I'll do a text conversion and post it as thread later today:
IO Report - SSgt Frank Wuterich Article 32.
What this investigation has demonstrated most clearly is there was, or is, a conflict between what was taught to Marines in Third Battalion, First Marines concerning the Rules of Engagement (ROE) and the tactics for clearing a room in Military Operations in Urban Terrain (MOUT).
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Teaching a Marine to use a tactic and then holding that Marine legally liable when he uses that tactic is simply wrong. If the tactic is illegal, then more education and interaction between the judge advocates and the tactics instructors is the answer, not prosecuting those that employ the tactic.
That, in a nutshell, is the entire problem with the manner in which these prosecutions, and this entire 'war' in Iraq, has been handled. As I've iterated previously, these aren't Cops arresting robbers at your local bodega, but Marines and Army involved in decisive battles instituted by the enemy combatants. I see no reason for any JAG involvement once the determination is made that the enemy instituted the fight, absent gross misconduct with respect to POWs or Non-Combatants. The JAGs own investigation, and indeed NCIS testimony, establishes those points.