The lower-ranking accused war criminals Iâve known all struck me as really nice guys, right up until it seemed they werenât. Thatâs war for you. Things are fine until theyâre not, and then after that someone is probably dead, and everyone left alive thinks about it for the rest of their lives.Â
Jonathan Keefe was one of my middle school friends in Yorktown, Virginia. I recall a sleepover at another friendâs house that found us rappelling out of a second-story window in order to sneak over to another sleepover and meet up with girls. He became a star swimmer in high school and then a Navy SEAL in Iraq, where he was on the team that captured Ahmed Hashim Abed, the âButcher of Fallujah,â who coordinated the fatal 2004 attacks on four American Blackwater mercenaries, dragging the menâs burned bodies through the streets before hanging them in a public display and triggering one of the fiercest battles of that war.
It was a battle with a toxic legacy for the Iraqi peopleâthe depleted uranium in American ammunition made Fallujah one of the world leaders in birth defectsâand for my school friend Keefe, who, along with two of his SEAL shipmates, was accused and then acquitted of beating Abed in custody. Other SEALs on the Abed capture defended their shipmates at the court-martial, including Carl Higbie, who would blame the investigation on the Obama White House and later claimed the unique distinction of being fired from the Trump administration for being too racist. Jon left the Navy and now works as a private contractor; I still like Jon. Carl, whom Iâve never met but used to encounter on Twitter, not so much.
In January 2007, after 12 months in Afghanistan, my battalion was extended for four months, and I got a new job, promoted to company radio operator. At Forward Operating Base Orgun-e, I would run into a battalion mate named Cal Gibbs in the dining hall or motor pool. It was easy to remember Gibbsâhe is a tall, handsome all-American type from Billings, Montanaâas one of the squared-away soldiers on the battalion commanderâs personal security detachment.
Two years later, I was stationed in Virginia and coming unglued from a case of 16-months-in-a-combat-zone post-traumatic stress. Gibbs went back to Afghanistan, deploying to Forward Operating Base Ramrod with another unit as a squad leader. There, his soldiers got to know a different Gibbs from the squared-away soldier I remembered. According to Army appellate court records, Gibbs âresented not only the Taliban and enemy insurgents, but Afghans in general.â He called them savages, âbelieving they should be killed.⊠[His] hatred eventually led him to discuss the prospect of murdering unarmed Afghans.â
On January 15, 2010, in the village of La Muhammad Kalay, two of Gibbsâs soldiers beckoned to an Afghan man working in a field. As the man stood 20 feet away, behind a waist-high wall, one of Gibbsâs soldiers threw a grenade that Gibbs had procured off the books, killing the Afghan man, whoâd displayed no hostile intent. Gibbs ran toward the sound of the blast, searched the corpse, and cut off one of the Afghan manâs fingers, which he gave to the kill-team soldier as a trophy. âWell, you know, no problem. You did a good job. You did exactly what we talked about,â Gibbs told his soldier.
It was, by any definition, a war crime. A court-martial convicted Gibbs of three specifications of conspiracy (one to commit premeditated murder, one to commit battery, and one to commit aggravated assault with a dangerous weapon); three specifications of premeditated murder; assault consummated by battery; aggravated assault with a dangerous weapon; wrongful possession of bones and a tooth taken from Afghan corpses; wrongful solicitation of another to cut the finger off a corpse; two specifications of obstruction of justice; two specifications of dereliction of duty; and failure to obey a lawful general order. He remains in Fort Leavenworth prison on a life sentence; the Army appellate court upheld the sentence in June 2018.
It is hard for me to see much difference between the crimes of Gibbs and his kill-team and those of the two soldiers and one sailor the president just pardoned, other than the fact that Gibbs is still locked up and these guys arenât. But again, thatâs war for you. Itâs random and unfair. Itâs also hard for me to see why I should be any more upset about these menâs crimes than the criminal decisions of their leaders: Whatâs the difference between a soldierâs extrajudicial killing of an Afghan civilian with a grenade and a presidentâs extrajudicial killing of an American child with a drone? Whatâs the point of holding someone in uniform accountable for abusing a prisoner in Fallujah, when weâll never hold anyone in the depleted uranium ammunition sales division accountable for abusing a whole generation of Iraqi children?Â
Sometimesâas I saw firsthand covering the trial of Bowe Bergdahl for a book that would be named American Cipherâthe only difference is in how we, the American public, see it back here in the States. âA good tree cannot bear bad fruit, nor can a bad tree bear good fruit,â my Bible tells me. âEvery tree that does not bear good fruit is cut down and thrown into the fire. Therefore by their fruits you will know them.â In this case, it is by fruit-loopsâ support of Trumpâs pardon decisions that I can know them. These pardons were not just to exonerate the three men of their war crimes, but to exonerate everyone, all of us, of our war crimesâespecially those Americans who have never seen war, but loudly support its supposed virtues.
âThank you Pete. Our great warfighters must be allowed to fight. I would not have done this for Sgt. Bergdahl or Chelsea Manning!â Trump tweeted over the weekend to Fox and Friends host Pete Hegsethâa longtime Republican operative and military astroturfer who once vied to run Trumpâs Department of Veterans Affairs. On air and on Twitter, Hegseth had been among the most vocal advocates of presidential pardons for the three men; after hours, he lobbied Trump privately, directly, to erase their war crimes. Hegseth had just tweeted out a link to a Fox News piece on the clemency, âGod Bless our President and Commander-in-Chief @realDonaldTrump. A HERO for our warfighters.â
I wonder why Hegseth, a man with five Jerusalem crosses tattooed on his right pectoral, would identify with and champion the men Trump pardoned. A Princeton graduate and former Bear Stearns banker whose right biceps sports a tattoo of a black and white American flag that fades into a tricked-out M4 silhouette, Hegseth planted his warrior seed as an infantry lieutenant in the National Guard, where his first job was guarding prisoners in Guantanamo. Prison guards, of course, are best known for their humanityâparticularly those who are graduates of elite educational institutions.  Â
I have nothing but respect for the commendable military service of Hegseth, whose right deltoid features a full-color tattoo of his unitâs shoulder sleeve insignia. He earned two Army Commendation Medals and a Bronze Star, which all mean something, I suppose. I earned three Army Commendation Medals. One of them was for 16 months of service in war; another was for organizing an annual competition of drill sergeants at Fort Monroe.
Fort Monroe was an Army post whose prison once held Confederate President Jefferson Davis after the Civil War. This was Davisâs second time under Army arrest; the first was when he was put under house arrest at West Point for his role in the Eggnog Riot, in which dozens of cadetsâ love of booze tore the Armyâs premiere educational institution asunder in 1826. As a soldier Davis was, oddly enough, better to civilians in his care than any of the men Trump pardoned: Chief Black Hawk noted that as his escort to prison, Davis treated him with much kindness and care. Trump cannot posthumously pardon Jefferson Davis; Jimmy Carter already did that, following Gerald Fordâs restoration of Robert E. Leeâs U.S. citizenship. Both those amnesties âbenefited from the urge for national reconciliation that followed the divisions of Vietnam and Watergate,â wrote Hamilton College history professor Francis MacDonnell. (Carter also pardoned Vietnam-era draft dodgers.)
What sort of urge drives these pardons? What sort of reconciliationâand with whomâis made possible by extending these men clemency? Why would Hegseth identify with such an aggressively mediocre representative of Mars, the war god, as Lt. Clint Lorance? Why does Hegseth have âWe the Peopleâ tattooed on his right forearm?
Thereâs an old saw that military justice is to justice as military music is to music. It is fascinating to see whoâs tapping their feet along with this decision. Former Florida Congressman Allen West was, according to a press release, âElated that President Trump has brought justice to Army First Lieutenant Clint Lor[a]nce, Army Major Matthew Golsteyn, and Special Warfare Operator First Class Edward R. Gallagher.â The same press release noted that West had lobbied for the release of Lorance since 2013.
West was allowed to retire from the Army as a lieutenant colonel shortly after he was relieved of duty and stripped of command of his field artillery battalion in the first year of the Iraq War. In what the future one-term congressman described as an interrogation, West ordered four of his soldiers to beat an Iraqi prisoner in their custody who wouldnât talk. When that failed to produce results, West, commander of the 2nd/20th Field Artilleryâwhose motto remains âDeep Strike: Duty Not Rewardââdrew his 9 mm Beretta service pistol and pointed it at the prisonerâs head. When that didnât produce results, the future Fox News contributor fired a round, intentionally missing, in an attempt to coerce information from the Iraqi man in his custody.Â
Like Gallagher, Lorance, and Golsteyn, West became a cause cĂ©lĂšbre among a certain set, with 95 members of Congress signing a letter to the secretary of the Army praising his actions and demanding leniency. The Army held a preliminary criminal inquest for West and determined the charges were serious enough to fine him $5,000. He retired, with full rank and pension, in 2004. His security clearance intact, West landed a job in Afghanistan as a civilian contractor for MPRI, where he was an adviser to the Afghan National Army; between shifts instructing Afghans on the finer points of counterinsurgency, he wrote a weekly âColumn From Kandaharâ for Pamela Gellarâs right-wing, Islamophobic âAtlas Shruggedâ blog. West next decided to enter politics as a Tea Party conservative, in 2010 becoming the first African American congressman from Florida since reconstruction. He lost reelection in 2012 in what was, at the time, the most expensive congressional race in American history.
With friends like these, who needs enemies? In his classic post-Vietnam text On the Psychology of Military Incompetence, Dr. Norman F. Dixon recalls a postâWorld War II study of personality traits common among members of the Nazi SS. They were not ideological fanatics, as one might suspect, âbut inadequate âlittleâ men for whom all the satisfactions provided by the SS organization were tailor-madeâall-powerful father figures, rigid rules of loyalty and obedience, and âlegitimateâ outlets for their hitherto pent-up and murderous hostility.â
With Trumpâs latest pardons, maybe the United States is in fact undertaking a reconciliation with the âlittleâ men and women of America who support the troops but know nothing of the war. For people who believe fervently in that passage repeated in the GospelsââA good tree cannot bear bad fruitââand who further believe that American wars must necessarily make good trees, the answer is simple: All the fruit must be good. Make it soâby edict, if you must. Everyone can congratulate themselves for rendering patriotic honors, and get back to the business at hand without questioning the more general war crimes of the past 20 years. Washingtonâs idea of looking at its warriors and wars is best typified in a just-concluded Kennedy Center exhibition of George W. Bushâs âDisplays of Courageâ: 66 of the former presidentâs creepy serial-killer-style painted portraits of soldiers maimed in the wars he started. Like Bush, Trump paints a false scene of American war and its war fighters, resplendent in their glory. It is an anamorphosis of what I know of war, a picture I canât see myself or my war experience clearly in, and Iâm glad for that.  Â
