Two Navy SEALs are scheduled to be arraigned in a military court today and another on a date yet to be determined, on charges that they mistreated one of the most wanted terrorists in Iraq. The terrorist, Ahmed Hashim Abed, is the alleged mastermind behind the murder and mutilation of four American security contractors in 2004. It is difficult to forget the images of the burned bodies being drug through the streets of Fallujah and hung from a bridge over the Euphrates River. It is even more difficult to comprehend that three of our soldiers are facing a court marshal for Abed’s successful capture.
What has become of our nation when we are providing counsel and constitutional rights for terrorists while we investigate and prosecute our military and intelligence officials? I cannot in good conscience stand by and let this sort of backward logic drag down the morale of our military and intelligence community. I have signed on to a letter asking Secretary Gates to review the court martial proceedings. I also plan to offer an amendment this week that will crack down on the overzealous prosecution our military and intelligence community.
We sent our armed forces into combat with the instructions to defeat the terrorists who seek to do us harm. Over the past ten months, we have threatened them with investigations and court proceedings for doing the job we asked of them. The men and women who put their lives on the line each and every day should not have to second guess themselves on the battlefield and neither should we.
If anyone should question the impact that this is having on troop morale, then look no further than the support group “Protest the Prosecution of 3 Navy SEALs” on Facebook. This 160,000 member group is comprised of active duty, veterans, family, and friends of those in harms way. One post from a soldier stated, “(Andrew L.- “I cant believe im actually reading this. as an Infantryman in the Army EOF (escolation of force) and ROE (…rules of engagment) is so harsh and retarted that it makes it horribly unfair. At times im actually affraid to shoot at iraqis who show hostle intent for the fact that i could go to jail… i guess my life isnt as im…portant as an iraqi thats doing something he shouldnt in the first place.”)”. Andrew L. is not alone in his view that he feels attacked by his own country and a few minutes reading of other service member postings to this group I mentioned will confirm this.
As a Navy veteran myself I am stunned to hear the fact that we have chosen to take the word of a terrorist over that of our own military members and more so it is completely unconscionable. Especially, when it is common knowledge that those who seek do us harm are trained to make false claims. To argue moral high ground in a time of war is both dangerous and naive. War is messy and our soldiers on the front lines are better positioned to see this fact than any of us back home. To handcuff our military in any manner is providing nothing more than aid and comfort to our enemy. Our military breaks things and they are the best in the world, except when those second guess their actions from back home. Nobody more than myself wishes and prays that our troops return home quickly and safely. But I find myself praying more that those in Washington will unify and actually support of our troops.
As a Navy veteran myself, let me say that I have never had my morale “dragged down” by the expectation that we complete our mission in a moral way. The murder and mutilation of anyone in that manner is inexcusable but we should never sink to the level of those that would do that or we dehumanize ourselves and are no better than them. The Navy SEALs are not being court martialed for the capture of a terrorist, as you have stated. They are being investigated for the mistreatment of a captive. Regardless of what we know, or allege, the terrorist did and regardless of whether or not he deserves counsel and US constitutional rights (and I don’t believe he does), that doesn’t mean that if we find that one or more of our own may have violated what is legally and morally acceptable, that we should look the other way. We have not sent our armed forces into combat to defeat the terrorists by the same morally derelict code that the terrorists follow so your logic that we are threatening them with prosecution for doing their job is flat-out wrong. Our country was built on upholding a higher standard than terrorists, fascists, and dictators, so let’s not let them win by dragging us down to their level. You mistake, or misstate, this as something similar to a civil case where the terrorist is dragging his captors into court and may profit by the judgement. This is a criminal case where we are trying to ensure that our troops have not violated the law or their orders. You may not have the background to know much about how a soldier or sailor thinks and wants to uphold moral laws, but as a lawyer you should at least be able to recognize the facts and merits of why they are being up to Court Martial without twisting the facts.
This is so backwards and un-American. If it weren’t so tragic and surreal, it would be comical.
Let me get this straight: Civilian trials with court appointed lawyers for the terrorists who killed thousands, and military tribunals for our special forces who are accused of roughing them up during capture. The American People deserve a clear, concise explanation from the Obama Administration.