The men are in solitary confinement, locked in 8'x8' cells at San Diego's Camp Pendleton, as investigators probe an April 26 incident involving the 3rd Battalion, 5th Regiment, 1st Marine Division. They are behind bars 23 hours a day; family members can only see them through inch-thick Plexiglas. Military blabbermouths have told the press that the service members are suspected of kidnapping and shooting a man in the Iraqi town of Hamdaniya. The Iraqi man's family reportedly came forward seeking payment for his death as media hysteria set in over the separate alleged atrocity in Haditha.

These men -- our men -- may be innocent. They may be guilty. Charges may or may not be filed this week. But this much is certain: The media leaks and the Murtha-fication of the case are already taking a heavy toll on the troops and their families. The headlines have already convicted them: "Iraqi's Slaying Planned By Marines, Official Says." "Marines Planned to Kill Iraqi Civilian, Then Planted Evidence."

Once again, our own politically correct officials and media are giving aid and comfort to our enemies, at the expense of those who risk their lives in our defense.

To Hell with it. I think I am going to hang my flag upside down, today.

To Hell with it. I think I am going to hang my flag upside down, today.

I would, but here in Ferkakta it would be taken as some sort of "Help, Bush is destroying our country" distress signal.

Confinement prior to preferral of charges is expressly authorized by the Rules of Courts Martial. Specifically Rule 305(h)(2)(B):

The commander shall direct the prisoner’s release from pretrial confinement unless the commander believes upon probable cause, that is, upon reasonable grounds, that:

(i) An offense triable by a court-martial has been committed;
(ii) The prisoner committed it; and
(iii) Confinement is necessary because it is foreseeable that:
(a) The prisoner will not appear at trial, pretrial hearing, or investigation, or
( b ) The prisoner will engage in serious criminal misconduct; and
(iv) Less severe forms of restraint are inadequate.


There is no requirement that charges be filed against a soldier prior to confinement. But confinment MUST be based on a reasonable belief in the above factors.

Additionally, any order of pretrial confinement must be reviewed within 48 hours by a "neutral and detached officer" (I did one myself just the other day) and within 7 days by a military magistrate. Moreover, Rule 707 requires that these servicemen must be brought to trial within 120 days of their confinement.