To the thousands of Michael Behenna supporters,

We are pained to share with you that the Army Court of Appeals has upheld Michael’s conviction and denied him a new trial. The appeal process took over two years (six months longer than is allowed by law) and their ruling was an absolute punch in the gut to justice for a young man who fought so bravely for this country.

Back in March of 2009 the sting of Michael’ conviction was eased somewhat by the knowledge that critical evidence was not heard at trial which made us hopeful for a successful appeal. During the trial, from beginning to end, the military argued Michael executed the al-Qaida cell leader Ali Mansur while he was seated on a rock. But in their appeal brief the military changed gears and argued that it didn’t matter how Mansur was killed because Michael lost his right to self-defense the moment he pointed his weapon at Mansur.

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To the thousands of Michael Behenna supporters:

The New York Times recently reported (see link below) that the US military has initiated a policy to “reintegrate” imprisoned Taliban fighters to their Afghan communities. These Taliban fighters were caught with evidence that they had killed our soldiers, but are released to their families in an active war zone with merely a ‘pledge’ that they will not return to the Taliban. This appears to be the latest attempt to win the hearts and minds of our enemies and taking the ‘catch and release policy’ to a whole new level.

This brings us to Michael’s case. Michael has been incarcerated by the Army for over a year now. We have asked at every level that Michael’s constitutional right to a fair trial be granted so that all the evidence is disclosed to the jury. Doesn’t seem too much to ask for an American citizen who fought for his country does it? Yet Michael’s request for a new trial has been stranded. The Army seems to be in no hurry to have Michael’s case in front of the Army Court of Appeals as they have yet to file their response to Michael’s brief which was filed back in December 2009.

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Robert Gates has one last, crucial mission before he leaves office, and it’s not in Afghanistan or Iraq. It’s in Washington—within the hallowed halls of the Pentagon.

Last May, Defense Secretary Robert Gates traveled to the Eisenhower library in Abilene, Kans., and praised the 34th president for keeping the lid on defense spending during the 1950s. Eisenhower himself, Gates noted, “was a low-maintenance leader of simple tastes, modest demands, and small entourages—in stark contrast to what often happens at the upper levels of power in Washington and in other elite settings.”

Abilene is a long way from America’s centers of power, and Gates’s speeches shun headline-grabbing rhetoric, so what the defense secretary said did not get a lot of notice. But back in Washington, and at military commands around the world, four-star generals and admirals should have been paying attention. The word going around the Pentagon was that Gates was targeting the pampered lifestyles of the top brass. Asked about this by NEWSWEEK, Gates laughed. “As an old Soviet analyst, I read the speeches of their leaders very, very carefully,” he said. “And people should read my speeches very carefully.” He pointed to another speech, delivered in early August. “There is something in there about examining the rank structure and the phrase ‘and the accouterments that go with it.’ ”

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Crossposted from Puckett & Faraj, PC

This week, a military judge is considering the defense motion to dismiss the charges for denial of Wuterich’s right to detailed defense counsel. The ruling is expected next week. The final Haditha trial of the last Marine from the original 8 charged was scheduled to begin on September 13, 2010.

The defense team for SSgt Wuterich submitted a motion on August 25th based on the recent U.S. Navy-Marine Corps Court of Criminal Appeals ruling on the murder conviction of Marine Sgt Hutchins (see U.S. v Hutchins III, Docket # 200800393, 4/22/10). The court overturned the Hutchins conviction and released him from prison based on the government’s violation of his statutory right to military counsel. The government is appealing that ruling to the Court of Appeals for the Armed Forces.

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Crossposted from Washington Times

EDITORIAL: New gay Army

Top general calls Christian soldiers ‘bigots’

Lt. Gen. Thomas P. Bostick

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