Loathsome stupidity in US terrorist hunt
As a follow-up to my previous post on the American hunt for terrorists, here's an editorial from today's New York Times. Whoever said that 'military justice was to justice what military music was to music' was dead on.
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Captain Yee's Ordeal
Published: December 14, 2003
he military's mean-spirited and incompetent prosecution of Capt. James Yee, the former Muslim chaplain at Guantánamo Bay, illustrates the danger of allowing the war on terrorism to trump basic rights. After holding Captain Yee in solitary confinement for nearly three months, and smearing him with adultery and pornography charges, the military is now uncertain whether the documents whose confidentiality he is charged with breaching were even confidential. In the interest of justice, and of resurrecting their own reputation, military prosecutors should drop the case.
The charges against Captain Yee, who was arrested in September, have always been murky. The military seems to have suspected him of being part of a plot to infiltrate Guantánamo, and to have been concerned about contacts between him and two other military men it was keeping under watch. But rather than bring serious conspiracy charges, the military merely accused Captain Yee of taking home, and improperly transporting, classified material. Military officials have been unforthcoming about the nature of the material, but at least some, and perhaps all of it appears to be documents, such as maps of the camp and lists of prisoners who have been interrogated, that a chaplain might have for job-related reasons.
Rather than put the questions about the charges to rest right away, the military led off its case against Captain Yee last week with evidence he had an affair with a female officer, testimony that his wife and child had to listen to as they sat in court. It has also accused him of keeping pornography on a government computer. These charges in no way suggest that he was a security threat, and they are the kind the military generally does not bother to bring. They seem to be motivated, in this case, by a desire to embarrass Captain Yee, and by frustration that the larger case against him is so weak.
The proceedings quickly broke down when it became clear that the military had not even determined that the documents found in Captain Yee's possession were confidential. It is inexcusable that Captain Yee was dragged through the mud, and imprisoned for more than 70 days, before this basic determination was made. The 120 days for acting against Captain Yee, which started at his Sept. 10 arrest, are about to run out, and the military is seeking additional time. But given its poor handling of the case, there is no reason to drag it out any further.
It is already clear how much harm the military's misguided prosecution has done to Captain Yee and his family. What is less obvious, but no less real, is the threat this sort of prosecutorial mentality poses to all Americans. The specter of terrorism cannot become an excuse for the government to railroad people first, and ask questions later.
