The Corner

Re: Navy Seals

A JAG prosecutor friend writes:

Not that I know anything about the case, but … from reading the article, it appears that they were offered non-judicial punishment, meaning they could lose some pay, maybe even lose rank, but not get a conviciton or go to jail.  However, Soldiers (and Sailors) don’t have to submit to non-judicial punishment, they can request a full blown court martial, which it appears they did in this case.  I have no idea whether they abused this detainee or not, but if they did, or there were credible allegations they did, non-judicial punishment would be reasonable, and they made a decision to make the Navy prove it at a court-martial.  That is a lot different than “instead of being lauded for bringing to justice a high-value target’ they are getting court-martialed.  I’m sure it is both:  good job, but you have to make sure you properly treat prisoners. 

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