Capt. Bjork’s case referred by general for court martial by March

U.S. Army captain Carl Bjork with children in Iraq. [Photo courtesy of Capt. Bjork's family.]Capt. Carl Bjork, accused of reckless endangerment (1 count) and premeditated murder (2 counts), will proceed to court martial by March, 120 days after he was officially charged and more than 3 years after the alleged acts occurred. Bjork’s attorney Victor Kelley told The US Report in December the accusers are 3 former Iraqi police and a former Iraqi intel officer who are currently detainees in Iraq.

Kelley founded and practices with The National Military Justice Group. He is a retired military officer.

On a blog established by Bjork’s supporters, there’s a brief post announcing the government’s decision to proceed.

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SEALs will face trial in Iraq so detainee can be present

A judge ruled that trials will be moved to Iraq for Navy SEALs facing various charges about the treatment of an Iraqi detainee, Ahmed Hashim Abed. Abed is believed to be linked to the killings of 4 contractors whose bodies were desecrated and dragged through the streets of Fallujah.

On Monday in Norfolk, the judge set a trial date of April 5 for Navy Petty Officer 2nd class Jonathan Keefe. The trial will be held at Camp Victory.

The Virginian-Pilot, one of the only newspapers following this story consistently, said, “The military judge, Cmdr. Tierney Carlos, decided to move the trial to Iraq after military officials said they would make Abed available to give a deposition but not to testify. Carlos said Keefe has a right to face his accuser in court.”
Maj. Gen. Charles T. Cleveland who heads up Special Operations Command Central said the accusers were actually members of the U.S. military. But because the detainee is the alleged victim—in essence, the indirect accuser—the judge insisted he be present for the trials.

In a hearing for Petty Officer 1st Class Julio A. Huertas Jr., the judge made the same decision. Huertas’ trial is scheduled for the week after Keefe’s.

The paper said a hearing for Petty Officer 2nd Class Matthew McCabe who allegedly punched Abed will be held this week.

The military had planned for Abed to give his statement via videotape.

Betty Kilbride, author and staunch advocate for the SEALs at the Facebook group Support the Navy SEALs Who Captured Ahmed Hashim Abed, said, “[T]here is no jury in this case... Court-Martials are not convened with a jury of peers, it is comprised of the convening authority (a group of officers usually who are hand picked from the JAG pool by the very people who are bringing the charges – it’s not a fair court to the service member).”

Many in the group believe the SEALs are being railroaded in a political witch hunt as a result of trickle down policy from Washington. The Facebook group supporting the SEALs now has 101,422 members.

A defense fund has been set up for the SEALs at Maritime Tactical Security.

[Disclosure: The editor has advocated for dropping charges against the SEALs and she has also contributed to their defense fund.]

SEALs Tired of Watching Their Back says source

by Chris Carter

Exclusive to The US Report

CORONADO, Calif. (Oct. 29, 2009) A Basic Underwater Demolition/SEAL (BUDS) student moves through the weaver during an obstacle course evolution in the first phase of training at Naval Amphibious Base Coronado. The Course is one of many physically strenuous exercises that are part of the seven weeks of first phase. The Navy SEALs are the maritime component of U.S. Special Forces and are trained to conduct a variety of operations from the sea, air and land. [U.S. Navy photo by Mass Communication Specialist 2nd Class Kyle D. Gahlau/Released] The US Report recently interviewed a Navy SEAL officer, who wishes to remain anonymous, on the effect the upcoming Special Courts-Martial of three SEALs has on the special warfare community. Petty Officers Matthew McCabe, Julio Huertas, and Jonathan Keefe face various charges over allegedly mishandling Ahmed Hashim Abed when they participated in the capture of the man authorities believe is a most-wanted al Qaeda leader.

Abed is the suspected mastermind of a 2004 ambush that killed four Blackwater security contractors – including a former SEAL – in Fallujah, Iraq.

Military charge sheets show allegations against the SEAL3; among them,  that McCabe is accused of punching Abed in the midsection.  Other charges include allegations that Huertas and Keefe covered up the incident.

“This prosecution will inevitably drive more quality SEALs out of the community,” TUSR's source stated. “Many enlisted SEALs are already at odds end with the leadership and rules of engagement.”

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Prosecutors want first trial delayed in Navy SEAL3 cases paper says

Commentary by Kay B. Day

NORFOLK (July 18, 2009) U.S. Navy SEALS conduct a fast-rope insertion demonstration from an MH-60S Sea Hawk helicopter into the Chesapeake Bay during a capabilities exercise at Naval Amphibious Base, Little Creek. The Naval Special Warfare community displayed its capabilities during the 40th UDT-SEAL East Coast Reunion celebrations. Events are planned throughout the weekend to honor UDT/SEAL history, heritage, and families. (U.S. Navy photo by Mass Communication Specialist 2nd Class Joshua T. Rodriguez/Released) The Virginian-Pilot said government lawyers are asking for a delay in the first trial scheduled for the Navy SEAL3. Petty Officer 1st Class Julio Huertas Jr.’s  court-martial is set for Monday, Jan. 11, in Norfolk. Huertas is charged with dereliction of duty because the government alleges he did not keep the detainee safe. He is also charged with giving a false statement to authorities in response to questions about alleged minor injuries to the detainee.

The paper reported, “His civilian attorney, Monica Lombardi, said government lawyers have asked to reschedule the trial for March 29, which she opposes.”

Lombardi has asked for more information about accusations against Huertas. Lombardi had also asked for additional information when The US Report corresponded with her by email in early December.

The US Report located the charge sheets with general details of allegations against SO2 Jonathan E. Keefe, SO2 Matthew V. McCabe and SO1 Julio A. Huertas by following a link posted at the military justice website CAAFlog.

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Plight of Navy SEALs 3 tangled in politics and non-disclosure

Rep. Dan Burton (R-Ind.) and 40 other Republican congressmen are calling for all charges to be dropped against 3 Navy SEALs in a matter involving an alleged terrorist detainee in Iraq.

Commentary by Kay B. Day

Rep. Dan Burton (standing) visited the Reserve Officers Association of Indianapolis in November. Burton has led the congressional charge in efforts to clear up the charges against 3 Navy SEALs. As far as The US Report can determine, no Democrats have advocated. Burton served in the U.S. Army and the U.S. Army Reserves.The US Report has tracked the plight of 3 Navy SEALs facing various charges involving the detention of alleged terrorist Ahmed Hashim Abed in Iraq. Early media reports suggested the detainee had either a bruised lip or had taken a blow to the stomach while in detention. One of the only official statements from military brass can be found in a letter from Maj. General Charles T. Cleveland to Rep. Dan Burton (R-Ind.):

“While the assault and resulting injury to the detainee were relatively minor, the more disconcerting allegations are those related to the Sailors’ attempts to cover-up the incident, particularly in what appears to be an effort to influence the testimony of a witness. All of these allegations were fully investigated by the Naval Criminal Investigative Service (NCIS).”

But based on what we know, the letter actually does little to clear up the confusion.

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The US Report bids 2009 adieu, looks ahead to 2010

As we wrap our final coverage for 2009, we send best wishes to you and yours for a prosperous, peaceful 2010. If a major story breaks over the holiday weekend—we’ve noticed this administration likes to break stories at such times—we will post commentary. Otherwise, we’ll be celebrating the last sweet days of our holiday season.

Meanwhile, if you’re looking for something to entertain, here are a few stories we’ve done that have drawn many visitors.

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Capt. Bjork’s story expands with media coverage, personal website

By Kay B. Day

Capt. Carl Bjork (photo from Support Carl Bjork Facebook group]

As Capt. Carl Bjork awaits word on whether he will be court-martialed for the deaths of two Iraqis, Wasim Ibrahim Al-Kubaysi and Gayth Shakir Saba’ar, his story is expanding because of increased media coverage and a personal website.

Bjork didn’t kill the men; they were executed by a police chief named Ibrahim Hamid Jaza and a couple of his Iraqi colleagues. The Denver Post reported, “Sometime between Nov. 15, 2006, and the end of the year, Jaza and two other Iraqi police officials executed Al-Kubaysi and Saba’ar, according to the Army charge sheet…The suspects told investigators they had been ordered to carry out those killings by the officer in charge of training them—Capt. Carl Bjork.”

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