According to multiple reports, three United States Navy SEALs have been charged in connection with an alleged assault on a suspected terrorist. The three SEALs have requested trial by court-martial instead of non-judicial punishment (NJP). The difference between the options is that a court-martial is similar in nature and process to a civilian criminal court, guilt must be proven before a ruling is made, while NJP is simply stating both sides of the case to a judge (the commanding officer) who generally delivers a ruling in the same sitting as the case being stated. Court-martial can involve many of the same process requirements as civilian criminal court proceedings, while NJP usually is completed, from presentation to ruling, within the same day.
In NJP, the commanding officer hears the complaint, receives an oral summation of the service member from the chain of command, reviews the service record of the service member, may ask the member for his / her input on the matter, and then either dismisses the case or hands down a "non-judicial punishment." Some examples of NJP are restrictions on personal liberties (confinement to quarters, not allowed to go to certain establishments, not allowed to leave base, etc.), additional work requirements, forfeiture of pay, reduction in pay grade, correctional custody and confinement on bread and water. NJP offers the unit commanders the option of being able to punish unit members for bad behavior while retaining the option for the member to continue his / her career, although frequent NJP will greatly impede progress, it won't result in the member being separated from service or incarcerated.
The choice of the SEALs to pursue a court-martial is based on the limited options for them at NJP. It should be noted that, legally, the defendant still retains certain rights at NJP, but in reality, those rights are often misunderstood and downplayed. NJP hearings are held at the discretion of the unit commanders, who often designate one day a week or a month where they will hear the cases, depending on the size of the unit. Often, there are multiple drug or alcohol cases and occasionally a smattering of other offenses, and most of the time, the evidence is solid and it is a simple matter to resolve the case quickly and move on to the next. However, in a case such as the one the SEALs are being presented with, it is a toss-up with respect to how smart it is to ask for court-martial.
If they are guilty at NJP, they could be demoted, fined, and have their liberty taken for a short period of time, but the most significant part of NJP is that it doesn't go away, it becomes a part of the service record. It stays with the individual for the rest of their career, which may be severely stunted by NJP.
If they are guilty at court-martial, they could be demoted, imprisoned and separated from the military with any of a number of less than honorable discharges, none of which are desirable, and almost all of which create problems for finding a job after any period of incarceration is completed.
As far as the actual case goes, the evidence, if any, witnesses, and statements are still being reported, but most reports seem to indicate that the "victim" was apprehended by the SEALs and turned over to Iraqi law enforcement or military police, to whom the "victim" made the allegations of abuse, and was then returned to U.S. custody. The U.S. military holds itself to a very high standard with regard to treatment of prisoners and detainees, so it is highly likely that any harm brought to the "victim" was incurred during apprehension of the individual, where the fight or flight reflex is triggered for most people, or during transport to a holding facility, during which the "victim" may have attempted to escape.
That is where the objective observations end for this article.
Many reactions to this event have been expressions of outrage at the accusations aimed at the SEALs, and some have called for the SEALs to be awarded the Congressional Medal of Honor. While I agree that the SEALs should be rewarded instead of punished, receiving a CMH for the apprehension of this dirtbag would be way off. The CMH is awarded for "conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty," not for being told to go to 123 Bravo Street, Dirtville, Iraq and arrest a guy who fits a certain description or looks like a person in a photo or answers to
One writer asked whether three NYPD officers would be held to the same standard, if they were to beat a suspect in custody. There are numerous ways in which these two situations differ, but I will agree on the principle that no individual should be abused by any law enforcement official, nor any person acting as or on the behalf of a law enforcement official or agency.
However, what the public does not know about the apprehension of terrorists in Iraq or Afghanistan is that there is usually a significant investment of time and resources used to track a "target." The special operations units are the final link in the "target evaluation and prosecution" chain, as they are the individuals designated to take action to capture or kill the target. The recommendation to capture or kill is based on intelligence estimates about the target's intelligence value (can the target provide info on other targets, etc.), but the final decision rests with the special operations team tasked to action the target. Sometimes a target is harder to apprehend than assessed and it is necessary to kill the target, or to abort the mission.
The comparison to law enforcement, under these circumstances, may seem indistinguishable to a casual observer, but it is necessary to remember that Navy SEALs are not glorified police officers, they are elite warriors, trained to kill as the rule, not the exception. The individual they apprehended was not a U.S. citizen that stole jewelry from someone's house, he was the mastermind of the deaths of four U.S. patriots who were murdered and defiled after death in a public spectacle. While it is certainly possibe that the SEALs simply walked up and knocked on the door and asked the guy to come with them, I'm going to say the apprehension of this person was somewhat more involved, and that quite possibly the individual was struck during his arrest. Much in the same way police officers often have to chase and physically restrain someone, these SEALs probably encountered some amount of disagreeable behavior on the part of the "victim."
I have seen pictures of detainees that had multiple lacerations to the head and face and multiple broken bones, and when asked how the injuries were obtained, the apprehending team leader reported that the individual had jumped through a glass window from the second floor of a building in an attempt to evade capture. So, yes, it's quite possible that this individual slipped while running, or that he spat upon one of the SEALs, eliciting a "butt-stroke" response, where the non-lethal end of rifle is applied directly and severely to the face or head of a person resisting the orders being given.
Personally, I believe the SEALs would have been well within their authority to simply execute this terrorist, and if they had done so, I would not have lost a wink of sleep over it. The only sleep I lose now is caused by thinking the reputations of these brave men may be adversely affected by the ridiculous assertions that a murdering terrorist was slapped in the mouth at some point during his apprehension or detention. Lucky for the terrorist, his proof (a fat lip) can't be self-inflicted...
Comments
Well said. Good perspective. I really hope these guys know what they are doing taking the route of the court martial. It would seem to me that that avenue offers little if any upside. Even if exonerated a drawn out trial where their names are revealed will effectively end (or atleast severely limit) their career as a covert operator. I find it hard to believe that their own commander who presumably is either a SEAL or a senior SOCOM officer would find them guilty of anything during an NJP proceeding. And depending upon the outcome in some circles that judgment (guilty or otherwise) would most likely be worn like a badge of honor among their peers in the community. I think America cannot have it both ways. If we want to be at war we have to be willing to accept the fact that rough men will do violence to our adversaries. Of course this must be within reason but I hardly see how a busted lip regardless of its cause warrants a claim of 'abuse'.
Unless the rules changed, their own commander is the sole person who can bring NJP charges against these individuals. Ergo, they are probably culpable and and their own chain of command felt compelled to charge them. The commander would have established the facts before the NJP charges were brought up. Sounds like they are guilty to me.........but this is Rogue America, so do whatever makes you feel comfortable.
Their immediate commanding officer would have been ordered by some kiss ass PC officer to bring charges. No SEAL officer would have done this on his own. I am a former SEAL as is my son. We both agree that this is total BS and that the Iraqi complainer is lucky that he is even alive.
this is a very sad story and I just want to say that I support the NAVY seals 100%. I guess this terrorist is nothing more than a wimp, crying foul over a bloody lip. Give me a break. My only regret is that the Navy seals didn't parade his body through the streets of Iraq and then hang him and his bloody lip from the nearest bridge.
that kiss ass PC officer would have to be somebody in the chain of command or a flag officer, likely in SOCOM.......like I said, these guys are likely guilty of whatever they are accused of, no matter how minor or severe. The news story left out a lot of facts, like when this happened, when the Iraqi was detained, the circumstances of the detention, etc........it all speculation at this point, but I sense these guys were needlessly slapping this detainee around for sport and got caught. Its funny how the bloggers are blaming this on the Commander in Chief.
The US is a nation of laws. These Seals are not above the law.
Jesse – The U.S. is indeed a nation of laws, however, this situation did not occur in the U.S. and the victim was not a citizen of the U.S. So far, there hasn’t been any indication that there is evidence the alleged assault was even committed on U.S. controlled soil abroad.
Pablo – I find it hard to believe that these SEALs were “needlessly slapping this detainee around for sport and got caught.” It seems more likely that the detainee thought he could garner special treatment from the Iraqis if he told them he had been mistreated by the Americans. I’m betting he didn’t think he would simply be handed right back to the Americans to defend the allegations.
Jesse James...you should have your head checked. These are the people PROTECTING YOU! If you don't like how our soldiers treat a terrorist that has killed other Americans then move to friggin' Canada you @SS!
Like I said A lot of unanswered questions at this point and the only information in the press appears to come from their lawyer through the filer of Fox News.....so I would take it all with a grain of salt. My point is that for them to be brought up in front of a Captain's Mast, their chain of command would have had to have its own credible, verifiable evidence that a crime against the UCMJ was committed. I doubt any commander is going to solely take the word of a detainee. A commander would do his own investigation before preferring any charges.
I've heard that Obama was upset that in the rescue of that ship captain who was held by Somali pirates, the Navy used a bit more force than Obama wanted so Obama promptly took credit and then down the road his administration is doing this as payback on the SEALS.
Either way the words "extenuating circumstances" given what the terrorist did to those contractors come to mind. This whole set of charges is an embarrassment to whoever filed them. I wish the Washington weenies would care as much about stoppoing the enemies who want to kill our people as they do about busting the shoes of the people who put their necks on the line every day to stand between the free peoples of the world and out enemies!
I am so completely on the side of the SEALs. I'm ex-Navy and the voice of SEAL76 rings true. Those of you who have been exposed to Marcinko's or Hackworth's experiences know that our government can often wander way beyond the line that those who risk life and limb regularly on our behalf deserve to have drawn in stone for their welfare and protection. These guys commit everything they've got to be at the pointy end of the spear for our sakes. The least we can do is back them up! May God bless them & keep them safe!
As a Navy Veteran, I am discusted by the actions taken by the Navy. These men should be given the Silver Star for their actions.Who ever brought these charges against the Men should be Keel Hauled.TALK ABOUT STUPID
P.S. I HAVE EMAILED MY CONGRESSMAN,SENATOR,AND THE WHITEHOUSE SUPPORTING THESE MEN
We carefully select the best warriors. We train these warriors. We send them to where they can practice their military skills. They are successful. Then we punish them. Even accusing them of brutality is a punishment. The terrorists are trained to complain of brutal force if captured knowing that our 'Bleeding hearts and bedwetters' will spank them. If they are granted a 'Jury of their peers' that would include a Muslim! Hung jury for sure. Death to all Muslim terrorists.
Mr. Parker..it must be gratifying to know that a bunch of chuckleheads read your column. Yes, we should give the Seals Silver Stars for slapping a prisoner around. Yes it is Obama's fault. Yes it was the SECNAV who brought the charges.
This is so ridiculous. I can’t believe that our government is betraying our service members like this. Those SEALs probably were treated worse in their training than this terrorist during his capture. I guess that our laws now are more or less weapons against those men and women who defend those very same laws.
Close Gautama Bay. Next time, just get rid of ALL the terrorists permanently. It works for most of us. I don't worry terrorists flying into the white house or neighboring hill. The terrorists' lives first and theirs second.
The three navy SEALS will always be heros NO MATTER WHAT. Go Navy SEALS!!!
I, too, support the SEALS. I do not support the terrorist. I am amazed at the inane attitudes expressed by self-described "chuckle-heads" like Pablo and Jesse James. Yeah, Pablo, as a matter of fact, this kind of vindictive crap against our service members and the intelligence community is Obama's fault. You think this kind of attack-our-own attitude doesn't come from the top down?
As for Jesse James, well, what can I say that could make his feelings toward this country any clearer than his own words? Liberals always retreat to the canard of "we are a Nation of laws" when they 1) get caught doing something they think is going to earn them a butt-kicking, or 2) they think they can get someone else in hot water. Did anyone notice we didn't hear that BS when Bill Clinton lied under oath and committed perjury?
Or, when Sandy Berger stole documents from the National
Archives? Or, when Tim Gietner failed to pay his taxes? Or, when Charlie Rangle failed to pay his? Nope, we are only a "nation of laws" when these chuckies say we are! You know, Jesse and Pablo, planes fly out of this great country every hour of every day. You are free to buy a ticket and get on one. No one will miss you.
Now, as to what Mr. Parker actually said in his column, I say "Well done!" You have laid out the difference in the two avenues open to these three heros in a logical and clear-cut manner, as usual. It is good that his columns generate such diverse discussions. It would be nice if the "chuckle-heads" (Pablo's words, not mine) would try refuting the facts (still unknown, as Mr. Parker said) instead of attacking the messenger. Try it, guys, you might like it!
I can't believe this. I am very upset to know that our own military officials want to prosecute these warriors for their valiant service. What does this do to the morale of the Warriors still out there looking for the next terrorist trying to attack us on our own soil? As an active duty service member I am disgusted with the this "Dog and Pony" show that our military is putting on just to please those in our goverment who have never served and are not willing to serve, but want to judge our warriors for the way they accomplish the mission. I agree with Seal76, no Seal commander would ever go after his own guys.
Hey Jesse...who are you to judge our brave warriors?? Shame on you!!! You don't get upset about how innocent people are killed every day by these crazy people but quick to judge how are Seals do their jobs. I bet the people he tortured and killed wish they were alive with their families today with only a split lip. Are the drugs PAST/PRESENT ? affecting your thinking or are you and the others just lost their minds?
GOD BLESS ALL OUR SERVICEMEN AND WOMEN!!! THE SEALS WILL BE IN MY PRAYERS
These men were doing their job as they always do, unknown to the public at large and in a professional manner. When asked to continue the mission, we must support our men, not charge them, demoralize them and hold them up to public scrutiny because the dirt bag alleges to have been roughed up. He was alive and apprehended, period. Don's ask our men to do a job then persecute them. The terrorist is lucky to be alive. Shame on you Jesse...gaf
I've read up on this issue. It turns out that a master at arms guarding the prisoner witnessed the primary accused seal walk in and punch the prisoner.
This is an Obamanation now, though. We have the first president who's been elected that has done so with the aid of political correctness at his side.
How does that relate to this situation? Or even the situation at fort hood?
We're now prosecuting our own sailors, soldiers, marines, and airmen on the battlefield, in the act of protecting our country.
All attempts to validate the prosecution of our protectors are sadly the world we live in today. A world where a lawyer is president of the united states, and commander in chief...
Therefore, let us not be surprised that the pharisee-type commander in chief runs, is prosecuting everyone left and right... And to further the point... When our liberties are taken away, it will never be Obama who is standing up for us. Just pay attention to his actions...
So, a fat lip can't be self inflicted? Hmmm...
Hey U Moron, your name says it all doesn't it? I am pretty sure Mr. Parker was being sarcastic about not being able to self-inflict a fat lip.
u moron - Congratulations! You have added nothing of value to this conversation, and I believe Sarah has sufficiently belittled you for it. Thanks for reading!
What Navy did the SECNAV serve with? This YoYo is just another one of Obama's puppets! Any American Patriot that calls Him/Her selve one, should be not only disgusted over this action by His HIGHNESS and Staff, they should demand that these politically correct idiots be REMOVED FROM OFFICE, period!!!
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