Tim Sumner

Haditha, Iraq

The first day of the court martial of the last ‘Haditha’ Marine

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The court martial of SSgt Frank Wuterich began Thursday and may take several weeks to conduct. It will continue Friday and reconvene Monday morning at 8 am PST.

I spoke with Nat Helms this evening. He is attending the trial at Camp Pendleton: (Updated)

Jury selection is today: eleven enlisted and officers and three alternates will go through UCMJ version of the Voir Dire selection. LtCol. David Jones presiding. Panel must have at least five and can have seven or nine members although somewhere in the middle is likely.

Nat will do his best to post a daily diary, his takeaway each day of the trial, by 11 pm Eastern, at Defend Our Marines. He told me there are 11 Marines being considered for the panel, 5 officers and 6 enlisted. All but 1 of the 11 are “grunts” with combat experience.

In related news, the trial judge dismissed four of the (non-manslaughter) charges in the case. SSgt Wuterich still faces the most serious charges, 9 counts of voluntary manslaughter, two counts of assault with a dangerous weapon, and three counts of dereliction of duty. The dropped charges, misconduct for allegedly asking his subordinates to lie and what amounts to recklessly endangering civilians, were dropped due to procedural errors; it will likely not inhibit the prosecution’s ability to use related evidence at trial.

One interesting item in today’s news reports was the lead prosecutor told reporters Wuterich was “responsible” for 19 deaths. That was a strange statement to make. Major Gannon mentioned in the same breath that Wuterich was charged with only 9 counts of voluntary manslaughter, to include the 5 men who dismounted a nearby white car immediately after an IED ripped through the squad’s trail Humvee. Originally, SSgt Wuterich was charged with 24 counts of murder.

Do the math.

Four of those counts were dropped after the convening authority determined those killed in house #4 presented a clear threat. Five counts of voluntary manslaughter are for those killed near the white car. That leaves 15 deaths to be accounted for, but 5 (white car) and 15 equals 20, not 19, the number for which Wuterich is allegedly “responsible.”

Opening arguments, the competing theories, have not been presented. Will the prosecutors concede that the man killed after he bolted from house #1 (while it was being swept by fire) towards house #2 also was a clear threat? If so, it will present the defense with several interesting arguments … Enough said as my investigative duties and career in military law enforcement ended before some who are currently serving were born.

SSgt Wuterich stands in the dock of justice facing the possibility of conviction and a long prison sentence. Yet all charges against six of the eight Marines involved in the so-called Haditha massacre were dismissed. And the seventh Marine was acquitted of all charges during his 2008 court martial.

Another strong ray of hope might be found in the concluding statement made by Article 32 investigating officer Lt Col Paul Ware:

Finally, although I believe the Government will fail to prove beyond a reasonable doubt that SSgt Wuterich committed any offenses other than dereliction of duty, due to the serious nature of the charges, I recommend referral to a general court martial.

Pass the word, stay tuned into Defend Our Marines, and Semper Fi.

9/11, Gitmo, Guantanamo, Khalid Sheikh Mohammed, Military Commission

Military Commission 9/11 murder and conspiracy charges to be resworn against KSM et al

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We received tonight from the Office of Military Commssions that the charges against Khalid Sheikh Mohammed and his four senior cohorts will be resworn Tuesday:

30 May 2011
2000 hours

Dear 9/11 Families,

We wanted to inform you that charges will be sworn tomorrow against Khalid Sheikh Mohammed, Walid Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa al Hawsawi for their involvement in the September 11, 2001 attacks. The eight charges common to all five of the accused are: Conspiracy, Murder in Violation of the Law of War, Attacking Civilians, Attacking Civilian Objects, Intentionally Causing Serious Bodily Injury, Destruction of Property in Violation of the Law of War, Hijacking Aircraft, and Terrorism.

The Conspiracy charge details 167 overt acts allegedly committed in furtherance of the 9/11 attacks, and alleges the following against the five accused in the following order:

Khalid Sheikh Mohammed is alleged to have been the mastermind of the 9/11 attacks by proposing the operational concept to Usama bin Laden as early as 1996, obtaining approval and funding from Usama bin Laden for the attacks, overseeing the entire operation, and training the hijackers in all aspects of the operation in Afghanistan and Pakistan.

Walid Muhammad Salih Mubarak Bin ‘Attash is alleged to have administered an al Qaeda training camp in Logar, Afghanistan where two of the September 11th hijackers were trained. He is also alleged to have traveled to Malaysia in 1999 to observe airport security by U.S. air carriers in order to assist in formulating the hijacking plan. It is also alleged that he provided a letter to Usama bin Laden detailing his findings on airport security, including how to get a razor-knife on board an aircraft.

Ramzi Binalshibh is alleged to have originally been selected by Usama bin Laden to be one of the September 11th pilot-hijackers with his Hamburg, Germany associates Mohamed Atta, Ziad Jarrah, and Marwan al Shehhi. It is alleged that after filming a “martyr video” in preparation for the operation, but then failing four times to get a visa to travel to the United States to attend flight school, Binalshibh continued to assist the conspiracy by engaging in numerous financial transactions in support of the 9/11 operation. It is also alleged that Binalshibh then became the communication hub between the pilot-hijackers and senior al Qaeda leadership regarding the planning details of the operation.

Ali Abdul Aziz Ali is alleged to have sent approximately $120,000 to the pilot-hijackers for their expenses and flight training, and alleged to have facilitated travel to the United States for nine of the hijackers. It is also alleged that Ali attempted to enter the United States just prior to the September 11th 2001 attacks but was denied a U.S. visa to travel.

Mustafa Ahmed Adam al Hawsawi is alleged to have assisted and prepared the hijackers with money, western clothing, traveler’s checks and credit cards. He is also alleged to have facilitated the transfer of thousands of dollars between the accounts of alleged 9/11 hijackers and himself around September 11th, 2001.

These charges are allegations and the five accused are presumed innocent unless and until proven guilty beyond a reasonable doubt by a military commission.

After charges have been sworn, they will be presented to the Legal Advisor for the Convening Authority (CA) for his review and advice. After this review, the CA – in his sole discretion – may then refer the charges to a military commission. The CA will also determine whether or not to refer the charges to a capital military commission (meaning whether or not the death penalty will be sought in the case). If referred (capital or non-capital), a military judge would then be assigned and a panel of eligible military officers would be selected as potential members of the military commission. The accused would then be arraigned within 30 days of the service of the referred charges.