Alleged Ft. Hood shooter Hasan awaits decision; officers face discipline

The US Senate Committee on Homeland Security and Government Affairs produced the report "A Ticking Time Bomb" after the Ft. Hood shootings.A new commander is taking over at Ft. Hood and attorneys for Maj. Nidal Hasan want Lt. Gen. Robert Cone to refrain from ruling on Hasan’s court martial and whether the alleged shooter will face the death penalty. Cone was at Ft. Hood on Nov. 5, 2009 when 13 people were killed and more than 24 others were wounded.

Hasan’s attorneys claim they doubt Cone’s ability to be impartial; the attorneys want a decision by the new commander.

The Houston Chronicle said, "Cone has been nominated to be a four-star general and to lead the Army’s Training and Doctrine Command at Fort Monroe, Va."

Hasan isn’t the only member of the military to face consequences for his actions. The Military Justice Gazette said, “[N]ine officers who failed to recognize and report that Hasan presented a danger or was otherwise unfit for military service face disciplinary action.” [MJG, April 1, 2011; pg. 2]

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Capt. Carl Bjork’s verdict—a study in trickle down policy from Washington

By Kay B. Day

Capt. Carl Bjork served with honor in Iraq.Capt. Carl Bjork came onto our radar at The US Report last year, after the government charged him with two counts of premeditated murder and other charges. The charges stemmed from accusations levied by a man named Col. Ibrahim Hamid Jaza, and a few of Hamid's fellow former Iraqi police who were detainees in prison.

The crimes allegedly occurred  in Hit during Bjork’s 2006-2007 deployment. It took the government almost three years to bring charges and then the government asked for delays.

Bjork’s trial was this week; his parents traveled to Iraq.

This week news of the verdicts trickled in—Bjork was acquitted on two charges of premeditated murder. Those charges could have led to life sentences.

Bjork, however, was convicted of two counts of  negligence in the deaths—those charges carried a max sentence of 3 years each. He was also convicted on the charge of reckless endangerment for allegedly setting a booby trap of a weapons cache, a charge that could carry a one-year sentence.

Having followed this case since its inception, I can honestly say I would not have convicted Bjork of anything.

In this morning’s email, Bjork’s sister Erica Bjork Manning responded to a message I’d sent her. I had closed  by telling her I prayed for her brother last night. And thousands of people at the Facebook support group for Bjork have done the same many times.

Erica said, “All of your prayers have born fruit.”

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SEAL: NOT GUILTY!

Breaking News

Navy SEAL Matthew McCabe has been found not guilty.

To say we are happy is a serious understatement.

More thoughts on this tomorrow.

And remember, although all the SEALs were found innocent, charges for their civilian defense attorneys must still be paid.

The conservative weekly Human Events said the jury deliberated for one hour and 40 minutes. A not-guilty verdict required two thirds of the jury to agree on each of the charges.

The US Report sends best wishes to all the SEALs and their families. We regret they were forced to deal with this in the first place. [Filed by Kay B. Day]

CAAFlog blogger covers SEAL trial with finesse as defense duels with prosecutor

By Kay B. Day

CAAFlog blogger Dwight Sullivan is a rare bird. He has a legal background, but he writes like a seasoned journalist and in this rare case, I am using ‘seasoned journalist’ as a compliment. Sullivan has been posting firsthand accounts of the trial of SO2 Matthew McCabe’s legal battle to defend his honor and his freedom.

McCabe faces minor charges over the detention of an alleged terrorist in Iraq, but the most serious charge he’s dealing with is an accusation he did ‘unlawfully strike [the alleged terrorist] in the midsection with his fist.’ The alleged terrorist is Ahmed Hashim Abed who is suspected of planning and implementing the murders and desecration of bodies of private contractors in Iraq.

Sullivan has covered McCabe’s trial in a Norfolk (Va.) courtroom from the first day on Monday. I’m betting a lot of his readers are like me. Each day I’d check the CAAFlog site multiple times to see if there was anything new.

Sullivan’s last update on McCabe's trial implied the defense had a good day on Wednesday. It appears McCabe’s civilian defense attorney Neal Puckett and his associate Haytham Faraj are successfully picking apart ‘evidence’ such as very questionable eyewitness testimony from sailor Kevin Demartino and a recording  of a deposition of another eyewitness, the alleged terrorist.

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Witness stories don’t add up in 3rd Navy SEAL trial as prosecution rests

By Kay B. Day

According to Fox News, the prosecution rested Wednesday afternoon in the trial of Petty Officer 2nd class Matthew McCabe in a Norfolk military court. I am certain God is tired of hearing me pray today because I have done a lot of talking about this with Him. I believe McCabe is innocent. He also passed an independently administered lie detector test. Three SEALs chose to go to court to defend their honor over allegations related to the treatment of an alleged terrorist detained in Iraq.

Two other SEALs charged in relation to McCabe’s case have been acquitted.

The whole case makes no sense. In the following accounts, I've bolded relevant passages.

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For Navy SEAL McCabe, much hinges on elderly, partly deaf translator and the caliphate

By Kay B. Day

PO 2nd class Matthew McCabe’s trial in a Norfolk (Va.) courtroom is underway, and an issue I’ve raised is relevant to any trial for a member of the military in a foreign war zone. I have modest fluency in several languages, and once you study another language, you begin to understand that like English, those languages have various nuances and larger options for leeway in translation as well.

I remain concerned about the fairness of trials for our military members who must rely on translators we cannot fully vet. And it’s a known fact translators of Middle Eastern languages can often be difficult to find.

Thus I was relieved to read that this potential source of confusion was addressed on Tuesday in court.

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Falsification charges dropped against SEAL Keefe

Recent developments have further weakened the case against three Navy SEALs charged with assaulting an al Qaeda detainee. One development will impact the case for all three—the inadmissibility of a statement given by Petty Officer Jonathan Keefe.

At a Scottsdale, Ariz. rally on Saturday, Petty Officer Matthew McCabe - the only SEAL actually accused of striking the detainee - announced that he passed an independently-administered polygraph on March 16.

Neal Puckett, McCabe's attorney told The US Report, “No military polygraph was administered.”

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