Factually Impossible

The unsigned official charges against me alleged that I had falsified a muster report the evening AFTER the start of Christmas leave - a factual impossibility since the Brigade of Midshipmen was on Christmas leave at the time of the alleged offense. Compare the official events calendar (PDF file) with the unsigned statement of charges from Superintendent Kauffman and Commandant Kinney.

The Academy has an incredible record keeping system and it was possible to get extensive information dating back to 1965-6 with FOIAs until the Academy realized it had a serious problem - then it shut down. Recognizing on appeal that the allegations in the original unsigned memos from the Superintendent and Commandant were factually impossible, the Academy changed the date on appeal to another date that was also factually impossible and then blocked the FOIAs requests for the release of the policy on liberty for the new date claiming that all such records regarding liberty were destroyed after 2 years.

The policy on liberty for the night before the start of Christmas leave was a life or death issue in that Christmas marked a milestone that had been enthusiastically celebrated in prior years reportedly resulting in the deaths of several midshipmen driving long distances with hangovers and little sleep. In short, you could get the menu for desert 25 years after the fact but you could not satisfy an FOIA request for a policy dealing with life and death issues (PDF file).

I also note that the Federal District Court refused to enforce a requested FOIA for the requested FOIA documents.