Add to that the presence of AK47 and other enemy brass at the site of the attack, and there is no way a warrior can conclude that these Marines were over-reacting.
Objecting to honest information is criminal on the part of the prosecutor.
You're exactly right, xzins. The mindset of these Marines from what they were told before the patrol is most relevant to this CM. For the prosecutor to to try to deny that from being put to the panel is pathetic, IMO.
Censure is the very least that should happen to this prosecutor.
A prosecutor for the military should NOT be trying to convict any military defendant. They should be trying to ensure that all of the truth comes out.
If that truth convicts a defendant, then so be it. If they know, on the other hand, that truth is being withheld, then they are honor bound to ensure a member of the military has the whole story told.
Military prosecutors should not be rewarded for conviction rates. They should be rewarded for insistence on every remotely relevant fact being placed before the court.