Homecoming for One of Our Local Soldiers

CHIEF JUDGE OF THE ARMY COURT PUBLICLY MISSTATES THE FINDINGS
On March 15, 2018, the Chief Judge of the Army Court, who is also the Commander of the
U.S. Army Legal Services Agency, Brigadier General Joseph B. Berger III, appeared in uniform
at the Center for Strategic and International Studies (CSIS), a respected Washington, D.C.

The sitting Chief Judge made public comments about Lorance as a “bad apple” who wanted
to fight the war his own way, and likened Lorance to First Lieutenant William Calley of the My
Lai Massacre, (Calley, unlike Lorance, actually fired his rifle and he and his unit killed over 200
women, children, and elderly villagers). Id. The Chief Judge echoed the Army Court’s suggestion
that Lorance changed the ROE to fire on motorcycles on site, even though the jury found Lorance
not guilty of that offense. Id. Specifically, the Chief Judge wrongly informed the audience the
following:
Clint Lorance was a very aggressive Lieutenant, who had his own
ideas about how the war in Afghanistan should be being fought.
Those ideas were not in align with the rules of engagement. And
that’s the fundamental fact that starts us off the trail here. And off
the rails. Lorance gives his Soldiers guidance that is not in
accordance with the ROE. Motorcycles are allowed to be engaged
on sight - that’s the guidance given. Not a lawful order, but his
Soldiers don’t necessarily know that, because a change to the ROE
would logically come through the chain of command.