The latest on Lt. Michael Behenna: Denied fair trial

The latest development, a terrible twist, in an already gross miscarriage of justice. I have blogged periodically on the outrageous persecution of Lt. Michael Behenna. I thought he would at least get a fair trial with the new evidence. This wonderful soldier killed a known terrorist, a bloody savage in the war against the West by jihad. We should be giving Behenna a parade down Fifth Avenue. The criminalization of our heroes is the liberal wet dream and the goal of the enemy, Islamic supremacists. Indeed, they make common cause of their hate of the good. This cannot stand.

This will make your blood boil. Savage Nation has this: (hat tip Phil)

Doctor Savage:
 
After waiting two years for the Army to rule on Michael’s appeal, we learned last week that they denied his appeal and his right to a fair trial.  As you know we asked the Army to grant Michael a new trial so that the jury would have the benefit of hearing all the evidence, specifically evidence from the government’s own forensic expert that Michael’s version of the shooting was consistent with the forensic evidence. Not only did they deny that request, but in their opinion, the Army Court of Criminal Appeals stated that a jury could have found that Michael had no right to defend himself against a known member of al-Qa’ida who was reaching for his weapon.  I have attached an excerpt from our recent email notification regarding the appellate decision:
“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-Qa’ida 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.
 
From our experience in the civilian appellate process we felt confident that a review of what had occurred during the trial would uncover the egregious errors committed by the Prosecution and the Trial Judge, including the Brady law violation involving non-disclosure of the PROSECUTION expert witness’s opinion that the forensic evidence supported Michael’s testimony of self-defense as the ‘only logical explanation’ of what occurred in that Iraqi culvert.
 
However, the twisted logic of the Appeals Court not only agreed with the trial judge, but even introduced language in their ruling that was never even part of the original trial.  The substance of this appellate opinion was void of any indication that the facts and issues were really evaluated to a logical legal conclusion. The following quotes used in the appellate opinion are indicative of what the appellate court used as a basis for their decision and should strike fear in every soldier and Marine serving in a combat zone:
Commenting on Michael pointing his weapon at Mansur (a known al-Qa’ida member who both Michael and Army intelligence believed was involved in the blowing up of Michael’s convoy); “If, confronted by this demonstration of DEADLY FORCE, Ali Mansur, under these circumstances, attempts to turn the very same Glock pistol towards appellant, his assailant, there can be no escalation sufficient legally to excuse Ali Mansur’s killing.”   By this logic every time a soldier points his gun at anyone, whether at a checkpoint or entering a village, they have assaulted those people by virtue of pointing their gun at them and if someone gets shot then they should be brought up on charges of murder.  No consideration is even given that this is a war zone.
 
When confronted with Mansur standing and reaching for Michael’s weapon; “There is no evidence that Ali Mansur made contact with the appellant’s weapon. At that point, the appellant (Michael), in full battle armor, with much of his platoon standing nearby, ready to defend  him, did not keep moving to the left away from the victim into the vast expanse of desert, did not shout for assistance, but instead shot the victim two times.”  So if a police officer in America has his gun pointed at a known killer and that killer suddenly lunges for his gun the police officer’s only option is to turn and run while yelling for backup?  Seriously, who comes up with this nonsense!  Unfortunately, the entire Appellate opinion was full of this kind of logic.”
 
To say that we are disappointed is an understatement.  But we will not give up the fight. It is our hope that Congress will hold hearings on the Army’s Catch and Release policy and the current ROE’s that limit our soldiers and Marines ability to defend themselves sometime this fall.  We also have a clemency hearing in December.  I have come to believe that the only way the Army will release Michael from prison is for the American public to demand it.  In that regard I am once again asking for your help.  The Savage Nation has been so supportive of Michael, helping us with his legal expenses, and writing letters of encouragement to him.  Now I need their voice.  I need the voice of the American public to demand his release.
 
Michael is an exceptional young man and would never have been involved in the criminal justice system but for his attempt to interrogate Mansur.  Michael’s character and professionalism has shown through even through this difficult time.  When he was pending charges of premeditated murder he was never placed in pre-trial confinement. He continued to work in Iraq and when he redeployed with the 101st Airborne Division in November 2008, he lived off post in Clarksville, reporting to work every day at Ft. Campbell.  One of his assignments during that time was to work on President Bush’s security detail when President Bush visited the 101st Airborne Division just before Thanksgiving of 2008.  Even after he was convicted and sentenced to 25 years and while his motion for a new trial was pending before the trial Judge, Michael remained free living off post, reporting to work every day.  For the past two and a half years Michael has lived in the difficult conditions at the US Disciplinary Barracks at Ft. Leavenworth and the true strength of his character has emerged.  He has continued to educate himself by reading hundreds of books on history, philosophy, religion and current events.  He is also teaching himself Spanish.  Michael is not a threat to anyone and taxpayers in this country should be upset that we are spending tax dollars to keep someone like Michael in prison.
 
Dr. Savage I am again asking for your help.  Help me rally the American public to demand Michael’s release.  If it can work for the border patrol agents it can work for Michael.
God Bless and Thank you, Vicki

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CHOI

12 years ago

Lt. Behenna should be a Republican Campaign ISSUE in 2012.
This ROE INSANITY has to STOP.
Behenna is in Israel’s situation re: SELF-DEFENSE
As FKed up as Vietnam was ,at least GI’s and Marines operated in many FREE-FIRE ZONES.

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aprilnovember811

12 years ago

I don’t know why any sane person would ever join this military anymore. I don’t even know who these people are in the military. It’s like aliens have taken over our military. God, can we ever save this country? If John Bolton or Sarah Palin are elected, or anyone sane for that matter, this man needs to receive a full pardon. It’s unconscionable that this would happen. I think those that prosecuted him should be punished for this. Then I read the article below this about this Jihadist at Fort Hood receiving a paycheck? This isn’t America. Americans wouldn’t do this. Those doing these types of things are not American, they’re traitors to America.

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