Up periscope – WE100410

1. SEALS:

Kokomo Perspective reports that:

Rep. Burton issued the following statement after the Navy dropped several charges against two Navy SEALs who are accused of mistreating terrorist mastermind Ahmed Hashim Abed, the man believed to be responsible for the infamous mutilations of four American contractors in Fallujah, Iraq, in 2004.

2. Hasan:

Statesman.com reports on the transfer of Major Hasan (with video of press conference of the Sheriff, Dan Smith).

Referring to the pretrial confinement and an expenditure likely to exceed 500K:

“It’s a total waste of money,” Galligan said. Hasan “is not a flight risk.”

That may be correct. But what about his safety from others. Would he not become a target of some hothead if he were released on pretrial restriction to base?

3. Hennis:

Question resolved, as reported by the newsobserver.com (I had wondered how/why they got him into confinement at that stage of the trial):

After the prosecution rested, a military judge ordered that Hennis remain in confinement. His attorneys had argued that the judge should release him because Hennis always followed the court’s orders and reported to Fort Bragg in 2006 after he was called back to the Army to face charges.

As I commented earlier (HERE), confinement after conviction and pending a sentencing hearing is an unusual step. However, it appears that the military judge was convinced that exceptional circumstances warranted immediate confinement. United States v. Tilghman, 44 M.J. 493 (C.A.A.F. 1996), would be the primary case to review on this type of action post-conviction, but pre-sentence.