From NBC's Jim Miklaszewski
The Commanding General of U.S. military forces in Northern Iraq has issued new orders banning pregnancy among military forces in his command.

Army Maj. Gen. Anthony Cucolo ordered that anyone who becomes pregnant or impregnates another servicemember could face punishment up to and including possible court martial and jail time. That includes married couples who may be deployed together.

Military officials say the order was issued because Army policy requires a pregnant soldier to be removed from the war zone in Iraq withint 14 days of
learning they are pregnant ... and that removing the pregnant soldier leaves a hole in the unit that makes it more difficult to complete the mission.

Col. David Thompson, the Army Inspector General for all military forces in Iraq, calls it "a lawful order."

There are no reported cases where a pregnant woman or a baby's father has been disciplined for disobeying the order which went into effect Nov. 4, 2009.

The story was first reported today by the Army newspaper, Stars and Stripes.

From NBC's Jim Miklaszewski
U.S. and Blackwater sources tell NBC News that armed Blackwater guards did take part in CIA raids aimed at capturing or killing insurgents and terrorists in Iraq and Afghanistan, but it was not part of the CIA's contract with the
controversial private security firm. 

According to the officials, the Blackwater guards, most of them former U.S. Special Operations forces from Delta Force of the Navy Seals were contracted to provide additional armed protection for CIA operatives, but "in the heat of battle" they [Blackwater] may have actually participated in the mission itself.

One official said it was on an "as-needed basis," when the CIA or military commander of a mission felt "additional firepower" was needed to complete the mission or protect his forces.

No one we talked to would discuss specific instances in which Blackwater guards participated directly in a CIA mission.

The spokesman for Xe Services, formerly Blackwater, Mark Corallo gave us a statement which says, "Blackwater USA was never under contract to participate in covert raids with CIA or Special Operations personnel in Iraq, Afghanistan or anywhere else. Any allegation to the contrary by any news organization would be false."

NOTE: The Corallo statement does not deny that Blackwater provided protective services for CIA personnel in Iraq or Afghanistan. Officially, the CIA may issue a statement later today. Sources report it's not clear whether the battlefield actions by CIA or Blackwater personnel violated any laws, and as far as they know no one involved the operations has been subjected to disciplinary action. The CIA and Congress are still investigating the "blurring of lines" in the CIA/Blackwater contract and operations.

From NBC's Pete Williams
In the world's first criminal trial of CIA officials over the practice known as "rendition," an Italian judge today found nearly two-dozen American citizens guilty of kidnapping. The U.S. has used renditions to take suspected terrorists from one foreign country to another for questioning or to the U.S. None of the U.S. defendants were ever in the courtroom: they were tried in absentia. 

The case involved a radical Egyptian cleric, Abu Omar, who was picked up on a street in Milan in February 2003 and taken to Egypt. When he was released four years later, he claimed he was brutally tortured by the Egyptian intelligence service. Italian authorities then prosecuted the Americans and members of Italy's military intelligence service. 

Today, the judge sentenced 22 of the Americans to five years in prison. The other, a former CIA station chief in Milan, was sentenced to eight years. Three other Americans were originally charged, but the judge ruled today that they had diplomatic immunity. Because they were not in Italy during the trial, they remain free.

The trial has been a sore point in relations between the U.S. and Italy.  Despite calls from international human rights groups, the Italians have not sought the extradition of the Americans. Prosecutors there say they will try again, but that will be up to Italy's justice ministry. 

NBC's Jim Miklaszewski adds the response from the CIA:

In response to the Italian court convictions of 23 Americans in absentia for the "kidnapping" of a Muslim cleric in Milan in 2003, CIA spokesman Paul Gimigliano would only say, "The CIA has not made any comment on the allegations surrounding Abu Omar."

The Italian courts had found that the 23 Americans had broken Italy's kidnapping laws in the apparent "rendition" when they allegedly grabbed Abu Omar off the streets of Milan and flew him to Egypt where he claims he was tortured.

We are told that either State Department, the National Security Council, or both may issue a broad statement on today's convictions. 

From NBC's Jim Miklaszewski
In today's Pentagon briefing, Defense Secretary Robert Gates indicated he's prepared to drop his reluctance for a big U.S. military "footprint" in Afghanistan and may be willing to sign onto a large increase in U.S. troops. 

Gates indicated that Gen. McChrystal's new strategy which puts a larger emphasis on "protecting the Afghan people" may be a game changer. 

"It's not the size of the footprint, but the nature of the footprint" that matters, Gates said, indicating again he's willing to support a request for a sizable increase in the number of U.S. forces on the ground.

Gates also said after eight years of war (in Iraq and Afghanistan), he understands why public support for the war in Afghanistan is slipping -- but tried to remind the American people that ultimately the war in Afghaistan is about the 9/11 attack on the United States, and preventing Afghanistan from once again becoming a safe haven for terrorists.

From NBC's Jim Miklaszewski

Pentagon officials are carefully deflecting questions today about House Speaker Nancy Pelosi's flying habits on military aircraft.

The conservative watchdog group Judicial Watch has posted a series of e-mails from Pelosi staff members with stern complaints whenever the speaker does not get the specific G-5 plane she prefers. 

"This is totally unacceptable. The Speaker will want to know where the planes are," said one email.

In another, a staffer wrote, "This is not good news and we will have some very disappointed folks as well as a very upset Speaker."

Another email complained of Pelosi canceling trips at the last minute, which rack up excessive time and money in plane and food preparations.

Today, Pentagon spokesman Geoff Morrell refused to wade into those risky political waters saying only that the Pentagon and Air force "provide aircraft for a number of government officials," and that "no one has rendered judgment" that Pelosi's use of aircraft "is excessive."

After 9/11 it was decided that the Speaker of the House be provided military aircraft for travel.

The speaker's office issued the following rebuttal earlier today:

Setting the Record Straight

Speaker's Travel between Washington and the District
·         Following the attacks of 9/11, the Bush White House instituted a policy for the Speaker of the House, for security reasons, to travel on a military plane – whenever available – back and forth to their congressional district only.

Use of Aircraft
·         The availability and size of the military aircraft is determined by the Department of Defense.  Typically, when Speaker Pelosi uses military aircraft to travel between her Congressional District and Washington, the military assigns the same 12-seat aircraft used by her predecessor, Speaker Dennis Hastert of Illinois.

·         The House Sergeant at Arms asked for an aircraft that can travel between the District and Washington without refueling citing security reasons.  See statement below from Sergeant at Arms Bill Livingood dated February 8, 2007:

As the Sergeant at Arms, I have the responsibility to ensure the security of the members of the House of Representatives, to include the Speaker of the House. The Speaker requires additional precautions due to her responsibilities as the leader of the House and her Constitutional position as second in the line of succession to the presidency.

In a post 9/11 threat environment, it is reasonable and prudent to provide military aircraft to the Speaker for official travel between Washington and her district. The practice began with Speaker Hastert and I have recommended that it continue with Speaker Pelosi. The fact that Speaker Pelosi lives in California compelled me to request an aircraft that is capable of making non-stop flights for security purposes, unless such an aircraft is unavailable. This will ensure communications capabilities and also enhance security. I made the recommendation to use military aircraft based upon the need to provide necessary levels of security for ranking national leaders, such as the Speaker. I regret that an issue that is exclusively considered and decided in a security context has evolved into a political issue.

·         This myth has been thoroughly debunked and invalidated by researchers at a variety of nonpartisan organizations including Factcheck.org, a project of the Annenberg Public Policy Foundation at the University of Pennsylvania, which wrote:

·         The spread of this rumor – and its first debunking – dates back to February 2007. At that time, the speaker of the House had had access to an Air Force craft for about five and a half years. Hastert had been issued a plane after Sept. 11, 2001, for security reasons (the speaker of the House is next in line after the vice president for presidential succession).

·         When Pelosi became speaker, House Sergeant at Arms Bill Livingood, according to his own account, worried that the small craft [that Hastert used] would be unable to travel to her home district of San Francisco without stopping to refuel. Livingood, who was first elected by a Newt Gingrich-led House in 1995, asked the Air Force and the Department of Defense about getting a bigger plane.

Department of Defense makes ALL decisions about military travel
·         The Department of Defense makes all decisions concerning the use of military aircraft by Members of Congress, and the House has complied with all Department of Defense rules in this area.
·         It is a function of the Speaker's office to coordinate Congressional delegation travel and act as a liaison between the Department of Defense and Members of Congress.\
·         The Speaker is extraordinarily appreciative of the Department of Defense's efforts to accommodate requests from Congress.

Mr. TONY SNOW (White House Press Secretary): I think this is much ado about not a whole lot. It is important for the speaker to have this kind of protection in travel. It was certainly appropriate for Speaker Hastert, and so we trust that all sides will get this worked out. (National Public Radio, 2/8/07).

From NBC's Jim Miklaszewski and Courtney Kube
The Pentagon's semi-annual report on Afghanistan, which shows a sharp increase violence in Afghanistan, will be released at 1 p.m. ET today.

The report primarily covers events through Aug. 28th of 2008, but will include some update numbers through the end of the year.

Video: A suicide bomber dressed as an officer kills 21 people at a police training facility in southern Afghanistan on Monday.

Below is the most recent report from military commanders in Afghanistan obtained by NBC News nearly two weeks ago, which may be more complete than today's formal Pentagon report.

A startling new report from U.S. and NATO forces obtained by NBC NEWS shows that overall violence in Afghanistan has not only skyrocketed but the enemy attacks have become more deadly.

U.S. and coalition deaths were up 35%; Afghan civilians deaths were up by 46%.

The report, which has not been publicly released, shows that violent attacks against all targets in Afghanistan jumped 33% in 2008. IED attacks for the year not only jumped in number but also proved to be more lethal. While IED attacks were up 27% -- the number killed by the roadside bombs went even higher, up 29%. Last July alone there were more than 400 IED attacks.

The number of attacks against Afghan government targets, police, army and government facilities was up a staggering 119%. Afghan police were the most vulnerable to attack -- 60 percent of all security forces, including Americans, killed last year were Afghan police.

Kidnappings and assassinations of government officials and civilians alike were 50% higher.

The report blames the increase in attacks on more sophisticated military operations by enemy insurgents, and the enemy's continued use of safe havens in Pakistan.

From Jim Miklaszewski and Courtney Kube
Suicides among soldiers in the U.S. Army rose to an alarming number in 2008, NBC News learned today. 

While the Army continues to investigate at least 17 deaths as possible suicide, they have already confirmed that at least 125 soldiers took their lives last year.

That is up from 115 in 2007; 102 in 2006; and 87 in 2005.

Video: The Army says it's working hard to change the military stigma attached to suicide so soldiers can get more help.

A senior defense official tells NBC that the Army will release the final numbers at a roundtable tomorrow, and that they will include all possible suicides in their figure. That means they will report upwards of 145 total suicides last year.

This is the highest number since the Army started keeping records -- and also the highest jump from one year to the next. It is also the fourth consecutive year when suicides rose in the ranks.

Suicides were up in all the services in 2008, but the Army's figures were the most dramatic.

And this news comes just weeks after the U.S. Army announced a $50 million program to investigate why soldier suicides continue to rise.

A senior defense official tells NBC News that the U.S. Marine Corps is also very concerned about the increase in suicides in the Corps in 2008.

While the actual jump in hard numbers is not dramatic -- 41 possible suicides in 2008, up from 33 in 2007 -- for the first time ever, the Marine Corps suicide numbers are almost as high as the general civilian population of American males aged 18-25.

In 2008, 19 of every 100,000 Marines committed suicide. That is up from 16.5 per 100,000 in 2007. The Marine Corps compares their numbers to the most recent CDC figures for American men, aged 18-25, which finds that an average of 19.8 of every 100,000 men commit suicide in a given year. Most Marines who commit suicide are enlisted white males, age 18-25.

Of the 41 marines who took their own lives, seven committed suicide while deployed to either Iraq or Afghanistan. Twenty-eight had been deployed the war zone at least once, and 13 had never been deployed.

Suicide is now the third leading cause of deaths in the Marine Corps, with hostile actions as the main killer, and accidents as the second most prevalent cause of death.

From NBC's Pete Williams, at the U.S. Supreme Court
WASHINGTON, D.C. -- In its opinion today, granting rights to the detainees in Guantanamo Bay, the court admits it is doing something it has never before been done -- finding that non-US citizens, detained by the U.S. in foreign territory, have constitutional rights. But the court said, there's never been anything like Guantanamo in U.S. history.

VIDEO: Enemy or not, the Supreme Court has ruled that foreign terror suspects have the constitutional right to challenge their detentions. NBC's Pete Williams reports.

The court's five-member majority also says that for now, things at Guantanamo will go on as they are, that the current military commission systems there "remain intact."

But what this does mean is that all the detainees there have the right to get lawyers who can go into the federal courthouse here in Washington and argue that each of them is wrongly held. 

So today's ruling is not a get out of jail free card, nor does it change the situation on the ground in Guantanamo. But for the first time since these detainees were captured and transferred to Guantanamo, they will now have the legal -- constitutional -- right to get federal judges in the U.S. to review their cases. For that reason, today's ruling is a game-changer.

Pentagon to respond; has said ruling would be a setback
From NBC's Jim Miklaszewski, at The Pentagon
The Pentagon plans to issue a response later to today's Supreme Court decisions which say detainees held at Guantanamo Bay have the right to challenge their detentions in U.S. courts.

Pentagon officials had said such a ruling would be a serious setback to the military commission hearings, and would essentially freeze the trial process for Khalid Sheikh Mohammed and 4 other 9/11 defendents arraigned only last week in a mlitary commission hearing at GTMO.

Perspective from the Senate
From NBC's Ken Strickland, on Capitol Hill
In September of last year, a majority of senators voted to allow Guantanamo detainees to challenge their detention in court, similar to today's ruling by the U.S. Supreme Court. But because Senate rules required 60 votes for the measure to proceed -- proponents had 54 votes -- the amendment died.

Leading the charge to grant the detainees habeas corpus rights were Sens. Pat Leahy (D-VT) and and Arlen Specter (R-PA), the bipartisan leaders of the Judiciary Committee. Other republicans who joined the Democrats were Dick Lugar (R-IN), Gordon Smith (R-OR), Olympia Snowe (R-MA) and John Sununu (R-NH).

From NBC's Domenico Montanaro
Clinton issued a sharp critique of a U.S. Army policy in a letter from her Senate office, requesting "the immediate reversal of an Army policy that requires repayment of enlistment bonuses by medically discharged wounded soldiers."

The letter is in response to a local TV news report in Pittsburgh yesterday.  She calls the policy "outrageous," that "soldiers have earned their bonuses" and "it shocks the conscience that the Army could demand that wounded soldiers return their enlistment bonuses." The letter continues, and touts her work on the Armed Services Committee.
 
But NBC's Jim Miklaszewski explains to First Read that it is actually already "against Army policy to require repayment for enlistment bonuses from soldiers wounded in service," said Miklaszewski, NBC News' Pentagon correspondent. "The incident that popped up in a local news story in Pittsburgh, on FOX and on MSNBC last night was the result of bureaucratic confusion over the soldier's wounded status and an incorrect determination of his discharge. The decision to request repayment was in error and has since been reversed.
 
"The local report from KDKA in Pittsburgh that claimed thousands of medically discharged soldiers are being forced to repay their enlistment bonus is wrong. The KDKA reporter said he got his information from a local congressman, who confused an earlier issue in which 2,005 wounded soldiers did not receive their full pay for a brief period of time. Another typical bureaucratic bungle, which was also corrected. The KDKA reporter never sought any clarification or reaction from either the Army or Pentagon before running the story, according to Army officials."

Per NBC's Jim Miklaszewski, US military officials say that Army lawyers are reviewing the recommendations for disciplinary action against nine Army officers -- including retired Lt. General Phillip Kensinger -- for their role in withholding the truth about the death of former Army Ranger Pat Tillman. In Kensinger's case it may require that he be recalled to active duty to face a possible reduction in rank and reduction in retirement benefits. 

The officials say the recommendations call for non-judicial punishment against the four generals and five other officers -- such as letters of reprimand, which would essentially end their military careers. There are NO recommendations for criminal action. The officials stress that no final decision has been made in Kensinger's case, which is expected to be announced sometime next week.

The New York Times front-pages the anti-Iraq war movies that Hollywood will be releasing soon. In the past, Hollywood usually gave the veteran more breathing space. William Wyler's 'Best Years of Our Lives,' about the travails of those returning from World War II, was released more than a year after the war's end. Similarly Hal Ashby's 'Coming Home' and Oliver Stone's 'Born on the Fourth of July,' both stories of Vietnam veterans, came well after the fall of Saigon."