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Carlsbad attorney critical of leaks in Marine probe-bastards who leaked should be hung
NC Times ^ | 6-6-06

Posted on 06/06/2006 4:45:00 PM PDT by SJackson

DAVID STERRETT and MARK WALKER - Staff Writers

CAMP PENDLETON -- A Carlsbad attorney blasted military officials Monday for leaking information about an ongoing investigation of 11 Camp Pendleton Marines and a Navy Corpsman for the alleged April 26 kidnapping and killing of an Iraq man.

David Brahms, who said he is representing one of the Marines under investigation, said the men from Kilo Company of the 3rd Battalion, 5th Marine Regiment are being charged, sentenced and executed in the media because of reports from unnamed military sources.

"The bastards who leaked the information should be hung in a public square," said Brahms, who declined to identify his client. "My Marines are being thrown under the goddamn bus."

He said reports about the incident that took place in the village of Hamdania west of Baghdad are just speculation until the investigation is complete. Seven Marines and a Navy corpsman are being held in the brig and the four others are restricted to the base. The town had previously been misidentified by the military as "Hamandiya."

"I'm very angry," Brahms said of the confinement, adding he expects charges to come down in the next few days, and "we are just waiting to see what happens."

Military officials have declined to discuss pending investigations, but details of the incident have appeared in recent news reports.

Hashim Ibrahim Awad al-Zobaie was shot dead by Marines on April 26, according to reports from the Washington Post.

The newspaper reported family members and friends of the 52-year-old Iraqi said Marines took him from his home, shot him four times in the face and then planted an assault rifle and shovel next to his body.

But some of the Marines under investigation said in written statements that Hashim was digging a hole in an apparent attempt to place a roadside bomb and was killed after a brief gunbattle, according to the Post report.

The paper quoted family members of Hashim saying military officials tried to bribe them into saying that Hashim was an insurgent.

The military announced its investigation of the killing in Hamdania on May 25.

Haditha probe

The Naval Criminal Investigative Service also is investigating Marines from the 3rd Battalion, 1st Marine Regiment for the alleged killing of 24 unarmed civilians on Nov. 19 in the town of Haditha. No charges have been filed in that case, which also involves Marines from that regiment's Kilo Company, and none are being held.

A probe of whether some Marine commanders attempted to cover up the Haditha incident is being conducted under the direction of U.S. Army Maj. Gen. Eldon Bargewell.

Attorneys last week said the fact that some Marines are in custody in the Hamdania case is indicative of possible fears of flight or collusion involving those being held.

Seven of the eight appeared before a magistrate to determine the appropriateness of the confinement and ultimately were ordered kept in the brig. The eighth is slated to appear before a magistrate sometime this week.

Robert Wities, a San Diego defense attorney and former Marine judge, said the service has not been confronted with such serious allegations since the 1968 My Lai massacre in Vietnam in which a U.S. Army unit killed more than 300 civilians.

"What strikes me about these cases are the fact they are so rare," Wities said, adding current military lawyers and judges have little or no experience with cases of the magnitude these could represent.

"It will be a new experience for everyone in the courtroom," Wities said. "There is no standard script."

At Camp Pendleton base spokesman, 2nd Lt. Lawton King, said Monday that he had no clear indication when, if any, charges will be filed. Last week, San Diego attorney Jeremiah Sullivan III said he was representing one of those in custody and that he anticipated homicide, conspiracy and kidnapping charges would be filed soon.

Sullivan declined to speak with a reporter when his office was contacted on Monday.

'Core values'

Marines around the country and in Iraq and Afghanistan are getting refresher courses in "core values" training at the direction of the Corps' commandant, Gen. Michael Hagee.

Hagee took that message to Iraq in May and was back at his Washington offices Monday.

Base spokesman King said Pendleton units have yet to receive the lessons.

"The training packages are being refined," King said.

Later in a written statement, King said: "The 1st Marine Division has reemphasized its Corps Values training and is directing more command attention to the small-unit leaders who in turn are in the best position to influence the Marines on the ground. In addition, the stress placed on the rules of engagement and law of armed conflict in the pre-deployment briefs will be formalized and reinforced by a new policy letter that is scheduled to take effect this month."

At the Marine Corps Combat Training Center at Twentynine Palms in the Mojave Desert, where most Marine units do final training before deploying, spokeswoman Lt. Christy Kercheval said Hagee will be at the Mojave desert base June 12 to drive the message home.

Marines and sailors there are routinely trained in the rules of engagement and "tactical cultural awareness," Kercheval said in a written statement.

In an indication of the growing demands on the public affairs office at Pendleton, Marine Lt. Col. Sean Gibson from the headquarters of U.S. Central Command at MacDill Air Force Base in Tampa, Fla., is now at Pendleton to help oversee responses to reporters' questions.

The House and Senate Armed Services committees are scheduled to conduct hearings into the incidents later this month. The dates of those hearings and what ground each will cover has not yet been determined.


TOPICS: Government; News/Current Events
KEYWORDS: camppendleton
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To: SJackson
The House and Senate Armed Services committees are scheduled to conduct hearings into the incidents later this month.

They should bar the Murtha's of the world from this hearing, since they have already rendered their verdict!

http://Vets4Irey.com

21 posted on 06/06/2006 5:01:58 PM PDT by W04Man (Bush2004 Grassroots Campaign We Did It! NOW.... PLEASE STAY THE COURSE!)
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To: SJackson
Hearings, and leaks, lesson the chance of justice being done.

Well, there are leaks around criminal civilian cases here all the time (i.e., the Duke lacrosse players) and justice seems to prevail in spite of them.

22 posted on 06/06/2006 5:02:24 PM PDT by sinkspur ( Don Cheech. Vito Corleone would like to meet you......Vito Corleone.....)
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To: saganite
That's a plain spoken attorney!

Needs grammer lessons. Should be hanged.

23 posted on 06/06/2006 5:03:28 PM PDT by leadhead (It’s a duty and a responsibility to defeat them. But it's also a pleasure)
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To: pissant

I agree too. Our military is the finest there is!!!!!!


24 posted on 06/06/2006 5:03:32 PM PDT by NordP (GWB/Reagan Republican --- JACK BAUER PATRIOT)
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To: SJackson

Well..then, there is precedent for overturning convictions...and we need to remind any and all about that.

I have seen Ollie on TV several times since the Haditha thing blew up last week...and he has been adamant about not trying this case in the media...and he should know.


25 posted on 06/06/2006 5:04:33 PM PDT by Txsleuth
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To: Txsleuth
Okay...are you saying they are leaking to soften the blow on THIS case, like you said they are trying to do on the Haditha case??

Yes. I wouldn't use "soften the blow," but it does seem to take some of the edge off when, and if, charges come down.

Contrast this with the way the Pentagon acted as if it was blind-sided by Abu Ghraib.

26 posted on 06/06/2006 5:06:01 PM PDT by sinkspur ( Don Cheech. Vito Corleone would like to meet you......Vito Corleone.....)
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To: SJackson
It seems inappropriate for Congress to hold hearings until the charges have been dealt with.

I have searched in vain in the Constitution for any provision which gives Congress investigative authority, or the authority to issue subpoenas, hold people in contempt of Congress, and related actions. Investigations (Executive Branch), subpoenas and holding people in contempt (Judicial Branch) appear to be gross violations by the Legislative Branch of the separation of powers.

Congress claims it needs to conduct oversight since it passes budget bills. Well, oversight is one thing, but Congress routinely (and shockingly without question) issues subpoenas to private citizens, conducts investigations into the affairs of private citizens, and holds people in contempt if they do not comply with Congressional investigations.

One might accept that, although it is not so stated in the Constitution, Congress does need to conduct budgetary oversight. But Congressional hearings should be limited in scope solely to such matters.

27 posted on 06/06/2006 5:08:23 PM PDT by Wolfstar (So tired of the straight line, and everywhere you turn, There's vultures and thieves at your back...)
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To: sinkspur

Perhaps....but, I don't like leaks at all...and I think this just stirs up NEW stories from Iraq, that all of a sudden ANOTHER case of our military massacreing civilians is "found"...

Plus, as has been said many times on the Haditha threads...in that culture, it is a good thing to be a liar...so, I don't know how our military can actually KNOW when/if to believe anyone that is supposedly a "witness".


28 posted on 06/06/2006 5:10:50 PM PDT by Txsleuth
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To: bnelson44

In reference to your thread- some more interesting bits and pieces..


29 posted on 06/06/2006 5:10:59 PM PDT by SE Mom (God Bless those who serve.)
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To: SJackson
Incorrect grammar. Pictures are hung, people are hanged. There is an exception, however:

"They said you was hung!"

"They was right!"

30 posted on 06/06/2006 5:14:03 PM PDT by ZOOKER ( <== I'm with Stupid...)
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To: sinkspur
What if the Pentagon is directing the leaking?

Do you have a theory? Please share.

31 posted on 06/06/2006 5:15:34 PM PDT by TankerKC (¿José puede usted ver?)
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To: Txsleuth
I have seen Ollie on TV several times since the Haditha thing blew up last week...and he has been adamant about not trying this case in the media...and he should know.

Are you familiar with the Son Thang incident in Vietnam which North became intimately involved with?

If not, I'll post a couple links tomorrow.

The Solis view, legitimate, is that war crimes were committed and the two final acquittals were nullifications. Brought about by the additional testimony brought into the case by North. Personally, I think there is a lot of room for doubt, but unfortunately while the Solis book is widely acclaimed, as it should be, the opposing view comes across only in Randy Herrod's (an acquitted defendent) book Blue's Bastards, Blue being North, and a few articles that I doubt you can find on the internet.

The incident is hauntingly similar to Hadithah, accusations of murder of civilians in the face of enemy fire, in the Son Thang case not confirmed till later. One of the lessons, use a civilian lawyer.

Did Military Justice Fail or Prevail?

32 posted on 06/06/2006 5:15:57 PM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: SJackson
It's beyond me why any military attorneys or otherwise would want to leak a damn squeak to the L/MSM on anything.
Maybe it is high time some of these type folks should be sent to special training to learn how to use an M16,M4, then assinged temporary duty walking the streets of Iraq with soldiers or Marines doing SASO patrols.
Perhaps their sad asses would come around and start acting a bit like soldiers and Marines.
33 posted on 06/06/2006 5:19:37 PM PDT by Marine_Uncle (Honor must be earned)
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To: SJackson

Finally! A lawyer I like! I'd like to see everyone in the "media" hung in public also. I'm sorry, we're dealing with DemocRAT girlymen here. I meant hanged in public.


34 posted on 06/06/2006 5:21:11 PM PDT by FlingWingFlyer (DemocRATS! America's Lynch Mob.)
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To: TankerKC
Do you have a theory? Please share.

I did. The military is releasing, in dribs and drabs, some very unpleasant details of these incidents in an effort to defuse the final reports.

35 posted on 06/06/2006 5:21:15 PM PDT by sinkspur ( Don Cheech. Vito Corleone would like to meet you......Vito Corleone.....)
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To: saganite

Hillary is on the armed services committee along with Kennedy. There's a clue in there someplace.


36 posted on 06/06/2006 5:23:33 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: pissant
"The bastards who leaked the information should be hung in a public square"

Might as well add SP Fitz to the attractions.

37 posted on 06/06/2006 5:23:38 PM PDT by Paladin2 (If the political indictment's from Fitz, the jury always acquits.)
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To: Paladin2

LOL. It'd be a real hootenanny.


38 posted on 06/06/2006 5:25:00 PM PDT by pissant
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To: W04Man
Ahhhhhhhh....I knew it. Hillary and Kennedy are on that committee. I'm sure all these leaks are "directed" by Hillary. She sits in the background....letting her boot lickers do the leaking.

And these Dems seek to make one of their own (Hillary) Commander in Chief. God help us!!

39 posted on 06/06/2006 5:27:42 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Diogenesis

I'll ditto your Post No. 5. Thanks for your support of our Marines!


40 posted on 06/06/2006 5:54:23 PM PDT by maxwellp
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