[Marxism] [prisoner!!!] was “aggressive and misbehaving. The case is closed.”

Brian Shannon Brian_Shannon at verizon.net
Sat Mar 26 13:44:26 MST 2005

Report: Army Won't Prosecute 17 Soldiers

Military investigators recommended courts-martial for the soldiers in 
the cases of three prisoner deaths for charges ranging from making 
false statements to murder. Officers rejected those recommendations, 
ruling that the soldiers lawfully used force or didn't understand the 
rules for using force, or that there was not enough evidence to 

Case #1
In one case, commanders decided not to file recommended criminal 
charges against 11 soldiers involved in the death of a former Iraqi 
Army lieutenant colonel in January 2004. An autopsy indicated the man 
died from blunt force injuries and asphyxia. Investigators determined 
there was enough evidence for negligent homicide charges against two 
soldiers and for various lesser charges, ranging from making false 
statements to assault, against nine others.

The accused soldiers' commander, however, decided that the soldiers 
were justified in using force against the Iraqi because he was being 
aggressive and misbehaving. The case is closed.

Case #2
In another case, Army Special Forces commanders decided not to bring 
charges against a soldier accused of shooting and killing a detainee in 
Afghanistan in 2002. The Special Forces commanders decided there wasn't 
enough evidence to bring that soldier to trial, the New York Times 
reported Saturday.

Case #3
The third case involved a soldier who killed an Iraqi detainee in 
September 2003. That soldier's commander decided the soldier was not 
well informed about the rules for using force against prisoners.

Compare These Sentences to
Sgt. Graner of Abu Ghraib Fame

Other cases not yet determined, but those determined received 3 years 
and 1 year and dishonorable discharges. Meanwhile Sgt. Grainer of Abu 
Ghraib fame was sentenced to 10 years behind bars for humiliating 
prisoners, and striking two other prisoners. His greatest offense, of 
course, was appearing in pictures that the whole world saw.

"Graner was accused of stacking naked prisoners in a human pyramid and 
later ordering them to masturbate while other soldiers took 
photographs. He also allegedly punched one man in the head hard enough 
to knock him out, and struck an injured prisoner with a collapsible 
metal stick."

Anticipatory Self-Defense
In a related story, CIA Director Porter Goss says that the CIA is 
authorized to kill terrorists “in appropriate cases against members of 
al Qaeda planning attacks against the United States.”
The CIA declined to comment on the remarks, but according to one former 
senior intelligence official, the decision to get around the ban, 
rather than to rescind or waive it, was made soon after the September 
11 attacks.

"They wanted to keep the ban in place," [a] former official said. The 
self-defense exemption "was a legal fabrication to save face, to say, 
'Yes, it still applies, but just not in these cases.'Â "

The former intelligence official said some Bush administration lawyers 
used a theory of anticipatory self-defense to justify their legal 
analysis that the ban did not apply to terrorists.


from Brian Shannon

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