Interrogating Army 'justice' - A call for reform
Bill Smith, ARRA Editor: In the following Washington Times' "Op Ed," two retired military generals and a colonel seek justice for a Army Captain who faithfully served his country and was abused by an inept defense attorney and the military justice system. The rightly address that "We are asking a lot from our people. They must fight the enemy with great restraint. Even the appearance of transgression of the rules of engagement is punished severely by military courts. It is time for a public debate regarding the double standards that bind our hands in battle but impose no restraint on the enemy. Our soldiers are fighting under the most difficult conditions and are being second-guessed by military lawyers and bureaucrats in snug offices in safe, rear areas. We need to remember that life is a lot messier at the front." The call to fair treatment of our military troops by its own justice system is made by Major General Paul Vallely (USA), Lt. General Thomas McInerney (USAF) and Colonel Andy O'Meara (USA). A call to arms on behalf of soldier in Afghan detainee case. OP-ED: When President Obama dispatched another 17,000 troops to Afghanistan, he didn't know that one of the biggest risks they face comes from the U.S. military's own lawyers. An out-of-control, politically correct legal code means U.S. soldiers could be brought up on charges just for discharging their duty. Take the case of Capt. Roger Hill.Hill is a West Point graduate and former “Old Guard” (3d Infantry Regiment) in Washington, D.C. Hill was the officer in charge at President Ronald Regan’s funeral detail. He stood guard beside Ronald Reagan’s casket through the whole ceremony (Reagan's visitation and memorial service). Also see - by the three authors: Stand by our Warriors in Battle and by Dr. Laurie Roth: More Persecutions of Our Military Officers.
Capt. Hill commanded D Company in the U.S. Army's 101st Air Assault Division,1st Battalion, 506th Infantry Regiment, in a lonely outpost in Wardak Province, Afghanistan, an area the size of Connecticut with many Taliban lurking amid among its half a million people.
The men in Capt. Hill's unit learned that some of their Afghan interpreters were double agents - passing information to the Taliban about planned troop movements. Ambushes followed. As many as 30 Americans were injured and two were killed. Capt. Hill detained about a dozen suspects and asked that they be evacuated from the outpost to headquarters for interrogation. His request was denied.
Detainees can be held only 96 hours without charges. Given this constraint and the lack of support from his superiors, Capt. Hill and his officers interrogated the detainees. Worried about the safety of his men, Capt. Hill reportedly made verbal threats, allowed his first sergeant to sit on the prisoners' chests demanding answers, and is even said to have fired his pistol near the blindfolded heads of prisoners to trick them into thinking one of their comrades had been killed. Capt. Hill was soon brought up on charges for using these methods to learn about future ambushes. The prisoners were not physically hurt by Capt. Hill.
For not meeting standards in the field comparable to those imposed on police investigating a domestic disturbance or a drug ring, Capt. Hill was called before the equivalent of a grand jury, and criminal charges were pursued. Capt. Hill's defense attorney was advised that if he pleaded guilty to the charges no court-martial would be conducted. He did so. He was fined by his commander and ordered "discharged" from the Army under other than honorable conditions - an excessive sentence for a fine professional officer operating under duress in a harsh environment. This is a miscarriage of justice that will undermine the war effort. When forced to choose between the safety of our troops and the comfort of the enemy, why is it that the enemy can never be inconvenienced?
The secretary of the Army should authorize an honorable discharge for Capt. Hill or allow him to return to service as a commanding officer. This is not too much to ask since the Army prosecutors decided to downgrade everything to an Article 15 and allowed him to resign his commission (a way to subtly oust him from the Army). After four years at West Point and nine years of honorable service, including two wars, and having been awarded the Bronze Star for valor, he also deserves his hard-earned veterans benefits.
Our rules of engagement punish servicemembers for nonlethal acts, such as threatening captured enemy agents. In this bitter war, the armed forces have imposed strict rules of engagement upon our forces while our enemy beheads and tortures noncombatants. Strict enforcement against our forces wins us no mercy from the terrorists. Just ask Daniel Pearl.
Meanwhile, we are asking a lot from our people. They must fight the enemy with great restraint. Even the appearance of transgression of the rules of engagement is punished severely by military courts. It is time for a public debate regarding the double standards that bind our hands in battle but impose no restraint on the enemy. Our soldiers are fighting under the most difficult conditions and are being second-guessed by military lawyers and bureaucrats in snug offices in safe, rear areas. We need to remember that life is a lot messier at the front.
And the public must demand reform. Capt. Hill's honorable status should be restored and his case should be the last in a string of prosecutorial overzealousness that began in the Bush years. If President Obama is serious about righting the wrongs of the Bush years and winning the war against terrorists, here is a good place to start.
I agree with Dr. Roth: "Let’s stop persecuting our brave military officers in times of war!" and Let’s do the right thing regarding Captain Roger Hill. Ask Secretary Pete Geren to reverse the prior action and to honorably discharge Captain Roger Hill. Address your letters to Secretary Pete Geren, Department of the Army, Office of the Secretary of the Army, 107 ARMY PENTAGON, Washington, DC 20310-0107.
Tags: military, military justice, political correctness, Roger Hill, US Army, Army Justice, reform To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 11:00 AM - Post Link
5 Comments:
It is not unexpected in these times when we have elected a "politically correct" President regardle3ss of whether or not he is an actual natural citizen eligible fot the office that we would also be so officious as to prosecute officers who are successful at protecting their troops and this nation. We should expect sensible treatment ond thoughtfuul consideration of actions taken rather than prosecution of any offense that might be politically or sentimentally objectionable to the benighted non-military. It is also worth considering just form where did the "Lawyers" recieve their information, the Taliban, the Officer Corp., a common soldier, reports from the battlefield. Maybe some information should be restricted from the legal corp? PL Booth, The Blue EYe View, MO
Typical Army to me and I spent 30+ years in the Army. It seems to me that the liberal bleeding heart press and their lackeys should not be allowed to look over the soldiers shoulders while they are trying to fight a war. Its stupid to not use every means available to protect your troops, including any information gathering technique that works. If that is the way DOD is going to treat good troops, then maybe we should stop fighting wars. Once the war is brought to our homeland and we are fighting on our own lands, then maybe the soldiers will be able to fight the war as all wars are fought, not the way the press and bleeding heart liberals think it should be fought. I say Put the Press out in front of the troops!
The whole thing makes me PUKE! I am a retired Navy Combat Photographer. Before I went to Viet Nam I was subjected to far worse than that in SERE school. Some of my compatriots there were 'beaten' severely. One Leiutenant Commander had been slapped so severely and repeatedly that he had an edema and broken veins on his left cheek. He never broke, I was in the 'black box for hours, then slapped around, had a gun put to my head (though it was all an exercise and I knew that,m it seemed VERY real.) When they 'shot' my buddy while I was blindfolded and being 'water boarded' (in a very minor way) it scared the HELL out of me. Had it been for real, I might well have broken.
My point is, those terrorists and collaborators have had far less harsh treatment than we had in a training class AND ASSUREDLY less harsh treatment than they give our people. I am outraged that they can limit our people like this in the face of the barbarians we face. They do NOT have the protection of the Geneva Convention, THAT is limited to legitimate forces in uniform etc. NOT to terrorists who murder indiscriminately and with great prejudice.
The term 'Kill them all and let GOD sort them out' may well be approppo in this situation. Released prisoners of war do NOT return to combat in conventional forces, or at least not in the same theater. Released prisoners on their side become leaders of the battle.
WE NEED TO GET SOME SENSE INJECTED INTO THE MILIEU.
BILL
If a honorable man or woman has voluntarily put themselves in harms way to protect me, my family, and my country . . . I will not question the manner in which they accomplish their mission. God speed.
As a formar Marine I would like to leave you with this thought.Our Men and Women provide a blanket off freedom for all,and for all of those bleading hearts.War is an ugly thing but not the ugliest of things;the decayed and degraded state of moral and patrioic feelings which thinks that nothing is worth war is much worse.A man who has nothing for which he is willing to fight,Nothing which is more important than his own personal safety,is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men and women than himself.THE FLAG IS EXPENSIVE,IT HAS BEEN PAID FOR WITH BLOOD.WHAT IT REPRESENTS IS PRICELESS.........I thank you for my freedom and time.Stand up America and back Capt Hill.SSGT> Bell
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