Posted on 08/05/2011 12:57:03 PM PDT by Kaslin
They are the forgotten warriors of the Iraq War, the men whose lives and families and careers blew up in "murder" charges on a vicious battlefield, the pieces coming down in Fort Leavenworth's military prison where the men now serve long sentences. Together, they make up the Leavenworth 10, not always at Leavenworth and not always 10, a group of cold-luck cases still working their way up the ladder of appeals and the clemency process, their families hoping to free them before many more years go by.
They all got bad news recently when word came that the Army Court of Appeals denied Army Ranger 1st Lt. Michael Behenna, 28, a new trial despite the introduction of exculpatory evidence originally withheld by the prosecution. Behenna faces 13 more years of a 15-year sentence for the unpremeditated 2008 "murder" of an insurgent who killed two of his men in post-surge Iraq, an al-Qaida terrorist for whom the Army would issue a kill/capture order before realizing he was already dead.
Why no new trial?
At almost the same time, Assistant Secretary of the Navy Juan Garcia overruled recommendations from the Naval Clemency and Parole Board and from brig officials at Miramar Marine Corps Air Station that Marine Sgt. Lawrence Hutchins, 27, be granted early release. Hutchins has served more than five years on a 15-year sentence that was reduced to 11 years. The sentence was once recommended to be cut to five years, and once thrown out (he spent nine months free starting June 2010). He faces the balance of the 11-year-sentence for conspiracy and unpremeditated "murder" of a man he believed was the killer of Marines and civilians in pre-surge Iraq.
Why no parole?
I put quotation marks of incredulousness around "murder" because this was a war zone -- a chaotic, urban war zone in which counterinsurgency theory (COIN), winning hearts and minds, just didn't go according to the book. Those restrictive rules of engagement (ROEs) failed to impress jihadists or their clans with America's good intentions, and the schizoid mishmash of firepower, nation-building, harsh interrogations, bribery, police work and social work made our forces pawns of an untenable policy. These young men shouldn't be the ones to pay for that policy. We should use this week's one-two punch of "military justice" for some national soul-searching. It's the least we can do for men who risked everything for our country.
The two cases are quite different, but they share more than miscarriages of justice. Reading back before the judicial nightmares began is to follow two warriors contending with a basic COIN flaw: the notorious practice known as catch-and-release, the opaque, bureaucratic process by which U.S. forces risked their lives to "arrest" insurgents on the back-alley battlefield only to see them released to kill again for "lack of evidence." In both Behenna's and Hutchins' cases (and others), catch-and-release was the ultimate manifestation of chaotic command and no control, and served as a common trigger of events. Behenna himself had to drive home the very insurgent known to be responsible for the IED (crude, handmade bomb) that recently killed two of his men. He decided to perform one more interrogation himself during which the insurgent rushed him, at which point Behenna fired. This is the self-defense scenario supported by the prosecution's own forensics expert. It was suppressed at Behenna's trial and ignored on appeal.
Hutchins' case is more complex, involving an eight-man plot to "snatch" and kill a "prince" of the insurgency, someone responsible for everything from IEDs to recruiting suicide bombers. Again, it was catch-and-release, and not for the first time, that lit the fuse for this Marine squad. They caught the terrorist and then, on release, had to drive him home. They later decided to fake an incident in which the "prince's" killing would be ROE-lawful. While Hutchins waited in ambush, the wrong man was seized, they all shot at him and then covered up the incident. No Marine was confined for more than 525 days except Hutchins (11 years).
Hutchins also drew a rebuke from Navy Secretary Ray Mabus, who, while Hutchins appealed and sought clemency, slandered him as a premeditated and indiscriminate murderer. Hutchins lawyer, Maj. Babu Kaza, points out that Hutchins was found guilty of neither allegation and that Mabus' unprecedented public comments constitute "unlawful command influence" on the workings of justice.
At least that's what the military calls these nightmares. Do you?
Yes, Congressman West is doing whatever he can to bring attention to these cases.
Other threads:
http://www.freerepublic.com/focus/f-news/2757460/posts
http://www.freerepublic.com/focus/f-bloggers/2757523/posts
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If West is willing to do it, then we should pursue other Congressman who served in the military too.
I am so glad you have joined the fight.
There are some names of congressmen in this thread to contact.
We have been fighting for years. Kinda like beating your head against a brick wall. And yeah sure, the wall is still there. But so is my head.
http://www.freerepublic.com/focus/f-bloggers/2661688/posts
Ibelieve that their counterparts in the Communists nations’ Armed forces were callled Commasars.
Asking all who read this to contact their Representatives while they are home for August recess! An email, and phone call, and if any hold a Town Hall, ask them how it is we are releasing terrorists yet hold our own soldiers in prison for doing what they were sent to do....kill terrorists!
Ask your Representative to call for hearings on the present “Catch and Release Policy” and the “Military Rules of Engagement” in the war on terror. Here is the link which provides contact information for every Rep. to the US House:
http://www.house.gov/representatives/
Please thank your nephew for me for his service to our country. God Bless all our Military!
YES! And the all are on August recess and home, with easier access to the voters in their districts! Great time to call, email, and if possible get to speak to them face to face....and ASK QUESTIONS! Like: “Why is it we are now releasing terrorists to their elders, yet holding our own soldiers in Leavenworth?”
Here is the link again for contacting all Representatives to the US House:http://www.house.gov/representatives/
Doing a Georgia Freeper ping here to help spread the word! As always, if one wishes to be removed from my ping list please let me know through FreepMail. Thanks!
Sure it is. </sarcasm>
Of course the CIC could have pardoned these guys, or just ordered the courts not to proceed just like he should have for the Border Guards, or for that matter Scooter Libby. Truth is he didn’t because it was political.
When I see this Cr@p I always remember "Breaker Morant."
War with King's X zones, are un-winnable, and we should never commit troops to any situation with their hands tied. They only become targets.
No victory since Hiroshima, nor is there ever likely to be.
“the Army Court of Appeals denied Army Ranger 1st Lt. Michael Behenna, 28, a new trial despite the introduction of exculpatory evidence originally withheld by the prosecution.”
There’s got to be more to that, whether it supports the court’s decision or stinks of corruption.
The CMA has to know that if there is actually is exculpatory evidence originally withheld by the prosecution, and if that evidence is significant, they are going to get slammed and slammed hard.
“the Army Court of Appeals denied Army Ranger 1st Lt. Michael Behenna, 28, a new trial despite the introduction of exculpatory evidence originally withheld by the prosecution.”
There’s got to be more to that, whether it supports the court’s decision or stinks of corruption.
The CMA has to know that if there is actually is exculpatory evidence originally withheld by the prosecution, and if that evidence is significant, they are going to get slammed and slammed hard.
Please add me to your Georgia Freeper ping list.
thanks,
Frank
“No victory since Hiroshima, nor is there ever likely to be.”
We achieved military victory in Viet Nam. The Cape Cod Orca and other traitors in congress threw the victory away, because they thought it would discredit the Republicans if we lost and the Demonrats if we won. Power, of course, was more important to them than the welfare of the United States.
“I’ve always caught a whiff of “political show trial, Chicago-style” about these proceedings.”
Sure. My Lai did a lot to make average Americans sick of the Viet Nam war.
American soldiers committing “murder?” That discredits the American military, our reasons for being over there, and the United States in general. And the demonrats don’t give two whoops in Hell that it’s BS.
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