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HOME > PUBLICATIONS > Exclusive: Courts-Martial for Navy SEAL Heroes Still Planned Despite Pressure, Questions

January 8, 2010

Exclusive: Courts-Martial for Navy SEAL Heroes Still Planned Despite Pressure, Questions

Chris Carter

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A top military commander has stated that courts-martial for three Navy SEALs charged with allegedly mishandling a terrorist detainee will continue despite pressure from both Congress and the American people.
 
The three SEALs were part of the platoon that captured of Ahmed Hashim Abed, a top al Qaeda leader during a nighttime raid in September. Abed is the suspected mastermind of a 2004 ambush who killed four Blackwater security contractors – including a former SEAL – in Fallujah, Iraq.
 
Petty Officer Matthew McCabe is the only SEAL accused of actually assaulting Abed, and also faces charges of dereliction of duty and making a false statement. According to the Newport News Daily Press, court documents state that McCabe's alleged assault amounts to a punch in the stomach.
 
Petty Officers Julio Huertas and Jonathan Keefe also face charges of dereliction and making a false statement. Huertas has a third charge that is pending investigation.
 
The trial is still set to continue despite a massive outpouring of public support. Thirty thousand Americans have signed Congressman Dan Burton's (R – Ind.) online petition calling for the military to end the prosecution. In December, Rep. Duncan Hunter (R – Calif.) sent a letter signed by 33 members of Congress to Defense Secretary Robert Gates requesting intervention. Later that month, Rep. Burton sent another letter, this time signed by 40 representatives asking that the charges be dropped. Over 98,000 people have joined a Facebook group supporting the SEALs, and over 114,000 have signed an online petition at Human Events.
 
“Instead of medals and commendations, our heroes are being met with twisted jurisprudence,” wrote Rep. Burton. “This sends a backwards message to our men and women in the military who are charged with carrying out dangerous missions and must often use aggressive force in dealing with al-Qaeda and the Taliban.”
 
Maj. Gen. Charles Cleveland, commander of the Army's Special Operations Command Central and the convening authority of the case, responded to the Rep. Burton's letter on December 15th, stating that he is more concerned with an alleged cover-up than he is with Abed's “relatively minor” injuries.
 
Gen. Cleveland wrote that Abed's “alleged injuries were inflicted several hours after the operation had ended, and while in the custody and care of the U.S. at Camp Schweidler's detainee holding facility.” But how could medical personnel determine exactly when Abed so-called injury took place, and how could they know that the injury wasn't self-inflicted, or as a result of his capture?
 
“If the injuries were insignificant, why are the reputations of 3 expert warriors on the line?” asks Kay Day at The US Report. Indeed, Gen. Cleveland could have simply let the matter go, but opted for non-judicial punishment, which the sailors declined; accepting the punishment could have ended their career in special operations.
 
But did the alleged abuse even take place?
 
Lesson 18 of al Qaeda's training manual says to convince the judge that the member was tortured and to complain of mistreatment to the court. It could be that Abed was just doing what he was trained to do – continue the battle from the courtroom (apparently the only environment that SEALs are vulnerable), whether the allegations are true or not. Unfortunately, it appears that the Pentagon is willing to risk the careers of three of the nation's best warriors in order to find out as anyone above Gen. Cleveland could put an end to the trial as well.
 
Consider the effect this has on not just the special operations community, but also our conventional forces in Iraq and Afghanistan. Today's battlefield has become an extension of the courtroom for our troops and has already had a significantly negative effect on our warfighting capabilities.
 
Day also asks, “Did military politics and political correctness perhaps play a role in their raising the allegations?”
 
Entirely likely. – especially when we consider the military's PC reaction to November's Fort Hood massacre, where Army Maj. Nidal Malik Hasan opened fire, killing 13 and wounded dozens more. Rather than asking commanders to be on the lookout for more jihadist activity from within the ranks, Army Gen. George Casey asked them to watch for a backlash against Muslim soldiers. Gen. Casey also said that “as horrific as this tragedy was, if our diversity becomes a casualty, I think that’s worse.” As to military politics, the current administration's view of “engaging the enemy” is not done at gunpoint, but diplomatically. Therefore, it behooves military leaders to behave accordingly in order to earn their stars.
 
Worse than a perceived loss of the Gen. Casey's beloved “diversity” is the loss of our military's desire to serve and fight. The Pentagon must take into consideration the loss of morale and unit integrity that today's Armed Forces experience because of cases like these. A soldier that is expected to fight both on the battlefield and in the court room can not win a war.
 
As of this writing, the trial is set to begin January 19th. Legal defense funds have been established to help the SEALs fight this battle. See here and here.
 
FamilySecurityMatters.org Contributing Editor Chris Carter hosts the talk radio program Unto the Breach, which covers international terrorism and issues of national security. He is a research analyst at the Counterterrorism Research Center of the Family Security Foundation. He also serves on the information committee of the 2010 Medal of Honor Convention project, and writes for The US Report. Visit him online at The Victory Institute.

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  Comments (12)

It's a pity that American servicemen and women feel they have the right to abuse their detainees. What then separates you from those you are pursuing? Regardless of his status as an 'enemy'. the SEALs had no right whatsoever to abuse this man. Righteousness is a strict mistress and her expectations never lapse. Perhaps those men and women in uniform would be better served by learning this lesson than by mistreating their prisoners.

posted by: ragged soul
Friday, January 8, 2010 at 09:06 AM

If Obama, Holder, and "ragged soul" had been around in 1947 we would have accorded the Nazi criminals rights under our Constitution and tried them in New York's courts. What "ragged soul" doesn't seem to understand is that under the rules of the Geneva Convention these "combatants" have no rights. They do not wear identifiable uniforms, they indiscriminantly kill innocent women, children and civilian bystanders and they exhibit no remorse. They are undoubtedly pure evil personified!

posted by: Donald Titus
Friday, January 8, 2010 at 10:35 AM

@ ragged soul? I don't doubt that for a second. We are talking here about a guy that got PUNCHED IN THE STOMACH!
Just which side of this war is General Casey on? He sounds like he's working for the enemy and obviously doesn't have the best interests of our men and women in mind. The jerk needs to retire and go back to his homeland.

posted by: mudmandon
Friday, January 8, 2010 at 11:46 AM

I would hope that the very recent comments of President Obama,addressing/calling a terrorist a terrorist and terrorist activities...terro
rist activities .will be clarified/amplified and rapidly disemminated to those persons who have thus far had to perform their duties Military and otherwise with a very strict political correctness doctrine. Their direction thus far has been so obtusely affected by a very radical approach to the war we need to fight ,as to NOT only confuse and render virtually useless,but to do actual harm. We cannot afford a trickle down... the new awareness ,if it is thus must be made clear to all of the officials,officers,non-commissioned officers,rank and file soldiers in the trenches. There can be no compromise. An enemy combatant is exactly that ...and not entitled to be Mirandized and tried in a civil/criminal court. This is time for a radical turn around of all the previous, foolishly applied political correctness spin. Just as no one can be a little bit pregnant...We are at WAR

posted by: Donald Cartmill
Friday, January 8, 2010 at 12:10 AM

raggedy man, there are only allegations that the terrorist was "abused" by the SEALS. You already have them guilty. Shame on you.

ECS

posted by: Elm Creek Smith
Friday, January 8, 2010 at 06:32 PM

ragged soul -- I do not know if you even live in this country. But, according to Mirriam Webster, this is the definition of abuse:

Main Entry: 1abuse
Pronunciation: \ə-ˈbyüs\
Function: noun
Etymology: Middle English, from Middle French abus, from Latin abusus, from abuti to consume, from ab- + uti to use
Date: 15th century
1 : a corrupt practice or custom
2 : improper or excessive use or treatment : misuse
3 obsolete : a deceitful act : deception
4 : language that condemns or vilifies usually unjustly, intemperately, and angrily
5 : physical maltreatment

Now, using the dictionary definition, specifically #4, I could say that your post was abusive.

You and GEN Casey need to spend some time on the front lines in Afghanistan, without the main stream media and/or the ACLU and see what your opinions are after a few weeks fighting for your life, let alone the lives of others depending on you. This is just my humble opinion.

posted by: Soldier's Mom
Friday, January 8, 2010 at 07:42 PM

I strongly suggest ragged soul that you throw yourself into the enemy camp of islamo-fascist terrorists and sing the same tripe song!!!

posted by: Rod James Phillips
Friday, January 8, 2010 at 09:14 PM

I've said in other venues that obama is NOT a Christian. He is a muslim. I've seen videos showing him speaking in arabic of the koran. I know this because he said first in English what he would say in arabic.
obama hopes no one stays in the military so sharia law can be implemented in our country. obama also hopes our economy fails for the same reason.
IF obama is still in office by Nov 2, there is the possibility that there won't be any elections held. And, you can blame obama for that.

posted by: marineseabee
Saturday, January 9, 2010 at 02:25 AM

Jan 19 Nation Wide Support Rallies planned for these 3 SEALs. Find out more at: http://www.SupportOurSEALs.com

posted by: Jirvin
Saturday, January 9, 2010 at 01:06 PM

The top brass who feel pressured by the White House to actually go through with the court martial should resign and bring their stories public. No military general in his/her right mind would actually proceed with this court martial unless they were threatened in some way by the White House. I say rather resign and lead a revolution rather than bow to those in the white house. IT IS TIME FOR ALL TO TAKE A STAND!!

posted by: Paulos Reveros
Saturday, January 9, 2010 at 02:59 PM

Should our warrior heroes be found guilty, the solution for future warriors is to not take any prisoners. Let the terrorists understand that they will not be captured, they will be killed. Is that a bit drastic? Maybe, but let's compare a punch in the stomach or bloody lip to cutting off heads (of a live people) or burning bodies and hanging them from bridges. We had better get our heads on straight and understand we are in a fight to the death with terrorists.

posted by: Bob Swindler
Friday, March 5, 2010 at 12:10 AM

Well Put Bob
Seriously Mr. Ragged Soul how does cutting one's head off or hanging and burning a person and videotaping the event to send your message to America, rank having rights in America. Last time I checked a brutal murderer like that would be convicted and in most states condemned to lethal injection. Oh yea and it would be most likely guaranteed that the person would get hurt during his capture before his trial Hello wake up, it happens every day in America!! If you take lives of others without remorse then why should you have rights. This freak got a fat lip, OMG are you serious.
So this court-martial would say to me don't capture the freak just kill him and say it was a causality of war. Good ole Pirate saying works here. Dead Man Tells No Tails!!! Go with it troops

posted by: j0esm00
Friday, March 26, 2010 at 09:57 AM