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Hunter’s letter

The letter being circulated by Rep. Duncan D. Hunter, R-Calif.:

December 2, 2009

Honorable Robert Gates

Secretary of Defense

The Pentagon

Washington, D.C.

Dear Mr. Secretary:

We are writing to express our grave concerns over reports that three Navy SEALs will face court-martial proceedings over their handling of one of the most wanted terrorists in Iraq. Based on the information we have, we believe that prosecution of these men is not warranted.

As you are aware, in September, the three SEALs in question captured Ahmed Hashim Abed, the alleged planner of the March 2004 ambush in Fallujah that resulted in the killing of four Blackwater contractors. We all remember the horrifying pictures showing two of these individuals, whose bodies, after being burned and mutilated, were hung on a bridge over the Euphrates River.

Since 2004, Abed evaded capture. However, in September, Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe, and Special Warfare Operator 1st Class Julio Huertas, undertook a mission that resulted in Abed’s capture. Soon after his capture, an investigation was conducted based on reports that Abed had been struck in the stomach by one of the SEALs. As we understand it, there was no allegation of torture or sustained abuse. There was simply just this one alleged act. Prosecuting individuals for such a limited act seems to us to be an overreaction by the command. As a result of the investigation, the three SEALs refused to accept non-judicial punishment, believing, according to one of the defense attorneys that they are innocent of the charges. If convicted, they could face significant punishment of up to one year’s confinement, a bad conduct discharge, forfeiture of a portion of their pay each month for up to a year and a reduction in their rank.

It appears from all accounts that these SEALs are exceptional sailors, demonstrated by the fact that each had recently been advanced in rank. They captured a terrorist who had planned an attack that not only killed Americans but also maimed and mutilated their bodies. We believe that prosecution of these sailors for such an apparently limited action will have a negative impact on others in the military who risk their lives in dangerous, often ambiguous situation. Again, we strongly believe that these court-martial proceedings are not warranted and would urge that you review this matter.