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Military cancels detainee interview in Navy SEAL case
The US Report ^ | 9 Feb. 2010 | Chris Carter

Posted on 02/09/2010 9:16:02 AM PST by Crush

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...

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


TOPICS: Foreign Affairs; Government
KEYWORDS: courtmartial; iraq; navyseals; seal3; seals; usnavy
More on the SEAL three here
1 posted on 02/09/2010 9:16:02 AM PST by Crush
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To: Crush

I am sure Jack Murtha (rip) is happy that these SEALS (aka baby killers according to Jack) are under investigation


2 posted on 02/09/2010 9:25:54 AM PST by the long march
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To: Crush

Take the word of Ahmed Hashim Abed over the word of the SEAL’s...???

They punched him? So what...

If we continue down this road, every enemy will complain that we shot at them or heaven forbid, we wounded him...

This case has absurdity written all over it.


3 posted on 02/09/2010 9:26:13 AM PST by Former MSM Viewer
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To: Crush

They should have shot him.


4 posted on 02/09/2010 9:29:12 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

after they tortured him for any useful intel.


5 posted on 02/09/2010 9:33:00 AM PST by RC one (WHAT!!!!)
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To: Crush
F'ing great. The SEALs in this case did the right thing. Go to court and drag the POS prosecuting and charging officers out in the public. Then follow the chain of command up the pole to find out who decided to charge these warriors.

This is funny in a way.... like these f'ing REMF are going to "sweat out" SEALs. Like the SEALs are going to quietly do the expedient thing and relinquish their honor to these limp d#cked, spineless PC JAG officers and muzzie terrorists that are using our system against us... like they say they're going to do.

Every JAG or Judicial officer should spend 9-12 weeks outside the wire on a fire team or in a platoon that patrols, THEN come back and prosecute for violations of ROE. Smell the gas, sh#t, blood, flesh, metal and powder of a real nice IED or RPG round through a humvee. See the muzzies with the cell phones or laying wire/ditch digging and placing charges, setting up ambushes and then lets see what the lawyers want to do if they have to ride 3rd vehicle in a convoy or patrol.

God Bless those SEALs, I stand and salute them... and to the prosecuting attorneys and officers that brought the charges... I also salute you, with both hands held high and middle fingers extended.

6 posted on 02/09/2010 9:33:29 AM PST by erman (Our President-A modest man, who has much to be modest about.)
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To: RC one

“after they tortured him for any useful intel.”

good point


7 posted on 02/09/2010 9:33:54 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Sorry sir the poor muzzie smashed his face into my bullet, I couldn't stop him. Why waste the effort on interrogating?
8 posted on 02/09/2010 9:38:34 AM PST by sniper63 (Bang,Bang, Maxwell's Silver hammer........)
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To: Former MSM Viewer

Absolutely correct!!!!!!!!!!!!!

Probably 25-30% of the combat veterans of Vietnam could’ve been charged as these SEALs have been charged..It is idiotic to put well trained military in harm’s way and expect them not to react in a violent manner...

THAT’S WHAT THEY ARE THERE FOR!!!!!!!!!!!!!!!!!!!!!!!


9 posted on 02/09/2010 9:39:06 AM PST by Boonie
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To: Crush

Looks like this case is unraveling, as it damn well should.


10 posted on 02/09/2010 9:40:38 AM PST by colorado tanker
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To: erman

AMEN, Sir!


11 posted on 02/09/2010 9:41:15 AM PST by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: OldDeckHand; Grampa Dave; ASA Vet

Dead in the water.....ping.


12 posted on 02/09/2010 9:44:09 AM PST by BIGLOOK (Keelhaul Congress!)
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To: erman

I admire your ability to keep your thoughts obscure to all. I suggest that in the future you might want to say what you really mean to say so the dumba$$e$ in the JAG Corps will know your thoughts better. (the sarcasm lamp is lit!)


13 posted on 02/09/2010 9:44:23 AM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: Boonie
Now if only the REMFs understood that.
14 posted on 02/09/2010 9:47:08 AM PST by ItsForTheChildren
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To: driftdiver

See my tagline.

Honestly, what information can these Mohammedans give us that is worth the life and carreer of our brave military. There used to be an old Marine Corps saying: “Kill them al; let God sort them out”.

Semper fi


15 posted on 02/09/2010 9:49:58 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: the long march
I am sure Jack Murtha (rip) is happy...

Sorry, my sympathies just aren't there.
I say "God bless his family" - that's it.

16 posted on 02/09/2010 9:55:46 AM PST by Nevermore (...just a typical cracker, clinging to my Constitutional rights...)
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To: Nevermore

Isn’t it amazing the Obama is prosecuting our US citizen Navy Seals in a military court for possible war crimes yet prosecuting foreign terrorists for war crimes in civilian court?


17 posted on 02/09/2010 10:07:11 AM PST by WaterBoard
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To: Nevermore

I guess I forgot to include the sarcasm symbol. The man called our brave fighting men murders and rapists. To me he was scum of the earth -—and a fat slob of an alkie to boot


18 posted on 02/09/2010 10:16:47 AM PST by the long march
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To: WaterBoard
Absolutely agree! The left hates Americans and absolutely loves murderous bandits of every stripe and creed.
19 posted on 02/09/2010 10:24:15 AM PST by WMarshal (Where is the next Sam Adams?)
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To: NTHockey

We had a saying, “Nuke ‘em till they glow...Shoot ‘em in the dark...”


20 posted on 02/09/2010 10:24:21 AM PST by Boonie
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To: ItsForTheChildren

Ain’t it the truth!!! they should all be required to spend time in the bush before fighting from a chair....


21 posted on 02/09/2010 10:30:51 AM PST by Boonie
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To: Dark Wing; Dog Gone

ping


22 posted on 02/09/2010 10:30:59 AM PST by Thud
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To: erman

SEALs. Like the SEALs are going to quietly do the expedient thing and relinquish their honor to these limp d#cked, spineless PC JAG officers

Are you aware that the SEALs also have JAG defense counsel? I’m not too familiar with how the Navy does it, but the Air Force sends the BEST prosecutor across the street to be the Area Defense Counsel. Having been a Chief, Military Justice, an Area and Circuit Defense Counsel, and a judge, I’m comfortable saying that the accused Air Force member generally gets highly effective assistance of counsel by zealous advocates.

Not sure what the other services do...

Colonel, USAFR


23 posted on 02/09/2010 11:05:06 AM PST by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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To: jagusafr

The initial JAG officers advised them to take the slap on the wrist. Now they are going to defend them. I would advise them to get civilian consultation for their defense. The Navy PC CROWD has a lot riding on getting these problem SEALs buried.


24 posted on 02/09/2010 11:10:53 AM PST by erman (Our President-A modest man, who has much to be modest about.)
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To: erman

Every JAG or Judicial officer should spend their career in lockup.


25 posted on 02/09/2010 12:03:36 PM PST by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: erman

“lets see what the lawyers want to do if they have to ride 3rd vehicle in a convoy or patrol.”

Make sure they have to pick the vehicle and provide their own protection while in country


26 posted on 02/09/2010 1:29:32 PM PST by Grampa Dave (Does 0b0z0 have any friends, who aren't traitors, spies, tax cheats and criminals?)
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To: erman

I think it’s a great idea to hire civilian counsel with prior UCMJ experience. I’ve represented people in courts martial, and I always advise them not to fire their military defense counsel because that person has better contacts (and usually deeper relationships) than I do.

The problem with accepting Article 15 as a venue is that you really don’t have any options if your commander decides you did it. You can make a presentation, but he doesn’t have to believe it. I think these SEALs did precisely the right thing by insisting on trial by court-martial: “Put up or shut up, Government”.

Colonel, USAFR


27 posted on 02/09/2010 2:04:34 PM PST by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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To: jagusafr
I agree... I bet the officer pressing charges was hoping for a nice PC merit badge for the scalps of the SEALs and then just move along... then they pulled this stunt by going to trial and having the government present evidence that makes them look like idiots for believing a muzzie that stated and is trained to make fake charges... then does just that in order to further propagandize the war.

Everyone of these little ferrets needs to be logged, in order that they don't come back and try to win elected office as a "combat" veteran etc....

28 posted on 02/09/2010 2:51:51 PM PST by erman (Our President-A modest man, who has much to be modest about.)
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To: colorado tanker; Saoirise; ~Kim4VRWC's~; Markos33; MestaMachine; NoObamaFightForConservatives; ...
Looks like this case is unraveling, as it damn well should.

Prayers up that it does.

29 posted on 02/09/2010 7:43:27 PM PST by 444Flyer (Save the SEALs!(Petty Officer 2nd Class Matthew McCabe, Petty Officer Jonathan Keefe/ Julio Heurtas))
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To: Crush

BTTT!


30 posted on 02/09/2010 7:44:46 PM PST by 444Flyer (Save the SEALs!(Petty Officer 2nd Class Matthew McCabe, Petty Officer Jonathan Keefe/ Julio Heurtas))
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To: 444Flyer

The charge was that the “detainee” got a fat lip. I always figured if SEALS had done it, he would never be able to talk again.
At the very LEAST, he would have had his jaws wired together for months.


31 posted on 02/09/2010 7:55:58 PM PST by MestaMachine (http://www.freerepublic.com/focus/f-news/2426869/posts SUPPORT RINO FREE AMERICA)
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To: MestaMachine

Sounds like they have nothing on these SEALs. Now, will Obamboo’s Navy let them get back to work, or is this now an official witch hunt against these brave American Warriors?


32 posted on 02/09/2010 9:44:46 PM PST by 444Flyer (Save the SEALs!(Petty Officer 2nd Class Matthew McCabe, Petty Officer Jonathan Keefe/ Julio Heurtas))
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To: jagusafr

Reminds me of when Lt. Winters opted to take trial by courts-martial when the Mickey-Mouse Lt. Sobel had false charges against him in Band of Brothers.

Hopefully it goes as poorly for the “powers that be” as it did for Sobel in the 101st. I don’t necessarily fault the Navy Master-at-arms whose testimony the trial appears to hinge upon, as many have done. He isn’t the enemy. The true enemy is Abed the terrorist and the political-correctness that is doing more damage to our military than al Qaeda ever could.


33 posted on 02/11/2010 9:53:04 AM PST by Crush
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