Navy SEALs Fair Trial Jeopardized
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.
Tags: Blackwater Contractors, court-martial, Deposition, detainee abuse, McCabe, Navy SEALs, Puckett Faraj
January 2nd, 2010 at 8:38 pm
Frankly I’m appalled by the actions of not the Seals but their command authority. Without a doubt, both the Seals and the American people have been betrayed by their(command authority) lack of leadership and judgment all the way to the Whitehouse as far as I’m concerned. I fear this is what happens when the military leadership becomes more concerned with politics than the good of the American soldier and the American people as a whole. This incredibly stupid blunder only serves to highlight the degree to which we you have lost touch with the fact that these are our children, sisters and brothers putting themselves in harm’s way for all Americans. Do you really think we would try them, ruin their careers and reputations on such a trivial offense as this? It is not the Seals at whom the American people must look askance but those who cannot discern which battles to fight.
January 13th, 2010 at 3:53 pm
These Courts Martial are nothing more than a political sham!Our troops who risk their lives in the defense of their country are being used by the Obama administration as scape-goats to further their political agenda. This matter should never have gone this far. We require loyalty FROM our troops, but apparently provide them with little of the same. This terrorist whom they captured is a murderer! The fact that he got a ‘fat lip’ as a result of his capture is nothing that should even have been pursued. The terrorists know how weak our government is, and they are playing us for all it is worth. It is embarassing for us as Americans, and a tragedy for these brave soldiers!
January 21st, 2010 at 7:57 am
This is absolute crap that our government would even do this. These experts have a job to do and this sends a message that they should not protect us as they will face charges for breaking a monsters nail. I just don’t believe this and this administration is endangering our country and all the US citizens. I look forward to voting out every single one of them. They blame George Bush and badmouth him but we were safe 7 years under Bush. Mr Obama and his croneys don’t deserve the respect of the American people until they get it right. A terrorist is a terrorist not a soldier is a terrorist!! Respect those who serve.
January 23rd, 2010 at 3:19 pm
For a government to spend the billions is does to sustain a well trained military, with additional training for the higher risk troops (SEALS, Special Ops), send them out under orders with not much more than a licorice stick is ludicrous. Quit the sham. If we are warring against the terrorist enemy, let it be a war. If it’s a political action, then let the politicians and PC military ‘fight it’ on the picnic grounds.
This only proves that the military is more interested in their careers and maintaining their CYA files than in winning anything and you collectively have become a laughing stock. I chuckle every time I pass the Pentagon. What a joke.
Now, you ask the taxpaying citizens to continue to support you? WE, at least, are not interested in throwing good money after bad.
Retire. Open a golf driving range. Stay away from our young troops. Release these SEALs and return them to duty to do what you have trained them to do.
A ‘fat lip’. Really! I believe they showed considerable restraint. That they allegedly ‘lied’ about part of it only proves you have set an atmosphere of distrust among the troops. Shame on the leadership. When a fish stinks, it stinks from the head.
If only we could vote the military ‘leadership’ out of office.