SUBJECT: Request for Recusal of Staff Judge Advocate, United States v. SGT JohnRussell
8. At approximately 1530 hours, 28 March 2012, COL Kurt A. Didier walked intoLTC Vandeveld’s office, accompanied by Mr. Earnest L. Lockett, a federal civilianemployee who manages the automation systems for as part of the G-6, I CorpsHeadquarters. Notwithstanding that LTC Vandeveld had numerous files openrelating to the case of U.S. v. SGT John Russell, COL Didier entered LTC Vandeveld’s office without knocking or announcing himself. COL Didier, appearingvisibly angry, stated:Darrel, you can have the SDC and the RDC in here if you like, but I'm givingyou a simple choice: the puzzling language you used in your message thismorning must be corrected. I never received your messages. Your choice isthis: either you send out an e-mail to the recipients of the message correctingthe language and stating that I did not receive the messages, or I will.9. COL Didier repeated the phrase "or I will" several times, giving it an ominousdimension clearly intended as a threat. LTC Vandeveld, remaining calm, replied byasking, "You're really taking this personally, aren't you?" COL Didier flatly andangrily replied, "Yes, I am. You are implying that I failed to act on submissions in atimely fashion. So you send out the message or I will."10. At that point LTC Vandeveld replied that he had been trying to determine theexact path that his e-mail messages had taken when they were individuallyforwarded to COL Didier. LTC Vandeveld then sat down at his computer, pulled upthe first e-mail message of 21 February 2012, and right-clicked on COL Didier'sabbreviated global name. When the Outlook dialogue box appeared, LTC Vandeveld clicked on "properties," which showed the exact e-mail addressassociated with the COL Didier’s name on the global contact list. The "Properties"entry showed that COL Didier had used his AKO address,firstname.lastname@example.org,as the address for messages sent or received by his I Corps Outlook profile, througha process known as "Simple Mail Transfer Protocol," or SMTP. At this point LTC Vandeveld looked at COL Didier and asked, “Sir, do you receive your AKO e-mail inyour local inbox?” COL Didier replied that he did.11. Mr. Lockett, appearing clearly uncomfortable, simply explained the differencebetween e-mail transmitted on an MS Exchange Server, which is what I Corps andthe Army uses, and which facilitates the direct transmission of messages, and theSMTP, which facilitates the transfer of messages. LTC Vandeveld then suggestedthat he send a test message using the address he had for COL Didier, to COLDidier’s e-mail in the same manner that he had earlier forwarded the defenserequests concerning SGT John Russell. LTC Vandeveld subsequently sent COLDidier a test e-mail. Mr. Lockett suggested that LTC Vandeveld send a 2d test e-mail, and LTC Vandeveld complied.