I cede the field. I still don’t think the FBI should be negotiating with pirates, and I am more than a little concerned about how much operational control of a Navy mission they may have had. Clearly the USC shouldn’t be applied to agent of the government acting in official capacity, however I would be curious as to where that is defined.
You are right of course. The FBI is outside the chain of command of the naval commanders there, that alone creates friction, failures in communication, gaps in reaction — bad vibes. In such a situation even bad vibes are killing forces.
You can’t win on points of classroom and wood-paneled hearing room law here, that’s true. But that also is not the field.
Tell ODH to try holding a criminal trial in the middle of a prison yard when the inmates are out, and the guards are on strike. Maybe that would be an experience for him to use as a comparison.
The field in this case was one tiny boat and one big boat on a open sea, with killers and hostages on the small one. The law there is rescue. One word: rescue.
Like in that hypothetical trial in a wild jail yard — the law there would be one word too: survival.
ODH loves his law. But his kind of law as he loves it got 4 innocents killed.
Who knows? What we do know is that things went wrong, and a good commander's role is to reduce what can go wrong. Having a non-Navy team on that boat added greatly to what could go wrong.