"Why we cannot win" in Iraq and why saying so can get you 20 years of jail

[Droopy Eye]

http://www.salon.com/news/feature/2004/09/29/military_justice/
(Scroll down for the essay it's talking about)

Operation American Repression?

An Army sergeant in Iraq who wrote a highly critical article on the administration's conduct of the war is being investigated for disloyalty -- if charged and convicted, he could get 20 years.

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By Eric Boehlert

Sept. 29, 2004 | An Army Reserve staff sergeant who last week wrote a critical analysis of the United States' prospects in Iraq now faces possible disciplinary action for disloyalty and insubordination. If charges are bought and the officer is found guilty, he could face 20 years in prison. It would be the first such disloyalty prosecution since the Vietnam War.

The essay that sparked the military investigation is titled "Why We Cannot Win" and was posted Sept. 20 on the conservative antiwar Web site LewRockwell.com. Written by Al Lorentz, a non-commissioned officer from Texas with nearly 20 years in the Army who is serving in Iraq, the essay offers a bleak assessment of America's chances for success in Iraq.

"I have come to the conclusion that we cannot win here for a number of reasons. Ideology and idealism will never trump history and reality," wrote Lorentz, who gives four key reasons for the likely failure: a refusal to deal with reality, not understanding what motivates the enemy, an overabundance of guerrilla fighters, and the enemy's shorter line of supplies and communication.

Lorentz's essay contains no classified information but does include a starkly critical evaluation of how the Bush administration has conducted the war. "Instead of addressing the reasons why the locals are becoming angry and discontented, we allow politicians in Washington DC to give us pat and convenient reasons that are devoid of any semblance of reality," Lorentz wrote. "It is tragic, indeed criminal, that our elected public servants would so willingly sacrifice our nation's prestige and honor as well as the blood and treasure to pursue an agenda that is ahistoric and un-Constitutional."

The essay prompted a swift response from Lorentz's commanders. In an e-mail this week to Salon, Lorentz, declining to comment further on his piece, noted, "Because of my article, I am under investigation at this time for very serious charges which carry up to a 20-year prison sentence." According to Lorentz, the investigation is looking into whether his writing constituted a disloyalty crime under both federal statute (Title 18, Section 2388, of the U.S. Code) and Article 134 of the Uniform Code of Military Justice.

According to the UCMJ, examples of punishable statements by military personnel "include praising the enemy, attacking the war aims of the United States, or denouncing our form of government with the intent to promote disloyalty or disaffection among members of the armed services. A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant. The disloyalty involved for this offense must be to the United States as a political entity and not merely to a department or other agency that is a part of its administration."

Under UCMJ guidelines, the maximum punishment in the event of a conviction would be a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.

Prosecutions are rare, however, says Grant Lattin, a military lawyer and retired Marine Corps lieutenant colonel, because members of the military "have the constitutional right to express their opinions pertaining to the issues before the public. Short of there being classified material and security issues, people can write letters about military subjects. If you look at the Army Times, you'll see letters from people on active duty complaining about this and that."

For instance, in September 2003, Tim Predmore, an active-duty soldier with the 101st Airborne Division, based in northern Iraq, wrote a scathing letter to his hometown newspaper, the Peoria Journal Star in Illinois. "For the past six months, I have been participating in what I believe to be the great modern lie: Operation Iraqi Freedom," Predmore's letter began. "From the moment the first shot was fired in this so-called war of liberation and freedom, hypocrisy reigned," he continued, labeling the war "the ultimate atrocity" before concluding, "I can no longer justify my service on the basis of what I believe to be half-truths and bold lies."

Going beyond the UCMJ and prosecuting disloyalty as a federal crime is "extraordinarily rare," Lattin says, noting that the last published case was in 1970, in U.S. vs. William Harvey. Under Title 18, Section 2388, it's a crime, punishable up to 20 years in prison, "when the United States is at war, [and a person] willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States."

In the Harvey case, a Vietnam-era soldier was accused of making disloyal statements by urging a fellow soldier not to fight in Vietnam. "Why should the black man go to Vietnam and fight the white man's war and then come back and have to fight the white man," Harvey told the soldier, adding that he "was not going to fight in Vietnam and neither should [you]." The case was brought before the U.S. Court of Military Appeals, which noted "the language of the comments were on the line between rhetoric and disloyalty," as well as the fact that "disagreement with, or objection to, a policy of the Government is not necessarily indicative of disloyalty to the United States." The court alternately upheld and reversed portions of Harvey's conviction for disloyalty.

As for Lorentz's case, Lattin, who served as a Marine judge advocate, says it's not uncommon for commanders to threaten soldiers with legal action in order to make a point: "If they know there's an offense for a disloyal statement, I wouldn't be surprised if he said, 'Knock it off.'" Lattin doubts that in the end Lorentz will face prosecution for his writings. "After this gets to lawyers and prosecutors who think about the consequences and the First Amendment, I don't think this will go anywhere."

 

[Droopy Eye]

The article in question:

http://www.lewrockwell.com/orig5/lorentz1.html

Why We Cannot Win

by Al Lorentz


Before I begin, let me state that I am a soldier currently deployed in Iraq, I am not an armchair quarterback. Nor am I some politically idealistic and naïve young soldier, I am an old and seasoned Non-Commissioned Officer with nearly 20 years under my belt. Additionally, I am not just a soldier with a muds-eye view of the war, I am in Civil Affairs and as such, it is my job to be aware of all the events occurring in this country and specifically in my region.

I have come to the conclusion that we cannot win here for a number of reasons. Ideology and idealism will never trump history and reality.

When we were preparing to deploy, I told my young soldiers to beware of the "political solution." Just when you think you have the situation on the ground in hand, someone will come along with a political directive that throws you off the tracks.

I believe that we could have won this un-Constitutional invasion of Iraq and possibly pulled off the even more un-Constitutional occupation and subjugation of this sovereign nation. It might have even been possible to foist democracy on these people who seem to have no desire, understanding or respect for such an institution. True the possibility of pulling all this off was a long shot and would have required several hundred billion dollars and even more casualties than we’ve seen to date but again it would have been possible, not realistic or necessary but possible.

Here are the specific reasons why we cannot win in Iraq.

First, we refuse to deal in reality. We are in a guerilla war, but because of politics, we are not allowed to declare it a guerilla war and must label the increasingly effective guerilla forces arrayed against us as "terrorists, criminals and dead-enders."

This implies that there is a zero sum game at work, i.e. we can simply kill X number of the enemy and then the fight is over, mission accomplished, everybody wins. Unfortunately, this is not the case. We have few tools at our disposal and those are proving to be wholly ineffective at fighting the guerillas.

The idea behind fighting a guerilla army is not to destroy its every man (an impossibility since he hides himself by day amongst the populace). Rather the idea in guerilla warfare is to erode or destroy his base of support.

So long as there is support for the guerilla, for every one you kill two more rise up to take his place. More importantly, when your tools for killing him are precision guided munitions, raids and other acts that create casualties among the innocent populace, you raise the support for the guerillas and undermine the support for yourself. (A 500-pound precision bomb has a casualty-producing radius of 400 meters minimum; do the math.)

Second, our assessment of what motivates the average Iraqi was skewed, again by politically motivated "experts." We came here with some fantasy idea that the natives were all ignorant, mud-hut dwelling camel riders who would line the streets and pelt us with rose petals, lay palm fronds in the street and be eternally grateful. While at one time there may have actually been support and respect from the locals, months of occupation by our regular military forces have turned the formerly friendly into the recently hostile.

Attempts to correct the thinking in this regard are in vain; it is not politically correct to point out the fact that the locals are not only disliking us more and more, they are growing increasingly upset and often overtly hostile. Instead of addressing the reasons why the locals are becoming angry and discontented, we allow politicians in Washington DC to give us pat and convenient reasons that are devoid of any semblance of reality.

We are told that the locals are not upset because we have a hostile, aggressive and angry Army occupying their nation. We are told that they are not upset at the police state we have created, or at the manner of picking their representatives for them. Rather we are told, they are upset because of a handful of terrorists, criminals and dead enders in their midst have made them upset, that and of course the ever convenient straw man of "left wing media bias."

Third, the guerillas are filling their losses faster than we can create them. This is almost always the case in guerilla warfare, especially when your tactics for battling the guerillas are aimed at killing guerillas instead of eroding their support. For every guerilla we kill with a "smart bomb" we kill many more innocent civilians and create rage and anger in the Iraqi community. This rage and anger translates into more recruits for the terrorists and less support for us.

We have fallen victim to the body count mentality all over again. We have shown a willingness to inflict civilian casualties as a necessity of war without realizing that these same casualties create waves of hatred against us. These angry Iraqi citizens translate not only into more recruits for the guerilla army but also into more support of the guerilla army.

Fourth, their lines of supply and communication are much shorter than ours and much less vulnerable. We must import everything we need into this place; this costs money and is dangerous. Whether we fly the supplies in or bring them by truck, they are vulnerable to attack, most especially those brought by truck. This not only increases the likelihood of the supplies being interrupted. Every bean, every bullet and every bandage becomes infinitely more expensive.

Conversely, the guerillas live on top of their supplies and are showing every indication of developing a very sophisticated network for obtaining them. Further, they have the advantage of the close support of family and friends and traditional religious networks.

Fifth, we consistently underestimate the enemy and his capabilities. Many military commanders have prepared to fight exactly the wrong war here.

Our tactics have not adjusted to the battlefield and we are falling behind.

Meanwhile the enemy updates his tactics and has shown a remarkable resiliency and adaptability.

Because the current administration is more concerned with its image than it is with reality, it prefers symbolism to substance: soldiers are dying here and being maimed and crippled for life. It is tragic, indeed criminal that our elected public servants would so willingly sacrifice our nation's prestige and honor as well as the blood and treasure to pursue an agenda that is ahistoric and un-Constitutional.

It is all the more ironic that this un-Constitutional mission is being performed by citizen soldiers such as myself who swore an oath to uphold and defend the Constitution of the United States, the same oath that the commander in chief himself has sworn.

September 20, 2004

 

[L Mac-a-docious]

Good read...it all makes sense...which is why it won't fly with the usual suspects around here...truth hurts. :dead: