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Text of a Dec. 15 letter sent by Maj. Gen. Charles T. Cleveland to Rep. Dan Burton
Dear Representative Burton,
Thank you for your letter expressing your and your colleagues concern regarding the pending Courts-martial of Petty Officers Huertas, McCabe, and Keefe. I understand your interest in these cases and can assure you that I am committed to protecting the rights of the Sailors who have been accused.
Regrettably it appears that your perception of the incident is based upon incomplete and factually inaccurate press coverage. Despite what has been reported, these allegations are not founded solely on the word of the detainee, but rather, were initially raised by other U.S. service members. Additionally, the alleged injuries did not occur during actions on the objective, as is also being widely reported in the media. A medical examination conducted at the time the detainee was turned over to U.S. forces determined that his alleged injuries were inflicted several hours after the operation had ended, and while in the custody and care of the U.S. at Camp Schweidler's detainee holding facility.
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).
As you have likely read, I chose to deal with this incident administratively via nonnjudicial punishment pursuant to Article 15 of the UCMJ. However, Petty Officers Huertas, McCabe and Keefe elected to exercise their UCMJ rights to refuse such a hearing. I have attached previously released, redacted copies of the charge sheets in the hope that they will help clarify the allegations surrounding this incident. These charges were drawn from information disclosed during the course of the investigation. The release of any further information at this time would be inappropriate as it might prejudice the outcome of the trial.
I take my military justice authority and responsibility for maintaining good order and discipline very seriously, as I have in six commands previously. Discipline and integrity are primary factors that make our U.S. Special Operators such an effective fighting force. The abuse of a detainee, no matter how minor, creates strategic repercussions that harm our nation's security and ultimately costs the lives of U.S. citizens. I must ensure that the service members under my command abide by the laws passed by Congress and follow the lawful orders of their superior officers. When there are reasonable grounds to believe that an offense has been committed, and that a specific individual in my command has committed that offense, it is my duty to take appropriate action to not only ensure justice is done, but also to maintain good order and discipline.
It is these factors that led me to refer these charges to Special Courts-martial. I assure you that the rights of these Sailors are being protected and they will have all of the facts of the case presented and reviewed fully by an impartial panel.
Sincerely,
CHARLES T. CLEVELAND MG, U.S. ARMY Commanding
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JUSTICE SHOULD PREVAIL OVER PC CHAIN OF COMMAND
I rely upon primary and reliable secondary sources for my information, and I like to ruminate about things before making comments. I do not believe that I have ever "demonstrated an acute inability to logically process [sic] information" nor do I believe I am "so closed minded [sic], it is ridiculous." I do not question Maj. Gen. Cleveland's honor, integrity, or character, and I thank him for his service. I do question his judgment both in this matter and in his letter to Congressman Burton, and I "have earned the right to do that."
As a starting point, I refer to his statement that "[t]he abuse of a detainee, no matter how minor, creates strategic repercussions that harm our nation's security and ultimately costs the lives of U.S. citizens." This trite aphorism may be relevant to the chronic, puerile, senseless abuse suffered at the Abu Ghraib prison, but it has no application whatsoever to the alleged conduct in this case. Abu Ghraib was a cancer that needed public excision. It was a grotesque failure of command which did threaten the lives of troops and citizens. In stark contrast, the conduct in this case was the product of mature, anomalous outrage that threatened no
Navy Seals
Questions to Gen Cleveland:
1. Why not just an old fashioned "chewing out" for the Seals
and let it go at that?
2. Which of the following would you rather have done to you:
A) Burned to death and hung fromn a bridge?
B) Have a bloody lip and punch in the stomach?
You have lost something general. Hope you can find it again!
Public entitled to judge when military justice is not just
Cleveland said “As you have likely read, I chose to deal with this incident administratively via nonnjudicial punishment pursuant to Article 15 of the UCMJ. However, Petty Officers Huertas, McCabe and Keefe elected to exercise their UCMJ rights to refuse such a hearing.” The citizens believe that non-judicial punishment is tantamount to an admittance of guilt which would end the SEALS’ careers; and that men trained to survive extreme physical assault have every right to resist the political wrangling of the chain of command for their career survival—and honor. To punish them privately “below the radar” contradicts justice and offends the American people responsible for sending these men into a war zone. Perhaps the benefit of this trial is to show how deeply flawed and out of step with the war on terror, the military justice system is.
The public should NOT be the judge.
While I have the utmost respect for our special operators serving with distinction in highly stressful situations, it is easy to understand how sometimes our expectations of them exceed their ability to meet them. I was swayed by the story provided in a Facebook group, and “in the heat,” signed a petition as well. However, I have learned that my decision was made without having very many facts, proper context, or reliable sources of information. It is clear to me now, that this situation is based on more than just a lone accusation from a detainee. Don’t get me wrong, I wish these men all the best in their coming struggle, and thank them for their service to our country. But, I really wish they had made a few different choices, most importantly own their actions, good and bad. I served under MG Cleveland when he was a junior officer. We have stayed in touch over the years and I continue to hold him in the highest regard. To this day, I would trust him with my life. So, it is easy to trust his judgment in this case. SJW, MSG/USA (Ret.)
Justice should prevail over PC chain of command
I do not presume to know the military justice system; I am from a Chicago police family who regularly risk being accused of “police brutality” because of past isolated rough treatment of criminals that were far less lethal than terrorists. Just because of past cover-ups-- the Tillman case, AbuGraib, or the VB dog handler, these SEALS should NOT be made an example for the chain of command’s new found rectitude. The moral truth (not the legal-power-politically correct truth) is that Americans are OUTRAGED that soldiers who are fighting the most political war in history are beyond the reach of advocacy from legislators elected by the people. It is a travesty when the military “looks the other way” from a active duty treasonous psychiatrist but will twist the case of a soldier who “punched” a terrorist in his custody into a case of “cover up”. Maj. Cleveland, you can’t handle the truth.
Re: JUSTICE SHOULD PREVAIL OVER PC CHAIN OF COMMAND
Did you not read the rules about posting, i.e. no personal attacks? You don't know MG Cleveland, and your comment is an unfounded questioning of his honor, integrity, and character. I seriously doubt that you have earned the right to do that. And, how exactly did you come to know the moral truth? Oh, and you might want to read up on the Vietnam War. You will learn about a war that was really political. I agree, there are many Americans that are outraged about this issue. Most of those that I have conversed with about it have demonstrated an acute inability to logically process information, and are so closed minded, it is ridiculous. The fact is, that when our servicemen are tasked with a capture mission, it is the law, that their prisoner cannot be mistreated. You don't get to "arm chair quarterback" which laws they have to follow and which ones they don't. If they mistreat them, they have broken the law. If they try and hide it, they have broken another one. There are a lot of prisoner captures that have occurred in the 5+ years of combat in Iraq and Afghanistan. We seldom hear about mistreatment of the prisoners (post Abu Ghurab). You know why? Because the vast majo
Thank You for a full vetting
"All of these allegations were fully investigated by the Naval Criminal Investigative Service (NCIS)."