Military Court of Justice Failure

The case against First Lieutenant (1LT) Michael Behenna found him guilty of unpremeditated murder. He went through a General Court-Martial, which is the highest court of Military Justice, according to Article 118 of the Uniformed Code of Military Justice. Behanna was sentenced to 25 years confinement.

The appeals process appears to have been tainted. More about that later. He served almost five years before being released. Due to overwhelming support and questioning of the verdict, President Trump looked into the case. On May 6, 2019, the Press Secretary issued news of a Full Pardon.



What Happened With Behenna – The Facts

The situation took place in May 2008 in Iraq during an al-Qaeda offensive. Behenna and his platoon raided a specific house, based on actionable intelligence and time-sensitive data about a known target. They found Ali Mansur Mohamed, a known al-Qaeda operative. In his possession were a cache of ammunition, an RPK light machine gun, and a passport with Syrian visas. Behenna’s team secured the area and listed items found. They transported the now prisoner Mohamed to base camp where he was turned over to authorities of military intelligence for questioning.

Less than two weeks later, Ali Mansur Mohamed was released for “insufficient evidence” and turned back to 1LT Behenna with orders to return him to town as soon as possible. During the return trip, Behenna questioned Ali Mansur Mohamed about members of his terror cell and their financial backers. During the questioning, Ali Mansur Mohamed attacked 1LT Behenna with a chunk of concrete. In the struggle, he killed Ali Mansur Mohamed.

Evidence Not Presented

Behenna was placed in confinement for 25 years, as his case went through the appeals process. During his day in the appeal court, information critical to supporting 1LT Behenna’s self-defense in close combat with a known al-Qaeda operative was not transferred. Specifically, the prosecution’s forensic analyst, Dr. Herbert MacDonell, made statements to the defense that his analysis found the wounds corroborate his account of the shooting. It was self-defense.

Lacking this detailed report, the appeal was rejected in a 3–2 decision. When Dr. MacDonnell became aware of the error, he signed several motions for mistrial. The resultant action reduced 1LT Behenna’s sentence to 20 years. Further appeals by the family to the Army’s Clemency and Parole Board reduced his sentence to 15 years. Clemency was denied in December 2010.

Post-trial evidence of this series of events garnered attention from elected officials, US Attorneys, multiple State Attorney Generals, and law professors. They were asking the Secretary of the Army for a retrial. Former US Army 1LT Michael Brehenna served five years for his conviction. All reports show he was a model prisoner.

Presidential Pardon

On May 6, 2019, 1LT Michael Behenna received a Full Pardon from President Trump for actions taken against an enemy that occurred in Iraq in 2008. Justice is served.