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-- under the Constitution's Supremacy Clause (Article VI, paragraph 2), all international laws and treaties are the "supreme Law of the Land."
Distinguished law professor Francis Boyle calls resisting lawless orders "our Nuremberg moment," and those doing it should be honored, not prosecuted. Authorities issuing them are responsible, not low-level troops who have no choice but to go along and obey.
Mestrovic "document(s) hundreds of instances of such deceit, chicanery, and dubious behavior on the part of the government." Brigade commander, Col. Michael Steele, followed orders to kill every military-aged Iraqi on sight. Army investigators called it improper, but never charged him to avoid implicating higher-ups.
Four low-ranking soldiers paid the price - Staff Sgt. Raymond Girouard, Spc. William Hunsaker, Pfc. Corey Clagett, and Spc. Juston Graber, on charges of conspiracy and murder for killing four Iraqis during the May 9 raid, and/or other charges. They're members of Fort Campbell, KY's Company C, 101st Airborne Division, 187th Infantry Regiment, 3rd Battalion (called Rakkasans). The outcome was predictable. They were tried and either found guilty or pleaded guilty as charged.
Graber pleaded guilty to aggravated assault with a dangerous weapon and received nine months imprisonment under a plea bargain to testify against the others.
Clagett pleaded guilty to murder, attempted murder, conspiracy to commit murder, and obstruction of justice and got 18 years in prison. Hunsaker also pleaded guilty for the same sentence. Girouard was convicted of three counts of negligent homicide and received 10 years confinement.
Throughout the proceedings, they never had a chance, nor does anyone authorities target to convict. They paid for their superiors' crimes. The Operation Iron Triangle ROE was illegal. Yet in criminal proceedings:
"Law enforcement agents lied and tricked their own soldiers." They weren't read their Miranda rights. They were confined in 7 x 7 prison cells 23 hours a day, in violation of minimal army standards. Required autopsies weren't performed. Neither were scientific and forensic tests. "Some sworn statements were not passed up the chain of command." Others were shredded. "Information and reports were withheld from (their) Article 32 hearing" - a preliminary process preceding a court martial.
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