PRESIDENT OBAMA AND THE
BENEFIT OF THE DOUBT
By
Maj.
Gen. Jerry R. Curry, US Army Ret.
CurryforAmerica.com
If
you are a member deciding cases for the United
States Court of Appeals for the Armed Forces (CAAF),
to whom do you give the benefit of the doubt? Do you
give it to a Muslim terrorist who has already killed
two US servicemen and is trying to kill a third one,
or do you give it to the third American who is
fighting the terrorist for his life?
The
CAAF ruled that because a service member decided to
do an interrogation on his own without orders from a
higher authority, the interrogation was unauthorized
and therefor the interrogator was technically guilty
of “Pointing a firearm without authorization at a
suspected enemy outside of an “active battlefield
situation,” and therefor he technically had “Lost
his right to self-defense, to fight for his life.”
On
that technicality 1Lt Michael Behenna was tried,
found guilty and imprisoned. The technicality in
question was, does a “Servicemember in a combat zone
categorically forfeit the right to self-defense as a
matter of law by pointing a firearm without
authorization at a suspected enemy?” The court said,
“Yes,” so Lt Behenna was not given the benefit of
the doubt. Instead, he was sentenced to 25 years in
prison.
When
a member of the American military is punished for
trying to do the right thing, without orders, it
undermines the credibility that the
Commander-in-Chief – President Obama -- has with his
troops. Almost without exception the soldiers and
officers I’ve talked to believe that President Obama
holds them in low regard and doesn’t care how many
of them get killed in Iraq and Afghanistan, or end
up serving long prison sentences for some trumped up
charge or technicality.
Whether that is true or not, President Obama is
believed to not be respectful of the nation’s
military. Rather, his reputation among the troops is
one of ignoring good, sound military advice from his
generals and embracing hair brained advice from
ignorant members of his civilian staff who have a
personal political aim to advance.
President Obama is quick to publicly say how much he
enjoys finding a way around the Congress by taking
out his pen and signing presidential executive
orders. Up until now, he has only used his pen to
thwart Congress and the Republican Party. And he has
been quite successful at it. But there is a way he
could also use his pen to garner military votes and
the votes of those who are supporters of our
military in this fall’s election.
By
moving carefully he could indulge one of his
favorite pastimes, ruling by fiat; could get around
Congress and the Supreme Court. Added to that, he
could start breaking down the barrier between his
Administration and the nation’s Armed Forces.
So
what is this magic elixir that would contribute to
the solving of all these problems? It is nothing
more than a careful review of all serious military
court martial cases starting with the beginning of
the Iraq and Afghanistan Wars, based on the “Benefit
of the Doubt” principle. In all cases where there is
doubt as to whether the servicemember is guilty or
not guilty, President Obama could take out his
magical pen and resolve it in favor of the
serviceman and his family; he could grant the
servicemember a full pardon.
By
giving those who endanger their lives serving in the
military the benefit of the doubt, President Obama
loses nothing and gains much. He could gain the
respect of the American families whose love ones he
pardons; not to mention the thankfulness of the
communities these families live in. A wise,
bipartisan Congressman will know how to take credit
for the President’s pardoning of a military
constituent in his state or district.
At
the same time, an important point of law needs to be
established. Just because you point a weapon at
someone does not mean that you have sacrificed your
right to self-defense. It may only mean that you are
saving your own life and the lives of the American
soldiers fighting alongside you.
Sometimes courts such as the CAAF make mistakes,
especially when it is composed of judges who have no
combat experience and who see nothing wrong with
technically coming down on the side of a terrorist
to the detriment of the American servicemembers who
daily risk their lives implementing President
Obama’s policies.
On
the battlefield nothing can replace common sense and
doing what you know to be right no matter what your
orders are. War is an art, not a science. Soldiers
do their best fighting when they are certain that
their Commander-in-Chief will, in every case, give
them the benefit of the doubt as opposed to his
giving a terrorist the benefit of the doubt.