Army judge rules E-4 mafia has immunity for official acts

FORT CAVAZOS, Texas — No one in the military knows if the so-called “E-4 Mafia” really exists. But if it does, an Army Judge Advocate colonel could be the first counselor after the group was declared immune from prosecution.

Part

The term “E-4 mafia” refers to what many see as an informal coalition of junior soldiers in the rank of E-4/Specialist who control activities without official authority, often to the chagrin of higher-ups. Asked if such a mafia exists in his company, Capt. Justin Greaver of the 2nd Cavalry Division said, “Probably not, but my driver, Spc. Sanchez, always tells me not to worry about it, and that’s good enough for me.”

Now the military may share that lack of concern. Col. Alina Habina, chief judge for the Third Judicial Circuit, has reviewed dozens of cases in which E-4s were punished for violations such as manipulating duty schedules to avoid work, providing unauthorized legal advice, nominating friends for lucrative assignments or approving policies while officers binge-watched Emily in ParisHabina said she could have spent that time prosecuting assassinations or attacks, but strengthening E-4s fits a personal agenda she calls “Specialists First!”

The investigation led to Habina’s revelation that the prosecuted E-4s “only cared about the integrity of the units’ missions,” their lust for power, their own rules and avoidance of accountability contributed to mission accomplishment.

“By helping themselves, they helped the whole unit. I know, weird huh?” she said. In doing so, Habina ruled that the E-4 Mafia deserves immunity for official acts. “This is in the established legal doctrine of ‘it’s not a crime if you had a good reason to do it.’

Critics argue that it is not well-established legal doctrine and that the ruling upends a military tradition dating back to the American Revolution.

Habina disagreed. “General Washington needed troops who didn’t believe all that ‘put your country first’ nonsense from mainstream media libs like Benjamin Franklin and Thomas Paine,” she said, “a ‘specialists first’ E-4 mafia could have fed the army into Valley Forge and negotiated a peace deal in a day.”

Military law experts and historians noted that General Washington routinely ordered soldiers to be flogged if they put their own interests first.

In any case, Habina stressed that her ruling only applied when E-4s were acting in an official capacity. “Yes, that covers a lot,” she admitted, “maybe everything, but whatever.”

Habina defined unofficial behavior as actions clearly outside of normal military authority, such as in foreign countries that the U.S. does not recognize, on the 366th day of a leap year, or in another physical dimension.

“Otherwise,” she said, “what’s good for the E-4 mafia is also good for the military, so specialists first!”

If Staff Judge Advocates in the military need help interpreting the difference between official and unofficial behavior, Habina recommends consulting with her paralegal, Spc. Rudolpho Gialini, who helped draft the ruling but certainly did not write the entire thing.