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United States News
See other United States News Articles

Title: 40 Congressmen Call on Special Ops Commander to Dismiss Case Brought Against Navy SEALs over Alleged Punching of Terrorist
Source: CNS News
URL Source: http://cnsnews.com/news/article/58469
Published: Dec 14, 2009
Author: Fred Lucas
Post Date: 2009-12-14 20:13:23 by Joe Snuffy
Keywords: Obama, Domestic Terrorism, War on Terror
Views: 2348
Comments: 9

40 Congressmen Call on Special Ops Commander to Dismiss Case Brought Against Navy SEALs over Alleged Punching of Terrorist Monday, December 14, 2009 By Fred Lucas, Staff Writer

(CNSNews.com) - Forty members of Congress are calling on the military commander who ordered the court martial of three Navy SEALs over the alleged punching of a terrorist to dismiss the charges.

The letter, circulated by Rep. Dan Burton (R-Ind.), was sent Thursday to Army Major Gen. Charles T. Cleveland, commander of Special Operation Command Central. Gen. Cleveland ordered the prosecution of the three SEALs.

“In our opinion, prosecutorial discretion should have been exercised,” the 40 congressmen said. “Failing that, we respectfully and strongly urge you to exercise your leadership authority, stop the impending court martial and exonerate these men.”

Earlier, 33 House Members had signed a letter to Defense Secretary Robert Gates asking him to intervene in the case. That letter had been circulated by Rep. Duncan Hunter (R-Calif.). Military law experts told CNSNews.com, however, that the Defense secretary’s ability to intervene in a court martial could be limited.

U.S. congressmen representing two of the SEALs’ home districts signed the letters. Only Republican members signed the letters.

Rep. Bob Latta, who represents the Ohio's 5th Congressional District that includes Perrysburg, Ohio, signed both of the letters. Perryburg is the hometown of one of the three SEALs, 24-year-old Petty Officer Second Class Mathew McCabe.

McCabe was part of the SEAL team that captured Ahmed Hashim Abed, the alleged architect of the murder of four Blackwater USA security guards in Fallujah, Iraq in 2004. The bodies of the four Americans were mutilated, burned and hanged from a bridge over the Euphrates River.

McCabe has been charged with assault for allegedly punching Abed in the midsection. He has also been charged with dereliction of duty for allegedly failing to protect Abed and with allegedly making a false statement by denying the incident. Two other SEALs, Petty Officer Julio Huertas, 28, and Petty Officer Jonathon Keefe, 25, have been charged with alleged dereliction of duty for not protecting Abed and for allegedly making a false statement. Huertas has also been charged with allegedly impeding an investigation.

Rep. Latta will have more to say on the matter in the near future, his spokesman Bob Popp told CNSNews.com Friday.

Keefe is from Yorktown, Va., part of the state’s 1st Congressional District represented by Rep. Rob Wittman, who signed Rep. Hunter’s letter to Gates.

“After hearing the case of these three Navy SEALs, one of which is a constituent of mine, I and many of my colleagues were concerned with the message this would send to our soldiers, sailors, Marines, and airmen who serve in harms way every day,” Wittman told CNSNews.com in a statement.

“These service members often risk their lives in dangerous and uncertain situations, and in this case, they captured one of the most wanted terrorists in Iraq. I am eagerly awaiting the secretary of defense’s response to the letter I signed in defense of these SEALs,” Wittman continued. “While I do not believe that the prosecution of these men is warranted, I do have full faith and confidence that the military justice system will bring all the facts to light.”

Huertas is from Blue Island, Ill., part of that state’s 1st Congressional District, which is represented by Rep. Bobby Rush, a Democrat. Rush did not sign either of the letters. Rush’s spokeswoman Sharon Jenkins told CNSNews.com that he will not be making a statement on the matter now, but “will continue to monitor the legal proceedings.”

The Burton letter said the SEALs should have been hailed as heroes instead of being vilified for allegedly assaulting Abed, who was in custody during the alleged Sept. 1 incident.

“Al Qaeda’s own handbook instructs their operatives to allege detainee abuse if detained by American forces,” Burton’s letter says. “We’ve seen repeated cases of this since the conflicts in Iraq and Afghanistan began.”

“General, surely you agree that we are in a war that we must win,” says the Burton letter. “Our military personnel are putting their lives on the line every day trying to track down terrorists who want to indiscriminately kill Americans. Our troops and our SEALs need to be bold and decisive in combat; not looking over their shoulder fearing legal jeopardy for every action or gesture.”

The letter from the congressmen to Gen. Cleveland may have more chance of succeeding than the letter from the congressmen to Defense Secretary Gates.

Under the Uniform Code of Military Justice, it is the “convening authority” who has the power to take action in a court martial. In this case, that is Gen. Cleveland. While Gates technically may have the authority to get involved, the exercise of that authority is complicated by a military court rule called “unlawful command influence.” The rule says that no high ranking commander--such as Secretary Gates--may interfere with a court martial or military tribunal conducted by a lower level commander--such as Gen. Cleveland--regarding “functions of the court-martial or tribunal or such persons in the conduct of the proceedings.”

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#1. To: Joe Snuffy, *SOCOM* (#0)

ping

GarySpFC  posted on  2009-12-14   20:20:49 ET  Reply   Trace   Private Reply  


#2. To: All (#0)

Haditha 'scapegoat' cleared of misconduct claims But panel says U.S. Marine still must retire from service

Joe Snuffy  posted on  2009-12-14   21:19:54 ET  Reply   Trace   Private Reply  


#3. To: GarySpFC (#1)

Gary,what,if anything,do you know about Cleveland? I've been able to web-trace him back to his early days as a intelligence branch officer with the 10th at Devens,where he was a recent WP graduate (class of 78)and Lt. He was in Bosnia in some capacity when we took over from the British there,but I have no idea what his job was there. Then it jumps to him being LTC at the advanced boys school at Leavenworth. He seems to have spent a lot of time on staffs writing papers,and to have been on a career fasttrack since day one.

Which could mean that he is a VERY bright hardworking guy,or somebody with connections. Or both,I guess.

I haven't seen any list of awards and decorations,so I have no idea if he has ever been out there in a operational sense,or if his whole career has been dedicated to staff work.

sneakypete  posted on  2009-12-14   21:26:33 ET  Reply   Trace   Private Reply  


#4. To: Joe Snuffy, *Crime and Corruption*, *Military or Vets Affairs*, *SOCOM* (#0)

ping

sneakypete  posted on  2009-12-14   21:37:58 ET  Reply   Trace   Private Reply  


#5. To: Joe Snuffy (#0)

"Huertas is from Blue Island, Ill., part of that state’s 1st Congressional District, which is represented by Rep. Bobby Rush, a Democrat. Rush did not sign either of the letters."

Name the Dems that signed.

Anyone.

-----------------------------------------------------------
Toss: ADL,CAIR and the Vatican into the pit they belong in.

WhiteSands  posted on  2009-12-14   21:50:42 ET  Reply   Trace   Private Reply  


#6. To: sneakypete (#3)

I've never heard of him, but I know a former SF Lt. Colonel, Rich Kiper, who works at Leavenworth. I will check him out if he is in town.

Richard L. Kiper is retired lieutenant colonel (West Point, 1967) who earned his Ph.D. in history from the University of Kansas. He has taught at West Point

Weapon of Choice: ARSOF in Afghanistan (Hardcover) ~ Charles H. Briscoe (Author), Richard L. Kiper (Author), James A. Schroder (Author), Kalev I. Sepp (Author) The purpose of Weapon of Choice is to share stories about Army special- operations Soldiers with the general American public, to show what various elements achieved during the war to drive the Taliban from power and to destroy al-Qaeda and Taliban strongholds in Afghanistan as part of the global war on terrorism. The aim is not to resolve Army special-operations doctrinal issues, to clarify or update military definitions, or to be the definitive history of the continuing unconventional war in Afghanistan. Rather, the aim is to demonstrate how the war to drive the Taliban from power, to help the Afghan people, and to assist the Afghan Interim Authority rebuild the country afterwards was successfully accomplished by majors, captains, warrant officers, and sergeants on tactical teams and aircrews at the lowest levels.

Major General John Alexander McClernand : Politician in Uniform by Richard L. Kiper

U.S. Army Special Operations in Afghanistan by Charles H. Briscoe, Richard L. Kiper Paperback

Dear Catharine, Dear Taylor : The Civil War Letters of a Union Soldier and His Wife by Richard L. Kiper (Editor) , Catherine L. Peirce

GarySpFC  posted on  2009-12-14   21:53:43 ET  Reply   Trace   Private Reply  


#7. To: sneakypete (#3)

I can't find much on Cleveland either. He seems to be a spook. If I find more tomorrow I'll let you know.

Fred Mertz  posted on  2009-12-14   22:21:04 ET  Reply   Trace   Private Reply  


#8. To: WhiteSands (#5)

Name the Dems that signed.

Not to worry, none have spines.

What's the difference between Racism_Boot's mouth and anal pore? There isn't any, they both spew gas and feces.

Ibluafartsky  posted on  2009-12-14   23:02:26 ET  Reply   Trace   Private Reply  


#9. To: Joe Snuffy (#0)

Contact info from 444Flyer:

Ray Mabus

Office of the Secretary of the Navy

2000 Navy Pentagon

Washington, D.C. 20350-2000

To file a citizen complaint regarding the treatment of these Navy Seals, please call 813-828-4976 on Monday… or send emails now to holly.silkman@soccent.centcom.mil

US Navy Judge Advocate General’s Corps : The Office of the Judge

Advocate General : Public Affairs : 1322 Patterson Ave., Suite 3000 :

Washington Navy Yard, DC 20374-5066

Comm: (202) 685-5493 : Phone Numbers: Washington Navy Yard: (202) 685-5190 :

Pentagon, Room 4C642: (703) 614-7420 :

AJAG, Military Law : 1254 Charles Morris St., SE

Washington Navy Yard, DC 20374-5047

Comm: (202) 685-7053

Only 40 signed???

Contact YOUR Reps and ask them to step forward:

Capital Switchboard Toll Free Numbers 800-965-4701, 800-828-0498

borntoweardiamonds  posted on  2009-12-14   23:06:06 ET  Reply   Trace   Private Reply  


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