Chapter 12: In the Dock
This is the latest chapter of The Ice Man, my book about the Navy SEAL platoon in Iraq that took the blame for a CIA homicide. The book is available only to paid subscribers.
The case of Lieutenant Justin Legg was heard in Naval Base San Diego in January 2005.
During this hearing, one of Legg’s attorneys, Matthew Freedus, asked the question that launched this book—“What position was Jamadi in when he died?”
Jeffrey Harper made what would be his only appearance in open court when he took the witness stand during Legg’s Article 32 hearing. Harper spoke quietly and testified under a grant of immunity from prosecution.
He said he came forward because the things he claimed he saw in Iraq weighed heavily on his conscience. “I'm here testifying against prisoner abuse,” he said. “It just wasn't right.” Harper said he had struggled over a decision to come forward about the abuse "These were my friends, my comrades," he said. "It wasn't easy at all."
Harper said he first witnessed prisoner abuse a week after he arrived in Iraq in October 2003. He recalled an incident during which a hooded and handcuffed detainee was abused in a scene that reminded him of pro wrestling. He witnessed one member of the platoon smash into a detainee’s rib cage with a flying elbow drop. He related how one of his teammates bragged about breaking a detainee’s finger. Harper said he had witnessed his teammates abuse prisoners who were posing no threat 10 to 15 times. A lot of detainee testicles were getting twisted, according to Harper.
The Navy officer presiding over Legg’s Article 32 hearing found that Harper's testimony was not credible. Lieutenant Commander William L. Boland concluded that Harper could not have witnessed the “abuse” of Jamadi. Harper had claimed that he had witnessed Legg drop elbows and knees into Manadel al-Jamadi and twist his testicles in the back of a Humvee The testimony showed that Legg sat in the Humvee’s front passenger seat, not in the bed. What’s more, Harper usually rode in a different Humvee than Legg.
It looked to Boland that Harper had fed prosecutors a story to save his hide. Boland also took account of the fact that Harper had stolen a teammate’s body armor in Iraq and had a reputation for dishonesty and larceny. Harper failed to report any abuse until immediately after he learned he would lose his Trident. “It is likely that AN [Aviation Ordnanceman] Harper perjured himself during his testimony, and further investigation on this point should be conducted,” Boland concluded. “I recommend against proceeding on any charge based substantially on the testimony of AN Harper.”
The prosecution’s star witness, who had lodged the most serious allegations against his teammates, now stood accused of lying under oath.
After his Article 32 hearing, Lieutenant Legg had a tempestuous hearing before Joseph Maguire, the four-star admiral in charge of the Navy SEALs. Admiral Maguire grew increasingly frustrated with Legg as his criminal case went through the justice system. A police officer’s son, Legg had refused to talk to Navy criminal investigators. His civilian defense attorneys delayed hearings and took hours to examine every witness in exhausting detail.
Attorneys weren’t allowed in a mast hearing. Legg was on his own. As the hearing got underway, Legg stressed that his unit had received no training in interrogations or detainee handling.
“Well, I find it hard to believe that you, a Naval Academy graduate, smart as you are, you couldn’t have figured that out. You would have already known all that from your training at the Academy,” Admiral Maguire replied. Maguire still bore the faint traces of an accent from his native Brooklyn, where he grew up in a military family. He was a collegiate swimmer with chlorine-bleached, shoulder-length hair when he joined the Navy after graduating college in 1974.
“We didn’t receive any of that training at the Academy,” Legg replied. “And by the way, Sir, it’s your job to ensure that we’re provided with this training.”
Admiral Maguire was getting annoyed, but Legg continued arguing with him. Legg was accused, among other things, of beating Jamadi and failing to stop his men from doing the same. Maguire noted that Manadel Jamadi had been “beaten half to death” by the SEALs.
“You guys didn’t get the addendum to the autopsy,” Legg said.
“What addendum?”
Legg produced the June 2004 memo from the CIA Inspector General’s office. In it, Jerry Hodge, the doctor who had autopsied Jamadi, explained that the injuries Jamadi sustained were not enough to kill him. The suspension position in which Jamadi was placed for interrogation together with the hood over his head was “part and parcel” of the homicide. The CIA did it, in other words.
Maguire was stunned. He had never seen the memo before. He had bought into the narrative that Foxtrot platoon killed Jamadi so completely that he couldn’t assimilate this new information. “But…he died anyway,” he muttered.
Legg also continued to press the point about a lack of training. Foxtrot Platoon had received zero training in interrogations or detainee handling. It was your job to provide that training. You failed in that job, and now you’re trying to hold me responsible? The admiral wasn’t used to being challenged by a lowly lieutenant. He couldn’t hide his anger, but Legg kept pushing. He was purposely trying to get the admiral to lose his cool.
“Why are you getting angry?” Legg asked him. “Because I caught you being wrong?”
The temperature in the room really started to heat up. Legg said it was hard to swallow that Maguire was sitting there in judgment. Maguire was telling Legg how he should have done things on the battlefield.
“With all due respect, sir, I don’t see a combat action ribbon,” Legg said
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