Posted on 07/07/2012 4:03:21 PM PDT by Ooh-Ah
By a 3-2 majority, the highest military appeals court has upheld Army Ranger 1st Lt. Michael Behenna's conviction for the unpremediated murder of a detainee and al-Qaeda-operative in Iraq named Ali Mansur. While Michael still could receive clemency, his legal appeals are now officially exhausted. Barring clemency, Michael will remain at Leavenworth military prison until 2024.
What a blow. What a disgrace.
I just finished reading the majority opinion. It is a chilling document. It contains analysis of whether Michael had "the right to act in self-defense" when the detainee he was questioning about IED attacks that had recently killed two men in his platoon, suddenly lunged for Michael's gun, and Michael shot and killed him.
This was one of several issues before the court. As the "initial aggressor" for engaging in an unauthorized interrogation of a naked detainee, Michael, the court upheld, had lost his right to self-defense. Under consideration was whether at any point in the split seconds during which the detainee hurled a piece of concrete at Michael and rushed for his gun, and Michael fired in return at the detainee, Michael ever regained it. Three judges in the calm of their chambers in Washington, D.C., determined that he did not.
Or, as they wrote: "Even assuming for a moment that Mansur could have escalated the level of force, we conclude that a naked and unarmed individual in the desert does not escalate the level of force when he throws a piece of concrete at the initial aggressor in full battle attire, armed with a loaded pistol, and lunges for his pistol."
Oh yeah? Maybe it's simplistic of me, but I'd like to see them step into Michael's combat boots and see how it felt out there in the night, after a hard day's "catch-and-release," after military intelligence shockingly set Mansur free and ordered Michael to drive him home -- the very man Michael suspected of knowing all about the attacks that had recently killed two of his men. Michael thought he could get the necessary evidence in one more interrogation, just him and Mansur. But it didn't work out as Michael hoped.
The majority:
Ultimately, even if we assume that Mansur lunged for Appellant's pistol and Appellant feared that Mansur would use the pistol if he was able to seize it, because Appellant was the initial aggressor, and because there was no evidence to support a finding of escalation or withdrawal, a rational member [juror] could have come to no other conclusion than that Appellant lost the right to act in self-defense and did not regain it.
I'm afraid that this court's idea of a "rational member" also could have come to no other conclusion than that Michael, "initial aggressor," bereft of the "right" to self-defense, should have permitted Mansur to snatch his gun from him and then shoot him dead.
Maybe then the three judges would have sighed with a satisfied kind of regret over the poor lieutenant who had given his all for their, frankly, demonic reading of the law. Instead, for having defended himself, for not having sacrificed himself to a charging terrorist, Michael and his family pay the price of Michael's freedom.
America: Is that justice?
Damn. Savage related ping as Doc S. is a big supporter of Behenna
As insane as this is and as bad as I feel for soldiers railroaded by PC in the military, I see only one solution. These men and their families have to set up a run for office for them and get them into Congress and the senate, if not into the presidency once they get out.
And then let them get their justice by gutting the system that so thoroughly screwed them.
Wonder how we would have done against Japan/Germany with the current administration and military establishment.
Given the moronic manner in which our best and brightest kids are treated - asinine rules of engagement, PC feminist baloney, homosexuals serving openly and so on - it’ll be a miracle if we have any combat-capable military in another five years.
It’s a shame.
The military, being the only government branch which actually has anything important to do, has heretofore more or less escaped PC destruction.
Looks like that’s changing, however.
I don’t know much about this case, but I would not advise anyone to join our military. It is another institution the Left has won, like the media, ABA, academia, etc. It is Diversity Bender-Gender Inc.
...the term “initial aggressor,” is puzzling...when do things initialize?
Frag time...
Things not mentioned in the story.
“...while returning the prisoner to a checkpoint as ordered, Behenna and his platoon stopped at a bridge and, with the help of his Iraqi interpreter nicknamed “Harry”, tried to question Mansur on the April 21st attacks.”
“According to the interpreter, “Lieutenant Behenna started talking with Ali Mansur and Sergeant Warner followed them. Behenna and Warner started taking off Ali Mansur’s clothes with their knives. They then cut his handcuffs.”
“Behenna ordered the detainee to sit, the interpreter said, adding that Behenna seemed to be keen to get information from the detainee regarding the IED attack on U.S. troops in April. Behenna asked the detainee several times: “What do you know you have to tell me.” “Ali Mansur said I will talk to you but Lieutenant Behenna pulled trigger and killed him,” the interpreter said, speaking in English.”
A very different story than self defense.
“Before we started the patrol, Lieutenant Behenna told Ali Mansur ‘I will kill you’. I thought Lieutenant Behenna was trying to scare him. I did not think he would go through (with it),” the interpreter added.”
“I was standing 10 metres (yards) back during the shooting — I could see everything even if it was getting dark — and Sergeant Warner was next to me.”
“Warner then “took the grenade from his pocket, pulled the safety ring, walked around and put the grenade under Ali Mansur’s head. “Then they hid his clothes, and Behenna and Warner went back.”
“Two U.S. soldiers from the same battalion as the accused also testified against Warner. Corporal Cody Atkinson said that Behenna and Warner, armed with a grenade, took Mohammed out of the vehicle and under the bridge.”
“...the next day local villagers found Mansur’s naked, burned body in the culvert. On July 31 of 2008 Behenna was relieved of his command and charged with the premeditated murder of Ali Mansur Mohamed.”
What are the names of these three “judges”? What are their backgrounds? Where do they live? They need to be identified and shunned by all decent people.
Same Obamalogic that instructed Border Patrol agents to hide out and call the cops in any emergency situation.
What are the names of these three “judges”? What are their backgrounds? Where do they live? They need to be identified and shunned by all decent people.
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Agreed.... and held up to ridicule in blogs.
WTF????? Nooooooooooooooooooooooooooooooooooo
Sorry, I don't buy it.
vaudine
Whatever occurred it does sound like a trifle more than just a question of a split second decision under panic. There was a very risky situation being deliberately built up here.
I’m sure the defense cross examined the witness.
And why did Mansur’s body end up being burned? Shouldn’t it have been hauled in as is for forensics sake? I guess if you’re a ditz in Florida you get away with destroying evidence and go scot free, but for a troop, that might be frowned on a tad more.
Lets see now, the chief witness against OUR man is the interpreter.
You almost have to go back to WWII when the CO of a Japanese Submarine was called to testify AGAINST the CO of the USS INDIANAPOLIS (CA-35) in the sinking of the Cruiser. Capt McVay eventually committed suicide and I think the only thing that kept him out of Leavenworth was the public outcry and a couple of Pols going to bat for him.
They also tried to ‘railroad’ LCDR Lloyd BUCHER, CO USS PUEBLO (AGER2) and like in the McVay situation, the majority of his crew and Senior Naval Officers stood behind him.
On the other hand, we can take some REMF Army Major, shoot up Ft Hood and we don’t want to embarrass anyone so he remains untouched.
When it comes to granting a full pardon, whom do you think BO will release?
Has this interpreter been tagged as Muslim? Some of them are Arab Christians.
Some of them are Arab Christians.
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I really don’t care if the interpreter is a practicing Catholic or Jew.
Also, I am sorry if I led you to believe that I tagged him with being a Muslim - it was strictly unintentional.
When we start convicting our people with the ‘star witness’ being ‘one of them’, we have a problem.
Of course our people will ID this gentleman and alert his Government when we ‘send him home’ and they will take care of him.
There used to be a ‘joke’ back in the 50/60’s that every time the Russians arrested an American for spying, America arrested 5 Americans for spying.
Sadly, this is what I’m advising my kids. At least for now, steer clear of the US military.
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