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The Abandonment of American Principles


For most of my military career, the United States followed the rule of law and resisted legal shortcuts that ran counter to our country's long-standing principles. We didn't beat or humiliate helpless prisoners. We didn't lock up alleged criminals and throw away the keys. We didn't let fear change who we are and what we believe. Then came Guantanamo. Political expediency replaced due process, and America started down a slippery slope of doing what is easy and politically popular rather than what is right.

 

I remember my early days in the military like they were yesterday. Two weeks after high school graduation, I talked my mother into signing the papers that allowed me to enter the Army at the young age of seventeen. Soon I was off to basic training at Fort Benning in Georgia during the height of the Cold War in 1984.

 

While in basic training, the U.S. Army instilled in us a set of principles and then promptly sought to test our resolve. We were told that it was routine for the Soviets to detain citizens of other nations without trials. The Army even had a fake Russian officer stand on a stage and attempt to rattle us young recruits by telling us that our weakness and sense of morality would lead to our demise.

 

Along with the other young basic trainees, I shouted down the Russian imposter and I remember leaving with a sense of triumph. I thought to myself, "I am an American damn it! Even the worst people get a fair shake." As President Dwight D. Eisenhower said in 1956 and the Soviet Union realized in 1991, "America is strong because we believe in the dignity of man."

 

Today however, I am deeply concerned that our country's greatest legacy of strengths - our sense of justice and dignity of man - are eroding. Redefining torture to allow for harsher treatment of suspects and detaining prisoners indefinitely represent a total abandonment of our principles. Remember we have released over 500 detainees the government was unable to establish anything at all against.  

 

Throughout our country's history, we have prevailed time and time again over the most infamous and tyrannical of individuals - no matter the enemy, their strategy or tactics. During my more than two and a half decades in the U.S. military, I have witnessed firsthand the positive impact our country has had around the world.

 

As a young infantryman assigned to West Germany in the mid-1980s, I helped protect people from being placed in jail and beaten at the hands of the Soviets. I remember an old German man thanking me as an American not only for allowing his country to return to democracy, but also for harnessing the Soviet Union and its blind efforts at world domination. My thoughts reverted back to the faux-Russian officer in basic training attempting to ridicule me, my sense of morality and my pride in our country.

 

In Bosnia, I investigated crimes committed during and after the Bosnian war. Again, I was thanked by civilians for helping put a stop to the insane idea that a person's religion is indicative of his or her worthiness to inhabit the earth. I remember a Bosnian Serb official telling me, "You Americans act so damned principled, what do you know." For a moment, I was again reminded of that assembly at Fort Benning and I felt a sense of triumph.

 

While serving in Iraq, a newly appointed Iraqi governmental official told me that, if America were going to succeed here, it's time to pick sides. He then presented me with a list of names in Arabic. The implication was obvious - he wanted me to prosecute some political opponents. At the time, I laughed off the suggestion and never even had the list of names translated. We're Americans; we do not use legal powers for political purposes. 

 

 In 2004 I heard that the U.S. military was involved with abusing prisoners at Abu Ghraib. My first thought was, "Oh, I bet these soldiers will be prosecuted to the fullest extend under the law." I was outraged when I actually saw the photos and wondered how American soldiers could inflict such harm on helpless and handcuffed prisoners. We are trained yearly on the Geneva Conventions; we in the military know better. In retrospect, the country had already veered dangerously off course, and I hadn't fully realized it yet.

 

Then came my assignment to defend Fayiz al-Kandari, a Kuwaiti who has been locked away in Guantanamo Bay for the past eight years. Initially, I was skeptical of my client and his claims of severe abuse and broken bones at the hands of my fellow service members. I remember thinking, "How bad could it be?" That was until one day when he insisted on showing me the multiple, large, horizontal scars that spanned the entire length of his back.

 

Still unconvinced that he had been beaten, I decided to obtain his medical records only to discover that many were missing during the timeframe Fayiz claims he was beaten. Meanwhile, the records I was able to review were severely redacted and hard to read. It was then that I realized Fayiz had been treated in outrageous ways. I really don't care if you refer to the treatment as "enhanced interrogation" or "torture," the fact remains that beating a handcuffed prisoner and shackling him in a fetal position for more than an entire day is both wrong and illegal by my estimation, period.   

 

When it comes to Guantanamo, I'm still waiting for that Fort Benning sense of triumph. Unfortunately, it doesn't seem forthcoming. Rather than following our country's long-standing principles, today we are moved by fear and abide by the very worst policies and practices - indefinite detention, military commissions, secret prisons, and abusive interrogations. While these may be convenient in the short-term, the lingering and detrimental effects on our country will be felt for decades to come.

 

We in the military do not - and have never - supported harsh interrogations. We understand that we lose more than we gain if barbarity becomes the guiding force behind our military efforts. Ironically, I find that those who support torture and indefinite detentions tend to be amazingly light in military service. Meanwhile, those who oppose these un-American policies and practices are serving side-by-side with me and also fill the ranks of my senior leadership. As senior officers we must do a better job at making our voices heard to the world and, more importantly, the young members we lead.

 

Lt. Col. Barry Wingard is the U.S. military attorney for Kuwaiti detainee Fayiz Al Kandari, who still awaits his day court more than eight years after he was sold into US custody. The views presented are those of the author and do not necessarily represent the views of the United States Department of Defense or its components.


19 Comments

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You are a hero and a true patriot to our country.

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Slavery, internment, and discrimination were both popular during their time and failed to stand the test of time. Torture, indefinite detention and Islamic discrimination will not either. Need a cause, well here you are. People beaten, smashed and detained forever; sounds fairly compelling to me.

To bad military people that are educated and think differently than the average "Tea Bag" maron (color) don't fit the media stereotype of a patriot and are thus ignored.


I like the part about Limpball, Hannity, Palin, Beck and "Darth Cheney's" military service observation in the piece.

Stay strong Sir! Whoaa!!

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An excellent post. Rec'd.

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Unless and until the Bush admin is prosecuted, all Americans are guilty of war crimes.

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As senior officers we must do a better job at making our voices heard to the world and, more importantly, the young members we lead.
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Thank you, sir. Many of us have had your back as much as possible for all these years of the illegal Iraq war, and the consequences for all, on all sides of it. Especially the civilians, and those, including civilians, subjected to the crime that is torture.

It has been frustrating for at least some of us: JAG being blocked, stymied, subverted, circumvented, excluded from the "loop". We the people being not merely ignored unless we went along but insulted in intelligence, character, and citizenship by being labeled "unAmerican" and "traitor" by criminals who specialize especially in that latter crime.

We've had faith, nontheless, in JAG, and their long patience and perseverance. And not only for our country, but also for those imprisoned, uncharged, tortured though denied trial, not convicted of anything with which they've been labeled as pretext for imprisonment.

If there's anything more we can do, please tell us. Please.

Again, thank you, sir.

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Rec'd.

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Thank you for this post.

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YOUR Army is the army I entrusted my son to...thank you, sir.

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Back in the day, Vietnam set the stage for the transformation of our military to becoming a political manifestation of our country. This has been an ongoing change that has continued along that track ever since. Our present wars didn't start that way but changed very quickly when the Bush administration falsely decided Iraq was responsible for 9/11.

Theoretically at least, our military is not supposed to be this way. The biggest and most misguided indicator of this change is reflected today in our military now playing a significant role in domestic intelligence.

Just as the political has pretty much mucked up everything about this nation, it has done the same with the traditional role of our military. And just as it has been revealed how seriously the political has messed up this country, we have yet to see the real consequence of this change with our military. One thing for sure, it will be very bad when that consequence registers itself on the public consciousness. We may not know it now but this is possibly the most serious historical legacy of the Bush administration.

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The US has been involved in close to 40 wars since WW-II, all against relatively weak, mostly popular enemies. Right now it is fighting in Afghanistan directly, securing a friendly rule in Iraq, helping to stymie popular insurgencies in Yemen and Somalia, and protecting regimes in Israel, Colombia, the Philippines, Honduras, Egypt, and many other places from the threat of freedom. This is nothing new. This is what the US did since it became the global hegemon, beginning in 1947 in Greece, with the mass murder of the Partisans who fought against the Nazi. It is of course also what the US did before, from Wounded Knee to the Philippines. In the last five decades the US provided moral, diplomatic and logistic support for at least three genocides, in Bangladesh, in East Timor, and in Cambodia. In Vietnam alone, the US army killed at least two million people, mostly peasants, and that is at least 1.5 times the number of victims who died in Auschwitz.

So I have no idea what "values" you are talking about. Really, absolutely no idea.

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Having resigned and retired, is Col. Morris Davis able to help you in any way with your client representation?

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I consider Col. Davis a true hero and hope to work with someday on these issues. As time passes, we see more senior military officers coming out against what happened immediately following 9/11. Unfortunately, when the senior military leadership do speak out supporting Geneva and international law it usually gets buried in news if covered at all.


Unfortunately, the media wants to keep to the script of the military being in love with abuse which is simply untrue. I suspect that they can sell more advertising as long they continue the fictitious battle within the uniformed ranks. As I point out in the piece, those who support smashing helpless prisoners are not senior military leaders but instead are politicians, DOJ lawyers, and talking heads.

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It is very difficult to add to this post. It says what most true Americans feel about the way we would want to be treated as a prisoner and the way we should treat others in the same situation. It is absolutely sickening what the Bush administration have done to our morals and what we are/were as a country. Absolutely sickening. I hope so much that the people ultimately responsible for this pay the price for what they have done to our country.

Thank you Barry Wingard. I hope many people in the government and in the military read this post.

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Great stuff, Colonel! Keep it up!

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"While in basic training, the U.S. Army instilled in us a set of principles and then promptly sought to test our resolve. We were told that it was routine for the Soviets to detain citizens of other nations without trials. The Army even had a fake Russian officer stand on a stage and attempt to rattle us young recruits by telling us that our weakness and sense of morality would lead to our demise."

This paragraph says it all to me. I never went into the service but I was taught this at school, via radio and when I watched TV.

This is all a damnable shame, what our country has become. We do not even pretend anymore.

Great blog.

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One can only hope that many will read this powerful piece. I salute you, son.

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If we give up our principles to fight terrorism, we have lost the fight.

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We have been experiencing technical problems with people creating accounts here at TPM.

Please consider coming over to my site at FIREDOGLAKE (FDL) and telling me what you think:

http://seminal.firedoglake.com/diary/38151

Thank you for taking the time to read my thoughts on these critical issues.

Barry Wingard

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THANK YOU SO MUCH for standing up for JUSTICE in this country! HOW did we veer so far???? BTW, we adore your mom on twitter :)!

We support your mission!!! YOU are a FINE American!

mfpdx

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Barry D Wingard is a Lieutenant Colonel representing Fayiz al-Kandari. He began his career in the Army as an enlisted infantryman and then an infantry officer. Currently he is a Judge Advocate General (JAG) in the Air Force, has served 26 years and is a veteran of both Bosnia and Iraq conflicts. The views expressed are those of the speaker and do not necessarily represent the views of DoD or or its Components

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