Press Release: The government requested Major General Cleveland order a deposition of the mass murderer accusing the three Navy SEALs of abuse. This deposition would take place in Iraq in lieu of the insurgent’s presence in a courtroom at the Norfolk Naval Base, VA. The deposition would be in the detention center and requires travel to Iraq; adding to the government expense of the courts-martial of the three Navy SEALs, as well as to the cost of private legal expenses for all three SEALs who have hired civilian attorneys to represent them.
Demonstration of Efforts to Produce the Accuser
The government appears not to have attempted to coordinate the insurgent’s travel to the United States to testify in the three courts-martial of these SEALs. They are assuming it would be too difficult, requiring Department of State intervention and permission from the Iraq government to assure the detainee’s custody during travel to the United States for the courts-martial. Instead, the government is requesting a deposition, and is doing so without first demonstrating all attempts to have the accuser in court have failed.
Deposition in Iraq
A military judge can admit into evidence a deposition of someone who cannot attend a court-martial only if all other remedies to get that individual to the courtroom failed. If Major General Cleveland approves the request, the government will travel to Iraq to ask the insurgent questions. While military attorneys can attend, the accused Navy SEALs have the option of attending, and the civilian defense attorneys would be invited as well. But the government will not pay for their travel or accommodations for the law firms representing SEALs.
A Fair Trial
A deposition where both the government and the defense have an opportunity to question the detainee on the record may be admitted in a military court. However, it denies the Navy SEALs the their full Constitutional right to confrontation of their accuser during military judicial proceedings in the courtroom. A court-martial allows the members, known in the civilian courts as a jury, the opportunity to ask questions of the detainee. But if a deposition is presented to the military jury, they will have no opportunity to ask questions. If the government does not bring the insurgent into court, the defense will be hampered in their pursuit of justice for the Navy SEALs.
Some Discovery Still Withheld
SO2 McCabe’s defense team has recently received a portion of the discovery (“evidence”) against him. Other parts of it remain classified and are being withheld until the Navy approves the clearance of the civilian attorneys. In the meantime, full preparation for the defense of SO2 McCabe cannot occur until all evidence is available and the disposition of the insurgent’s presence at the court-martial is resolved.
