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Haditha, Support our troops

Haditha Marine trial judge finds unlawful command influence

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Major Setback for Prosecutors in Chessani Court Martial; Military Judge Finds Evidence of Unlawful Command Influence

Press release from the Thomas More Law Center, May 21, 2008 (in part):

ANN ARBOR, MI – Prosecutors yesterday hit a major speed bump in their rush to convict Marine LtCol Jeffrey Chessani when the Military Judge ruled that he found evidence of unlawful command influence. Courts consider unlawful command influence the “mortal enemy of military justice.”

Although the case is far from over, yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.

The Unlawful Command Influence motion (click here for Motion) was brought before Military Judge, Colonel Steven Folsom, by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “Considering the politically charged nature of this case — and particularly this motion — Colonel Folsom made a courageous decision.”

Thompson went on to say, “The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians. This ill-conceived prosecution has resulted in the removal of one of America’s most effective combat commanders in Iraq by the Marine Corps’ own standards. Although nothing can undo the harm caused to our Nation and to LtCol Chessani and his family, this ruling gives us hope that the military justice system will rise above the politics that fomented this prosecution and allow LtCol Chessani, who devoted more than 20 years to the Marine Corps and to the defense of our Nation, to get on with his life.”

Read the rest at the War Chronicle.

Guantanamo, Support our troops

Abuses at Guantanamo confirmed by Deputy Commander

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After years of unconfirmed allegations by Guantanamo detainees and their defense lawyers of abuse, one senior military officer finally had the courage to publicly speak out. On May 4, 2008, Brigadier General Gregory Zanetti, the deputy commander of the Joint Task Force-GTMO, wrote in LJWorld.com, “What follows is a typical morning report at the BUB. Real names and real detainee numbers are not used. The term “rec” is short for recreation.”

“Good morning sir, Chief Simmons Camp 6. We have 112 assigned, 112 present. Last night detainee 765 requested onions and parsley on his salad and requested to see the camp commander regarding his request. 844 wants a better detainee newsletter and 632 has requested a Bowflex machine because he says he is not getting enough of an upper body work out.

“We had 3 significant activities last night: 601 balled up feces and threw it at the guard hitting him in the chest saying next time he would hit him in the mouth. Next, as 155 was being taken to rec, he bit a guard on the arm until it bled. Detainee was not allowed rec and had comfort items removed. When asked why he did it, 155 just laughed. The guard was sent to medical where he is being evaluated. Finally, 767 yelled at female guard saying, ‘I am going to rape you. I am going to rape you. And when I get out of here I am going to kill you and your family.’ Sir, barring any questions, that concludes my report.”

Many may believe the above BUB report is exaggerated or hyperbole. It is not. It could have just as easily been a detainee demanding a lighter gray shirt because the dark gray shirt “hurts his gall bladder.” Or a detainee smearing feces on the walls of his cell. The guards refer to these detainees as “painters” or “poo-cassos.”

What occurs daily inside the wire is a bizarre mixture of the dangerous, the disgusting, and the absurd. And, despite urban legends and misperceptions, any mistreatment or abuse that goes on inside the camps is that of detainee-on-guard, not the reverse.

This morning, when word of these abuses reached Washington, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid, the Center for Constitutional Rights, and the American Civil Liberties Union conducted a hastily arranged, joint press conference in support of America’s troop stationed at Guantanamo. Click here to listen to the audio.

Hat tip to Black Five.