Posted on 07/07/2012 4:03:21 PM PDT by Ooh-Ah
By a 3-2 majority, the highest military appeals court has upheld Army Ranger 1st Lt. Michael Behenna's conviction for the unpremediated murder of a detainee and al-Qaeda-operative in Iraq named Ali Mansur. While Michael still could receive clemency, his legal appeals are now officially exhausted. Barring clemency, Michael will remain at Leavenworth military prison until 2024.
What a blow. What a disgrace.
I just finished reading the majority opinion. It is a chilling document. It contains analysis of whether Michael had "the right to act in self-defense" when the detainee he was questioning about IED attacks that had recently killed two men in his platoon, suddenly lunged for Michael's gun, and Michael shot and killed him.
This was one of several issues before the court. As the "initial aggressor" for engaging in an unauthorized interrogation of a naked detainee, Michael, the court upheld, had lost his right to self-defense. Under consideration was whether at any point in the split seconds during which the detainee hurled a piece of concrete at Michael and rushed for his gun, and Michael fired in return at the detainee, Michael ever regained it. Three judges in the calm of their chambers in Washington, D.C., determined that he did not.
Or, as they wrote: "Even assuming for a moment that Mansur could have escalated the level of force, we conclude that a naked and unarmed individual in the desert does not escalate the level of force when he throws a piece of concrete at the initial aggressor in full battle attire, armed with a loaded pistol, and lunges for his pistol."
Oh yeah? Maybe it's simplistic of me, but I'd like to see them step into Michael's combat boots and see how it felt out there in the night, after a hard day's "catch-and-release," after military intelligence shockingly set Mansur free and ordered Michael to drive him home -- the very man Michael suspected of knowing all about the attacks that had recently killed two of his men. Michael thought he could get the necessary evidence in one more interrogation, just him and Mansur. But it didn't work out as Michael hoped.
The majority:
Ultimately, even if we assume that Mansur lunged for Appellant's pistol and Appellant feared that Mansur would use the pistol if he was able to seize it, because Appellant was the initial aggressor, and because there was no evidence to support a finding of escalation or withdrawal, a rational member [juror] could have come to no other conclusion than that Appellant lost the right to act in self-defense and did not regain it.
I'm afraid that this court's idea of a "rational member" also could have come to no other conclusion than that Michael, "initial aggressor," bereft of the "right" to self-defense, should have permitted Mansur to snatch his gun from him and then shoot him dead.
Maybe then the three judges would have sighed with a satisfied kind of regret over the poor lieutenant who had given his all for their, frankly, demonic reading of the law. Instead, for having defended himself, for not having sacrificed himself to a charging terrorist, Michael and his family pay the price of Michael's freedom.
America: Is that justice?
Thanks for the ping...I have posted my comments...more to come...directed at those who represent me in Congress...
“Why are we “fighting” under rules of engagement?”
It is time to tell the UN and all those who make ‘PC’ rules to go straight to hell...do not pass ‘GO’...do not collect $200...
...and it is time to replace the ‘Usurper’...
You are correct in all that you stated.
Just to top things off, one of those catch and release terrorist from Gitmo killed 6 Israelis in Bulgaria.
If 0bama and his regime get four more years, the USA might be toast. Or, we might be facing CWII. T'is better to die on your feet than live on your knees.
5.56mm
No one with two brain cells to rub together would disagree with you.
Or at least one that could gain a security clearance. This one obviously couldn't but neither could have Clinton. The best way to be a top Communist spy is to be elected President of the USA. I offer every Democrat President since Woodrow Wilson as examples.
this is Obama’s military, so get use to it or get rid of Obama.
Thank you for the Ping, Seekthetruth!
Folks, I sent this out to everyone on my email list on Saturday and this is just a very friendly reminder to please drop a letter in the mail to the Romneys regarding the atrocious war policies of this administration that are killing, maiming and incarcerating our Troops!
Your letter could be quite simple, you could simply let Governor Romney know that Obama is releasing terrorists while our Soldiers continue to be incarcerated at Leavenworth! Ask him to speak up for our Troops while on the campaign trail and let him know you hope he will consider, when he becomes President, giving our Soldiers in Leavenworth the same Pledge to sign that Obama is giving to the terrorists, and release them! Oh, and the world sure would be a safer place if Romney asked Obama to stop releasing terrorists!
You can mail your letter to:
Romney for President,
PO Box 149756,
Boston, MA 02114-9756
Or, right now, you can click on this link below and send a message to the Romneys on their website, under issues:
http://www.mittromney.com/forms/site-issues
Please do this for our Soldiers. It only takes a minute of your time and if every single one of you on this email list will do this, I believe it will definitely get the attention of Governor & Mrs. Romney. Also, please forward this to all your lists. Our Soldiers are willing to lay their lives down for you, please take a stand for them. Feel free to use my letter below and if you get near the Romneys, please pass my letter or your own letter to them!
Thank You
Beverly Perlson
The Band of Mothers
http://www.thebandofmothers.com
http://www.defendmichael.com
http:/www.savethissoldier.com
Doing another ping here for folks to read post 49, 51, 69.
Thanks for helping by spreading the word and helping bring attention to these cases in support of our heroes.
BTTT for action ASAP
May God guide our course.
Tatt
It is up to all of us to help our heroes! Writing our own letters to Mitt and Ann Romney will help bring these cases to their attention. Please notice information in post #49 and #69. Thanks!! More information at links below.
Two unjust decisions:
lst Lt Micheal Behenna...Conviction Upheld
Green Beret Kelly Stewart...Conviction Upheld
But those of us who know the truth have not given up working for their freedom.
lst Lt Micheal Behenna:
http://www.youtube.com/watch?v=IMbytddDjWI
http://www.defendmichael.com
http://bobmccarty.com/2012/07/19/fight-continues-for-army-officer/
Green Beret Kelly Stewart:
http://www.savethissoldier.com
http://threedaysinaugust.com/
http://bobmccarty.com/2012/07/26/court-affirms-conviction-of-highly-decorated-green-beret/
Beverly Perlson
http://www.thebandofmothers.com
http://www.defendmichael.com
http://www.savethissoldier.com
PLEASE READ AT THESE LINKS! Please keep these heroes in your prayers! If you want to help, please read post # 49 and 69. Thanks!
http://threedaysinaugust.com/?p=2854
http://theclappermemo.com/?p=663
Keep treating our military like this... and the Dem’s will solve the problem by unionizing every enlistee without a commission.
PING!
I am so sorry. More prayers needed.
I wonder if Romney is going to promise a pardon for Behanna.
lst Lt Michael Behenna’s conviction was upheld and now we learn Green Beret Kelly Stewart's conviction was upheld. I have never been so disgusted in my life. Frankly, I don't know how those involved in these convictions sleep at night.
I won't give up and hope you won't either. Romney is the answer!
I want to thank Bob McCarty for all the reports he has filed on both of these Brave Warriors. Again I ask you folks to order a copy of Bob's book, “Three Days In August”. You will be outraged and I hope you would want to know the outrageous injustice Green Beret Kelly Stewart suffered! Please see Bob's email below and please forward this to your lists!
Thank You
Beverly Perlson
The Band of Mothers http://www.thebandofmothers.com/
From Bob:
Two new posts worth reading and sharing:
Army Appeals Court Affirms Green Beret’s Conviction and Sentence — http://threedaysinaugust.com/?p=2854
More than three months after Sgt. 1st Class Kelly A. Stewart and members of his defense team appeared for a hearing before the ACCA at Fort Belvoir, Va., the court’s three judges issued a unanimous nine-page opinion that appears to be little more than an indictment of the highly-decorated combat veteran‘s defense team; and
Defense Intelligence Agency Employs Army Tactics in Response to Freedom of Information Act Request — http://theclappermemo.com/?p=663
A letter received yesterday seems to indicate that officials at the Defense Intelligence Agency are stealing a page from the U.S. Army’s playbook when it comes to dealing with pesky Freedom of Information Act requests — mine!
Sincerely,
Bob McCarty
Founder: BobMcCarty.com :http://bobmccarty.com/
Contributor: Breitbart.com :http://www.breitbart.com/Columnists/Bob-McCarty/
Kelly Stuart does have one more hearing, but do not know when it will take place as yet.
You are right. Prayers for truth and justice to win out in the end is our prayer. Right now, bringing these cases to Mitt Romney’s attention would be of great help. We know Obama cares NOTHING about our US Military! My tagline continues to be my greatest wish for November 2012!
Lost his right to self defense – in a war?
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