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.”
“Objection sustained. Request granted. Strike the word.”
No more questions.
Once more counsel for the defense rose to his feet. “Lieutenant Commander Bedford,” said Commander Surprenant,
“I believe you have been a Navy SEAL for more than ten years and during that time have been decorated for valor twice.”
“Yessir.”
I also believe there is another decoration awaiting ratification, awarded to you for gallantry under fire in a very serious action in Fallujah?
“I believe that is correct, sir.”
Your character record as a Navy SEAL is unblemished. You are regarded among your superiors as an officer destined for the highest rank?
“I hope so, sir.”
And now you have been dragged before this court to explain why you happened to mow down an enemy that had just murdered, burned to death, twenty of your men, and may have been planning even more mayhem on that bridge, on that infamous day?
“Yessir.”
You believed they might still have been armed. You have dramatic experience in Iraq of false surrenders, which I have no doubt you realize is completely illegal under international rules of war?
“I certainly do, sir.”
And so, you attacked your enemy ruthlessly, in order to prevent further casualties to your own men? You were prepared to take no more risks with these people?
“Correct, sir. No more chances. They’d done enough goddamned damage for one day.”
Before we close this part of the proceedings, I would like to touch on just one more aspect of the attack, and that was the missile used against the SEAL convoys.
“Yessir. A highly dangerous missile.”
It’s what’s known as a tank buster, I understand?
“Yessir. But this was a kind of supersonic tank buster. Just rips through the fuselage like it was made of cardboard.”
You were familiar with it before May 29th?
“Yessir. They get it from Iran, and they’ve hit American vehicles quite a few times. One time they fired it at the Hitmen compound. Didn’t penetrate, but it made a darn big hole in the concrete.”
Is its penetration force the only thing that sets it apart?
“Nossir. What really sets it apart is that it burns everyone to death—anyone anywhere near the hit area.”
Lieutenant Commander, were these the banned Diamondhead missiles, the ones that burned alive the SEALs and Rangers on your mission?
“Yessir. No doubt in my mind.”
Thank you, Lieutenant Commander. No more questions.
Captain Dunning now addressed the defense. “Counselor,” he said, “is there anyone further you wish to call? This hearing is restricted to material witnesses only.”
“Just one more, sir. I call Gunner’s Mate Second Class Jack Thomas, who serves as Mack Bedford’s combat driver, armored vehicle.”
Jack Thomas stood and swore to tell the truth. In reply to Al Surprenant’s first question he said, in his rich Tennessee accent, “Sir, I served with Mack Bedford on three tours, one in Afghanistan, two in Iraq. If there’s a better officer in the United States armed forces, well I ain’t met him yet.”
Al smiled. “And what qualities have you seen in him that allows you to offer such high praise?”
“Sir, on that day at the bridge, it was all I could do to stop him rushing into that fire to save Charlie and Billy-Ray and Frank. They was burnin’ up, on fire in that real blue flame.”
Did you think this was unusual behavior?
“Nossir. Mack Bedford would do anything for his men. They’re his prime concern, at all times.”
Was he a good combat officer?
“The best. Fantastic marksman, stealthy, and as strong as a lion. The best swimmer on the base. Folks say Mack Bedford was more dangerous unarmed than most guys holding machine guns.”
You ever seen him in action?
“Yessir. In the mountains fighting al-Qaeda. Boy! He’s somethin’. And we all look up to him. Because when you fight with Mack, no matter who the enemy is, or how many of ’em, you’ve always got a real shot at comin’ home.”
Thank you, Jack. No more questions.
Captain Dunning addressed the courtroom and asked, formally, if either the prosecution or the defense wished to make any further statement. This would not be a full summary of the evidence, just a short summation of the case for both sides.
Harrison Parr declined, on the basis that he was quite certain the court had already made up its mind about the murder charges. Al Surprenant said he would like to make a short statement to the panel. Captain Dunning nodded his assent.
Mack Bedford’s attorney faced the five officers. “Gentlemen,” he said, “we have heard two incontrovertible pieces of evidence. First, the men who crossed the bridge were the same men who fired the missile. The defendant saw them before and after, and no one has dared to suggest he was incorrect. Second, an illegal Iraqi missile had destroyed four U.S. tanks and murdered twenty serving SEALs and Rangers, all burned to death. And all of this, beyond question.
“The subsequent measure of doubt against the surrender was so strong, the SEAL commander opened fire on them because they may well have been pulling one of their regular tricks, pretending to surrender. In his opinion, and in mine, they had done quite sufficient damage for one day.
“I therefore ask the court to find Lt. Cdr. Mackenzie Bedford not guilty on all charges. Thank you for listening to me.”
Captain Dunning stood up and called for a two-hour recess during which time everyone could have lunch. The court would reconvene at 1400 hours, when the verdicts would be announced.
The captain led the way out, followed by his four-man panel. Mack Bedford walked across to Commander Surprenant and offered his hand, stating quite simply, “Thank you, sir. No one could have done more.”
“We’re golden on the murder,” replied Al. “And I’ve crushed the Geneva Conventions. Our only problem is they may have been told to find you guilty of something. Just to placate the media and to protect the Middle East peace talks. I don’t think the navy is that corrupt, but the president is our C-in-C, and if he has nudged Defense, informing them his advisers do not want you exonerated completely, there may be trouble ahead.”
“Well, what have I done wrong?”
“Nothing. But I have to warn you—we are dealing with politicians, right here in the near background. They might just want some small, vague offense to be proven, and that way they can pension you off.”
“Pension me! You mean end my career?”
“Possibly. Honorable discharge with full pensions and rights. But nonetheless dismissed from the navy, perhaps for reckless conduct in the face of the enemy.”
“Jesus Christ—you mean they can throw me out just like that, with no appeal?”
“They can. But I also think no one wants to do that. Everything depends on the pressure that’s been put on the navy by the goddamned politicians. Because to those guys, the life and career of one single naval officer are nothing. They’ll go on about such a small sacrifice, perhaps to help bring peace to the entire Middle East.”
“Guess it’s only a small sacrifice if you’re one of them,” said Mack.
“Yeah. But not if you happen to be Lt. Cdr. Mackenzie Bedford, right?”
Captain Dunning and the other four panel members gathered in the anteroom behind the court. Sandwiches and mineral water were brought in, and two armed naval guards were on duty outside in the corridor. The atmosphere was very formal, and unaccountably tense. Not a smile passed between them as they silently weighed the evidence that could destroy the career and life of one of the most outstanding SEAL officers on the base.
“Gentlemen,” said Boomer, “I would like to deal first with the critical issue that dominates the murder charges. And that is the question of the surrender. Because plainly if it had just been a missile and gun battle across the river, then Mack would never have been charged.”
Everyone nodded agreement.
“However, we do have a very different set of circumstances here, and we are all well aware of them.” The captain read from his notes, and then from a file of papers in front of him. “The Geneva Conventions,” he said, �
��permit using deceptions, or ruses, to mislead the enemy. That much is definite whether or not we agree with Commander Surprenant about their relevance to this particular case. I, by the way, do agree with him. Nonetheless, Geneva specifically prohibits some deceptions. And, I quote, ‘Feigning surrender in order to lure the enemy into a trap’ is one of them. Maybe the most important. The gist of this convention is obvious. The ruse is strictly forbidden because it causes soldiers to suspect all surrendering combatants of using this subterfuge. And this can lead to horrifying results, the principal one being that soldiers, as a matter of course, may become unwilling to accept any prisoner, and much prefer to kill him right away.”
Diamondhead Page 8
