December 02, 2003


"old news" is sometimes good news

Apparently three recently retired Flag Officers are speaking out about the indefinate detentions in GITMO. Better late than never.

[RADM Don] Guter, Rear Adm. John Hutson and Brig. Gen. David Brahms worry that lengthy incarcerations at Guantanamo without hearings will undermine the rule of law and endanger U.S. forces.

"For me it's a question of balance between security needs and due process, and I think we've lost our balance," Guter said.
...
Guter's group believes the administration and Pentagon missed a chance to provide quick hearings called for in international conventions on the treatment of prisoners to determine if the captives were probably enemy combatants.

"Somehow, in the fog of war, we skipped over that," Hutson said.
...
For two years, the Bush administration has described the detainees as "the worst of the worst" and "killers." The three former officers are skeptical, noting that 88 have been released so far from the prison camp.
...
The trio also worries that the Guantanamo precedent will make it easier for other countries, groups and warlords to hold Americans, keep them isolated and ignore the Geneva Conventions.

"If we want the world to play by the rules, we have to be on the moral high ground," said Brahms, who spent 26 years in the Marines before opening a private law practice in Carlsbad, Calif.
...
"We took an oath to defend the Constitution," he said, "not the president or secretary of defense."

Silly Admiral, you need to understand that in play-soldier land, Oaths mean nothing...blind obedience is everything. You have now invaded the sanctity of the 1600 Crew message...why they were unaware, unaware I tell you that tribal elders in Afghanistan would "sell" prisoners to coalition forces to settle tribal debts. Come, Come now...they were all swarthy brown-skinned men, whom our forces were told were Al-Qaida and Taliban.

How dare you question Infalliable Leader. Why do you hate America so?

posted by Jo Fish on 12.02.03 at 01:01 AM





Comments:

I love the quote from Brig General Brahms USMC

"We took an oath to defend the Constitution," he said, "not the president or secretary of defense."

Hell of a Marine! If I didn't already have my quota of One...I might be tempted. ;) {jesting of course} I'm very happy mine is back now, if he would just get his leave..I'd be beyond joyful!

posted by: Marine's Girl on 12.02.03 at 03:04 AM [permalink]



Jack Nicholson was wrong - we can handle the truth - but first we need to know the truth. Our press must apply the First Amendment vigorously, especially in times like these.
Bill Moyers is a voice in the wilderness in this regard. (Last Saturday's NOW on PBS.)

Shag from Brookline

posted by: on 12.02.03 at 08:13 AM [permalink]



FWIW (I blogged this story yesterday), I have both professional and personal knowledge of Don Guter; he was the SPCM military judge at Great Lakes, IL back when I was a mere JAG LTJG (he was the judge I tried my first SPCM in front of) and he socialized with the NLSO lawyers off duty (so far as consistent with judicial ethics). A very honorable man, and a damn fine lawyer.

posted by: Len Cleavelin on 12.02.03 at 12:49 PM [permalink]



I was just going to point to Len's entry about this yesterday. He beat me to it, I see, but was too modest to provide the link.

posted by: Kimberley on 12.02.03 at 03:30 PM [permalink]



Folks, there is major trouble in the five-sided fort. I read a lot of American history and I can't remember another time when so many retired flag-rank officers are publicly complaining about the government.

Even during the Civil War when many of the generals were politicians in civilian life there wasn't this much public comment. Understand that in those days every newspaper was an organ for some political constituency and would print anything that supported their viewpoint.

The retired flag officers around here didn't like Clinton, but they kept their complaints private.

There has to be something even more unbelievable going on that these officers can't talk about. They are making valid points, but there has to be something bigger pushing them to talk out. These guys are deeply offended.

posted by: Bryan on 12.02.03 at 09:28 PM [permalink]



Bryan, the two rear admirals retired in 2000 and 2001 so these are fairly recent retirees which could just be coincidence? The Marine had 26 years in the USMC so he didn't just retire at the 20 year mark either.

posted by: Marine's Girl on 12.03.03 at 01:18 AM [permalink]



Marine's Girl,

You can retire after 20 years, but the more years the higher your retirement. It used to be 50% after 20 and 75% after 30, but that has been reduced to 37.5% after 20 and 50% after 30.

The General may have decided to retire at a specific age, say 50. He could have been 24 coming out of law school.

Flag officers are subject to recall, as with the new Army Chief of Staff.

The big thing is the ability to speak openly which comes with retirement.

posted by: Bryan on 12.03.03 at 09:54 PM [permalink]






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