Sunday, February 3, 2013

Supreme Court Asks Feds to Explain Sentence



Soldier Jailed After Death of Attacking Terror Suspect



Bob Unruh, WND — The U.S. Supreme Court has asked the federal government to explain its punishment for a U.S. soldier convicted of shooting and killing a suspected terrorist who was attacking him.

The word comes from the parents of Army 1st Lt. Michael Behenna, Scott and Vicki Behenna, who have been raising awareness of their son’s case through the Defend Michael website.

Lower courts have concluded that since Michael Behenna was holding the terror suspect at gunpoint, he gave up the right to defend himself when the suspect allegedly lunged for his service weapon.

The suspect, Ali Mansur, was thought to be involved in a series of attacks on American troops. The judges determined Behenna was conducting an “unauthorized” interrogation when Mansur lunged for Behenna’s weapon and he fired.

Behenna, an Army Ranger, was given a 15-year sentence and now is in Fort Leavenworth.

[...]

The military court’s ruling is “dangerous,” the brief contends.

“It puts service members in combat zones in a more vulnerable position than their civilian law enforcement counterparts. Though Lt. Behenna’s interrogation of the suspected terrorist did not occur in a conventional ‘active battlefield situation,’ neither did it involve some brawl in a stateside barroom. It arose from a counter-insurgency operation in ‘the combat theater of operations.’

“There, countless service members point their weapons on a daily basis – as they are trained to do – to maintain a tactical advantage, control a dangerous situation, or restrain potential enemies.”

[...]

Military courts, however, ruled Behenna “had lost the right to act in self-defense as a matter of law” – no matter what actions the suspect took. » Read More

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About the Author
Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.


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