War Is Hell - Not Litigation - The American Spectator | USA News and Politics
War Is Hell — Not Litigation

WASHINGTON — The editor of the venerable conservative weekly Human Events is causing an admirable ruckus. Jed Babbin, once deputy undersecretary of defense in the administration of George H.W. Bush and now the editor of the oldest conservative periodical in the land, is petitioning Secretary of Defense Robert Gates to dismiss charges against three SEALs for allegedly causing discomfort to one of the most-wanted terrorists in Iraq during his capture last September. Babbin now has over 90,000 petitioners. Count me in.

The SEALs, Julio Huertas, Jonathan Keefe, and Matthew McCabe, are members of SEAL Team Ten. Their platoon captured one Ahmed Hashim Abed during a nocturnal raid on or about September 1 in Iraq. Abed is suspected of being the mastermind of the March 2004 ambush in Fallujah of four Blackwater security guards, which by hindsight was not such a good idea on Abed’s part. In a wild firefight his brutes killed the Blackwater contractors, all retired commandos, when they drove into an ambush. Then they desecrated the bodies, dragging them through the streets and hanging two from a bridge for the world to see. That ostentatious display of barbarism caught the attention of the U.S. military, making it, of a sudden, aware that Iraq was becoming dangerously unstable, with violence potentially spiraling out of control. The atrocity was, as the military commentator Rowan Scarborough has observed, a wakeup call that did not turn out well for the brutes.

Precisely what happened to Abed that September night is unclear. But he claims one of the SEALs, McCabe, punched him in the stomach causing him to bleed from the lip — odd symptoms, no? Presumably we shall get all the details during the SEALs’ court-martial trials that are scheduled to begin next month. Yet are these trials really necessary? The other two SEALs are charged with participating in a cover-up. I think it is by now pretty well established that terrorists do not always tell the truth, and they can be unruly when fallen upon in the dark of night in what they had thitherto considered secure hiding places.

Moreover, al Qaeda provides them with a training manual. According to Chapter 18 of a manual released by the Justice Department, al Qaeda’s finest are encouraged to complain of torture and lesser acts of mistreatment at the hands of their captors. Possibly they even hire publicists. Thus we have come to the point where members of one of our most elite special ops forces are going to be court-martialed for causing Abed a bloody lip during his capture.

The travesty could have been averted had the SEALs settled for a lesser charge. That seems to be what the commanding general in charge, Major General Charles T. Cleveland, expected after conferring with Army lawyers. Yes, Army lawyers are almost as influential in the execution of this war on terror as our finest special ops forces. Yet these SEALs entered military service with the highest ambitions. They want, according to Babbin, to become members of the SEALs’ most elite team. If they settled for the “non-judicial punishment” under Article 15 of the Uniform Code of Military Justice that was dangled before them, their chances of serving our country at a higher level of combat would be ended.

So now these warriors, who regularly faced a barbaric foe to defend our country, will face courts-martial and possible ruin. General Cleveland had it in his power to tell lower-level commanders simply to lecture these soldiers on avoiding bloody lips in the future, but he set a process in motion that is destructive to these men and to the morale of our finest fighters in the war on terror. Secretary Gates can end this abuse of power by simply doing what Cleveland failed to do. Send these men back to their officers for a chewing out.

I hope Gates will follow this course. He is an honorable and intelligent man. I have known him since his boss at CIA, then-CIA Director Bill Casey, introduce him to me over two decades ago and told me that with Gates’ talent and good sense he was destined to do great good for our country. These SEALs have done great good too. Let us get them back to work and get these courts-martial canceled. The guy that should be appearing in the dock is Ahmed Hashim Abed, whose lip has doubtless healed.

R. Emmett Tyrrell, Jr.
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R. Emmett Tyrrell, Jr. is the founder and editor in chief ofThe American Spectator. He is the author of The Death of Liberalism, published by Thomas Nelson Inc. His previous books include the New York Times bestseller Boy Clinton: The Political Biography; The Impeachment of William Jefferson Clinton; The Liberal Crack-Up; The Conservative Crack-Up; Public Nuisances; The Future that Doesn’t Work: Social Democracy’s Failure in Britain; Madame Hillary: The Dark Road to the White House; The Clinton Crack-Up; and After the Hangover: The Conservatives’ Road to Recovery. He makes frequent appearances on national television and is a nationally syndicated columnist, whose articles have appeared in the Wall Street Journal, New York Times, Los Angeles Times, Baltimore Sun, Washington Times, National Review, Harper’s, Commentary, The (London) Spectator, Le Figaro (Paris), and elsewhere. He is also a contributing editor to the New York Sun.
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