Green Berets face hearings on killing of a suspect in Afghan Village

http://www.nytimes.com/2007/09/18/us/18hearing.html?ex=1347768000&en=fbe8fba6c4e38e5c&ei=5124&partner=permalink&exprod=permalink ^ | september 18,2007 | Paul von Zielbauer

[claymax]

FORT BRAGG, N.C., Sept. 17 — From his position about 100 yards away, Master Sgt. Troy Anderson had a clear shot at the Afghan man standing outside a residential compound in a village near the Pakistan border last October. When Capt. Dave Staffel, the Special Forces officer in charge, gave the order to shoot, Sergeant Anderson fired a bullet into the man’s head, killing him. In June, Captain Staffel and Sergeant Anderson were charged with premeditated murder. On Tuesday, in a rare public examination of the rules that govern the actions of Special Operations troops in Afghanistan, a military hearing will convene at Fort Bragg to weigh the evidence against the two men, both Green Berets.

[Leisler]

SF guys should first find out if they have permission to be on private property. If the owner is unknown, a search should be undertake through court records or a notice of trespassing put in the local newspaper, goat hide, or cried out at noon at the well. There upon and only can the team progress, but only on pre permission-ed land and for what ever contracted period of time. Teams will leave only light footprints, and take only pictures. Some owners will not allow firearms, so , arrangements must be planed for air drops or use of non firearm weapons( sticks, rocks, knives under 4 inches ).

[ANGGAPO]

It would have been German alright or Japanese.

[stinkerpot65]

http://www.marinecorpstimes.com/news/2007/04/marine_marsoc_investigation_070416/

Here is General Kearney, in an "interview" with the Washington Post, siding with Afghan witnesses against his own troops.

And all this during an ongoing investigation.

Army Maj. Gen. Frank Kearney, head of U.S. Special Operations Command-Central Command, told the newspaper in an unusually candid telephone interview that statements from the Marine special operations company at the heart of the ongoing investigation appeared to be in conflict with statements made by Afghan witnesses. He said there was no evidence to support the Marines’ contention that they took small-arms fire after a suicide bomber crashed into their convoy on March 4.

“We found … no brass that we can confirm that small-arms fire came at them,” Kearney, referring to shell casings, told the newspaper. “We have testimony from Marines that is in conflict with unanimous testimony from civilians at the sites.”

Kearney ordered the initial investigation into the alleged shootings, which reportedly left roughly a dozen killed and many more wounded. He has since referred the matter to the Naval Criminal Investigative Service for possible criminal charges.

[Wills Powers]

O’Reilly is going to be covering this case again tonight.

Several nights ago, OReilly had Eugene Fidel (Institute for Military Justice) on. Mr. Fidel was hardly critical of General Kearney and saw nothing wrong with a Art 32 hearing on the matter.

Enough is enough. These kind of “cases” are a detriment to morale and discipline. And we’ve seen lots! I was court martialed for saying “Allah Damn it!” to a screwed up troop who had been previously convicted for falsifying aircraft maintenance repair documents-—my commander was the subject of discrimination complaints and orchestrated the phony charges against me as a way of getting out of trouble. I walked, kept my rank and retired. Our base commander was fired and lost his promotion to Brigadier General.

I’m sick of this crap-—start winning the war and securing our borders “Allah Damn it!”

[stinkerpot65]

Note that General Kearney is not in Afghanistan, he is stabbing his own troops in the back from a comfy office in Florida.

[Redbob]

"We should have sent a battalion of lawyers instead."

You mean use them as "human" shields (I use the word "human" loosely) the way the muslims use children?

[ANGGAPO]

Way back when we were opening the west there was a Fort Kearney on the Oregon Trail. Makes you wonder......

[FFranco]

Don’t you think accusing a US general of treason sounds too much like Moveon.org?

If the facts are as they are reported here, it looks like the troops won’t have any trouble getting off, and General Kearney might be transferred to a command where he and everyone else will be happier.

[Ptarmigan]

I don’t want to think about this during WW2 or Korean War.

[RedRover]

Eugene Fidel and Gary Solis are the media’s go-to guys for military cases. Both invariably take the side of the prosecution.

There are outstanding military defense lawyers who are equally expert but are never called to be talking heads. It’s a shame because they have valuable perspectives.

[rock_lobsta]

Don’t you think accusing a US general of treason sounds too much like Moveon.org?

If this was the first time that Kearney has back-stabbed troops under his command, then I would just chalk it up to him being someone who has no place being in command.

However, it's not the first time

US 'excessive' in Afghan attack

Here's his money quote... "We have testimony from marines that is in conflict with unanimous testimony from civilians at the site."

In summary, he takes the word of civilians (terrorists or their sympathisers) and AP "journalists" over the word of his own soldiers and commanders in the field.

Makes you wonder whose side he's on, doesn't it?

[Girlene]

I agree jaz, this isn't good when he orders charges brought after CIC cleared the men. They are snipers, for goodness sake, this is their job.

I thought Kearney's name sounded familiar. He's the same dude that was involved in the investigation of the incident in Afghanistan with MSOC and had the whole company expelled from Afghanistan in March, 2007. I haven't heard where this case is, at this point. Ilario Pantano was involved for a bit trying to get fundraising efforts up and running. Frank Kearney kicked the very first Marine Special Operations group to deploy in combat out of the country. It was unbelievable. Here's one link at Marine Corps Times Army general kicks Marines out of Afghanistan and another Spec ops commander relieved

Now, back to this current case....This does not sound good at all. From the New York Times article, The highest-ranking witness called to testify at the soldiers’ hearing Tuesday will be General Kearney, though it is unclear whether he will comply with the request. Hmmmmmmm.

[jazusamo]

I thought his name sounded familiar and the Afghan thing with the Marines was it. I’m hesitant to berate general officers but this guy bears watching.

[freema]

Must-read thread.

[Howie66]

Take the M-Fing GLOVES OFF of the GOOD GUYS yesterday!!

God, I do want a C-I-C that has a “pair” right NOW!!!!!

President Bush, please step aside for the benefit of OUR TROOPS and OUR WAY OF LIFE!!!!

[Marine_Uncle]

More bull*hit being flung into the face of our military. Our PC correct military keep aiding the enemies our brave troops where sent to destroy. This is all madness.

[Recon Dad]

It is a statement to the courage of the kids joining and serving today that they have to bear the burden of this PC crap while staying alive and fighting a war. Micromanagement is what totally screwed us up in Viet Nam, and this dork is hard at it now.

My son is an Operator in Afghanistan right now and instead sending care packages we should spend the money on keeping an attorney on retainer. If I have to I will lose every dime I have defending him, I just wish his superiors felt the same way.

[RaceBannon]

It kills me

A Known terrorist, found, shot, the body was identified as the right guy, yet it is murder because he was unarmed

and they even told him to take the shot.

Who would want to go in the service these days under these rules?

A Major once said to me, “The First thing we do is kill all the JAGS...”

[2111USMC]

Yep. This was a good and valid kill.

This sh!t is pissing me off to no end.

[gmwashingtondc]

The two Green Berets have been cleared of all charges in the Article 32 case. Announcement on 9-28-07. See Fayetteville Observer article on Sept 28 or 29th. (This is the same Kearney that declared the marines in Afghanistan convicted before the investigation was even under way. Said “no evidence of taking on fire” later proved by Jag that they did take on fire. He also appoligized to the Afghan families. These guys are still fighting for their lives.) On a side note: The two green berets have been covered on O’Reilly Television program. Check archives online and watch for additional coverage. O’Reilly said he’s going after Kearney. It’s about time somebody did.