Navy SEALs Face Assault Charges for Capturing Most-Wanted Terrorist

Zaphod

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Navy SEALs Face Assault Charges for Capturing Most-Wanted Terrorist
Tuesday, November 24, 2009
By Rowan Scarborough

0_61_112409_fallujah.jpg

March 31, 2004: Iraqis chant anti-American slogans as the charred and mutilated bodies of U.S. contractors hang from a bridge over the Euphrates River in Fallujah, Iraq.

Navy SEALs have secretly captured one of the most wanted terrorists in Iraq — the alleged mastermind of the murder and mutilation of four Blackwater USA security guards in Fallujah in 2004. And for their trouble, three of the SEALs, members of the Navy's elite commando unit, are now facing criminal charges, sources told FoxNews.com.

The three have refused non-judicial punishment — called an admiral's mast — and requested a trial by court-martial.

Ahmed Hashim Abed, whom the military code-named "Objective Amber," told investigators he was punched by his captors — and he had the bloody lip to prove it.

Now, instead of being lauded for bringing to justice a high-value target, three of the SEAL commandos, all enlisted, face assault charges and have retained lawyers.

Matthew McCabe, a Special Operations Petty Officer Second Class (SO-2), is facing three charges: dereliction of performance of duty for willfully failing to safeguard a detainee, making a false official statement, and assault.

Petty Officer Jonathan Keefe, SO-2, is facing charges of dereliction of performance of duty and making a false official statement.

Petty Officer Julio Huertas, SO-1, faces those same charges and an additional charge of impediment of an investigation.

The three SEALs will be arraigned separately on Dec. 7. Another three SEALs — two officers and an enlisted sailor — have been identified by investigators as witnesses but have not been charged.

FoxNews.com obtained the official handwritten statement from one of the three witnesses given on Sept. 3, hours after Abed was captured and still being held at the SEAL base at Camp Baharia. He was later taken to a cell in the U.S.-operated Green Zone in Baghdad.

The SEAL told investigators he had showered after the mission, gone to the kitchen and then decided to look in on the detainee.

"I gave the detainee a glance over and then left," the SEAL wrote. "I did not notice anything wrong with the detainee and he appeared in good health."

Lt. Col. Holly Silkman, spokeswoman for the special operations component of U.S. Central Command, confirmed Tuesday to FoxNews.com that three SEALs have been charged in connection with the capture of a detainee. She said their court martial is scheduled for January.

United States Central Command declined to discuss the detainee, but a legal source told FoxNews.com that the detainee was turned over to Iraqi authorities, to whom he made the abuse complaints. He was then returned to American custody. The SEAL leader reported the charge up the chain of command, and an investigation ensued.

The source said intelligence briefings provided to the SEALs stated that "Objective Amber" planned the 2004 Fallujah ambush, and "they had been tracking this guy for some time."

The Fallujah atrocity came to symbolize the brutality of the enemy in Iraq and the degree to which a homegrown insurgency was extending its grip over Iraq.

The four Blackwater agents were transporting supplies for a catering company when they were ambushed and killed by gunfire and grenades. Insurgents burned the bodies and dragged them through the city. They hanged two of the bodies on a bridge over the Euphrates River for the world press to photograph.

Intelligence sources identified Abed as the ringleader, but he had evaded capture until September.

The military is sensitive to charges of detainee abuse highlighted in the Abu Ghraib prison scandal. The Navy charged four SEALs with abuse in 2004 in connection with detainee treatment.

Folks, if you're thinking of applying to a Service Acedemy, don't bother.

Become a lawyer, instead. They fight our wars now. :unhappy:
 
The only reason this is going to court martial is because they refused NJP, sounds to me like nothing is going to come of this, merely a procedural thing without knowing further details.
 
Of course, NJP isn't typical either.

I thought the most wanted terrorist was still bin Laden. :confused:
 
THIS IS SICKENING! What is going on with the world we live in?

So now, someone explains to me what is going to happen if our special forces cannot accomplish their missions for fear of being sued by the enemies they capture??
I don't get how these people even have the right to sue?

To recap this past month events: Army Major turned self- proclaim terrorist shoots on unarmed military personel on base; We conclude he was "stressed out" and he will plea insanity (well... that is ironic, are not all of them insane:confused:)

Navy seals arrest dangerous terrorist responsible for horrific acts but instead of being lauded they get arrested on charges brought forth by the aforementioned terrorist that he was assaulted :bang:

I think political correctness gone wild has caused us to loose even basic common sense. God help us now!:help:
 
Just goes to prove whether a JAG or civilian. A lawyer is a lawyer is a lawyer is a lawyer. Should have just shot the Ba****d. One of the guys they killed and mutilated was a former seal. I only hope this track back will go to "The Onion". If this is true I agree with Zaph. Don't put your life on the line for these ungrateful second guessing monday morning morons.
 
Anyone else concerned for the six ring circus they'll have in NYC soon? Not for the security of the city, but for the 'rights' that will be bestowed on the non-citizens on trial and how poorly they were treated.

They keep calling it a war, but more and more it's just a very expensive security detail.
 
The above story shows why Vince Flynn's novels are becoming so popular. Read them if you understand the philosophy of better to be judged by twelve than carried by six and you are the only witness.:thumb: I think NJP also includes an Article 15 which aint so bad so they must believe they are in the right to step it up a notch. By the way it is no longer a War. There is a new definition which I forget the nomenclature for.
 
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We are so over here in America:thumbdown:

I'm waiting for the cries of people like Pelosi stating: "We're not them"
/vomit

As stated above, should have just shot him and asked questions later.
 
I'm pretty sure since this happened overseas, they can get a civilian trial in New York...
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No we are not them and they are not us. They are a people who murder children and innocent civilians and use children as shields and train them from the cradle for hate and murder. They are the people of peace who believe that other than true conversion Dhimmi and Sharia Law is applicable to all as long as they pay the Jizya. They are the people stuck in the seventh century. As a noted Islamic scholar once stated on a radio talk show (without any historical proof by the way) we gave you your mathematics, your alphabet, your astronomy and some of your most beautiful architecture. As the host then asked, if even true that was almost two thousand years ago. What have you done for us lately?
 
This story has way to many loose ends.
The piece of camel dung in question was captured by the seals, placed in US custody and at this point the story begins to unravel. The high value prisoner is transfered to Iraqi custody, why? While in Iraqi custody the prisoner lodges a complaint about torture by the Americans so he is returned to US custody Why? The piece of crap claims abuse by Navy Seals and has a busted lip to prove it, yeah right if he was abused by the seals I think he would have more serious injuries than that.

The terrorist in question is no dummy he knows that if he had remained in Iraqi custody he would face a stay in an Iraqi prison ran by Iraqis that would make a US military detention center look like the Ritz. After a short stay at Iraqi prison he would receive a fair and speedy trial followed by his execution. As a prisoner of the Americans he would receive all rights granted to American citizens and a possible trip to NYC.

A court martial of the seals is a result of PC police paranoia each person in the chain of command saw a prisoner abuse case and decided this can't be decided at my level so kick it up to the next person in the chain of command so much for solving a problem at the lowest level possible.
Hopefully the media will tire of the story quickly so all charges can be dismissed and the seal team members can fade back into the missions assigned.
This is just my opinion
 
Gunner the court martial has nothing to do with PC paranoia (the NJP might have) but as the article say's they refused NJP which forces the case to court martial, a right of any service member.
 
A right of any service member not underway. For service members attached to an afloat unit, while they can refuse NJP, the command does not need to honor it. A reason for this....if you're out at sea, can you really provide all the needed frills for a Courts Martial? Maybe, but maybe not.


That's just a side bar to the main conversation. :thumb:
 
No we are not them and they are not us. They are a people who murder children and innocent civilians and use children as shields and train them from the cradle for hate and murder. They are the people of peace who believe that other than true conversion Dhimmi and Sharia Law is applicable to all as long as they pay the Jizya. They are the people stuck in the seventh century. As a noted Islamic scholar once stated on a radio talk show (without any historical proof by the way) we gave you your mathematics, your alphabet, your astronomy and some of your most beautiful architecture. As the host then asked, if even true that was almost two thousand years ago. What have you done for us lately?

AMEN!
 
If anyone has not read Lone Survivor, I highly recommend it. The book deals with the issue of whether or not to kill "innocent" civilians who might turn around and put US servicemen in danger/at risk of their lives. Fascinating story. It should be mandatory for SA ethics classes.
 
usna1985, the Lone Survivor, by Marcus Luttrel and Patrick Robinson, published in 2007? I'm going to read it even if I'm not taking SA Ethics. It looks like a terribly exciting read. Then I'll pass it on to my Plebe (even if he doesn't make the cut). Fingers crossed.:thumb:

There's another book by a similar name published in 2006. Just wanted to be clear on which one you meant. Thanks.
 
usna1985, the Lone Survivor, by Marcus Luttrel and Patrick Robinson, published in 2007? I'm going to read it even if I'm not taking SA Ethics. It looks like a terribly exciting read. Then I'll pass it on to my Plebe (even if he doesn't make the cut). Fingers crossed.:thumb:

There's another book by a similar name published in 2006. Just wanted to be clear on which one you meant. Thanks.
That's the one...Marcus Luttrell.

Steve
USAFA ALO
USAFA '83
 
That's the one...Marcus Luttrell.

Steve
USAFA ALO
USAFA '83

If I am correct, the Lone Survivor is about Michael Murphy. I read the book and it is amazing. It means something more because we both are from Long Island and I may be in the same situation in a few years.
 
here is the story from the Navy Times -
http://www.navytimes.com/news/2009/11/navy_seals_charged_fallujah_112509w/

The events described here are a bit different than OP.
The alleged incident happened in Iraq on or about Sept. 1, Silkman said. None of the SEALs is confined, she added.
The source said the charges stem not from the capture itself — which have a high potential for violence — but from later on, when Abed was under detention.
“If they really wanted to [beat] him that was the time do it,” during the capture, the source said. “That’s why this is so ridiculous.”
The charges were first reported by Fox News, which posted a story on its Web site Tuesday. The source confirmed that Abed was known by the military code “Objective Amber,” but could not say if the capture went down in the city of Fallujah or in the outlying area.
The source said the allegations began when a master-at-arms sailor assigned to guard Abed told a SEAL platoon commander that one of the operators had punched Abed in the stomach.
“This was reported by the SEAL platoon commander to the chain of command,” he said.
The incident occurred AFTER the capture - not as a part of the capture. If you want to be angry with anyone be angry at the SEAL who made the report up the chain of command.
Hopefully, the facts will emerge at the Courts Martial.
 
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