Posted on 08/17/2007 6:15:06 PM PDT by freema
NORTH COUNTY ---- Jury decisions and a powerful general's grants of clemency have signaled that Marines may be reluctant to jail service members accused of war crimes in Iraq.
Few saw it coming when the military justice system granted freedom to most of the eight Camp Pendleton troops who admitted to kidnapping and killing an Iraqi man in Hamdania last year. Former Marine prosecutor Thad Coakley was among those caught off guard.
"The sentences were well below what is expected for the guilty findings for a group that decide to kidnap and execute a guy," said Coakley, who has extensive experience in the military's rules of engagement.
Thanks to jury findings, plea deals and Lt. Gen. James Mattis' willingness to grant clemency less than two weeks ago, seven of the accused squad mates served less than 15 months in jail. Only the squad leader who crafted the plan remains behind bars.
As an aside, I had the profound pleasure of snarling at a superior officer, JAG branch, while sitting on a military conduct board. The hearing was over, with him having lost, and badly, so he decided to berate the board for our unanimous and strong decision against him.
With the permission of the senior officer, I tore him a new one, and then, before he could respond, I requested leave to depart, which the bright eyed, grinning senior officer was happy to provide. I then walked out right by the stammering JAG Major.
Well, I had a feeling that his wounded pride would come back to haunt me. And it took six months. The JAG loser wrote up a scathing report about the hearing and had it delivered to the Brigade Commanding Officer. Fortunately the Brigade CSM found it, saw my name, and decided to confront me about it. (CSMs rarely missing an opportunity to nick a junior officer for screwing up, which the JAG Major has asserted.)
CSM “Klingon”, for both appearance and temperament, at first subtly approached me and was none too clear what he was talking about, and it took me a few seconds to remember the hearing, but when I did, hoo boy.
I must have turned a few colors while recalling with a snarl the gross screw-ups involved, and not only referenced the JAG Major for his actions, but invoked the sacred and fearful phrase “...A complete breakdown in the NCO chain of command!” about the case, which ironically, reflected in a terrible way right at the Brigade CSM. Him.
And a mortified CSM can be a very scary thing. Fortunately, not directed at me, but at the JAG Major.
So this ended up with the double pleasure of not only the feeling that justice had been served, but that the heavy hand of judgment was about to descend on the JAG Major.
Perhaps he is part of the problem.
I must be a pretty unforgiving and relentless &!+@#, Mo.... I expect more. They may not have been promised a Rose Garden, but I d@^^ ^ sure want someone to throw them a freaken party IN the Rose Garden when this is wrapped up.
Former prosecutor Thad Coakley:
...group that decide to kidnap and execute a guy...
That's darn sure not how I see it. I thought we were at war and I thought the object was to kill the enemy, not to let them kill you.
Peacetime army always accumulates a bunch of timeservers and non-warrior-minded types.
Where more likely for them to land than JAG? (or the IG, I guess).
Peacetime army always accumulates a bunch of timeservers and non-warrior-minded types who want to be heroes.
Fixed it.
My congratulations.
Thats ok, I am also very saddened about that mine tragidy .Too much info . I have to turn it off sometimes .
Yep.
I wanted to respond to that post, but could not think of an appropriate respose. You did, Robby!
My congratulations, too Popo.
Thank you.
I can not understand the mentality of those who think (and I use that term loosely) that an insurgent’s life/threat/potential threat is to be held in higher regard than the life of a United States Marine.
Not will I ever understand that mentality.
ROE or no.
I mean, really, were the ROE inscribed in stone and handed to these prosecutors by Moses? Did I miss this?
Oops, I’m having to use the backspace key. Better stop now.
God loves me....put the backspace key into place at the right moment : ) I did NOT realize who you are -your screen name may have subconsciously prompted the Moses reference. I posted, THEN looked at your home page. Doh! I hope you took no offense!
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