Pardoning convicted soldiers for war crimes is a terrible, terrible idea

Indeed, no one will report war crimes if the criminals are pardoned.  It takes a huge amount of courage to do, for which those who report these things often pay dearly as it is.

President Trump has indicated that he is considering pardons for several American military members accused or convicted of war crimes, including high-profile cases of murder, attempted murder and desecration of a corpse, according to two United States officials.

[...]

Earlier this month, the president pardoned former Army First Lt. Michael Behenna, who had been convicted of killing an Iraqi during an interrogation in 2008.

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Pardoning several accused and convicted war criminals at once, including some who have not yet gone to trial, has not been done in recent history, legal experts said. Some worried that it could erode the legitimacy of military law and undercut good order and discipline in the ranks.

“These are all extremely complicated cases that have gone through a careful system of consideration. A freewheeling pardon undermines that whole system,” said Gary Solis, a retired military judge and armor officer who served in Vietnam. “It raises the prospect in the minds of the troops that says, ‘Whatever we do, if we can get the folks back home behind us, maybe we can get let off.’”

[...]

The officials said that the Trump administration had made expedited requests this week for paperwork needed to pardon the troops on or around Memorial Day.

  NYT

Desecrating the memory of all the servicemen and women who served honorably in trying circumstances.

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Sadly true.

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2. It’s rarely an easy decision to prosecute a soldier, particularly for crimes committed during a time of war or otherwise in a hostile environment. But we expect, indeed demand, that our soldiers not commit murder/war crimes/atrocities while in military service...

3. Indeed, the need to maintain good order & a cohesive fighting force requires that soldiers act in a law abiding way even under the most difficult circumstances. Military commanders & prosecutors often agonize over decisions whether to charge a soldier with a criminal offese...

4. This is, in part, because we recognize the sacrifices soldiers make for their country, putting their lives on the line to protect our people & our freedoms. But when a decision ultimately is made to court-martial a soldier, the system takes great pains to insure that...

5. soldiers receive excellent legal representation & fair trials. Enormous time/effort goes into investigations, prosecutions and, in the event of conviction, appeals. I know this first hand, having handled as an Army prosecutor (in both the trial courts & appellate courts)...

6. cases including murder during Operation Just Cause, espionage during Operation Desert Storm, death penalty litigation & many others. Today I saw this NYT’s article that Trump is ginning up pardons of soldiers who criminally killed others, intending to use it as some sort of...

7. twisted Memorial Day celebration. (Continued)

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