softheart
03-20-2004, 01:05 PM
March 20, 2004
By NEIL A. LEWIS, New York Times
WASHINGTON, March 19 - The military said Friday night that it was dropping
all charges, including one of mishandling classified information, against
Capt. James J. Yee, the former Muslim chaplain at Guantanamo Bay, Cuba.
The case against Captain Yee, who officials once suggested was part of an
espionage ring, had become a lingering embarrassment for the Pentagon.
In a statement released from the United States Southern Command in Miami,
the military said it did not want to proceed with a trial on the charge of
mishandling classified data because to do so could expose sensitive
evidence to public view.
The remaining charges of adultery and possession of pornography against
Captain Yee were also dropped. But he will have to face an administrative
hearing on those accusations, and he could be penalized by having an
official rebuke placed in his record.
The resolution of the case means that Captain Yee will not have to face an
Army court-martial. At the same time, the military did not affirmatively
clear him of the charge of mishandling classified data, but said it chose
not to prosecute only to protect sensitive documents.
His lawyer, Eugene R. Fidell of Washington, said the resolution
demonstrated that Captain Yee had prevailed in his fight.
"This represents a long overdue vindication," Mr. Fidell said.
He added, however, that Captain Yee was still owed an apology, and he
suggested that the Army was simply trying to sweep its mistakes under the
rug by asserting that it dropped the charge of mishandling classified
documents to keep information from becoming public.
Mr. Fidell said there was no reason that a trial could not have been
conducted, as the lawyers for both sides had high security clearances and
no information needed to have been publicly exposed.
Captain Yee was arrested on Sept. 10 at the Naval Air Station in
Jacksonville, Fla., on suspicion of espionage after customs inspectors had
found papers in his luggage that they said were suspicious and might have
had classified information. Officials first suggested his participation in
a plot to infiltrate the base and told his lawyers that they might seek
the death penalty.
But gradually the case fell apart. He was charged with transporting
classified information without a required secure container - far less
serious than espionage - and placed in solitary confinement in a naval
brig for nearly three months while the military completed its
investigation.
When the investigation finished and he was released, the only new charges
against him involved keeping pornography on his government computer and
having an extramarital affair, both violations of the Uniform Code of
Military Justice.
In its statement on Friday night, the military said Maj. Gen. Geoffrey D.
Miller of the Army, commander of the Guantanamo detention center, had
decided to dismiss the charge of mishandling classified information
because of "national security concerns that would arise from the release
of the evidence."
In doing so, General Miller rejected Captain Yee's proposal to undergo a
debriefing with a polygraph examiner on the question of how he might have
dealt with classified material in exchange for an honorable discharge. The
military's statement said Captain Yee was expected to return soon to his
home unit at Fort Lewis, Wash.
At Guantanamo, where more than 600 detainees are being held, Captain Yee
ministered to the detainees, most captured at the end of the Afghanistan
conflict. He arranged for the Muslim call to prayer to be played over the
sound system of the center five times a day and for meals to be served
outside the fasting hours for Ramadan.
Captain Yee graduated from West Point in 1990 and converted to Islam after
he had left the Army. He returned later as a chaplain.
Army officials suggested in December at a hearing at Fort Benning, Ga.,
that he had documents relating to the detainees. Since his arrest, the
detainees have not had a Muslim chaplain. Officials say they minister to
their own religious needs.
At the preliminary hearing in December, prosecutors were unsure of whether
the materials in Captain Yee's luggage were even classified. Most of the
initial session was taken up with the charges of adultery as prosecutors
brought in a Navy officer who testified in detail about her intimate
relationship with Captain Yee at Guantanamo.
The case was repeatedly postponed, ostensibly to provide an opportunity to
review the materials to see whether they were classified. But the delays
also provided an opportunity to negotiate a settlement.
---
Source : New York Times
By NEIL A. LEWIS, New York Times
WASHINGTON, March 19 - The military said Friday night that it was dropping
all charges, including one of mishandling classified information, against
Capt. James J. Yee, the former Muslim chaplain at Guantanamo Bay, Cuba.
The case against Captain Yee, who officials once suggested was part of an
espionage ring, had become a lingering embarrassment for the Pentagon.
In a statement released from the United States Southern Command in Miami,
the military said it did not want to proceed with a trial on the charge of
mishandling classified data because to do so could expose sensitive
evidence to public view.
The remaining charges of adultery and possession of pornography against
Captain Yee were also dropped. But he will have to face an administrative
hearing on those accusations, and he could be penalized by having an
official rebuke placed in his record.
The resolution of the case means that Captain Yee will not have to face an
Army court-martial. At the same time, the military did not affirmatively
clear him of the charge of mishandling classified data, but said it chose
not to prosecute only to protect sensitive documents.
His lawyer, Eugene R. Fidell of Washington, said the resolution
demonstrated that Captain Yee had prevailed in his fight.
"This represents a long overdue vindication," Mr. Fidell said.
He added, however, that Captain Yee was still owed an apology, and he
suggested that the Army was simply trying to sweep its mistakes under the
rug by asserting that it dropped the charge of mishandling classified
documents to keep information from becoming public.
Mr. Fidell said there was no reason that a trial could not have been
conducted, as the lawyers for both sides had high security clearances and
no information needed to have been publicly exposed.
Captain Yee was arrested on Sept. 10 at the Naval Air Station in
Jacksonville, Fla., on suspicion of espionage after customs inspectors had
found papers in his luggage that they said were suspicious and might have
had classified information. Officials first suggested his participation in
a plot to infiltrate the base and told his lawyers that they might seek
the death penalty.
But gradually the case fell apart. He was charged with transporting
classified information without a required secure container - far less
serious than espionage - and placed in solitary confinement in a naval
brig for nearly three months while the military completed its
investigation.
When the investigation finished and he was released, the only new charges
against him involved keeping pornography on his government computer and
having an extramarital affair, both violations of the Uniform Code of
Military Justice.
In its statement on Friday night, the military said Maj. Gen. Geoffrey D.
Miller of the Army, commander of the Guantanamo detention center, had
decided to dismiss the charge of mishandling classified information
because of "national security concerns that would arise from the release
of the evidence."
In doing so, General Miller rejected Captain Yee's proposal to undergo a
debriefing with a polygraph examiner on the question of how he might have
dealt with classified material in exchange for an honorable discharge. The
military's statement said Captain Yee was expected to return soon to his
home unit at Fort Lewis, Wash.
At Guantanamo, where more than 600 detainees are being held, Captain Yee
ministered to the detainees, most captured at the end of the Afghanistan
conflict. He arranged for the Muslim call to prayer to be played over the
sound system of the center five times a day and for meals to be served
outside the fasting hours for Ramadan.
Captain Yee graduated from West Point in 1990 and converted to Islam after
he had left the Army. He returned later as a chaplain.
Army officials suggested in December at a hearing at Fort Benning, Ga.,
that he had documents relating to the detainees. Since his arrest, the
detainees have not had a Muslim chaplain. Officials say they minister to
their own religious needs.
At the preliminary hearing in December, prosecutors were unsure of whether
the materials in Captain Yee's luggage were even classified. Most of the
initial session was taken up with the charges of adultery as prosecutors
brought in a Navy officer who testified in detail about her intimate
relationship with Captain Yee at Guantanamo.
The case was repeatedly postponed, ostensibly to provide an opportunity to
review the materials to see whether they were classified. But the delays
also provided an opportunity to negotiate a settlement.
---
Source : New York Times