Fallujah

Military Judge Moves Trial of 2 Navy SEALs to Iraq

January 12th, 2010 |

Author: Toni

Here are the facts prepared by the Victory Institute:

SEAL 3 Special Courts-Martial
Last Updated: Jan. 11, 2010

3 SEALs from SEAL Team 10 are charged with allegedly abusing an al Qaeda detainee Ahmed Hashim Abed
• Most-wanted al Qaeda terrorist, captured by SEALs in Sept. 1 nighttime raid
• Suspected mastermind of 2004 ambush on Blackwater security contractors
◦ All 4 were former commandos, including a former SEAL
◦ Men were shot, burned, desecrated, and hung from a bridge

Extent of Injuries, Lack of Evidence
• Military charge sheets(1) state his wound amounted to a punch in the stomach
• Al Qaeda training manual(2) tells members to claim they have been tortured and mistreated
◦ Documented that detainees abuse themselves and each other to accuse their captors
• Medical personnel determined that the injuries were not from the operation
◦ Source says3 that Abed was armed during his capture (no shots were fired)
▪ SEALs could have hit him then, but didn’t
◦ Abed was initially turned over to the Iraqi police
▪ If Abed’s alleged abuse took place, how do they know the SEALs did it?
• No corroborating evidence(4)
• Military has been withholding evidence like photographs, medical reports5

The SEAL 3:
• SO2 Class Matthew V. McCabe, 24, of Perrysburg, Ohio
◦ Only SEAL charged with striking Abed
• SO 1 Julio A. Huertas, Jr., 28, of Blue Island, Ill.
◦ Charged with impeding an investigation
• SO 2 Jonathan E. Keefe, 25, of Yorktown, Va.
• All SEALs charged with dereliction of duty and making a false statement

Judicial Process
• SEALs were initially faced with “Captain’s Mast” (Article 15)
◦ Non-judicial punishment – Commanding officer determines their guilt
▪ Viewed as an admission of guilt
▪ Permanent mark on their career
▪ Could have ended their career as SEALs
◦ SEALs opted for trial by courts-martial
▪ Could face up to a year in military confinement, discharge for bad conduct, and forfeiture of two-thirds of their pay for a year
▪ Could also be exonerated
• Military and political leadership’s handling has already had a negative effect6 on our national security
• Instead of being treated as heroes, they are being tried as criminals
• Where is the line between being awarded a medal and being court-martialed?

Now, the military judge has moved the trial of 2 of these SEALs to Iraq so the Iraqi terrorist will be able to ~~testify~~ lie about the alleged abuse.

SEALs should face accuser during trials, military judge rules

If the government won’t bring a suspected Iraqi terrorist to the United States to testify about alleged abuse at the hands of a Navy SEAL, the trials of two commandos accused of not safeguarding him will be held in Iraq, a military judge ruled Monday.

In back-to-back hearings at Norfolk Naval Station, Cmdr. Tierney Carlos said Petty Officer 2nd Class Jonathan Keefe and Petty Officer 1st Class Julio Huertas each deserve to face their accuser – alleged terrorist Ahmed Hashim Abed.