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To: WHBates; StarCMC
There is an additional argument in favor of what Lt-Col. West did. The person he was interrogating was a spy for the other side in this conflict. He was caught as a member of the US-trained Iraqi police force, a position he apparently took to gather information.

Under the Law of War, which predates the United States by about three centuries, a captured spy in a fighting zone can be executed on the spot. It is not necessary even to have a military (or "drum head") trial. However, such a trial is preferable as a matter of form.

General Washington used this power when he tried and hanged Major Andre (the British officer who was Benedict Arnold's contact, and was found behind American lines in civilian clothes). British General Clinton used exactly the same power when he tried and hanged Nathan Hale (also captured in civilian clothes, behind British lines).

And the US Supreme Court recognized, unanimously, that the Law of War has been accepted by Congress and applies to the US military, outside of the constraints of the Bill of Rights. See In re Quirin, 1942.

So, if Col. West had the authority to try and execute this spy, he surely had the authority to scare information out of him without actually harming him.

Second point: Where is Col. West's home state? His Congressman and both of his Senators should be all over the Department of Defense on this case. And if any of those fail to support Col. West, their voters should not support them.

I hope this information is helpful in putting a stop to this nonsense against this fine and able officer. And, yes, I would be proud for him to "have my back," anywhere, anytime, under any circumstances.

Congressman Billybob

Latest column, "Open Judicial Mouth, Insert Foot," discussion thread. IF YOU WANT A FREEPER IN CONGRESS, CLICK HERE.

7 posted on 11/07/2003 3:15:29 PM PST by Congressman Billybob (www.ArmorforCongress.com Visit. Join. Help. Please.)
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To: Congressman Billybob
They're going to put this guy in prison for SCARING the enemy. Terrific.
8 posted on 11/07/2003 3:23:11 PM PST by johnb838 (What about MY right to free speech?)
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To: Congressman Billybob
"...British General Clinton used exactly the same power when he tried and hanged Nathan Hale..."

I know you meant to say 'General Howe.' ;-)

17 posted on 11/07/2003 4:28:52 PM PST by Bonaparte
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To: Congressman Billybob
Under the Law of War, which predates the United States by about three centuries, a captured spy in a fighting zone can be executed on the spot. It is not necessary even to have a military (or "drum head") trial. However, such a trial is preferable as a matter of form.

Under the UCMJ, which POST-dates (and thus supercedes) that precedent, you're not allowed to shoot prisoners out of hand, nor are you allowed to disobey lawful orders.

Giving your own troops an Article 15 for disobeying a lawful order, and then disobeying that same exact lawful order yourself, is exceptionally bad form.

19 posted on 11/07/2003 4:35:56 PM PST by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Congressman Billybob
If the logic to prosecute this Lt/Col is valid.....
Half our platoon would have spent the last 40 years in Leavenworth..
This is madness...

Your point of this prisoner, being a spy - is a slant that I hadn't thought of...
It may save the Lt/Col's life.

Semper Fi
55 posted on 11/09/2003 3:26:35 PM PST by river rat (War works......It brings Peace... Give war a chance to destroy Jihadists...)
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