FreeRepublic Exclusive: LTC Allen West personally confirms 'no prosecution advisement' from Iraq.

LTC Allen West from Tikrit | December 10, 2003 | Jeff Head

[Jeff Head]

Upon hearing the preliminary news from Fox about LTC West and the disposition of his case last night (12/9/03) at about 11:15 PM mountain time, and the interview with his lawyer on O'Reilley, I fired an email off to the LTC for confirmation. I got a reply back from Iraq early this morning (12/10/03) confirming it. I am posting that email exchange:

Here is what I asked him in my email.

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Al,

We just got preliminary word on Fox from Atlanta (and I'm in Idaho so I am using FR to scour the net) that there will be no prosecution.

Apparently O'Reilley interviewed one of your lawyers and indicated:

"Col West's attorney was interviewed tonight. The attorney said that the investigating officer would recommend that there not be a court martial but that he might be reprimanded. Likely half of his salary for two months and that he would not lose his pension."

Is this accurate? If so, God bless you man...you should be promoted in my opinion, but this has got to be good news...sane news. Sounds like they, albeit belatedly. This should never have gone as far as it did and I only hope it has not effected the moral and willingness for other CO's to do what must be done over there.

Sincerely,

Jeff Head

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That email was sent at about 11 PM or a little after last night. This morning at 05:30 AM I Had the following reply from LTC Allen West himself. Here it is:

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Jeff,

Yes Jeff, that is pretty much it. My attorney contacted me by e-mail last night with the news. Furhterance of my career is not possible because of being relieved of command, death kiss!

I am thankful to God and looking forward to coming home and getting on with my life. Now it is just a matter of going before my CO and receiving the punishment, no problem. Stay in touch and I may be on a flight home within the week.

God Bless,

Al

---

I am glad that this good man, who understood the likely impact of his actions, but was willing to take them in that time-critical combat situation he faced in order to better accomplish his mission and minimize casualties to his troopers, and who in fact reported himself...I am thankful to God in Heaven that he will receive his full retirement and come away from this as honorably as he went into it.

We need more good men like LTC Allen West.

While I do not agree with the overall circumstances in this case, our military justice system has worked as the LLTC felt and hoped it should have and I am content in that. I am sorry LTC West had to go to such lengths to make it work, particularly in these circumstances we face as a nation. I will be writing my congressional representatives about it at length in the hopes that some adjustments, particularly in attitude, can be forthcoming.

---

Typo in link in reply #1, mod updated per request.

Thought everyone would like to know the latest from LTC West himself.

For those following and documenting this story, here are the earlier two threads I have posted on this topic here on FR.

Colonel West...you've got my back any time

LTC West responds to FR artcile

Jeff Head

[Jeff Head]

Well, it's not quite as black and white as you would make it appear.

The LTC was operating in what he deemed a time-critical circumstance where he believed his troops lives were imminently in danger and that this man had information regarding this.

As was posted by Freeper vet, Colorado_tanker on this post on another thread:

There are also affirmative defenses that a defendant may raise which would lead to acquittal even if the basic offense was proven. These include defense of a third person and duress (also known as the choice of evils defense) that are very much in play here. The legal picture is much more complex and LTC West has a lot more to talk about than has been portrayed here. He has an outstanding lawyer, so we'll see.

You also need to understand that prosecutors, including military prosecutors, have discretion in the decision to charge. Doubts about acheiving a conviction beyond a reasonable doubt should lead to a decision not to charge. I don't know what they've got other than West's own statement. If West prevails at the Art. 32, the charges probably shouldn't have been brought.

Based on the recommendation of the article 32, this is looking to be more and more the case.

West knew he had cropssed a line, and was and is willing to take accountability for it. He felt he was going to get a reprimand and that it would lead to his retirement at 20 years (which occurred between the time of the incident and the article 32 hearing). But, then he felt the choices given him by the JAG (retire now without his 19.9 years going towards retirement or face court martial) were unacceptable so he fought it. It looks like he is prevailing and I am glad he is.

But, in crossing that line and putting himself in and his career in jeopardy, he got information from the prisoner that led to the arrest of collaborators and the attacks in that area ceased. That's a pretty good indications that he was spot on...and something the article 32 had to have considered as to whether those statements were fabricated or without merit as some here suggest.

Anyhow, I agree with what he did under the circumstances and the way he has consistantly been willing to own up to it.

[Jeff Head]

Oops, my bad. Here is the proper link to that post by Colroado_tanker:

Post #356 HERE.

[Simcha7]

SHALOM!

Hi...Jeff,

Yes, I Agree With You about LT. Col Allen West.

He is an American War HERO!

Please tell COL. West that WE Love him and are Praying for him and his family.

It will be good to have him Home, even though his Troops will miss him greatly.

He is Truly a Man of Integrity and Faith, an Example of selflessness and Grace Under Fire for ALL of us.

He is indeed a Very Rare Treasure.

I hope that FOX Cable News will hire him as a Military Consultant and Commentator; then he can write his Book on his Experiences in Iraq.

He's going to need our Help and Support, and I pray that We will be there for him, because he gave his ALL for US.

[Dubya]

Thanks for the bump back and SEMPER FI.

[windchime]

Bump!

[zip]

I think you're adding in details from the death of CIA officer John Paisley in 1978.

You're right. Dang, it's awful to get old. lol

[Diva Betsy Ross]

Good to know.. thanks for posting.

[Ben Chad]

Nicely put. Would love to see a big helping served to the lead prick Bob Barr.

[Ben Chad]

I worry when the military becomes subject to the opinion of a public that, by and large, has not served, chooses to not to serve, and has no frickin' clue what-so-frickin'-ever about serving.

So to be fair, this whole matter should have been resolved by a vote of the men/women serving under LTC West.

[M Kehoe]

Good evening. How ya doing? We've got cloudy skies, a low of 54 degrees, and a northerly 5 knot breeze. Are you in Idaho now?

Thanks for keeping me briefed on LTC West. Article 15, he gets docked, but has the Honorable dis. and his pension. Excellent. Best you could hope for. (Other than a medal)

I hope he becomes a FReeper one day. I could thank him personally

5.56mm

[PhilDragoo]

Bush needs to acknowledge this man--and set the rules of engagement straight.

Mark Steyn illustrates we are still asking Syria's Assad nicely.

It's a war on terror--not tea with Aunt Mary.

[PhilDragoo]

I had called the Army Public Affairs office and spoke with a live person, as well as my Senator's staff person, and the White House comment line.

West obtained information from an obstinate witness which saved the lives of his men.

We are at war with terrorists, not crooking a pinky at tea with Aunty Mary.

Witness the lives saved by Specialist Ross when he shot at the approaching car bomb.

Tailhook responses a la Pat Schroeder are not appropriate for the current War on Terror.

[Dubya]

bump

[archy]

Jeff:

WND report FYI:

Lawyer: No court martial for Lt. Col. West
Officer who used shock tactics to save lives faces non-judicial penalty

An officer in Iraq who used shock interrogation tactics to thwart an impending attack on American soldiers will not face a court martial, according to his lawyer.

Lt. Col. Allen B. West will accept Article 15 non-judicial punishment from the commanding general of the 4th Infantry Division at a hearing Friday in Tikrit, Iraq, said Neal A. Puckett, a retired Marine officer.

Lt. Col. Allen B. West in undated family photo (Courtesy Angela West)

Puckett said in an e-mail, Maj. Gen. Raymond Odierno will conduct the hearing and decide whether West is guilty of aggravated assault.

The commanding officer has discretion to accept or reject the recommendation of administrative punishment from the officer who presided over West's preliminary hearing in Tikrit last month, Lt. Col. Jimmy Davis. But Puckett said all indications are that West will not be court martialed.

At his preliminary hearing, West acknowledged he allowed two soldiers to beat an Iraqi policeman who refused to reveal details of an ambush plot and fired his pistol near the man's head, threatening to kill him.

If found guilty, the punishment could include a letter of reprimand and perhaps some forfeiture of his pay, Puckett said.

That punishment would be recorded in his official military record, but does not amount to a federal conviction, the lawyer emphasized, which can only be adjudged by a court martial.

"We presume that he will be ordered back to Ft. Hood [Texas] thereafter, but a timeline for his return has been neither established nor promised by the Army," Puckett said. "All indications are that Lt. Col. West will not be ordered to face trial by general court martial, and will be allowed to retire in the grade of lieutenant colonel sometime in the spring of 2004."

Last month, the chairman of the House Armed Services Committee appealed to the acting secretary of the Army to intervene on West's behalf. In a letter, Rep. Duncan Hunter, R-Calif., and a senior member of his committee, Rep. John H. McHugh, R-N.Y., said they were "highly disturbed" the Army was considering criminal action against West.

As WorldNetDaily reported, under threat of an attack, West took charge of the interrogation of an Iraqi policeman, Yahya Jhodri Hamoody, determined to flush out details as he warned subordinates "it could get ugly." Threatening to kill the Iraqi if he didn't talk, West fired a pistol near the policeman's head.

The scared policeman then immediately disclosed the information, leading to the arrest of two Iraqis last August and cessation of attacks on West's 4th Infantry Division battalion.

At the hearing last month, West was asked by his defense attorney if he would do it again.

"If it's about the lives of my men and their safety, I'd go through hell with a gasoline can," he said.

"But that's what's going on out there in the streets here, and that's how I feel about my boys," he told the hearing, held in one of Saddam Hussein's lavish palaces. "There is not a person in this room I would not sacrifice my life for."

But Army prosecutors believe his actions in the town of Saba al Boor, near Tikrit, violated the Uniform Code of Military Justice. He has been charged with aggravated assault and has faced a wide range of possible outcomes from no disciplinary action to a sentence of up to eight years in prison.

The prosecutors gave West a choice – face charges or resign within days of his 20 years of service, losing retirement benefits. West chose to face the charges and place his fate in the hands of Maj. Gen. Raymond Odierno.

Hunter and McHugh contended West's actions "were necessary to protect the lives and safety of his men" and were reported immediately to his superiors.

"To us, such actions if accurately reported do not appear to be those of a criminal," they said in the letter to Acting Secretary Les Brownlee.

The lawmakers asked Brownlee to "expeditiously provide us" with the investigation reports that led the division's commanding general to start the proceedings that could lead to a court martial for West.

They also asked Brownlee to "closely examine this matter and provide us with your assessment of facts and circumstances."

West also was defended by Senate Armed Services Committee Chairman Sen. John Warner, R-Va., and a subcommittee chairman, Sen. James Inhofe, R-Okla.

Inhofe told Brownlee, who was appearing before the panel, it would send the wrong signal "if we end up punishing someone for saving men in his command. ... He should be commended."

Warner, noting West's reputation as a respected combat leader, said he would "have a high level of concern" about possible criminal charges against West.

The Congress members have no official power over a potential military criminal case but carry weight because of their hold on the Army's budget and weapons programs.

West and Puckett are at a Forward Operating Base near Tikrit. In a statement provided to WorldNetDaily, Puckett noted several witnesses at the hearing testified about West's high-profile role in civil military operations.

West was helping Iraqis rebuild their towns, re-establish public services and utilities and begin the transformation to a democratic process for governance, Puckett said.

The officer spoke often in front of community leaders and sheiks at meetings in the town of Saba al Boor "and earned their trust by delivering the assistance he promised."

"In return," said Puckett, "the sheiks told an interpreter that they were protecting the Americans from attacks because of their respect for and trust in Lt. Col. West."

Puckett said if citizens want to express their view, they can contact their Congress members in the House of Representatives and the Senate or the Army. An e-mail to the Defense Department can be sent via this page by clicking the "Ask a question/Make a comment" tab at the top of the page.

West can be contacted by e-mail and his wife has her own e-mail address.

Angela West has set up a legal fund for her husband with the following address: Allen West Defense Fund c/o Angela West, 6823 Coleman Drive, Ft. Hood, TX 76544.

Previous stories:

Congressmen back Lt. Col. West

Officer facing charges would do it again

Bob Barr: Lt. Col. West no hero

'Heroic' officer clings to faith

Americans rally behind officer who foiled plot

Officer fights charges after protecting troops

Prison for officer's effort to foil attack?

[Jeff Head]

I have flagged him to this thread and believe he will see it...I will also pass on those snetiments to him via email. I agree.

[Jeff Head]

You're welcome.

[Jeff Head]

Cloudy, 40 degrees and a cold rain here in SW Idaho. Possible snow tonight.

I know he has looked at threads here and I have flagged him to this one.

In the current circumstances, this is very good news for Al West. Not the commendation that we would hope for, but probably the best we can expect at this point. It is what he indicated he expected from the get-go.

[Jeff Head]

Thanks for posting that artoicle. it really deserves a thread of its own.

Good info there. Sounds like he will retire in the Spring...and be home sometime soon.

I will email him and ask him to let us know when he is coming home. I'd like to be there to greet him if I can at all possibly make the trip down. I may be down Texas way soon in any case.

[archy]

Thanks for posting that artoicle. it really deserves a thread of its own.

Good info there. Sounds like he will retire in the Spring...and be home sometime soon.

It will be, I'm sure. If noone else gets it up before tomorrow, I'll do it.

Don't miss this one, either....

[Kevin Curry]

Reading between the lines, it appears the investigating officer has recommended disposition under UCMJ Article 15 (considered administrative punishment)--which could include a reprimand and forfeiture of one-half pay for two months.

That's good news in that the investigating officer hasn't recommended court-martial. On the other hand, it leaves matters unsettled. The court-martial convening authority could indeed disagree and either drop the matter altogether, impose a bare reprimand . . . or even convene a court-martial despite the recommendation.

It does not often happen that the convening authority disagrees with the investigating officer and convenes a court-martial anyway--but it does happen.

It isn't likely to happen here.

Nevertheless, LTC West's military career is over.

I hope he runs for Congress . . . as a Republican, of course.