4/22
“Justice for Accused Navy SEALs?”
http://www.freerepublic.com/focus/f-news/2498328/posts
“....Unfortunately, the tendency of commanders and Judge Advocates (JAGs) is often to charge suspect servicemembers first and ask questions later.
Part of the rationale for this approach is the versatile Article 32 hearing. Commanders and JAGs figure that due to their extraordinary fairness, Article 32 proceedings will shake out the bad cases from the good, while protecting the command from charges of coddling abusive soldiers or tolerating war crimes.
This pretty much happened in the infamous Haditha cases. When news broke of the battle between Marines and insurgents in that Iraqi town, left-leaning politicians and media outlets were quick to launch fevered claims of a massacre. Most outrageous was the early accusation of Democrat Representative John Murtha that the charged Marines had killed Iraqi civilians in “cold blood.” Although a number of Iraqi civilians were killed in the battle, the reality was much different.
Nonetheless, several enlisted Marines were initially charged with murder, while their officers, including the battalion JAG officer, were charged with a variety of lesser offenses. At the conclusion of Article 32 hearings, conducted by a variety of hearing officers, almost all the cases were dismissed, and the murder charges were dropped (or replaced in the case of Sergeant Frank Wuterich, the last remaining defendant, with charges of manslaughter).
The Haditha cases are the best-known, but hardly the only examples of servicemen falsely accused of war crimes in Iraq and Afghanistan. Even when exonerated, the careers and reputations of promising officers are ruined. The military justice system is pilloried on both the left (for coddling war criminals) and the right (for persecuting innocents). Mostly, the initial reports of alleged war crimes are trumpeted in front pages of the media and at the top of the evening news, besmirching the country and the honor of the individuals involved — while the eventual outcomes disproving the charges are relegated to side stories, or not reported at all.
The SEALs were offered non-judicial punishment for their alleged crimes (called a Captain’s Mast in the Navy), but they turned it down in favor of courts-martial. While technically not an admission of guilt, accepting a Captain’s Mast is generally tantamount to one. Presiding officers very rarely find the accused sailors innocent, and they often impose effectively career-ending punishment instead...”
“The SEALs were offered non-judicial punishment for their alleged crimes (called a Captain’s Mast in the Navy), but they turned it down in favor of courts-martial. While technically not an admission of guilt, accepting a Captain’s Mast is generally tantamount to one. Presiding officers very rarely find the accused sailors innocent, and they often impose effectively career-ending punishment instead...”
You are correct. Some additional points/explanition....
The Article 15 “Mast” is essentialy answering “charges in your commanding officers office.....also refered to as “Office Hours”
Often just a slap on the hand is found guilty, Office Hours/Mast” is limited in effect on what the punishment could be.....and the punishment is limited by the presiding officers rank. The higher in rank the more severe a punishment that can be metted out.... Mast does not result in Career ending scenarios......a slap on the hand would have been the more likely outcome...(loss of rank (limited mostly to one step), and forfeiture of pay (3 months max)......
By refusing non judicial “Mast” these sailors put themselves at much greater risk, as a Courts Martial, in reality a “Jury Trial,” could have resulted in a much more severe penality than had they been convicted in the old mans office.....a conviction there would have had career ending consequences......
Sure of the rightousness of their actions, these guys put themselves at greater risk to make a point for all field operators..... they poked the JAG directly in the eye.......
For a lesson on how this often works, watch Band Of Brothers.....(yeah, they did this kind of stuff in WWII too!)
In one of the first few chapters, Capt Winters did the exact same thing when charged with deleriction of duty by his commander, he refused “Office Hours” and demanded a Courts Martial Trial...... Captain Winters was exonerated and his Commander exposed as the phoney he was......
The Navy, in its wisdom, decided that these high value sailors should not be sacrificed on the altar of Lefty Political Correctness. (No sh*t Sherlock)
Applaud the Court for aquiting?? Hardley..... the charges should have never been brought in the first place, at any level IMHO!
I am fearfull that in the case of SSGT Frank Wuterich the result may not be similiar..... Frank may become the last chance for a scapegoat for the PC Crowd......
From all reports of the action that I have read, these Marines were acting/responding correctly to the situation presented them....SSGT Wuterich went By the Book, a very professional NCO in A highly stressfull urban combat situation......
Hoping that the Marines on the Courts Martial remember first and foremost that they are MARINES too......