Posts
Court Martial of Navy SEALS : Lawmakers demand some slack to men accused in beating of Fallujah mastermind
December 4, 2009
The entire article is posted at: http://www.suntimes.com/news/metro/1920506,CST-NWS-seal04.article
BY SUN-TIMES STAFF
The images of the slain, burned and mutilated Blackwater contractors hanging from a bridge in Fallujah, Iraq, in 2004 -- with cheering crowds around them -- shocked the United States.
The man accused of masterminding the ambush and slaughter of the four Americans is now in U.S. custody, but three Navy SEALs are facing charges in connection with an alleged post-arrest assault on the man.
» Click to enlarge image
U.S. Rep. Duncan D. Hunter (R-Calif.), an Iraq war veteran, asked Defense Secretary Robert Gates to look into charges leveled against three Navy SEALs in connection with the alleged abuse of a detainee in Iraq in September 2009.
(Sun-Times Media)
Now, congressmen are lining up in defense of the SEALs -- one of whom grew up in Blue Island -- by offering passionate speeches and asking for a new look at the charges.
Rep. Duncan D. Hunter, a Republican from the San Diego area and an Iraq war veteran, told the Navy Times on Thursday he is asking Defense Secretary Robert Gates to look into the charges against the SEALs.
"It's just so absurd. I mean, they split his lip. In a boxing situation, that's legal," Hunter said. "They punched a terrorist in the face and, boom, we're going to launch these guys out of the Navy."
U.S. Special Operations Command Central on Oct. 2 charged three SEALs -- Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe, and Special Warfare Operator 1st Class Julio Huertas, originally of Blue Island -- with various violations after the early September capture of Ahmed Hashim Abed, who the U.S. suspects planned the 2004 ambush.
McCabe is charged with one count each of assault, dereliction of duty and making a false official statement. Keefe is charge with one count each of dereliction of duty and false official statement. Huertas is accused of dereliction of duty, false official statement and impeding an investigation.
Rep. Ted Poe, a Texas Republican, said in a House speech this week that congratulations -- not charges -- should be in order.
"The nation is at war," he said. "You know, punching occurs in war. Shooting also occurs in war. Instead of a court-martial, the SEALs should be dispatched to go and capture another terrorist. But that's not happening. They are going to be court-martialed because some terrorist supposedly got a bruised mouth."
"We should be celebrating this achievement, and these Navy SEALs should be getting medals for their work doing what we've asked them to do. But that's not what is happening."
Rep. Dan Burton, an Indiana Republican, said at a House committee hearing Wednesday that charging the SEALS "is crazy."
"I think if the Germans in World War II had killed and mutilated American troops and hung them from a bridge and somebody busted them in the mouth when they captured them, they wouldn't have been court-martialed," he said.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Court Martial of Navy SEALS : Lawmakers demand some slack to men accused in beating of Fallujah mastermind
Navy SEALs court martialed over alleged assault of detainee
SEALs charged in alleged assault of detainee
By Gidget Fuentes - Staff writer
Posted : Tuesday Nov 24, 2009 17:41:46 EST
SAN DIEGO — Three Navy SEALs are facing court-martial for allegedly assaulting and mishandling a detainee they captured in Iraq in September, military officials said.
The three SEALs — Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe, and SO1 Julio Huertas — will be arraigned Dec. 7 in a military court in Norfolk, Va., said Army Lt. Col. Holly Silkman, a spokeswoman with U.S. Special Operations Command Central.
McCabe is charged with one count each of assault of the detainee, dereliction of duty and making a false official statement, Silkman said. Officials accuse McCabe of “willfully failing to safeguard a detainee,” Silkman said.
Keefe is charge with one count each of dereliction of duty and false official statement; Huertas is accused of dereliction of duty, false official statement and impeding an investigation, she said.
Army Maj. Gen. Charles Cleveland, SOCCent commander, preferred the charges against the SEALs and will serve as the convening authority as the cases proceed to court-martial, tentatively scheduled for mid-January, Silkman said.
None of the SEALs is confined, she added.
The alleged incident happened in Iraq on or about Sept. 1, Silkman said. “The one thing I can’t talk about is this alleged victim,” she said.
No other details about the alleged incident were immediately available.
The SEALs have been assigned military attorneys to defend them in the cases, which will be tried separately as special courts-martial.
One defense attorney said they had refused to accept nonjudicial punishment, administrative actions that some in the military may consider as a admission of guilt.
Neal Puckett, a defense attorney who is representing McCabe, said the SEALs are being essentially charged for allegedly giving the detainee “a punch in the gut.”
They are expected to plead not guilty when they appear at their arraignment. “They are all together and they all maintain that they are innocent of these charges,” said Puckett, a retired Marine Corps lieutenant colonel and judge advocate.
The SEALs were on the tail-end of their deployment to Iraq when the alleged incident happened, he said.
Puckett offered no details about the alleged incident, but said that “in a combat environment, the handling of a detainee … these things happen all the time and can easily be justified as maintaining [control of] a detainee.”
McCabe’s special court-martial is slated to begin Jan. 19, he said.
Huertas, 28, is originally from Blue Island, Ill., and enlisted in 1999. He has served in special warfare units since 2002. He has an Iraq Campaign Medal and was advanced in June 2006, Navy records show.
McCabe, 24 is originally from Perrysburg, Ohio, and enlisted in 2003. He served on the Amphibious Assault Ship Belleau Wood before training in special warfare. He was advanced in September 2007, Navy records show.
Keefe, 25, is originally from Yorktown, Va., and enlisted in 2006. He began SEAL training the same year, Navy records show. He was last advanced in June 2008.
Cmdr. Greg Geisen, a Naval Special Warfare Command spokesman in Coronado, Calif., referred all questions about the charges to SOCCent.
The charges were first reported by Fox News, which posted a story on its Web site Tuesday, saying the charges surround the SEALs’ handling of Ahmed Hashim Abed, who is believed to be connected to the 2004 slaying of four U.S. security contractors in Fallujah.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
By Gidget Fuentes - Staff writer
Posted : Tuesday Nov 24, 2009 17:41:46 EST
SAN DIEGO — Three Navy SEALs are facing court-martial for allegedly assaulting and mishandling a detainee they captured in Iraq in September, military officials said.
The three SEALs — Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe, and SO1 Julio Huertas — will be arraigned Dec. 7 in a military court in Norfolk, Va., said Army Lt. Col. Holly Silkman, a spokeswoman with U.S. Special Operations Command Central.
McCabe is charged with one count each of assault of the detainee, dereliction of duty and making a false official statement, Silkman said. Officials accuse McCabe of “willfully failing to safeguard a detainee,” Silkman said.
Keefe is charge with one count each of dereliction of duty and false official statement; Huertas is accused of dereliction of duty, false official statement and impeding an investigation, she said.
Army Maj. Gen. Charles Cleveland, SOCCent commander, preferred the charges against the SEALs and will serve as the convening authority as the cases proceed to court-martial, tentatively scheduled for mid-January, Silkman said.
None of the SEALs is confined, she added.
The alleged incident happened in Iraq on or about Sept. 1, Silkman said. “The one thing I can’t talk about is this alleged victim,” she said.
No other details about the alleged incident were immediately available.
The SEALs have been assigned military attorneys to defend them in the cases, which will be tried separately as special courts-martial.
One defense attorney said they had refused to accept nonjudicial punishment, administrative actions that some in the military may consider as a admission of guilt.
Neal Puckett, a defense attorney who is representing McCabe, said the SEALs are being essentially charged for allegedly giving the detainee “a punch in the gut.”
They are expected to plead not guilty when they appear at their arraignment. “They are all together and they all maintain that they are innocent of these charges,” said Puckett, a retired Marine Corps lieutenant colonel and judge advocate.
The SEALs were on the tail-end of their deployment to Iraq when the alleged incident happened, he said.
Puckett offered no details about the alleged incident, but said that “in a combat environment, the handling of a detainee … these things happen all the time and can easily be justified as maintaining [control of] a detainee.”
McCabe’s special court-martial is slated to begin Jan. 19, he said.
Huertas, 28, is originally from Blue Island, Ill., and enlisted in 1999. He has served in special warfare units since 2002. He has an Iraq Campaign Medal and was advanced in June 2006, Navy records show.
McCabe, 24 is originally from Perrysburg, Ohio, and enlisted in 2003. He served on the Amphibious Assault Ship Belleau Wood before training in special warfare. He was advanced in September 2007, Navy records show.
Keefe, 25, is originally from Yorktown, Va., and enlisted in 2006. He began SEAL training the same year, Navy records show. He was last advanced in June 2008.
Cmdr. Greg Geisen, a Naval Special Warfare Command spokesman in Coronado, Calif., referred all questions about the charges to SOCCent.
The charges were first reported by Fox News, which posted a story on its Web site Tuesday, saying the charges surround the SEALs’ handling of Ahmed Hashim Abed, who is believed to be connected to the 2004 slaying of four U.S. security contractors in Fallujah.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Fort Hood suspect ordered held until court martial lawyer says
Fort Hood suspect ordered held until court-martial
By ANGELA K. BROWN (AP) – November 22, 2009
FORT WORTH, Texas — The Army psychiatrist charged with killing 13 people at Fort Hood will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, his attorney said Saturday.
During a hearing at Maj. Nidal Hasan's hospital room in San Antonio on Saturday, a magistrate ruled that there was probable cause that Hasan committed the Nov. 5 shooting spree at Fort Hood, said his civilian attorney, John Galligan. Hasan has been at Brooke Army Medical Center since the shooting, and his attorney said Hasan has been told he has permanent paralysis.
Galligan told The Associated Press in a telephone interview that the judge also ordered Hasan to pretrial confinement, which usually means jail, until his court-martial. The military justice system does not have bail for defendants.
The magistrate ruled that Hasan will initially remain in the hospital, where he is in intensive care, Galligan said.
Saturday's hearing was closed to the media. Officials at Fort Hood, about 150 miles southwest of Fort Worth, declined to comment.
Galligan said Hasan has no feeling from the chest down and has limited movement in his arms.
Hasan was shot by civilian members of Fort Hood's police force after the shooting spree in a crowded building where soldiers must go before they are deployed to finalize wills, update vaccinations and get vision and dental screenings.
Hasan has been under guard at the hospital, Galligan said, and military officials have not told him how the pretrial confinement status will change anything.
"I don't know what rights and privileges he had that will now be changed, such as visitors of if they'll open his mail," Galligan said. "There are still many issues that haven't been addressed. I feel like I just wasted a day."
Hasan has been charged with 13 counts of premeditated murder. Authorities have not said whether they will seek the death penalty, his attorney said.
Galligan said he is concerned about where Hasan will be moved once he's released from the hospital, but he does not know when that will happen.
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
By ANGELA K. BROWN (AP) – November 22, 2009
FORT WORTH, Texas — The Army psychiatrist charged with killing 13 people at Fort Hood will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, his attorney said Saturday.
During a hearing at Maj. Nidal Hasan's hospital room in San Antonio on Saturday, a magistrate ruled that there was probable cause that Hasan committed the Nov. 5 shooting spree at Fort Hood, said his civilian attorney, John Galligan. Hasan has been at Brooke Army Medical Center since the shooting, and his attorney said Hasan has been told he has permanent paralysis.
Galligan told The Associated Press in a telephone interview that the judge also ordered Hasan to pretrial confinement, which usually means jail, until his court-martial. The military justice system does not have bail for defendants.
The magistrate ruled that Hasan will initially remain in the hospital, where he is in intensive care, Galligan said.
Saturday's hearing was closed to the media. Officials at Fort Hood, about 150 miles southwest of Fort Worth, declined to comment.
Galligan said Hasan has no feeling from the chest down and has limited movement in his arms.
Hasan was shot by civilian members of Fort Hood's police force after the shooting spree in a crowded building where soldiers must go before they are deployed to finalize wills, update vaccinations and get vision and dental screenings.
Hasan has been under guard at the hospital, Galligan said, and military officials have not told him how the pretrial confinement status will change anything.
"I don't know what rights and privileges he had that will now be changed, such as visitors of if they'll open his mail," Galligan said. "There are still many issues that haven't been addressed. I feel like I just wasted a day."
Hasan has been charged with 13 counts of premeditated murder. Authorities have not said whether they will seek the death penalty, his attorney said.
Galligan said he is concerned about where Hasan will be moved once he's released from the hospital, but he does not know when that will happen.
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Killings at the Canal: Convicted of murder
Killings at the Canal: Convicted of murder
Former First Sgt. John Hatley.
By Scott Zamost - CNN Senior Investigative Producer
For months, we wanted to hear from John Hatley.
He's the former first sergeant who had the idea to take four Iraqi detainees to a Baghdad canal and, along with two other sergeants, kill them.
Special Investigations Unit Correspondent Abbie Boudreau and I traveled to Germany over the summer where we interviewed Hatley's wife, Kim, and his attorney David Court. We told them it was important to hear from Hatley since he never testified during his court martial. Our only request: He should tell us what he wants the public to know.
Hatley is now serving a 40-year prison sentence at Fort Leavenworth after being convicted of premeditated murder and conspiracy to commit premeditated murder.
After numerous requests, one day in September, a two-page single-spaced typed letter arrived in the mail at CNN.
Hatley began, "I've been contacted numerous times through third party sources that you have requested a statement from me. Obviously, I'm sure you understand my apprehensiveness in making a statement to the media, but there are some issues I would like to take this opportunity to address."
He wrote of the "frustration" with the Army detainee policy that allowed the enemy to be released two or three days later because there was not enough evidence to hold them.
"An additional insult is that the units that capture these individuals are the same ones responsible to pick them up and release them. We've repeatedly found ourselves fighting the same enemy again and again."
He writes that the detainee rules have "extensive flaws" that the enemy "consistently exploits these to facilitate their release."
While he does not specifically address what happened, he does state: "I assure you the military spared no expense in the prosecution of my soldiers and me. If they would have spent half the time, effort and money in prosecuting the enemy as they had in prosecuting us, I assure you we would have never found ourselves in our current situation."
Finally, he says he love and prays for soldiers oversees and wishes them a safe return. He writes: "Also, don't worry about us, we'll be fine. As they'll understand, this is probably the safest place we've been in the last 10 years."-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Former First Sgt. John Hatley.
By Scott Zamost - CNN Senior Investigative Producer
For months, we wanted to hear from John Hatley.
He's the former first sergeant who had the idea to take four Iraqi detainees to a Baghdad canal and, along with two other sergeants, kill them.
Special Investigations Unit Correspondent Abbie Boudreau and I traveled to Germany over the summer where we interviewed Hatley's wife, Kim, and his attorney David Court. We told them it was important to hear from Hatley since he never testified during his court martial. Our only request: He should tell us what he wants the public to know.
Hatley is now serving a 40-year prison sentence at Fort Leavenworth after being convicted of premeditated murder and conspiracy to commit premeditated murder.
After numerous requests, one day in September, a two-page single-spaced typed letter arrived in the mail at CNN.
Hatley began, "I've been contacted numerous times through third party sources that you have requested a statement from me. Obviously, I'm sure you understand my apprehensiveness in making a statement to the media, but there are some issues I would like to take this opportunity to address."
He wrote of the "frustration" with the Army detainee policy that allowed the enemy to be released two or three days later because there was not enough evidence to hold them.
"An additional insult is that the units that capture these individuals are the same ones responsible to pick them up and release them. We've repeatedly found ourselves fighting the same enemy again and again."
He writes that the detainee rules have "extensive flaws" that the enemy "consistently exploits these to facilitate their release."
While he does not specifically address what happened, he does state: "I assure you the military spared no expense in the prosecution of my soldiers and me. If they would have spent half the time, effort and money in prosecuting the enemy as they had in prosecuting us, I assure you we would have never found ourselves in our current situation."
Finally, he says he love and prays for soldiers oversees and wishes them a safe return. He writes: "Also, don't worry about us, we'll be fine. As they'll understand, this is probably the safest place we've been in the last 10 years."-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Part 1 of the CNN Special: Killings at the Canal
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
9/11 Cases Will Go to Federal Court and Not Court Martial
----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
