Allen B. West, Lt. Col., U.S. Army

The Federalist Newsletter | 11-7-03 | The Federalist Staff

[FlyLow]

Last week, Allen B. West, Lt. Col., U.S. Army, was indicted on criminal assault charges for the psychological intimidation tactic he used to acquire vital intelligence from a captured enemy combatant in Iraq. Col. West's interrogation -- which included, as a last resort, twice firing his sidearm away from the detainee -- obtained information of an imminent attack against soldiers under his command, undoubtedly saving an untold number of American lives. Apart from his prosecution, Col. West's so-called "criminal assault" produced other, more constructive results: "There were no further attacks from that town," notes the colonel. "We further apprehended two other conspirators (a third fled town) and found out one of the conspirators was the father of a man we had detained for his Saddam Fedayeen affiliation."

He now faces an Article 32 hearing scheduled for November 10 in Kirkuk, which could result in his court-martial. The 4th Infantry's divisional judge advocate initially offered West the option to resign his commission and forfeit his retirement benefits (one week short of his 20-year retirement eligibility) or face a general court-martial and a sentence of eight years in prison. (Gee, thanks, Your Honor.)

Article 128 of the Uniform Code of Military Justice describes criminal assault in these terms: "Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct." The Army's judge advocate interprets West's actions to be in violation of this restriction. This may be correct, but in both civilian and military courts, decisions are frequently made to decline prosecution based on extenuating circumstances -- and this, clearly, should be one of those cases.

In his only statement since the incident, Col. West asks, "[The enemy detainee] and his accomplices were a threat to our soldiers and the method was not right, but why should I lose 20 years of service or be forced into prison for protecting my men?"

The Federalist asks the same question and calls on fellow Patriots to come to the aid of Col. West and all officers on the front line in our nation's ongoing war against Islamic terrorism and its state sponsors. How can we expect our frontline officers to fight wars the Bush administration calls "preemptive" if they are not given the latitude to respond -- preemptively -- to the asymmetric threats of terrorist aggressors? Would the deaths of American soldiers in the ambush Col. West thwarted at Saba al Boor have constituted a more acceptable result for the Army's judge advocate? While the military is successfully adapting its capabilities to meet the challenges of asymmetric, anti-terrorist warfare, a paradigm shift in how the military expects its officers to carry out such a war seems to be in order.

In the last two days, almost 70,000 Patriots have signed our petition to exonerate Col. West from this grossly misguided criminal prosecution. Please join us. Link to -- http://PatriotPetitions.US/colwest

[itsLUCKY2B]

We need a thousands more like You. God Bless Lt. Col West!!!

[MeekOneGOP]

Great ! :O)

[jmac1369]

Thank you, Dolly.

If I were going to rate the officer who referred LTC West for charges under the UCMJ, I would do it thusly:

"This officer constantly fails to meet the low standards he sets for himself".

John McCarthy
Chairman of The Board of VERPA
www.verpa.org
Web Log: www.jenmartinez.com/vetsturn/
Background: www.geocities.com/larryjodaniel/23.html
www.fromthewilderness.com/free/hall/Mac.html
jmac1369@earthlink.net

[jmac1369]

Thank you.

I have emailed Ltc West, his wife Angela and his attorney, Mr. Puckett. I provided the URL's from my first post on this message board in hopes that the information will assist in a meaningful way with respect to the tough decisions facing them soon.

The UCMJ is draconian at best.

And the United States Disciplinary Barracks (USDB) is no barracks; it is a penitentiary in every sense of the word.
Once those steel doors clang shut and the locks are thrown, the only sound that penetrates is the whistle of a train off in the darkness as it runs along the Missouri River bank.

Regards,

John McCarthy
Chairman of The Board of VERPA
www.verpa.org
Web Log: www.jenmartinez.com/vetsturn/
Background: www.geocities.com/larryjodaniel/23.html
www.fromthewilderness.com/free/hall/Mac.html
jmac1369@earthlink.net

[jmac1369]

I would be honored to be pinged by you.

Semper Fi! Danger is no stranger to the Airborne Ranger.

Somewhere in the Chain of Command, someone is going to have to muster the moral courage to disengage the formality of the legal issues facing Ltc. West. Whom ever that person is, may God Bless him or her.

Lets not add Ltc. West to the casualties of this thankless war. Let us rally around this warrior, not prosecute him! VERPA is soon to be before the Senate Judiciary Committee presenting abuses shielded by the FERES Doctrine since 1950. Let us not add Ltc. West to these egregious cases.

John McCarthy
Chairman of The Board of VERPA
www.verpa.org
Web Log: www.jenmartinez.com/vetsturn/
Background: www.fromthewilderness.com/free/hall/Mac.html
www.geocities.com/larryjodaniel/23.html

[jmac1369]

FALLING ON ONES SWORD or not: A lesson in moral courage.

Having been charged with article 118 (capital murder, premeditated, sentence; Death or Life ONLY) and then offered a "deal" for pleading guilty to manslaughter (maximum sentence ten years confinement at hard labor dishonorable discharge, reduction in rank and forfeiture of all pay and allowances) and refusing this offer and refusing to make a statement, the powers that be decided on a trial by General Court-martial. Little did I know that it made no difference of my innocence to the charge.
My God, man, this is the United States Army. They would not fabricate evidence in order to obtain an unjust conviction for a crime not committed! Hold on there. The charge sheet does not say the Untied States Army vs Captain John McCarthy, it reads "The United States"! Now that's a pretty big outfit! Listen up Ltc. West!

The president of the court-martial board told me sixteen years later, in 1984, that if the Army thought me innocent of the crime, they would never have charged me in the first place, and he, as an officer of the court had his duty to convict, damn the evidence. What blew his mind was the recantation of the government's "expert" witness. The Verdict had been Guilty. Deliberation on sentencing lasted less than three minutes. Sentence: "To be confined at hard labor for the term of your natural life". No discharge, no forfeiture of pay and allowances and no reduction in rank. I drew full pay and allowances for 686 days in the military's penitentiary in Ft. Leavenworth, Kansas, equal distance to every border.

What's necessary here, Ltc West, is all the publicity you can muster and the finest CIVILIAN defense attorney available. The latter being the priority. DO IT NOW!

For the details, see:
http://www.fromthewilderness.com/free/hall/Mac.html
http://www.geocities.com/larryjodaniel/23.html

This matter is so serious, it is difficult to put to words.
The deck is stacked. No matter the circumstance, once the wheels of justice are engaged re the UCMJ, they might just as well say, "Bring the guilty bastard in". DO NOT LET THIS MATTER PROCEED TO TRIAL!

My prayers to you and your family.

John McCarthy
Chairman of The Board of VERPA
www.verpa.org

[MeekOneGOP]

Adding you to my list is my pleasure.

Thank YOU for your service to this great country !

[jmac1369]

We must keep this in context re "enemies within our ranks". It is a subject not discussed in most circles. During Special Operations in Vietnam, radio messages being sent from South Vietnam to North Vietnam were intercepted by our National Security Agency, deciphered and shockingly, contained the grid coordinates of the landing sites for our Studies and Observation Group (MACVSOG) "hatchet" teams into Laos, Cambodia and North Vietnam. It is no wonder that we suffered so many casualties during these operations. It follows that most, if not all, of our "secret" operations were penetrated by the opposition. Ted Shackley, CIA Station Chief from 1968-72, claimed to have an agent in the Viet Cong infrastructure, COSVIN, was code named "hackle", and was touted as the only successful penetration of that organization. Perhaps it was ego, but if you put a "S" in front of Hackle and a "Y" on the end, you get "Shackley".
Treason in War is so diabolical. Many things that go wrong in war can be attributed to espionage and sabotage. It is no different in the current war in Iraq. Take for instance the current legal action against LTC West. Who is pushing this? Is there not more harm being done than creating "good order and discipline". The opposition must be jumping with glee over this abortion.
John McCarthy
Chairman of The Board of VERPA
http://www.verpa.org
Web Log: http://www.jenmartinez.com/vetsturn/
Background: http://www.geocities.com/larryjodaniel/23.html

[Dante3]

Yep, apparently they are going after West because he SCARED an enemy and save US lives. Almost leaves me to believe that our military has been infilitrated and they want Americans to die. West should get a medal. It's an outrage what is being done to him.

[Dratlatl]

"This officer constantly fails to meet the low standards he sets for himself".

You treat him too kindly; mine would begin:

"This man is impersonating an officer."

[Poohbah]

Yep, apparently they are going after West because he SCARED an enemy and save US lives.

And in so doing, violated lawful orders governing the handling of prisoners.

Almost leaves me to believe that our military has been infilitrated and they want Americans to die. West should get a medal.

When I was in the Marine Corps, you didn't get medals for violating lawful orders.

It's an outrage what is being done to him.

No, what's outrageous is that he's demanding a free pass on this sort of thing right after he Article 15'd two soldiers for beating the same prisoner.

You do NOT get to pick and choose which orders to obey in the military. It's bizarre to hear "conservatives" advocating that position.

[jmac1369]

Re "lawful orders"; the operative word here being "lawful".
The integrity of the system is only as true and coherent as those commanding a given action.

If a nuclear device is activated in Iraq, will it be us or them who did it? How will we ever know? Whose decision will it have been? Whose integrity will be questioned then? If a suicide terrorist is the culprit, how would we ever know? If it is one of our suitcase devices, who will have ordered it's activation? Do we even have nukes in Iraq? We had them in Nam. They were stored in Long Binh and nearly compromised during the Tet Offensive January 30, 1968. A First Lieutenant was the Nuclear Weapons Control Officer. What would the rank be for the same officer in Iraq? 03? 04? If LTC West was the man in charge of the Special Atomic Demolitions Munitions (SADM) would he have activated one if ordered to do so? Would that be a "lawful" order. How would we ever know? The "blame game" would certainly be activated.
John McCarthy
Chairman of The Board of VERPA
http://www.verpa.org
Web Log: http://www.jenmartinez.com/vetsturn/
jmac1369@earthlink.net
Background: http://www.fromthewilderness.com/free/hall/Mac.html
http://www.geocities.com/larryjodaniel/23.html

[Poohbah]

What is the point of your post?

LTC West saw fit to Article 15 two of his soldiers for misconduct with this same prisoner, and now demands exemption from the legal process for his own misconduct.

"Do as I say, not as I do" is not a core value of the US Army, or any other branch of service.

The argument here--that LTC West's misconduct is irrelevant because of a good outcome--is remarkably similar to the arguments made by Clinton's defenders regarding his gross violations of the Constitution: "Yeah, well, the economy's doing great!"

[jmac1369]

"What is the point of your post?"

Integrity, honesty and responsibility of command. Rules and orders not to beat prisoners is pretty much understood by those, including the ones who accepted article 15's for beating the prisoner in question, the spy. Without disciplinary action by West against those who beat the prisoner, West could be considered to condone the action, and in meeting out the non-judicial punishment, West prevented double jeopardy against his men. I don't see this as a double standard. I see it as command standards. West himself should have been offered an Article 15, but wasn't. He was offered resignation and the hell with 19 years and 51 weeks of service. What would you have done? It goes back to moral courage and the responsibility of command. Officers carry side arms to enforce their command. If a member of a unit in combat refuses a "lawful" order, he can be shot, on the spot. Of course the officer can also be "fragged". But I don't want to split hairs with you. West had the responsibility of command and he exercised it with what was available at the time. He did not beat the prisoner. He got his attention to the heartfelt thanks of those who were forewarned of certain death.

But, now that I am aware of the Feres Doctrine, I am positive I would never have entered the service or undertaken all that I did. A person should not have to swear to protect the Constitution of The United States and at the same time forfeit Rights under the First Amendment.

When we acquired the soldier, we did not abandon the citizen.

John McCarthy
Chairman of The Board of VERPA
http://www.verpa.org
jmac1369@earthlink.net
Web Log: http://www.jenmartinez.com/vetsturn/

[river rat]

If the logic to prosecute this Lt/Col is valid.....
Half our platoon would have spent the last 40 years in Leavenworth..
This is madness...

Your point of this prisoner, being a spy - is a slant that I hadn't thought of...
It may save the Lt/Col's life.

Semper Fi

[Poohbah]

Integrity, honesty and responsibility of command. Rules and orders not to beat prisoners is pretty much understood by those, including the ones who accepted article 15's for beating the prisoner in question, the spy. Without disciplinary action by West against those who beat the prisoner, West could be considered to condone the action, and in meeting out the non-judicial punishment, West prevented double jeopardy against his men. I don't see this as a double standard.

Get a better eye doctor.

West himself should have been offered an Article 15, but wasn't.

I have never heard of an officer getting Article 15'd. Offenses against military discipline by officers are much more serious that the same offenses committed by enlisted personnel. Officers are held to a higher standard of conduct for a reason.

He was offered resignation and the hell with 19 years and 51 weeks of service.

Sorry, if he's guilty of this offense, he doesn't belong in the uniform. They were offering him an out without a felony conviction. In the old days, they would've offered him a chance to "do the honorable thing."

What would you have done?

I wouldn't have violated the orders given to me regarding the handling of prisoners.

The situation was apparently not as urgent as West's spin has described.

It goes back to moral courage and the responsibility of command.

And, from the viewpoint of eight years of being one of the commanded, he lacks moral courage and is trying to duck responsibility.

If he can't command himself, he has no business commanding others.

He got his attention to the heartfelt thanks of those who were forewarned of certain death.

Bravo Sierra. Death--for anybody--was NOT certain in this case.

West chose to take the first step onto the slippery slope, in the name of expediency.

Expediency can justify ANY conduct if you simply plead that the situation is "urgent."

Do it often enough, and long enough, and you end up justifying behavior every bit as abominable as Saddam Hussein's was.

"Whoever battles with monsters had better see that it does not turn him into a monster. And if you gaze long into an abyss, the abyss will gaze back into you." -- Nietschze

[johnb838]

they are going after West because he SCARED an enemy

I just can't get over how ridiculous the above sounds when spoken aloud. They say it's a slippery slope and what's next, grazing him? Wounding him? I say it is a slippery slope in that they punish one high ranking officer over interrogation and it produces a chilling effect on our military's ability to conduct business. Next they will all have to have lawyers paid for by Uncle Sam. The un-uniformed spy types that is.

I wish someone would take one of these spies and blow his head off, as is permitted under the Geneva Convention, to shine a light on the problem and produce a test case.

[jmac1369]

That's a nice picture of a nuclear detonation you posted. Do you possess the courage to set one off? Don't hide behind "lawful orders"; do you have the courage? How would you verify the "order" was legit? How much time would you take before pushing the button? You are not a leader, just a follower....

[Poohbah]

I just can't get over how ridiculous the above sounds when spoken aloud. They say it's a slippery slope and what's next, grazing him? Wounding him?

Believe it or not, like it or not it is a slippery slope.

I say it is a slippery slope in that they punish one high ranking officer over interrogation and it produces a chilling effect on our military's ability to conduct business.

He knew the rules; hell, he prosecuted men for violating those same rules.

Now he demands exemption from the consequences of violating those rules. "Do as I say, not as I do" is NOT a leadership technique.

Next they will all have to have lawyers paid for by Uncle Sam. The un-uniformed spy types that is.

If you don't like the idea of officers obeying the laws of the land, I'm sure there are military dictatorships more to your liking.

I wish someone would take one of these spies and blow his head off, as is permitted under the Geneva Convention, to shine a light on the problem and produce a test case.

I was unaware that the Geneva Convention overruled Article 118 of the UCMJ. Does international law overrule US sovereignty?

[Poohbah]

That's a nice picture of a nuclear detonation you posted. Do you possess the courage to set one off?

Yes, if I were in receipt of orders from the National Command Authority and had properly verified them.

Don't hide behind "lawful orders"; do you have the courage?

Yes.

How would you verify the "order" was legit?

By verifying the emergency action message. To do so, I would use the procedures set forth to do so (Validate the EAM containing the firing order, entering the PAL release code, and turning my key).

How much time would you take before pushing the button?

As much as necessary to validate the order. Not very long at all, considering.

You are not a leader, just a follower....

To be a leader in a military force, you must first be a follower.

Armies, shorn of the need to follow duly constituted civil authority, turn into either agents of entropy, or agents of tyranny.

Which do you wish the American military to be?