans only to pray.
17) 30 Mar 06: Chaplain Klingenschmitt prays in uniform outside White House (again, just like 7 Jan 06)allowing Chief Justice Roy Moore to appeal to the President on his behalf. Representatives from Chaplain Iasiello’s staff are present outside White House to report their findings back to Chief of Navy Chaplains.
18) 31 Mar 06: Chaplain Holcomb threatens court-martial because Chaplain K. wore his uniform, despite XO Captain Crow’s prior written permission to wear uniform when praying. Chap Holcomb later admits being pressured by Chief of Chaplains.
19) 4 Apr 06: Chaplain Klingenschmitt meets with Captain Crow and Chaplain Holcomb, to request official disavowal of any court-martial threat, and rescind 3 Feb 06 evaluation (reprisal) which punished Chaplain for writing the President. Captain Crow promises the court-martial remark was “just a bad joke...you have my word...” but cannot persuade Captain Pyle to rescind the evaluation,nor disavow court-martial threat in writing.
20) 4 Apr 06: Chaplain Klingenschmitt files a complaint with DoD Inspector General of 25 reprisals against a whistleblower, suffered at the hands of Chaplain Holcomb and Captain Pyle, with probably approval by Rear Admiral Ruehe, Rear Admiral Iasiello, and Rear Admiral McCreary. Chaplain Holcomb admitted frequently these three Admirals were providing input on “how to handle” Chaplain Klingenschmitt.
21) Mid April 06: Congressman Reynolds reminds Congressional Liaison office of his 16 Feb 06 request for documents, but they claim they lost the Congressman’s request, and promise all records will be collected and provided “within 5 days.” (Documents are still not provided today.)
22) 28 Apr 06: Despite Captain Crow’s promise, Chaplain Klingenschmitt is read his rights, assigned a lawyer, and threatened (in writing by Captain Pyle) with court-martial (if he refuses Captain’s Mast and a letter of reprimand), Captain Pyle now fully enforcing Chaplain Holcomb’s threat of reprisal for wearing the uniform while appealing to the President at the White House. Within hours, news outlets are calling Chaplain K., already informed by CHINFO Rear Admiral McCreary’s office of pending punishment. (This shows probable-cause that Captain Pyle coordinated with RADM McCreary that same day...he approved.. and Chaplains never go to Captain’s Mast unless Chief of Chaplains approves too...more probable-cause).
23) 2-5May 06: Chaplain Klingenschmitt refuses Mast and LOR, demands court-martial, files complaint of reprisals and religious harassment to Congress and DoD IG, and writes Rear Admiral Ruehe requesting Mast with 3-star Admiral at CNI.
Captain Pyle is forced to recuse himself, and Rear Admiral Ruehe takes over both complaints (Pyle against Klingenschmitt, and Klingenschmitt against Pyle/Holcomb).
24) 8 May 06: Well past their 5-day promise, Congressional liaison provides NO documents (after 3 months of stalling), but instead informs Congressman Reynolds that his request for documents has been entirely canceled by CNRMA (Rear Admiral Ruehe and Captain White) who falsely claim Chaplain Klingenschmitt “never responded” to their demand for $47,520.
25) 12 May 06 ? : Chaplain Holcomb shouts through his open office door, “They’re not letting me retire, they’re making me stay here another year, and the Chief’s office [Chief of Chaplains] is telling me if I don’t get these crazy people under control, it’s the beginning of the end of the Chaplain Corps.” (This corresponds to Chaplain Iasiello’s
9 May 06 letter to Congress, complaining that if we let chaplains pray according to their conscience, it’ll “greatly diminish” the chaplain corps, read PDF file here):
26) 17 May 06: Chaplain Klingenschmitt provides Congressman Reynolds email proof CNRMA (Rear Admiral Ruehe and CAPT White) is lying to Congress, since they read/responded to Chap K.’s 27 Feb 06 email, yet told Congress he’d “never responded.”
27) 18 May 06: Congressman Reynolds demands DoD Inspector General investigation of 26 reprisals against a whistleblower, and seizure of all records relating to Chaplain Klingenschmitt on the government computers of Rear Admirals Ruehe, Iasiello, McCreary, Nowakowski, and Captains Pyle, Crow, Holcomb, and others.
28) 19 May 06: Not yet realizing he’s being investigated by Congress and DoD IG, CNRMA Rear Admiral Ruehe totally ignores Chaplain Klingenschmitt’s complaint of 26 felony reprisals and religious harassment by Captain Pyle and Chaplain Holcomb, and instead enforces Captain Pyle’s complaint to send Chaplain Klingenschmitt to court-martial because he prayed in uniform outside the White House, with written permission.
-----Original Message-----
From: Klingenschmitt, Gordon James LT Norfolk Chapel
Sent: Wednesday, May 17, 2006 13:32
To: ''; ''
Subject: Proof CNRMA is lying and stonewalling Congressman Reynolds (about Chaplain Klingenschmitt)
Sarah,
Below are two emails (from me to CNRMA 27 Feb 06, and CNRMAto me 2 Mar 06), proving CNRMA is now lying (and stonewalling) by claiming Chaplain Klingenschmitt "never responded" to their threats to abandon my FOIA request. I responded, and they read it. They know better.
And after Congressman Reynolds himself requested the SAME documents in February, they still today refuse to provide documents?
THIS IS A COVER-UP. REQUEST YOU HAMMER THEM FOR DOCUMENTS, AND PUT OUT A PRESS RELEASE ABOUT THEIR STONEWALLING.
Meanwhile they're collecting evidence against me, shredding emails and documents that incriminate them, preparing to send me to court-martial, calling the Washington Post to discredit me, and lying to Congress "we don't have any documents to show you..."
THREE ADMIRALS (REAR ADMIRALS IASIELLO, RUEHE, AND MCCREARY) ARE ALL WORKING TOGETHER ON THIS.
I've requested DOD IG investigate them, but so far DOD IG only wants to investigate the two lower ranking Captains, not the THREE ADMIRALS HIDING THEIR DOCUMENTS FROM CONGRESS.
Please read my latest faxed letter to you again...please call for DoD IG investigation of these three Admirals...please seize their documents immediately (before they shred more and lie more), and please put out a press release complaining about their B.S.
Chaplain Klingenschmitt
719-360-5132 cell
-----Original Message-----
From: White, Edward S. CAPT CNRMA SJA
Sent: Thursday, March 02, 2006 13:00
To: Klingenschmitt, Gordon James LT Norfolk Chapel
Subject: RE: FOIA Request to NAVSTA Norfolk et al.
LT Klingenschmitt,
There was nothing magic about the 1 March date in my earlier email to you, so I have decided to allow you additional time, as you requested below, to perfect your request (though nothing in your email below suggest that you have any intention of perfecting your request). For administrative reasons, I cannot allow an uperfected request to remain pending indefinitely. This is especially true where the defect in the request is relatively easy to correct and the only apparent reason the defect has not yet been corrected is your simple refusal to do so. Accordingly, if you have not perfected your request by close of business Wednesday, 8 March 2006, I will consider you to have abandoned that request by your inaction to perfect it.
If you have submitted another, proper FOIA request to a different command or organization, that is a separate matter that will be handled on its own merits by that command or organization, and really has no bearing on the handling of the requestto Region MIDLANT, Naval Station and SURFLANT that is now pending your statement of a willingness to pay applicable fees.
This should not be difficult. You simply need to state that you are willing to pay applicable fees. If you are concerned about making an open ended commitment, it is acceptable to state your willingness to pay all applicable fees up to a stated sum certain. You already said you were willing to pay a "nominal fee" for copying and mailing. All I need is for you to put a figure on what you think is nominal, and acknowledge that you'll be pay fees, up to that stated amount, for search time as well as copying (as I previously told you, we don't charge for mailing). Once we resolve this fee issue, we can then address the question of what official should serve as the person responsible for making release determinations.
vr,
Edward S. White
CAPT, JAGC, USN
Staff Judge Advocate / Legal Program Director
Commander, Navy Region Mid-Atlantic
1510 Gilbert Street, Norfolk, VA 23511-2737
Tel: (757) 322-2934 / DSN 262-2934
Fax: (757) 444-5445 / DSN 564-5445
Email:
-----Original Message-----
From: Klingenschmitt, Gordon James LT Norfolk Chapel
Sent: Monday, February 27, 2006 10:36
To: White, Edward S. CAPT CNRMA SJA
Subject: RE: FOIA Request to NAVSTA Norfolk et al.
CAPT White,
Thank you sir, for staying in touch about my FOIA request.
Very respectfully, please do not consider my FOIA request abandoned until I consent to that.
I've re-routed my request to the proper department, and you should be hearing from them soon.
Very respectfully,
Chaplain Klingenschmitt
-----Original Message-----
From: White, Edward S. CAPT CNRMA SJA
Sent: Thursday, February 23, 2006 10:28
To: Klingenschmitt, Gordon James LT Norfolk Chapel
Subject: FW: FOIA Request to NAVSTA Norfolk et al.
LT Klingenschmitt,
It has been about three weeks since my email to you (below) concerning your willingness to pay fees associated with your FOIA request to Naval Station Norfolk, COMNAVREG MIDLANT and COMNAVSURFLANT, and I have not received any response from you. As I previously explained, your request is not considered "perfected" until it meets the requirements of SECNAVINST 5720.42F, which includes a requirement that the requestor express a willingness to pay all applicable fees, or all applicable fees up to a stated sum certain. At this point, your request is defective in that it does not state a willingness to pay all applicable fees. Once you rectify this defect, we can move forward with the processing of your request. We are standing by to move forward on your request once we receive the necessary assurances from you. If we do not receive such assurances from you by 1 March 2006, a week from today, we shall consider your request abandoned.
vr, Edward S. White
CAPT, JAGC, USN
Staff Judge Advocate / Legal Program Director
Commander, Navy Region Mid-Atlantic
1510 Gilbert Street, Norfolk, VA 23511-2737
Tel: (757) 322-2934 / DSN 262-2934
Fax: (757) 444-5445 / DSN 564-5445
Email:
-----Original Message-----
From: Klingenschmitt, Gordon James LT Norfolk Chapel
Sent: Friday, February 03, 2006 9:41
To: White, Edward S. CAPT CNRMA SJA
Subject: RE: FOIA Request to NAVSTA Norfolk et al.
CAPT White,
Thank youforthe information sir, and for taking time to research and provide preliminary estimates for my FOIA request. However, my letter toMs. McLiverty specifiedthat sheforward myrequestto her FOIA counterparts above RDML Ruehe, and above RADM Nowakowski for processing. With respect for your position, I note that you work below RADM Ruehe, and may not be assigned to the proper office tonegotiate these details with me. Respectfully request the contact data for the FOIA offices above the two senior officers,to whom my request should've been forwarded by now, so I can negotiate the detailsof my request with the properoffices.
Additionally, CAPT Weimer yesterday informed me of your possible intention to "readdress and return" my 15 Dec 05 letter to the President, in which letter I requestto meet with him and request he sign an executive order for chaplains to pray according to their faith. US Navy Regulations 1152 and 1156 require prompt forwarding of such official letters, but now after more than 45 days, I'm concerned my rights may be disregarded,including my right to appeal to the President "in my official capacity as a Navy Chaplain, on-duty, in uniform, via my chain of command" as my letter stated, and as I will insist again today.Respectfully request prompt forwarding of my 15 Dec 05 letter to the President, via our mutual chain of command.
[FOUO portion deleted]
Very respectfully,
Chaplain Klingenschmitt
"I will support and defend the Constitution of the United States against all enemies, foreign and domestic..."
-----Original Message-----
From: White, Edward S. CAPT CNRMA SJA
Sent: Thursday, February 02, 2006 22:36
To: Klingenschmitt, Gordon James LT Norfolk Chapel
Subject: FOIA Request to NAVSTA Norfolk et al.
LT Klingenschmitt,
Please forgive the informality of an email, but in the interest of expediting our action on your FOIA request I did not want to wait for a normal written letter to be sent and received. This email concerns your request for materials related to you held by RADM Ruehe, RADM Nowakowski, CAPT White, CAPT Battin, CAPT Heckelman, CAPT Pyle, CAPT Crow, CAPT Holcomb and CDR Lauterbach.
Before work can begin on actually processing your request, we must clarify a couple of matters related to fees. In your letter, you agreed to pay a "nominal" amount for copying and mailing. Under the FOIA and the Navy's implementing instruction (SECNAVINST 5720.42F), you are categorized, for fee calculation purposes, as an "All Others" requestor. Requestors such as yourself may be assessed fees for search time and duplication. We do not charge for mailing. "All Other" requesters receive two hours of search time and 100 pages of duplication without charge. Thereafter, if the total charge is under $15, the fee is waived. Before we can begin processing your request, you must indicate your willingness to pay all assessable fees, or fees up to some stated amount. At this point, I can only give you the most preliminary estimate of what it might cost to process your request. While this is only a preliminary, rough estimate, at this time I would expect total fees in your case might be in the neighborhood of $150 to $200 dollars (not counting any search for deleted electronic data, which is addressed further below).