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Justice: first SEAL cleared of all charges

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Justice: first SEAL cleared of all charges

Well, this news just makes my day. We’ve got our first sampling of justice, and all there is to say now is this: one down, two to go.

A U.S. military jury cleared a Navy SEAL Thursday of failing to prevent the beating of an Iraqi prisoner suspected of masterminding a 2004 attack that killed four American security contractors.

The contractors’ burned bodies were dragged through the streets and two were hanged from a bridge over the Euphrates river in the former insurgent hotbed of Fallujah, in what became a turning point in the Iraq war.

The trial of three SEALs, the Navy’s elite special forces unit, in the abuse case has outraged many Americans who see it as coddling terrorists.

A six-man jury found Petty Officer 1st Class Julio Huertas, 29, of Blue Island, Illinois, not guilty of charges of dereliction of duty and attempting to influence the testimony of another service member. The jury spent two hours deliberating the verdict.

“It’s a big weight off my shoulders,” a smiling and composed Huertas said as he left the courthouse at the U.S. military’s Camp Victory on Baghdad’s western outskirts.

“Compared to all the physical activity we go through, this has been mentally more challenging.”

Huertas said he plans now to continue with his military career and “to go home and kiss my wife.”

Huertas was the first of three SEALS to face a court-martial for charges related to the abuse incident and the verdict was a major blow to the government’s case. All three SEALs could have received only a disciplinary reprimand, but insisted on a military trial to clear their names and save their careers.

The trial stems from an attack on four Blackwater security contractors who were driving through the city of Fallujah west of Baghdad in early 2004. The images of the bodies hanging from the bridge drove home to many the rising power of the insurgency and helped spark a bloody U.S. invasion of the city to root out the insurgents later that year.

The Iraqi prisoner who was allegedly abused, Ahmed Hashim Abed, testified Wednesday on the opening day of the trial that he was beaten by U.S. troops while hooded and tied to a chair.

Navy Petty Officer 3rd Class Kevin DeMartino, who was assigned to process and transport the prisoner and is not a SEAL, testified he saw one SEAL punch the prisoner in the stomach and watched blood spurt from his mouth. Huertas and the third SEAL were in the narrow holding-room at the time of the incident, he added.

But defense attorneys tried to cast doubt on the beating claims, showing photographs of Abed after the alleged beating in which he had a visible cut inside his lip but no obvious signs of bruising or injuries anywhere else.

In her closing arguments, Huertas’ civilian attorney Monica Lombardi pointed to inconsistencies between DeMartino’s testimony and nearly every other Navy witness. She also reminded the jury of the terrorism charges against Abed, who is in Iraqi custody and has not yet been tried, saying he could not be trusted and may have inflicted wounds on himself as a way of casting blame on American troops.

“There was no abuse,” Lombardi said. “This is classic terrorist training.”

After the verdict, Lombardi said the jurors told her they had made their ruling because there were too many inconsistencies in the case and that they did not believe the prisoner.

Prosecutors refused to comment after the verdict, but in his closing argument Lt. Cmdr. Jason Grover said the SEALs were itching for payback for the killings of the Blackwater guards — two of whom were former SEALs — and that now the elite unit had “circled the wagons.”

The court-martial of Petty Officer 2nd Class Jonathan Keefe, of Yorktown, Virginia, who is also charged with dereliction of duty on allegations he failed to safeguard the prisoner, is scheduled to begin Friday also at Camp Victory.

Petty Officer 2nd Class Matthew McCabe, of Perrysburg, Ohio, the SEAL charged with assaulting Abed, is scheduled to be court-martialed May 3 in Virginia, where the three men are based.

I want to give a big thumbs up to Monica Lombardi here, for pointing out the obvious. The fact that she has to do so in and of itself is sad, but thanks to her, an American hero found justice and is free today. Good for her.

As Lombardi pointed out, there have been massive inconsistencies about exactly what happened to Abed. All the prosecution really had was the word of a terrorist, and (as pointed out at Blackfive) the word of a Master-at-Arms Third Class who gave five conflicting statements.

When you throw in the fact that Al Qaeda’s own training manual tells operatives to claim torture and abuse if captured, it’s a wonder that the prosecution went forward at all. It’s an outrage that the Department of Defense would go after these three heroes, these honorable men, based on nothing but the word of the mastermind of the brutal murders of four American men. It’s beyond an outrage. I’m so excited, relieved, and happy to hear that Huertas has been cleared of all charges, but I’m still spitting mad that charges were ever brought to begin with.

(Hell, I’m still of the opinion that if Abed was roughed up a bit, and got a bloody lip, it’s because he damn well deserved it.)

Let’s hope that the remaining two SEALs are able to find justice as well.

UPDATE: Welcome, Michelle Malkin readers!

Cross-posted at The Green Room and Stop the ACLU.

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8 Comments
  • Stan25 says:

    They should have shot the terrorist instead of detaining him. That way there would be no ambiguity about the case and he would have not had a chance to use the terrorist playbook.

  • bill-tb says:

    It’s coming down to shoot them all …. sad state for America when it’s own federal government turns against our finest. The word of a Seal is far more significant, and has more weight of character, than the word of a terrorist.

    It’s all an Obama show trial.

  • fishydude says:

    Bill, issue them all “drop” guns. Shoot on sight. No more waiting until they shoot first.
    Rules of engagement must put the lives of our servicemen over the political sympathies of the locals.
    Killing goat herders is not murder when they know the goat herders will run to the enemy and tell them where you are.
    Killing pirates trying to hijack a ship is not murder.
    Killing terrorists is not murder. Collateral deaths when terrorists hide among civilians in hospitals and schools is not murder.
    For that matter, killing MS13 gang members is not murder. It is a public service.

  • Good. Very good.

    And congratulations on the Malkinlaunch.

    I still wouldn’t wanna be one of the other two. This has the faint whiff of a Scooter Libby/Karl Rove thing…like one doesn’t get dunked, the other has to go down for something. Pound of flesh comes from something somewhere. Hope I’m wrong.

    Hey, can someone please explain to me the Obama voter who is a huge fan of “24” and “300”? I doubt like hell that it has anything to do with arabic numerals divisible by twelve…these gritty hist-o-fict-o-pics embellish that which is plainly true of human nature, that in a match-up between brutality and something else, brutality tends to win. The libs appear to eat it up just as ravenously as anybody else does. And then when the spotlight swivels to what happens with real flesh-and-blood people, they start lecturing us that all of a sudden it doesn’t work that way, we can win hearts and minds by sending our best sons and daughters to the brig.

    If it doesn’t work that way, if mortaring up a wall with the bodies of your enemies’ scouts really doesn’t have a deterrent effect, then what do they find appealing about it? Seriously, are they rooting for Xerxes or what?

    Just something that gnaws at me whenever I read about cases like this.

  • I am so glad that the jury had some sense!!! It’s sick that our government went after those who are defending our freedoms!!
    I’m praying that the other 2 SEALs have juries with common sense, too!

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