December 7, 2009 3:36 PM

Navy SEALs Arraigned on Abuse Charges

(AP)  Two Navy SEALs accused in the mistreatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned in military court Monday, and one SEAL said he was gratified by support from the public and some members of Congress.

The judge scheduled courts-martial next month for Petty Officer 2nd Class Matthew McCabe of Perrysburg, Ohio, and Petty Officer 1st Class Julio Huertas of Blue Island, Ill. A third SEAL will be arraigned later.

The SEALs have received an outpouring of public support on the Internet, and a California congressman has led a campaign urging Defense Secretary Robert Gates to intervene. About three dozen protesters, including the mother of one of the slain contractors, stood outside the Norfolk Naval Station gate Monday morning holding signs of support.

McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators. He deferred entering a plea until his Jan. 19 trial.

McCabe told reporters he was confident he would be exonerated.

"I feel very good about it," he said as he made his way through the crowd of supporters, shaking hands and thanking them. "The support is phenomenal. It makes us feel better, all these people being behind us."

Huertas pleaded not guilty to charges of dereliction of duty, lying to investigators and impeding an investigation. His trial was set for Jan. 11.

"He's been a hero - two tours of Iraq and one tour of Afghanistan - and now this is the thanks he gets," Huertas' civilian attorney, Monica Lombardi, told reporters after the arraignment.

Military attorneys were not available for comment.

McCabe and Huertas both deferred a decision on whether to be tried by a military judge or jury. Lombardi said they couldn't choose because they still have not received the prosecution's evidence.

The men could have accepted a nonjudicial reprimand but wanted to go to trial to clear their names, Lombardi said. A reprimand could have resulted in a loss of rank; if they are convicted at trial, they could get up to a year in jail, a bad conduct discharge, or a loss of rank or pay.

McCabe declined to talk to reporters about specifics of the case. His father, Marty McCabe of Las Vegas, said all his son did was his job.

"It just turns my stomach to have these people send him over there and put him in harm's way, and then they don't have his back when he gets home," Marty McCabe said.

Military officials have cautioned against a public rush to judgment, saying a true picture will emerge when all the evidence is heard. However, more than 45,000 people have signed onto a Facebook page supporting the SEALs, and U.S. Rep. Duncan Hunter, R-Calif., said in a letter to Gates last week that the prosecution was an overreaction by the military.

The charges stem from an alleged assault after the SEALs captured Ahmed Hashim Abed in early September. Abed is believed to be connected to the killings of four Blackwater security guards who were protecting a convoy when they were attacked by Iraqi insurgents. Their burned corpses were dragged through the city, and two of them were hung from a bridge over the Euphrates River.

Donna Zovko of Cleveland, whose son Jerry Zovko was among the slain contractors, said the prosecution of the SEALs who captured Abed was "very heartbreaking."

"For these young Navy SEALs, I am very thankful and hopeful that they will be OK," Zovko said.

Along with McCabe and Huertas, Petty Officer Jonathan Keefe of Yorktown, Va., is charged with dereliction of duty and making a false official statement. His arraignment has not been scheduled.

The SEALs, based at Joint Expeditionary Base Little Creek in Norfolk, are not in custody.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 104 Comments
by youcancallmeroy December 31, 2009 10:00 PM EST
It is New Years weekend and I have been wondering for weeks now what will be the most important news story in 2010? Easy, if you are the kind of American who understands thatwhen it comes to honor and truth,
politics are secondary to one of the most ridiculus stories in American history. It is about three Navy SEALs who face assault charges for capturing one of the most wanted terrorists in Iraq. He is the alleged mastermind of the murder and mutilation of four Blackwater USA security guards in Fallujah in 2004. So what happened? This murdering, American hating, terrorist shows up with cuts, bruises and cries like a baby. Well of course, most Americans do understand what a cowardice, scumbag these radicals are. Most understand what kind of condition we would be in if this guy caught us. It's called headless. How do you describe terrorists who get women and children to commit suicide while murdering other people? This is how low these scums are. On the other hand, we have some Americans who say he deserves to be heard and these SEALs are treated like the criminals. The next question is simple, who are the spineless advocates of these prosecutions who apparently do not appreciate their freedoms secured by our serving military and veterans?
In simpler language for CNN, NBC, CBS, ABC, and MSNBS, who are those who look at this story and yawn? Who are the individuals in our Navy, Pentagon, or Defense Department who are kicking our troops in the teeth or who stab them in the back with indignant politics? Where is our new
President and our new Congress? You dishonor them and do not speak for the proud Americans who rally behind their troops when they are about to get unjustly screwed, again. Elected officials, where is your backbone? This is a grave threat to our American national security and to the welfare of our U.S. Armed Forces. Whoever is behind this insane, suicidal, prosecution should be removed from office immediately and prosecuted themselves for giving aid and comfort to the enemy in time
of war. This goes for whoever approved it and whoever approved the approval all the way up the chain of command. This preposterous game, in which we give a terrorist a forum to recruit and even offer training to his fellow animals around the world, must be stopped immediately. The three, all members of the Navy's elite commando unit, have refused non-judicial punishment ? called an admiral's mast ? and have requested a trial by court-martial. Ahmed Hashim Abed, whom the military code-named "Objective Amber," told investigators he was punched by his captors ? and he had the bloody lip to prove it. Now, instead of being lauded for bringing to justice a high-value target, three of the SEAL commandos, all enlisted, face assault charges and have retained lawyers.
In the beginning of this comment, I said that this news story is the most important of 2010. Why? because no matter what party you belong to, if you don't care about those who defend this nation, sooner or later,
there will not be an America. Believe me, if an old guitar-picker like myself is worried, you should be too.
Please think about our troops and veterans this Holiday while sitting back in your warm homes watching football games with friends and loved ones. I wish I could have been as brave as these magnificent beings,
who defend us, no matter what?
Email or call your Congressmen, our President and even our (asleep at the wheel)media about this problem.
Reply to this comment
by gregwax December 22, 2009 4:58 PM EST
Dear President Obama

Instead of waiting for these men to go through a courts martial, change policy to get these men help instead. We overtax our military and then punish them when there patience of losing countless friends grows dangerously thin.
Reply to this comment
by goometoad December 16, 2009 7:29 AM EST
I can not believe we are doing this to our Seals. They get hurt worse then a fat lip in their training. Why would anybody believe what these killers say. All they want to do is kill Americans. You can not believe anything that these people say. So we hang our seals and ruin their carriers? For what purpose??? What the hell is this country coming to???? We have never won a war since WWII and we never will with this kind of crap going on. The guy is lucky he only got a fat lip. Give our Seals a medal for not killing the scumbag. If this country keep treating out fighting men and woman in this manner we are not going to have a country at all. I did my time during Viet Nam and we are the only country that goes to war with rules. We need to keep politicans out of the war business and let the Generals and Admirals take care of it and do their job. This is a travisty and this should not have ever been done to our Seals.
Reply to this comment
by sassymxracer December 12, 2009 6:25 PM EST
Go to www.savethenavyseals.com or facebook page: Support The Navy Seals who Captured Ahmed Hashim Abed. www.supportourseals.com is fraudaulant.
Reply to this comment
by jirvinjournal December 14, 2009 5:16 PM EST
Where do you get off saying www.SupportOurSeals.com is fraudulent? Do you know anything about the US Navy SEAL/Warrior Legal Defense Fund that's setup under this website, or you just running your mouth for your own personal gain? You are doing nothing but hurting these guys and making false statements for some unknown reason. I don?t see anywhere on Indiana Dan?s website trying to help cushion the financial blow these guys are receiving? This defense fund, as of this past week has donated over $3,000 directly to the 3 lawyers representing these 3 seals. As a matter of fact, 100% of all donations have been sent to the lawyers and financial reports will be made available to any contributor upon request. Do your homework before trying hurt an effort that is doing nothing but good for these guys.
by jirvinjournal December 14, 2009 8:39 PM EST
By the way, Neil Pucket (Matthew McCabe's lawyer) with the Puckett & Faraj, PC lawfirm, posted a statement on his website about the US Navy SEAL/Warrior Legal Defense Fund. You can read more at: http://www.puckettfaraj.com/2009/11/so2-mccabe-charged-with-detainee-abuse
by MStew December 9, 2009 4:50 PM EST
I can not believe Tiger Woods is more important than these SEALs (Media). This should never happen to our military. I have a son who is a SEAL and even in training he comes home bruised, cut, sore, and bloody. He never complains. He just takes it and now when a murdering, American hating, terrorist shows up with maybe cuts, bruises and cries like a baby Americans say he deserves to be heard and these SEALs are treated like the criminals. What's wrong with you people???? Do you think if this guy caught you, you'd be in mint condition? WAR SUCKS! I think the guy fell against a rock and knows how the American system works, so he's using it like so many others.
Reply to this comment
by sassymxracer December 12, 2009 6:28 PM EST
I feel exactly the same!!! For those that want to help go to www.savethenavyseals.com or facebook page: Support The Navy Seals who Captured Ahmed Hashim Abed www.supporttheseals.com is a fraud
by riptide213 December 8, 2009 2:07 PM EST
Tora Bora hesitation fiasco then and pending court martial of Special Forces members now are both consequences of ambivalent national leaders who were reluctant to unleash the dogs of war or support their military with unfettered tactical freedom to conduct combat operations as needed.

Special Forces like SEALs are commandos not chaplains or social workers.

Thanks to our military we defend and keep our country secure.

Freedom is not free so once given a mission give our troops your full public flag waving encouragement , full endorsement, and every resource to do their job unhindered by political meddling.

Any spineless advocate of these prosecutions need to go somewhere else to espouse and bolster soft touch social engineering because there is no shortage of others risking all to get into our country, take your place, and appreciate freedoms secured by our serving military and veterans.

Do not kick our troops in the teeth or stab them in the back with indignant politics.

You dishonor them and do not speak for the proud Americans who rally behind their troops when they are about to get unjustly screwed, again.

Elected officials please get some backbone and take a stand on this one.

How you voice or do not voice you views and actions to secure proactive intervention before a miscarriage of justice will determine how many voters and tax payers will support you.

Support our troops unreservedly for they are sworn by duty to be the working instruments of our common defense as directed by elected US civilian leadership.

Fact. War conventional or unconventional is hell.

Fact. People die and get hurt in war.

Fact. No such thing as a surgical strike, unblemished interdiction, or picture perfect peace loving clean photo op military operation once contact with an enemy is forcefully established.

War is a brutal, dirty job but somebody has to do it.

Taxpaying US citizens paid good money to train, equip, and deploy these SEAL commandos from our All Volunteer Force to go in harms way overseas on the nations behalf.

Anything less than kicking ass from SEAL commandos would not be value for tax dollar.

Maybe we should close our commando schools and expand the Peace Corps to secure our national defense in a more passive manner.

Better yet send all our diplomats to the active front line without military war fighters to make first contact with bad guys and negotiate approved political solutions in a calm verbal judo manner.

These highly trained and highly respected special force professionals deserve our thanks not activist smugness of some in vogue show trial condemnation or political appeasement.

We enjoy freedoms in our presumed democracy to voice personal opinions and vote for the politics of your choice.

Remember often and support in both the good or bad times those who make these comfortable freedoms possible.

If you do not like current national policy vote and contact your elected legislators with better ideas to be introduced to the democratic process of policy decision making.

If you do not like what is happening to these SEAL operators contact your elected legislators and clearly express your wishes to get these guys back in the fight and out of this show trial courtroom simply for doing their job.

If you think you can do a better job as a SEAL than those being hassled over their methods tracking down American killing bad guy extremists, inviting them unperturbed back to base camp for biscotti and organic java, and detaining them against their will then please contact your local recruiter ASAP and enlist to serve your country honorably.

Steadfast duty, honor, country vs. whirlwind political agenda show trial.

Troops get my vote every time.
Reply to this comment
by sassymxracer December 12, 2009 6:31 PM EST
Very well worded. Kudos! The troops get my vote every time also!
by damnyanqui December 8, 2009 9:59 AM EST
This is beyond a joke.
This is a grave threat to American national security and the effectiveness of the U.S. Armed Forces.
Whoever is behind this insane, suicidal, prosecution should be removed from office immediately and prosecuted themselves for giving aid and comfort to the enemy in time of war. This goes for whoever approved it and whoever approved the approval all the way up the chain of command.
The job of our soldiers and sailors during a war is to kill the enemy, period.
This preposterous game, in which we give a terrorist a forum to recruit and even offer training to his fellow animals around the world, must be stopped immediately.
Reply to this comment
by sassymxracer December 12, 2009 6:35 PM EST
I agree completely!!!
by zootsuithap December 8, 2009 8:54 AM EST
gott love this administration- lock up the US Navy Seals and set the terrorists free.
Reply to this comment
by AOCGUY December 8, 2009 9:59 AM EST
zootsuithap - It is not the administration that is trying these guys, it is the US Navy and charges were initially filed during the last administration.
by sassymxracer December 12, 2009 6:37 PM EST
Dumbasses!!!
by mysterymook December 8, 2009 8:48 AM EST
Frankly, I don't care if they beat him senseless. They should be rewarded, and if he had to get a little roughed up, so be it. The commanders should just put out a silent memo, "no one captured alive" shoot them where they stand. Not really concerned how these animals view us. Perhaps they would think twice if they realized we got our cajones back.
Reply to this comment
by MsUnderestimated December 8, 2009 9:07 AM EST
I agree. I'm sick to death of our guys and gals in uniform being hamstrung by the P.C. police. I hear from very reliable sources this is payback for the SEALs taking out the two Somali pirates (1 each to the head), freeing the Maersk captain. Obongo didn't want the pirates to be killed, and allegedly the administration feels they didn't follow his ROE.

Cry me a river. These SEALs are heroes. Like mysterymook said - next time just take 'em out on the spot. Quit making our military pussyfoot around everything. Will someone grow a set already? Geez!
by skeezix06 December 8, 2009 3:49 AM EST
It says "is believed". It does not say "is known". I'm sorry but I have to ask. Do we apply the "guilty till proved innocent" standard to them since they used it for others?

If you want to export American judicial and legislative philosophy, you have to demonstrate it over there, not just here.
Reply to this comment
by MsUnderestimated December 8, 2009 9:24 AM EST
Who says we're trying to "export American judicial and legislative philosophy" over there? You're deluded.
See all 104 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook