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Sivits pleads guilty in Iraq abuse trial(1 year prison, reduction in rank, Bad conduct Discharge)
AP | 5/19/04

Posted on 05/19/2004 3:09:06 AM PDT by kattracks

BAGHDAD, Iraq (AP) — Spc. Jeremy C. Sivits pleaded guilty Wednesday to three counts of abuse in the first court-martial stemming from abuse of Iraqi prisoners at the Abu Ghraib prison.

Sivits was charged with maltreatment of detainees, dereliction of duty for failing to protect detainees from abuse, cruelty and maltreatment and maltreating one prisoner by escorting him "to be positioned in a pile on the floor to be assaulted by other soldiers."

Capt. Scott Dunn, Sivits' lawyer, entered the plea on his behalf and expressed concern about the huge media coverage of the trial, asking "can you make a fair decision?"

The judge, Col. James Pohl, replied: "Just because it's on TV, it doesn't mean it's true."



TOPICS: Breaking News; News/Current Events; War on Terror
KEYWORDS: courtmatial; iraq; iraqipow; sivits
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A question -

I recall my late husband (a Nam vet) saying that a bad conduct discharge was devastating because it would negatively affect your ability to get a job later on.

Is this still true?


81 posted on 05/19/2004 3:10:57 PM PDT by radiohead (Over toning the opponent since 2003)
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To: radiohead

It is if the employer thinks to ask to see the veteran's DD214. That is the document that specifies the character of a veteran's service, schooling, awards, assignments, rank at time of discharge, and nature of discharge.

My thanks to your late husband for his service, and to you for putting up with life as a soldier's wife!


82 posted on 05/19/2004 3:13:28 PM PDT by HiJinx (Coast Guard Academy Class of 2004 motto: "Forward without fear.")
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To: HiJinx
unless the charges are different or the type of courtmartial is different

Good point. I posted before I thought it all the way through. (first time I ever did that. lol)

83 posted on 05/19/2004 3:14:30 PM PDT by zip (Remember: DimocRat lies told often enough became truth to 42% of americans)
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To: Blood of Tyrants

Actually, Sivitz didn't get much of a deal. He got the maximum possible jail time, he got the reduction in rank, and the BCD. They didn't fine him or reduce his pay, which will ease the hardship on his family. That's it.


84 posted on 05/19/2004 3:21:27 PM PDT by Brandon
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To: Tiger500

"Third, are you going to agree with the detainee Iraqi families, that the guilty should be put to death?"

The irony is strange. We are told that it is horrible and wrong for terrorists and killers in prison to be abused and humiliated. So that punishment is too harsh.

Fine.

But the abusers and humiliators themselves deserve long prison sentences and more horrible fates, even death?!?!

Somehow our 'kill 'em all' instincts are reserved *only* for the American soldier?

Have we adopted the double-standards and perfidy of our enemy as the normal and normative moral stance?

hmmm? If the problem is that we should not over-punish or mistreat people, even miscreants, it sure has gotten out of whack. Interesting way to fight terrorism: Be harsher on our own soldiers than on our enemy. ONly our enemy could love that.

A better rule: Single standard. Things are right or wrong.
If wrong, let the punishment fit the crime. 'Nuff said.


85 posted on 05/19/2004 3:22:23 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: zip

Yeah, right!

I listened to Judge Napolitano and a Navy JAG on Fox at lunchtime and learned quite a bit, especially the equation of a Special Court Martial to a misdemeanor offense. I was always under the impression that a Summary Court was for misdemeanors and that the difference between Special and General had to do with the presiding officer and the degree of punishment handed out...a General Court Martial is presided over by a Flag (General or Admiral) Officer and can really stick it to you.

As for Sivits' peers...well, the least we can say is that justice will be swift and fair.


86 posted on 05/19/2004 3:23:47 PM PDT by HiJinx (Coast Guard Academy Class of 2004 motto: "Forward without fear.")
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To: ActionNewsBill

hogwash.

guilty pigs are squealing like stuck pigs is all.


87 posted on 05/19/2004 3:24:18 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: Tiger500

If all these people had done was to violate a minor traffic regulation, this outcome would be disproportionate. But that's not what happened, and the analogy does not hold. If these exact same incidents had been reported as having been committed in the U.S. by civilians, many of the same people defending Sivitz today would be screaming that it is further evidence of the moral decay of society. And they would be right. Further, a minor traffic violation would not have done the immeasureable harm to our PR campaign in Iraq, as this incident has done. The sentence is just.


88 posted on 05/19/2004 3:25:02 PM PDT by Brandon
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To: Brandon
he got the reduction in rank

They didn't fine him or reduce his pay

Sorry, bud, you're wrong. The reduction in rank automatically reduces his pay. The Bad Conduct Discharge removes any possibility of staying in until retirement, which will cost him nearly a million dollars in lost retirement pay and benefits.

89 posted on 05/19/2004 3:30:04 PM PDT by HiJinx (Coast Guard Academy Class of 2004 motto: "Forward without fear.")
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To: Steve0113

The phrase "chain of command" is a DNC talking point.

Anyone using that phrase as a general attack on DoD needs to be considered suspect.

If they have any *real* info, rather than simple empty smears, they could and should specify the *specific person* responsible who gave an order that could be reasonably construed to justify the abusive actions of the grunt prison guards. The Taguba report thoroughly discounted such suppositions of such orders and made clear the problem areas wrt lack of training, unit discipline, malfeasance of a few small units, etc.

This was a bunch of 'cowboys' not an order being followed.


90 posted on 05/19/2004 3:30:18 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: hattend

Because we are waiting for their to be a duly constituted government of Iraq to whom we may turn him over. Most of his crimes were committed against the Iraqi people, and this is appropriate. Nothing will do more for the furtherance of our Iraq policy than to see Saddam Hussein hanging from a rope at the hands of an Iraqi executioner, on the orders of an Iraqi judge.


91 posted on 05/19/2004 3:31:42 PM PDT by Brandon
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To: af_vet_1981

"If Sivits told the truth he should receive leniency for cooperating now to mitigate the damage."

I agree. It boggles my mind that we seem to be saying we must have to be cruel to these bozos because they were too cruel to suspected terrorists.

It's contradictory!!!


92 posted on 05/19/2004 3:32:05 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: Action-America
they were only following orders

That defense didn't work at Nuremburg. American soldiers specifically have an obligation to refuse to obey an illegal order.

93 posted on 05/19/2004 3:35:28 PM PDT by Brandon
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To: Miss Marple

Yeah, but in the context of a court marshall, what does that mean???

It doesn't make sense. Just because the court marshall is going to be televised, doesn't mean it's true???


94 posted on 05/19/2004 3:38:04 PM PDT by DannyTN
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To: WOSG
It boggles my mind that we seem to be saying we must have to be cruel to these bozos because they were too cruel to suspected terrorists.

I'm not sure I agree with your position, and I certainly don't agree with your premise. It's a fine distinction, but we aren't court-martialing these soldiers because they were too cruel to terrorists, we are doing it because they mistreated prisoners. And because they got caught.

Military judges aren't known for their leniency, despite what you see on JAG. Ask all the privates in Leavenworth.

95 posted on 05/19/2004 3:38:49 PM PDT by HiJinx (Coast Guard Academy Class of 2004 motto: "Forward without fear.")
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To: sinkspur

"Some of the media response has been overblown, but the actions of these soldiers has damaged the United States' efforts immeasureably."

The soldiers alone did not damage US efforts.
Their UCMJ crime was no listed as "harming our efforts" but maltreatment of prisoners. This only harmed our credibility when it became public in a shockingly graphic way (the pics).

So, the implication of this is that the media is complicit in that wider crime of "harming US efforts immeasurably."

hmmm.

IF PFC Sivits gets 1 yr, then the punishment of media should be commensurate: New York Times editors get 2 years. Sy Hersh 4 years. Al Jazeera a dishonarble discharge from reporting (maybe delivered by JDAM?). Boston Globe and Daily Mirror, for slander, confined to the Brig of classified ads and local weather for 20 years.


96 posted on 05/19/2004 3:39:07 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: WOSG
I agree. It boggles my mind that we seem to be saying we must have to be cruel to these bozos because they were too cruel to suspected terrorists.

We are not being "cruel" to these bozos. We did not erect whipping posts, we are not castrating them, we are not feeding them into plastic shredders.

That is the double standard. We hold our people accountable for their actions, and determine their punishments under the rule of law. We are better people than the savages who murdered Nick Berg, and the way this matter is being handled proves it.

97 posted on 05/19/2004 3:42:35 PM PDT by Brandon
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To: kattracks

Good. I hope the rest get the max as well.


98 posted on 05/19/2004 3:43:01 PM PDT by k2blader (Anything that claims to come from God but can't be confirmed in Scripture, hasn't.)
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To: Brandon

"If these exact same incidents had been reported as having been committed in the U.S. by civilians, many of the same people defending Sivitz today would be screaming that it is further evidence of the moral decay of society. And they would be right."

Actually, it is, and several conservatives have commented on that. Rush himself compared the pics to a Mapplethorpe exhibit. But of course none of those other things are considered illegal nor even immoral.

" Further, a minor traffic violation would not have done the immeasureable harm to our PR campaign in Iraq, as this incident has done. The sentence is just."

Excuse me, but accidental shootings of civilians have made our job harder in Iraq, and we havent put soldiers in jail for it. The crime the soldiers are charged with is their actions vis a vis the prisoners, not the media fallout and operational impact from it.


99 posted on 05/19/2004 3:44:00 PM PDT by WOSG (Peace through Victory! Iraq victory, W victory, American victory!)
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To: WOSG
I'm sorry, but blaming the media for showing the pictures is just silly.

Why not blame the idiot soldiers for taking the pictures?

100 posted on 05/19/2004 3:46:27 PM PDT by sinkspur (Adopt a dog or a cat from an animal shelter! It will save one life, and may save two.)
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