Team Infidel
Forum Spin Doctor
Washington Times
October 12, 2007
Pg. 1
Navy to investigate deaths of 10 Afghans
By Sharon Behn, Washington Times
Charges will no longer be pursued against a company of Marines who were yanked out of Afghanistan by a three-star general on suspicion of criminal wrongdoing, a lawyer involved in the case said yesterday.
Defense attorney Mark Waple said he was informed late Wednesday that the case was being referred to a court of inquiry, which would limit itself to examining the actions of three Marine officers.
A court of inquiry, the Navy's highest-level administrative investigatory body, is rarely convened and "is not a criminal proceeding," said a spokesman for the U.S. Marine Corps Forces Central Command.
The Washington Times reported Wednesday that rank-and-file Special Forces soldiers and Marines were outraged that members of their communities had been publicly criticized by Lt. Gen. Frank Kearney, the deputy commander of the Special Operations Command, before an investigation into their actions was complete.
Some complained that his statements threatened to prejudice the case against the Marines, some of whom could have faced murder charges.
Ten Afghans were killed and more than 30 were wounded in the March 4, 2007, incident in rural Afghanistan. President Hamid Karzai and Afghan human rights organizations strongly condemned the event as an indiscriminate attack on unarmed civilians.
Gen. Kearney told reporters at the time that authorities had "been unable to find evidence that those [Afghan civilians] were fighters." He subsequently pulled the entire company out of the country midway through an official investigation.
Mark Waple, a lawyer representing the company commander, told The Times yesterday he had received word "that no one will be charged unless something comes out of this court of inquiry that would justify a charge of some kind."
Mr. Waple's client is one of the three officers on the stand at the court of inquiry.
"No charges have been preferred, so the purpose of the court of inquiry is to review and evaluate the facts and evidence" of the Naval Criminal Investigative Service findings, said Lt. Col. Sean Gibson, spokesman for the U.S. Marine Corps Forces Central Command.
"Bottom line, this is an administrative fact-finding body," said the spokesman. But the investigation into the Marines' conduct will not be officially closed until Lt. Gen. James Mattis, commander of the U.S. Marine Corps Forces Central Command, decides the "disposition of the incident," he said.
The decision not to go ahead with criminal charges against the Marines has led to a small sigh of relief within the Special Forces community.
"I don't want to jinx our client's situation, but it is a breath of fresh air in the wake of General Frank Kearney's comments to the print media" shortly after the March incident, Mr. Waple said.
Marines in the Fox Company, Special Operations Command, say they were passing through a town in the rural province of Nangahar on March 4, 2007, when they were hit by a suicide bomb attack and small-arms fire. The Marines say they returned fire and headed back to their base.
Afghan civilians and Afghan human rights groups immediately accused the Marines of firing indiscriminately at civilians over a stretch of several miles as their convoy returned to base, killing about 10 Afghans and wounding more than 30 others.
The father of one of the Marines who will face the three-person court of inquiry panel, and who plans to attend the public hearings, said yesterday he felt it was too early to celebrate.
"The good news is that ... these young Marines — who were accused of murder in public and thrown out of [Iraq] for illegal acts — are no longer accused of doing that," said Jerry Olson.
"The bad news is that there is going to be a show trial to discover some misconduct on behalf of the leadership," he said.
Mr. Waple said the atmosphere was considerably different than in April and May of this year, when all indications were that at least seven Marines were going to be charged with criminal acts, and two of them with murder.
The court of inquiry will be composed of three senior commissioned officers with combat experience, and is expected to last two weeks.
The beginning date and scope of the inquiry, which will be held at Camp Lejeune, N.C., haven't been announced.
October 12, 2007
Pg. 1
Navy to investigate deaths of 10 Afghans
By Sharon Behn, Washington Times
Charges will no longer be pursued against a company of Marines who were yanked out of Afghanistan by a three-star general on suspicion of criminal wrongdoing, a lawyer involved in the case said yesterday.
Defense attorney Mark Waple said he was informed late Wednesday that the case was being referred to a court of inquiry, which would limit itself to examining the actions of three Marine officers.
A court of inquiry, the Navy's highest-level administrative investigatory body, is rarely convened and "is not a criminal proceeding," said a spokesman for the U.S. Marine Corps Forces Central Command.
The Washington Times reported Wednesday that rank-and-file Special Forces soldiers and Marines were outraged that members of their communities had been publicly criticized by Lt. Gen. Frank Kearney, the deputy commander of the Special Operations Command, before an investigation into their actions was complete.
Some complained that his statements threatened to prejudice the case against the Marines, some of whom could have faced murder charges.
Ten Afghans were killed and more than 30 were wounded in the March 4, 2007, incident in rural Afghanistan. President Hamid Karzai and Afghan human rights organizations strongly condemned the event as an indiscriminate attack on unarmed civilians.
Gen. Kearney told reporters at the time that authorities had "been unable to find evidence that those [Afghan civilians] were fighters." He subsequently pulled the entire company out of the country midway through an official investigation.
Mark Waple, a lawyer representing the company commander, told The Times yesterday he had received word "that no one will be charged unless something comes out of this court of inquiry that would justify a charge of some kind."
Mr. Waple's client is one of the three officers on the stand at the court of inquiry.
"No charges have been preferred, so the purpose of the court of inquiry is to review and evaluate the facts and evidence" of the Naval Criminal Investigative Service findings, said Lt. Col. Sean Gibson, spokesman for the U.S. Marine Corps Forces Central Command.
"Bottom line, this is an administrative fact-finding body," said the spokesman. But the investigation into the Marines' conduct will not be officially closed until Lt. Gen. James Mattis, commander of the U.S. Marine Corps Forces Central Command, decides the "disposition of the incident," he said.
The decision not to go ahead with criminal charges against the Marines has led to a small sigh of relief within the Special Forces community.
"I don't want to jinx our client's situation, but it is a breath of fresh air in the wake of General Frank Kearney's comments to the print media" shortly after the March incident, Mr. Waple said.
Marines in the Fox Company, Special Operations Command, say they were passing through a town in the rural province of Nangahar on March 4, 2007, when they were hit by a suicide bomb attack and small-arms fire. The Marines say they returned fire and headed back to their base.
Afghan civilians and Afghan human rights groups immediately accused the Marines of firing indiscriminately at civilians over a stretch of several miles as their convoy returned to base, killing about 10 Afghans and wounding more than 30 others.
The father of one of the Marines who will face the three-person court of inquiry panel, and who plans to attend the public hearings, said yesterday he felt it was too early to celebrate.
"The good news is that ... these young Marines — who were accused of murder in public and thrown out of [Iraq] for illegal acts — are no longer accused of doing that," said Jerry Olson.
"The bad news is that there is going to be a show trial to discover some misconduct on behalf of the leadership," he said.
Mr. Waple said the atmosphere was considerably different than in April and May of this year, when all indications were that at least seven Marines were going to be charged with criminal acts, and two of them with murder.
The court of inquiry will be composed of three senior commissioned officers with combat experience, and is expected to last two weeks.
The beginning date and scope of the inquiry, which will be held at Camp Lejeune, N.C., haven't been announced.