“The basic facts are not in dispute. No one denies the Iraqis had their hands held high, and no one denies Lieutenant Commander Bedford ran forward and shot each one of the twelve men dead. We have already heard that the tribesmen may or may not have been armed. But the Iraqi government says they were unarmed. Every television report in the Middle East says they were unarmed. Every newspaper report in the Middle East, and many in our own country, submit that the twelve Iraqis were indeed unarmed. And it would be the duty of any Western democracy to examine those allegations thoroughly and, if found to be true, to take action accordingly and punish the miscreant.
“It is my sad duty to stand before you to test the validity of these accusations. And I call the principal eyewitness for the prosecution, Lt. Barry Mason of the SEAL team’s Foxtrot Platoon to offer his account.”
Lieutenant Mason, immaculate in his uniform, swore to tell the truth, the whole truth, and nothing but the truth. He confirmed his name, rank, and date of birth; stood rigidly to attention; and succinctly answered the questions of Harrison Parr.
“I believe you were on combat duty on the west bank of the Euphrates River on May 29th this year?”
“I was, sir.”
“And were you under the command of Lt. Cdr. Mack Bedford?”
“Not at first. I came with the first convoy on a rescue mission under the command of Lieutenant Harcourt. But we were hit with an antitank missile, and everyone in the lead tanks was killed.”
“Lieutenant Harcourt?”
“Dead, sir. I tried to save him because he got out of the tank, but he was burned alive. I was lucky.”
“And what happened then, Lieutenant?”
“We tried to put out the fires and radioed for help. Lieutenant Commander Bedford’s convoy reached us within about forty minutes. And we came under his command.”
“And then?”
“Two more tanks were hit, sir, by the same type of missile. Fired from across the river, from the edge of the town.”
“How do you know they were fired from across the river?”
“I saw the last two come in, sir. We never had a chance.”
“Would you say Lieutenant Commander Bedford was enraged by all this?”
“He was very, very angry, sir. Some of his close friends were burning to death, and no one could do anything to save them. The heat was melting the fuselage of the tanks. Our other lieutenant was in tears.”
“Were you in tears?”
“Yessir.”
“Were other SEALs in tears?”
“Yessir.”
“And were you not ashamed, as a SEAL officer, to be in tears?”
“Nossir. We all were.”
“Perhaps not the reaction one would expect from trained combat troops?”
“You didn’t see it, sir. Our guys burning to death. If you had, you would not have made that remark.”
“As you wish. Now perhaps you’ll tell the court what happened next.”
But Lieutenant Mason was too upset to continue. Boomer Dunning immediately stepped in to save the young officer from embarrassment. He called a ten-minute adjournment and told the guards to bring a glass of water for the lieutenant.
When the court resumed, Lieutenant Mason was once more prepared for his ordeal, to relive the memory of that day in Iraq, and the recurring horror of what he had seen – the horror that haunted his dreams every night of his life.
“And when the Iraqis began crossing the bridge, was there any doubt in your mind that these were indeed the same people who had opened fire on the US tank?”
“None at all, sir. They were the same people. We could see them on the other side of the river. There was no one else there.”
“Is there anyone who can corroborate this?”
“Certainly Lieutenant Commander Bedford, sir. He was sighting them through binoculars for about ten minutes before they tried to cross the bridge.”
“Have you been told that? Or did you actually see him?”
“I saw him, sir. He was standing right next to me. He was constantly checking out the enemy through the glasses.”
“But how could either of you have known that the men crossing the bridge were the men who fired the missiles?”
“OBJECTION! The question’s been asked and answered.” Al Surprenant looked extremely irritated, and was unable to prevent himself from adding, “Of course the lieutenant and his commander understood precisely who the men on the bridge were.”
“The objection is sustained,” interjected Captain Dunning. “But perhaps, Commander Surprenant, you would restrict yourself to a plain format of objecting, rather than providing us with personal elaborations.”
“I apologize, sir,” replied the counsel for the defense, somehow humbled but nonetheless looking absolutely delighted with himself.
Harrison Parr continued, but he was shuffling papers, playing for time, slightly concerned at the intensity of his legal opponent’s attack.
And was it at this time you first saw Lieutenant Commander Bedford make a run for the bridge with his rifle raised?
“OBJECTION! Counselor is blatantly leading the witness,” snapped Al Surprenant.
“Sustained. Please rephrase the question.” Boomer Dunning’s face, too, was concerned, worried at the level of bitterness this case was already revealing.
“Lieutenant Mason, what did you see next?”
“Sir, we were all staring at about a dozen men crossing the bridge.”
“Were their arms raised in surrender?”
“Their arms were raised. Whether or not they were raised in surrender I have no idea, since they were not military, just killers, and I am unfamiliar with their codes of conduct.”
“Well, if you had seen American soldiers walking forward like that, would you assume they were surrendering?”
“They were not American, and they were not soldiers. They were brutal tribal murderers who had just launched a sneak attack on us, and wiped out some of the nicest, most loyal guys you could ever meet. Don’t compare those bastards to Americans, sir. At least not to me.”
Boomer Dunning again stepped in, as the young lieutenant was becoming visibly upset. “Lieutenant,” he said, “I know this is very difficult for you. I don’t suppose many people could understand just how difficult. But the question was simple: if Americans had walked like that, would you have assumed surrender? You are at liberty to reply yes, no, or I don’t know.
Lieutenant Mason nodded and said, “Yes. I would think Americans were surrendering.”
“Then why would you doubt the motives of the Iraqis walking toward you with their hands held high?”
“Because that’s what they do, sir. They pretend to surrender, and they might be carrying suicide bombs, strapped to their bodies under their robes.”
“Do you really believe that, Lieutenant?”
“Believe it? I know it. An Iraqi surrender is just about the most dangerous maneuver in the book. To us, that is. They wait till they are near us, and then either detonate a bomb or open fire.”
“Did Mackenzie Bedford believe that?”
“OBJECTION! How could Lieutenant Mason possibly know the deepest innermost beliefs and suspicions of his commander?”
“Sustained. Rephrase, please.”
“Was this a common belief among Special Forces serving in Iraq?”
“Very definitely, sir.”
“Well, Lieutenant, perhaps you would now tell the court what happened next?”
“Yessir. We could now see the Iraqis moving forward. And Lieutenant Commander Bedford ran toward our side of the bridge and confronted them.”
“Was his rifle raised in battle mode?”
“Yessir. And I did think he was about to open fire on them.”
“And what did you do, Lieutenant?”
“I ran forward to try to stop him, sir.”
“And you were obviously not successful?”
“Nossir. I was too late. Lieutenant Commander Bedford opened f
ire on them.”
“Did anyone else in the platoon join him in this exercise?”
“I cannot say, sir.”
“I mean, was there one other single person in Foxtrot Platoon who felt inclined to join in these cold-blooded murders?”
“OBJECTION! Again the question has been asked and answered” Al Surprenant was visibly furious. “Counsel is not only leading the witness, he is bullying the witness,” he added. “He is asking the same question in a way that demands the lieutenant state how other men felt. And how could he possibly know how other men felt?”
“Objection sustained. And would defense counsel kindly restrict questions to military facts? I am aware this case has already taken a curious turn, perhaps because Lieutenant Mason would far rather be standing here in defense of the accused rather than against him. Proceed.”
Harrison Parr smiled good-naturedly and said to Barry Mason, “The court understands this is very difficult and that you have been ordered to appear here and assist in the prosecution of Lieutenant Commander Bedford. You have been an excellent witness so far, and I am sure my learned friend, Commander Surprenant, will provide you with ample opportunity to express your personal opinions as we continue.”
“Thank you, sir.” That was not “Yessir”; that was “Thank you, sir.” And everyone understood the significance.
“Lieutenant, do you remember what you said when you reached Mack Bedford?”
“I said, ‘Don’t fire, sir.’”
“I believe you also said, ‘For Christ’s sake, don’t fire.’”
“I believe I did.”
“And may I ask why you said those things?”
“Mostly because I thought we might all end up standing right here if he did.”
“Did you believe it was necessary to shoot them?”
“I thought we might get away with not shooting them.”
“And did you realize the Geneva Conventions expressly forbid the shooting of surrendering personnel?”
“OBJECTION!” Al Surprenant was on his feet now. “The revised Geneva accord also forbids the practice of troops pretending to surrender. I consider it utterly unreasonable to quote from Geneva so opportunistically.”
“Sustained. For the time being we will leave Geneva out of this.”
“Very well. Lieutenant, may I presume you thought it categorically wrong to shoot down these men?”
“Nossir. You may not. I just thought it was a goddamned bad idea. But not wrong.”
“Not wrong, perhaps, because you are not fully acquainted with the rules of war?”
Al Surprenant’s chair almost cannoned into the row behind so sharply did he leap to his feet. “OBJECTION!” He knew there was no need to elaborate.
“Sustained. And Commander Parr, try to remember that such tactics, frequently heard in civilian courts, are neither applicable nor fair in a navy court martial. Particularly when you are questioning an upstanding and extremely brave young officer who’s been through the fires of hell on behalf of our country.”
“No further questions,” replied Harrison Parr.
Commander Surprenant remained on his feet.
“Lieutenant, have you ever witnessed Iraqi insurgents pretending to surrender?”
“Yessir. I have, once in Baghdad, once in Fallujah.”
“Could you tell the court what happened?”
“In Baghdad, sir, we had a group of them trapped in a house where we knew there was a major cache of arms and explosives. About a dozen of us were out front, maybe thirty feet back from the front door, when they suddenly came out with their hands held high.”
“Were you given orders not to shoot?”
“Nossir. Just to hold fire.”
“How many of them came out?”
“Six, sir.”
“And then what happened?”
“When the last one stepped onto the sidewalk, sir, he just detonated like a bomb and right behind him the whole house blew up.”
“Did the six die?”
“Yessir. Still with their hands up.”
“And your platoon?”
“The two young SEALs in the front line were both killed, five more of us were hurt, three quite badly. One of them died later.”
“And you?”
“A hunk of flying stone hit my helmet and split it. Seven stitches.”
“And who commanded that platoon that day?”
“Lieutenant Commander Bedford, sir.”
And Fallujah?
“Oh, there were only two insurgents. They just walked toward us with their hands high. From about fifteen feet they suddenly produced their AKs and opened fire on us.”
“Was anyone hit?”
“Yessir. Two of our guys. But we returned fire quickly and took ’em both out.”
“Was Lieutenant Commander Bedford there?”
“Not with us, sir. He was right across the street, and he was the first one over to help us with the wounded.”
“Were those thoughts running through your mind at the bridge?”
“Sure were. I was just deciding what scared me most – a courtroom like this or the enemy pulling some trick on us.”
“And in your case it was the courtroom?”
“Guess so. I really thought there might be big trouble if the boss shot ’em.”
“But did you think they might pull a bomb or a rifle on you?”
“I sure did. And there were several guys with their weapons drawn in readiness.”
“Lieutenant, were you surprised to see Lieutenant Commander Bedford run for the bridge and confront the Iraqis?”
“Nossir.”
“Why not?”
“Mack Bedford leads from the front, sir. Always has.”
“In your view, was Lieutenant Commander Bedford making sure he did not lose his own life?”
“Hell, no, sir. He was just looking after his guys, the SEALs standing right in front of the bridge, who would have taken the impact head-on – I mean a burst of gunfire, or a bomb.”
“How would you describe Lieutenant Commander Bedford’s actions?”
“Courageous. Like we would expect from him. He was the best officer I ever served with.”
“Thank you, Lieutenant. No more questions.”
Commander Parr called two more SEAL witnesses, who quickly confirmed almost word for word the significant sections of Lieutenant Mason’s testimony. When this was completed, Commander Surprenant declined to cross-examine, preferring instead to allow the devastating impact of Barry Mason’s words to remain with the panel.
Commander Parr then called Mackenzie Bedford, the accused, who, in a military court martial, is required to stand and explain his actions before the defense is invited to question him.
Lieutenant Commander Bedford stood rigidly to attention, in full uniform, glancing neither to left nor to right. He carried no notes, no reference, and he faced the prosecutor with an expression that might reasonably be described as fearless. His attorney, Al Surprenant, looked as much like a coiled spring as any 225-pounder can. Mack swore to tell the truth, and identified his rank and date of birth.
Commander Parr immediately began the process that had preoccupied the powerfully built SEAL officer for so long.
“Was there any doubt whatsoever, in your mind, that the men walking across the bridge were the precise same protagonists who had fired the missiles at the SEAL convoys?”
“None.”
“How can you be so certain?”
“I’d been looking at them through very powerful glasses for a long time. I’d observed them even before they fired the second set of missiles. I would have recognized them anywhere.”
“You did not need glasses to see they -were apparently unarmed, did you?”
“What do you mean ‘apparently’? What the hell’s that supposed to mean? These men survive on sheer cunning. They’re tribesmen, not American salesmen. They’re trackers, killers, gunmen. And if you’re interested, they’d fired at us from behind a
stone wall, well hidden.”
“Lieutenant Commander, there remains no proof before this court that these men, now dead, were guilty of anything. And even you would admit they were now surrendering.”
“If they weren’t guilty of anything, how come they were surrendering? Sir. People who haven’t done anything don’t usually go around surrendering, do they? Sir.”
“Steady, Mack.” Captain Dunning, who was very close to the SEAL officer, could not help this involuntary word of caution. Everyone could see the suppressed outrage in his demeanor.
“But it appears only you, Lieutenant Commander, were so certain of their guilt, you found it necessary to take action.”
“OBJECTION!” Al Surprenant flew to his feet. “Mack Bedford has no idea whether the others had reached the same conclusion, and he ought not to be asked questions that are plainly beyond his knowledge. He merely reacted faster. That’s all.”
“Sustained.”
“Your quick reaction is, in its way, commendable, Lieutenant Commander, but I submit it was also unnecessary. These Iraqis were harmlessly submitting to American interrogation.”
“These ‘harmless Iraqis’ had just murdered twenty of my guys! Burned them to death right in front of our eyes. How dare you suggest I shot the wrong men? I am a SEAL commander, constantly in harm’s way, right on the front line. You are a lawyer with a big desk. You might do well to remember that.”
“Strike that last remark from the record,” said Captain Dunning. “Lieutenant Commander Bedford, I am obliged to say that the sympathy of this court is almost entirely in your favor. Please try to contain your understandable anger. No one is enjoying this, believe me. Certainly not Commander Parr.”
Mack Bedford nodded his assent, and Harrison Parr continued his uphill struggle.
“I am almost through, Lieutenant Commander. And I have to say the position of the prosecution remains unchanged – you shot down these unarmed men in a fury—”
“OBJECTION!” Al Surprenant was again on his feet. “The question of whether they were armed or not is a matter of opinion. Not fact. The word has been stricken from the charge. Counselor has no right to reinsert it. I ask the word be removed from the record.”
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