Nullification - Army Style

Nullification is nothing new. In the Middle Ages people caught stealing a loaves of bread were subject to capital punishment. Judges and juries dealt with the obvious injustice by refusing to convict those caught. And obviously nullification happens regularly in our own time.

The United States Army is now in rebellion against what is seen as unfair treatment of its members accused of mistreating prisoners. In Colorado yesterday, the army warrant officer convicted of killing an Iraqi general was sentenced to confinement in his quarters for sixty days and a modest fine. The possible sentence for his offense was more than three years in prison, a dishonorable discharge from the service, and forfeiture of all pay and allowances, including pension benefits.

Army witnesses flew into Ft. Carson from great distances to testify on behalf of the accused. He was grateful for all of the support and thanked everyone in the army `family’ for recognizing his situation and for supporting him.

Over the past several years, punishment for the enlisted personnel convicted of mistreating prisoners in Baghdad’s Abu Ghraib Prison was far more severe than this latest atrocity for which the warrant officer was found guilty. It is clear that the officers and enlisted personnel of the army no longer see the atrocities committed by its members as the work of renegade individuals. Rather they believe that the mistreatment of prisoners was done with the encouragement of people high up in the command structure of the military.

The deciding officers nullified the appropriate punishment for a horrendous felony given the testimony. They saw that the convicted member was being hung out to dry for something that may have been beyond his control. He was given a slap on the wrist, and the courtroom audience of military personnel cheered.

But the family of the dead man knows that a grave injustice has been committed and they are powerless to deal with it. The whole situation reeks with the corruption that is going on in Washington. The direction being given our troops with regard to treatment of those in custody is on the official level to abide by all of the legal requirements, but there is clearly another level of communication that demands information from the prisoners and that a wink and a nod system of ignoring methods is in place.

The army is signaling that it will no longer play by the game of extracting information from prisoners by any means necessary if its low ranking members caught in the act are to be left hanging to twist in the wind. Clearly, the army is telling it’s hierarchy that either they will toe the mark or those truly responsible will have step up and take the blame and the shame.

The Congress and the press must pursue this situation case aggressively. Our troops deserve to be protected from those demanding that they act improperly while hiding behind mounds of paper saying they deplore the actions of these rogue troopers. There may be no cover up, but the force members themselves suspect one. We must get to the bottom of this or another cancer will be eating away at our armed forces, this time from the bottom up.

We should compensate the family of the Iraqi general. The court found that he was negligently killed. The Congress must stir itself from its own corruption and do its duty to investigate this situation and that doesn’t mean just asking DOD to tattle on itself. This is the first sign of a diseased military that is reacting to a terrible environment from above, and the Congress must not let this case pass unnoticed. It is also clear that the sentences of those others convicted earlier should be reviewed to assure that true justice has been served. That privates break rocks while generals and high ranking civilians dine on caviar is dishonorable. And the court is telling us just that.

The press should also pursue this case to its conclusion. Our standing in Iraq, the Middle East, the Muslim World, and in all civilized society depends on it. This case is a disgrace to the armed forces and to the country. It cannot be swept under the rug.

Blog on!

Wild Bill