SEAL 3-Not An Update; An Observation

SEALs Case Shows How Terrorists Use 'Lawfare' to Undermine U.S.
Human Events ^ March 9, 2010 Clare M. Lopez

The use of our democratic system and the rule of law by those whose intent is to destroy our civilization is a cynical tactic that Americans ought to be smart enough to see straight through.

Islamic jihadis are manipulating Western-style legal systems everywhere to their own benefit while we, the founders of those systems, are floundering in a morass of moral relativism, multicultural meaninglessness, and a deplorable amnesia about the genuine worth of our own heritage, traditions, and values.

The current case in point involves the three Navy SEALs who, as members of Seal Team 10, captured the Iraqi terrorist Ahmed Hashim Abed in September 2009. Abed is charged with directing the March 2004 ambush of four Blackwater security guards in the town of Fallujah in which the four were killed, and their bodies mutilated, burned, and hung from a bridge. Unbelievably, the three heroic Navy SEALs are now being court-martialed because Abed claims that at some point in the capture and interrogation process, they treated him a bit roughly; the charges against the SEALs also allege they made false statements about that treatment.

(Excerpt) Read more at humanevents.com ...

Sarah Palin Issues Statement Regarding the SEAL 3

H/T William Kristol and The Weekly Standard

First the Obama Administration opened up the possibility of prosecuting CIA interrogators doing their jobs seeking information from terrorists. Then they tried to go after the Bush Administration lawyers who acted in good faith to protect us in the months after 9/11.

Now some of the military brass are court-martialing three brave Navy SEALs for allegedly throwing a single punch at Iraqi terrorist leader Ahmed Hashim Abed. This is wrong. The Washington Times got it right: Save the SEALs.

These brave warriors belong in combat, not in the courthouse. They captured the most wanted terrorist in Iraq. We may never know how many other heroic missions they undertook on behalf of our country. The charges should be dropped, and they should be returned to their unit – with our gratitude for their service.

Stand up for the SEALs who are standing up for us!

She's a Blue Star Mom. I would expect nothing less, but there are a few inconsistencies here;

First, the SEALs ASKED for a court-martial in order to get a fair and complete airing of the evidence, rather than jeporadize their careers with an administrative reprimand.

Second, the chain of custody for this POS terrorist indicates he was in Iraqi custody prior to being transferred to US custody and we don't know how the Iraqi's treated him.

SEAL 3 Update

5 POTENTIAL WITNESSES COULD SUPPORT SEALS ACCUSED OF ABUSE
By Kate Wiltrout The Virginian-Pilot NORFOLK

Five sailors could offer testimony contradicting the government’s main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist. But whether they’ll take the stand is in question after the government denied their requests for immunity on Friday.

Attorney Charles Gittins represents the five potential witnesses, including two officers who led the SEAL detachment that captured Ahmed Hashim Abed in Fallujah in September. Abed is the alleged mastermind of the murders of four Blackwater contractors in Fallujah in 2004.

Gittins said his clients’ testimony would be inconsistent with some or all of the statements made by Petty Officer 3rd Class Kevin Demartino, the Navy master-at-arms who claimed to have seen a SEAL hit Abed while he was being held in a U.S. detainee facility after his capture.

“If your intent is to have a fair trial, they are witnesses you’d want to hear from,” Gittins said.

Monica Lombardi, who is defending one of the accused SEALs, said the government’s decision not to grant immunity to key defense witnesses raises questions about the “fundamental fairness” of the process. “They contradict a lot of what the government is alleging as having happened,” Lombardi said. “Where is the government going with this case, and how are they going to ensure the accused’s right to a fair trial?”

The prosecutions of Matthew McCabe, Jonathan Keefe and Julio Huertas, all assigned to SEAL Team 10 in Virginia Beach, have drawn widespread criticism, political heat and demonstrations outside the Norfolk base.

The cases are being handled locally, but the decision to press charges was made by Maj. Gen. C.T. Cleveland, head of Special Operations Command Central. Cleveland did so after the SEALs declined administrative punishment, which could have compromised their careers in special warfare.

McCabe, a petty officer second class, is charged with assault, making a false statement and dereliction of duty. Lombardi’s client, Petty Officer 1st Class Huertas, is charged with impeding an investigation, making a false statement and dereliction of duty, while Petty Officer 2nd Class Keefe faces charges of dereliction of duty and making a false statement.

Lombardi said she will consider asking the military judge overseeing Huertas’ case to “abate” the proceeding, a ruling that could force the government to either grant immunity or drop the charges.

The next hearing in the case is scheduled for March 8 in Norfolk.

Eugene Fidell, a lawyer and president of the National Institute of Military Justice, said abatements are rare. “Although it can be done, it’s a tall order,” Fidell said.

My only question/concern is why defense witnesses, who would contradict prosecution witnesses statements, would need immunity. Are they afraid of retribution for telling the truth? If so, why?

SEAL 3 Update

Military cancels detainee interview in Navy SEAL case

Originally published at The US Report

The military has canceled the deposition of an alleged terrorist mastermind who claimed that he was assaulted by the military following his capture last year. The law firm Puckett and Faraj, representing Navy SEAL Matthew McCabe, made the announcement on Sunday.

Major General Charles Cleveland, the convening authority for the upcoming special courts-martial for three of the Navy SEALs involved in the operation, has decided to cancel the trip to Iraq to depose Ahmed Hashim Abed. Since the SEALs have a Constitutional right to confront their accuser in court, the alleged terrorist's statements won't be used as evidence for the case. Abed, who is still in U.S. custody, is believed to be the al Qaeda mastermind behind the 2004 Fallujah ambush where four U.S. private security contractors were killed and their bodies mutilated. According to court documents, he claimed that he received what amounted to a punch in the stomach while in U.S. custody.

The prosecution's case against the SEALs appears weak. For instance al Qaeda's training manual states that once captured, members should claim torture and abuse. In addition Abed was initially detained at an Iraqi facility, which presents a chain of custody issue. Complicating matters further, the military has not released any corroborating evidence, such as medical records or photographs, and the sailor who claimed to witness the incident has given five conflicting statements. Also, the SEALs were initially offered an Article 15 hearing, which carries relatively light non-judicial punishment. Instead, the sailors requested trial by courts-martial, which allows all evidence to be considered, but carries much heavier punishment – including incarceration. The SEALs possibly made their decision in an effort to protect their careers. Many believe a non-judicial process would leave the impression of guilt.

The military previously decided not to bring Abed to the U.S. for interview. Commander Tierney Carlos, the military judge for the trials of SO1 Julio Huertas and SO2 Jonathan Keefe, decided in January that since the military ruled that Abed would not be flown from Iraq to the U.S., that the sailors' trials would be held in Iraq.

It is not known whether the military's decision to disallow the detainee interview will affect the cases of Huertas or Keefe. Their trials are set to start in April. McCabe's trial is set for May.

The statement from Puckett and Faraj said, “Since those two military judge’s rulings, Major General Cleveland has canceled the government trip to Iraq to depose the detainee. This leaves the SO2 McCabe defense and government teams without the Iraqi detainee’s presence or sworn statements as evidence in the case.”

[Disclosure: the author has advocated for the charges against the SEALs to be dropped.]

DCProtestWarrior in Norfolk With NCGOE

DC Protest Warrior: DCProtestWarrior in Norfolk With NCGOE

Scott Taylor for 2nd District in Virginia.

SEAL 3 Update

This should provide interesting subject matter on Andrea's blogtalk show with Crush tonight.

Navy SEALs' trials moved to Iraq

NORFOLK, Va. - Two of the three Navy SEALs accused in the mistreatment of an Iraqi detainee will have their military trials take place in Iraq, a military judge ruled Monday.

Both Petty Officer 1st Class Julio Huertas and Petty Officer 2nd Class Jonathan E. Keefe appeared in military court at Naval Station Norfolk in separate hearings. In each case, the presiding judge decided to move the sailor's trial to Camp Victory in Iraq. That decision was made so that the victim could give direct testimony instead of a deposition, enabling Huertas and Keefe to face their accuser.

The charges against the three SEALs involve Ahmed Hashim Abed, who has been linked to the 2004 deaths of four Blackwater contractors who were mutilated before their bodies were hung from a bridge.

Petty Officer 2nd Class Matthew McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators. He deferred entering a plea until his Jan. 19 trial.

Huertas of Blue Island, Ill., faces charges of dereliction of duty, lying to investigators and impeding an investigation.

Keefe, of Yorktown, faces charges of dereliction of duty and making a false official statement. Huertas and Keefe have pleaded not guilty. Their trials are planned for April.

The SEALs have received an outpouring of public support, including the backing of several members of Congress.

Crush From Blackfive on Andrea Shea King Tonight

SEAL 3 Update
For more on Chris Carter, aka Crush, go here.

As posted on Backfive.net:

I will be discussing the SEAL 3 Special Courts-Martial on the Andrea Shea King Show tonight at 9 PM. I hope to get as many fellow B5-ers as we can to tune in. We must get as many people active on this matter immediately.

For the latest on the SEAL 3, visit the Victory Institute.

More On The SEAL Trio

From Chris Carter writing in Family Security Matters:

Gen. Cleveland wrote that Abed's “alleged injuries were inflicted several hours after the operation had ended, and while in the custody and care of the U.S. at Camp Schweidler's detainee holding facility.” But how could medical personnel determine exactly when Abed so-called injury took place, and how could they know that the injury wasn't self-inflicted, or as a result of his capture?

“If the injuries were insignificant, why are the reputations of 3 expert warriors on the line?” asks Kay Day at The US Report. Indeed, Gen. Cleveland could have simply let the matter go, but opted for non-judicial punishment, which the sailors declined; accepting the punishment could have ended their career in special operations.

But did the alleged abuse even take place?

Lesson 18 of al Qaeda's training manual says to convince the judge that the member was tortured and to complain of mistreatment to the court. It could be that Abed was just doing what he was trained to do – continue the battle from the courtroom (apparently the only environment that SEALs are vulnerable), whether the allegations are true or not. Unfortunately, it appears that the Pentagon is willing to risk the careers of three of the nation's best warriors in order to find out as anyone above Gen. Cleveland could put an end to the trial as well.

SEAL Trio Update From Military.com

3rd SEAL in Detainee Case Wants Trial
December 23, 2009
Virginian-Pilot

NORFOLK, Va. -- A third Navy SEAL charged with not stopping the alleged abuse of an Iraqi detainee pleaded not guilty Tuesday to two misdemeanors and asked to be tried by a military jury.

Petty Officer 2nd Class Jonathan Keefe, of Yorktown, faces charges of lying to investigators and dereliction of duty for failing to safeguard Ahmed Hashim Abed -- a man the military describes as "a suspected Iraqi terrorist' captured by U.S. forces in September. Abed is thought to have been involved with the killing of four U.S. civilian contractors in 2004.

Keefe, 25, told Cmdr. Tierney Carlos, a military judge, that he wants a jury made up of at least one-third enlisted sailors, as is his right under rules for military courts-martial.

Keefe's lawyer, Gregory McCormack, requested a delay because the government has been slow to produce evidence against Keefe. Carlos scheduled the court-martial to begin April 6. Although the case is being handled locally, the decision to press charges was made by Army Maj. Gen. C.T. Cleveland, head of Special Operations Command Central.

Like Petty Officer 2nd Class Matthew McCabe and Petty Officer 1st Class Julio
Huertas, arraigned on related charges earlier this month, Keefe could have accepted administrative punishment for his actions but instead chose to fight the charges. If convicted, the SEALs could face a year in the brig, demotion in rank and a bad-conduct discharge.

Free the SEALs

Free the SEALs
What is the Navy brass thinking?
By Clifford D. May

On Dec. 7, Pearl Harbor Day, a Navy SEAL - one of an elite band of highly skilled and extraordinarily brave American warriors - faced arraignment. The charge: He punched a terrorist.

To be precise, he punched a terrorist suspect - Ahmed Hashim Abed, the alleged ringleader behind the killing, burning and mutilating of four American contractors in Fallujah, Iraq, in March 2004.

Abed was run down by the SEALs in September 2009. Exactly what happened after that is a bit hazy. He spent time in U.S. custody, then in Iraqi custody and eventually was returned to U.S. custody. At some point, he claimed one of the Americans punched him in the stomach, or maybe on the mouth.

Three SEALs are now in trouble. Petty Officer 2nd Class Matthew McCabe stands accused of assault. Petty Officers Julio Heurtas and Jonathan Keefe are being charged with "impeding the investigation and dereliction of duty in failing to safeguard a detainee."
Surely, these SEALs, like all American citizens, deserve the presumption of innocence. It's also worth recalling that the al Qaeda manual recommends that all detainees complain of torture and abuse.

But what if it turns out that one of the SEALs did give the guy a shot? What if Abed was uncooperative, or spit at them, or bragged about how he slaughtered the Americans (one of whom was a retired SEAL) and how they begged for their lives and squealed like pigs as they died? I can imagine how a normal guy - even one as disciplined as a SEAL - might lose his temper for a moment.

In that case, I wouldn't expect a senior officer to turn a blind eye. I'd expect him to take the SEALs aside and say, "You guys cut out the John Wayne stuff or you're going to be peeling potatoes for the next six months. Understood?" The reply would be: "Yes, sir! Understood, sir!" And that would be the end of that.

But a court-martial? Maybe there's more to it than we know. How much more could there be? Abed is alive. He has two eyes, two ears, 10 fingers and 10 toes. This much is clear: If a single alleged knuckle sandwich is all it takes to remove three Special Operators from the battlefield, Abed won this battle.

In his remarks accepting the Nobel Peace Prize, President Obama said, "And even as we confront a vicious adversary that abides by no rules, I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight."

I agree. Our troops should uphold the highest standards. Notwithstanding such rare but extravagantly publicized lapses as Abu Ghraib, they do exhibit a degree of self-restraint that no other military, now or in the past, can match.

But the notion that international law provides strict legal protections for terrorists is a new and dubious innovation, cooked up by transnational lawyers seeking power for themselves and their organizations, along with unprecedented limitations on American sovereignty.

The Geneva Conventions are treaties that bind signatories in order to render conflicts among those signatories less brutal. The Geneva Conventions were never designed to protect those who have not signed them and who routinely violate them.

As Mr. Obama rightly noted, terrorists abide by no rules. Therefore, they are not entitled to the protection of the rules. If we treat them humanely - as we do and as we should - that is our choice based on our values, our standards, our humanity.

A terrorist in American custody should be aware that he is in the presence of principled professionals. But he should not believe that he is untouchable or that he is entitled to the rights enjoyed by an American citizen under the U.S. Constitution, a document he would gladly trample underfoot.

He should know that the troops who detain him are not like him. They won't chop off his head on videotape while chanting praise for a divinity pleased by the carnage. But he also should know that if he asks for a fat lip, he might just get a fat lip.

They'll Have Every Right To Say No

If we continue to punish our Warriors for doing the job we trained them and then asked them to do, do not be surprised when we arrive at the point where our Warriors say No.

SEALs deserve their day in court
Examiner Editorial December 4, 2009

As former President George W. Bush would say, Ahmed Hasim Abed is an evildoer. He masterminded the killing of four American military contractors and ordered the desecration of their bodies in Fallujah, Iraq, in 2004. Abed was considered a high-value target in the war on terror, so when three Navy SEALs brought him to justice, they should have been hailed as heroes.

Instead, they were reprimanded for allegedly injuring Abed. After being turned over to Iraqi authorities, Abed complained of being punched, which caused -- quelle horreur!-- a bloody lip. All three SEALS requested and were granted court marshals in order to clear their names. Those proceedings will convene in January. The SEALs surely believe they acted appropriately because military courts are notoriously strict and severe compared with civilian courts.

The incident with the SEALs highlights an uncomfortable truth about the Obama era: Terrorists operating on foreign soil get more favorable legal treatment than uniformed members of the American military, who risk their lives to protect and defend the Constitution.

This injustice is not lost on the SEALs, who are afraid the Navy won't even grant them due process. "We have terrorists getting their constitutional rights in New York City, but I suspect that they're going to deny these SEALs their right to confrontation in a military courtroom in Virginia," said Neal Puckett, a lawyer who is defending one of the accused.

The Navy's treatment of these SEALs suggests the military has learned nothing from previous hasty attempts at military justice in Iraq. In 2006, an inquest was prompted by a Time magazine article titled "The Shame of Kilo Company." Eight Marines were quickly rounded up and charged with massacring civilians. Time later ran multiple corrections of the story, and the magazine's primary source turned out to be of dubious character. Six of the Marines have since been cleared or acquitted of all charges. Of the remaining two Marines whose charges remain unresolved, one wasn't even present for the alleged crimes, and the other's chief accuser was "not being truthful," according to one Naval Criminal Investigative Service report. The only shame belongs to Time magazine and overzealous military prosecutors.

The Navy has offered no public defense of its arbitrary disciplining of the SEALs based on the word of a murderous terrorist. Was it fear of bad publicity, or simply investigatory or prosecutorial incompetence?

Whatever the explanation, the SEALs deserve their day in court, and the Navy should do whatever is needed to ensure this kind of railroading never occurs again.

Hand Salute for MA2 (SEAL) Michael A. Monsoor.

Greater love hath no man than this, that a man lay down his life for his friends.
Master-at-Arms 2nd Class (SEAL) Michael A. Monsoor s will receive, posthumously, the Congressional Medal of Honor, for saving the lives of his brother SEALs by throwing his body on a grenade. His family is to receive the medal on his behalf April 8,2008 at the White House.

Fair winds and following seas, MA2. May God bless you and your family. Thank you.

And for those that truly wish to thank him and others like him, there is the

Navy SEAL Warrior Fund.

h/t Hot Air, Military.com, and Marine Corps Times