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Marjorie Cohn

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No Justice for Haditha Massacre

Posted: 02/ 2/2012 12:13 pm

They ranged from little babies to adult males and females.
I'll never be able to get that out of my head. I can still smell the blood.
This left something in my head and heart.
-Lance Cpl. Roel Ryan Briones

Last week, Staff Sgt. Frank Wuterich was sentenced to a reduction in rank but no jail time for leading his squad in a rampage known as "the Haditha Massacre." Wuterich, who was charged with nine counts of manslaughter, pled guilty to dereliction of duty. Six other Marines have had their charges dismissed and another was acquitted for his part in the massacre.

What was the Haditha Massacre? On November 19, 2005, U.S. Marines from Kilo Company, Third Battalion, First Marine Division killed 24 unarmed civilians in Haditha, Iraq, execution-style, in a three to five hour rampage. One victim was a 76-year-old amputee in a wheelchair holding a Koran. A mother and child bent over as if in prayer were also among the fallen. "I pretended that I was dead when my brother's body fell on me and he was bleeding like a faucet," said Safa Younis Salim, a 13-year-old girl who survived by faking her death. Other victims included six children ranging in age from 1 to 14. Citing doctors at Haditha's hospital, The Washington Post reported, "Most of the shots ... were fired at such close range that they went through the bodies of the family members and plowed into walls or the floor."

The executions of 24 unarmed civilians were apparent retaliation for the death of Lance Cpl. Miguel Terrazas when a small Marine convoy hit a roadside bomb earlier that day. A statement issued by a U.S. Marine Corps spokesman the next day claimed: "A US Marine and 15 civilians were killed yesterday from the blast of a roadside bomb in Haditha. Immediately following the bombing, gunmen attacked the convoy with small-arms fire. Iraqi army soldiers and Marines returned fire, killing eight insurgents and wounding another." A subsequent Marine version of the events said the victims were killed inadvertently in a running gun battle with insurgents.

Both of these stories were false, and the Marines knew it. They were blatant attempts to cover up the atrocity, disguised as "collateral damage." Congressman John Murtha, a former Marine, was briefed on the Haditha investigation by Marine Corps Commandant Michael Hagee. Murtha said, "The reports I have from the highest level: No firing at all. No interaction. No military action at all in this particular incident. It was an explosive device, which killed a Marine. From then on, it was purely shooting people." Marine Corps officials told Murtha that troops shot a woman "in cold blood" as she was bending over her child begging for mercy. Women and children were in their nightclothes when they were killed.

The Haditha Massacre did not become public until Time magazine ran a story in March 2006. Time had turned over the results of its investigation, including a videotape, to the U.S. military in January. Only then did the military launch an investigation. These Marines "suffered a total breakdown in morality and leadership, with tragic results," a U.S. official told the Los Angeles Times.

Murtha said, "Our troops overreacted because of the pressure on them, and they killed innocent civilians in cold blood." Many of our troops suffer from post-traumatic stress disorder, or PTSD. Lance Cpl. Roel Ryan Briones, a Marine in Kilo Company, did not participate in the Haditha Massacre. T.J. Terrazas was his best friend. Briones, who was 20 years old at the time, saw Terrazas after he was killed. "He had a giant hole in his chin. His eyes were rolled back up in his skull," Briones said of his buddy. "A lot of people were mad," Briones said. "Everyone had just a [terrible] feeling about what had happened to T.J."

After the massacre, Briones was ordered to take photographs of the victims and help carry their bodies out of their homes. He is still haunted by what he had to do that day. Briones picked up a young girl who was shot in the head. "I held her out like this," he said, extending his arms, "but her head was bobbing up and down and the insides fell on my legs." "I used to be one of those Marines who said that post-traumatic stress is a bunch of bull," said Briones, who has gotten into serious trouble since he returned home. "But all this stuff that keeps going through my head is eating me up. I need immediate help."

Murtha told ABC there was "no question" the U.S. military tried to "cover up" the Haditha incident, which Murtha called "worse than Abu Ghraib." His high-level briefings indicated to him that the cover-up went "right up the chain of command."

The Bush administration set rules of engagement that resulted in the willful killing and indiscriminate slaughter of civilians. In particular, U.S. troops in Iraq operated in "free-fire zones," with orders to shoot everything that moves. Attacks in civilian areas resulted in massive civilian casualties, which the Bush administration casually called "collateral damage."

Like other grave breaches of the Geneva Conventions, these acts of summary execution and willful killing are punishable under the U.S. War Crimes Act. Commanders have a responsibility to make sure civilians are not indiscriminately harmed and that prisoners are not summarily executed. Because rules of engagement are set at the top of the command chain, criminal liability extends beyond the perpetrator under the doctrine of command responsibility. George W. Bush, Dick Cheney, and Donald Rumsfeld should be charged with war crimes.

A few days after the story of the Haditha Massacre became public, U.S. forces killed eleven civilians after rounding them up in a room in a house in Ishaqi near Balad, Iraq, handcuffing and shooting them. The victims ranged from a 75-year-old woman to a six-month-old child, and included three-year-olds and five-year-olds and three other women as well. A report by the U.S. military found no wrongdoing by the US soldiers.

Allegations that U.S. troops have engaged in summary executions and willful killing in Iraq have also emerged from other Iraqi cities, including Qaim, Abu Ghraib, Taal Al Jal, Mukaradeeb, Mahmudiya, Hamdaniyah, Samarra, and Salahuddin. There are similar accusations stemming from incidents in Afghanistan as well.

Many people in Iraq are outraged as the legal books close on the Haditha Massacre. They are also perturbed at the U.S. drones flying over Iraqi skies in Baghdad to protect the largest US embassy in the world that, even after the United States "pulled out" of Iraq, still houses 11,000 Americans protected by 5,000 mercenaries. "Our sky is our sky, not the U.S.A.'s sky," Adnan al-Asadi, acting Iraqi interior minister, said. The U.S. military left Iraq because the Iraqis refused to grant U.S. soldiers immunity for crimes like those at the Haditha Massacre.

The 24 Haditha victims are buried in a cemetery called Martyrs' Graveyard. Graffiti on the deserted house of one of the families reads, "Democracy assassinated the family that was here."

Marjorie Cohn, a professor at Thomas Jefferson School of Law, is former president of the National Lawyers Guild. She is author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law" and co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent." Her most recent book is "The United States and Torture: Interrogation, Incarceration, and Abuse." Read her blog.

 
They ranged from little babies to adult males and females. I'll never be able to get that out of my head. I can still smell the blood. This left something in my head and heart. -Lance Cpl...
They ranged from little babies to adult males and females. I'll never be able to get that out of my head. I can still smell the blood. This left something in my head and heart. -Lance Cpl...
 
 
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HUFFPOST SUPER USER
richodg5
01:36 PM on 02/03/2012
I read this and I think of those folks in the Twin Towers and this article becomes a big nothing to me. War is hell and s--t happens.
HUFFPOST SUPER USER
Annoula
Enough about me!
06:14 PM on 02/03/2012
In other words, you consider that the lives of "those folks in the Twin Towers" were more valuable than all the innocent lives lost in Iraq, Afghanistan, etc. because the former were a result of a "terrorist attack" while the latter can be shrugged off because "war is hell and sh-t happens"?
HUFFPOST SUPER USER
richodg5
02:32 AM on 02/04/2012
Do you really want to know what I think. I think loss of life sucks no matter the situation. If this is a war crime then yes prosecute them to the fullest.. I think the value of human life means nothing. People have evolved to a point to where a little death is tolerable. As for any death of children it is a sin against the god of your choice. I think it is a shame that our children, old, and familys just trying to eek out an existance in this crappie world get caught up in the middle of situations that they probably don't really care about is deplorable. I wish we could all get along and there would be no strife amongst all peoples of the world. Here is the kicker Man and women are born to violence and know no better. On the evolutionary scale we are just out of the caves and thats the way we will be until a time when civility is the norm. If we can make it till this time. So thats what I really think.
10:22 AM on 02/03/2012
Ms. Cohn, your outrage is selective to say the least. You have no concerns about the Batthist terrorists who dressed as civilians murdered thousands of Iraqis and Americans. You have no comment about the Al Queda terrorists funded by Syria, Iran, and Saudi Arabia who dressed as civilians killed thousands in restaurants, at government buildings, and in markets. Now those were the real "massacres" and you have not commented.
HUFFPOST SUPER USER
Annoula
Enough about me!
11:14 AM on 02/03/2012
How can you be so sure Ms. Cohn has no other concerns?????
FYI: this post is about the Haditha massacres, the handling of the incident itself and also about impact of war crimes that go unpunished on public opinion.
Your bringing up those "other massacres" does not provide any justification or excuse the perpetrators in any way.
It looks like your own judgement is not only "selective, to say the least" but also terribly biased....
04:31 PM on 02/03/2012
OK, you are right. If you can send me a link to where Ms. Cohn has express any concern for our brave troops or Iraqi citizens who were murdered in the thousands by Iranian, Syrian, Batthist backed terrorists, I will publicly apologize for my assumptions about her. I have just seen so many critics who freely criticize our troops fail to even mention the good purposes they were there for or mention the atrocities committed by the other side. But again, if Ms. Cohn did that, I will apologize.
02:34 PM on 02/03/2012
What the "other side" does has no relevance to whether our own soldiers, over whom we supposedly exercise control, have committed war crimes. As I have already said, Haditha is no different than My Lai.
04:33 PM on 02/03/2012
It has huge relevance. When one side fails to adhere to the rules of war causing genocide, it is relevant. When the Palestinians launch rockets into Israel from schools, mosques, and hospitals purposly using their people as human shields, it is critical that we point that out when civilians are killed by defensive actions taken by Israel. Same here.
05:32 AM on 02/03/2012
They killed babies hidden in cabinets and children hidden under beds..and they will talk to St. Peter about this someday..Now as soon as taliban can they will do the same to american soldiers..Back and forth, back and forth just to make a select few who I have heard sell arms to both sides, laugh all the way to bank..Unending war is the goal unless we stop this madness...Elect grown ups .........
07:19 AM on 02/03/2012
And you will be held accountable for the blasphamous lies you have posted here.
HUFFPOST SUPER USER
Annoula
Enough about me!
07:36 PM on 02/03/2012
Where are the blasphamous [sic] lies????
You can't just declare them as lies just because they make YOU uncomfortable or don't fit your agenda!
HUFFPOST SUPER USER
Annoula
Enough about me!
11:16 AM on 02/03/2012
­"Elect grown ups ......... "
In other words, don't vote Republican?
I agree!
04:55 PM on 02/03/2012
I don't think someone who would write such a childish comment should be writing anything about grown ups. It's obvious that you have no idea what being grown up entails.
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05:20 AM on 02/03/2012
That's what they get when they let their "freedom fighters" go around in civilian clothes. Nobody says a peep about that. Violation of that basic Law of War is probably responsible for more civilian casualties than any other.

I wonder why is it that Ms. Cohn and EVERY other "expert" on Human Rights refuses to hold these militants, especially the islamic variety, accountable for their violations. Does Ms. Cohn feel that these people have some inborn mental or moral deficiency so that they are incapable of obeying a simple law like wearing a uniform? It's racist, if you ask me.
05:34 AM on 02/03/2012
Another idiotic statement.
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proscanusa
res ipsa loquitur
09:15 AM on 02/03/2012
Hey Gakabani [sic]
Why is that all of you liberals resort to personal insults every time a wise observation is presented?

Come on now. Bastidge makes a good point, why not try to respond to it more truthfully...
03:56 PM on 02/03/2012
Do you mean to tell us that the soldiers thought these children and babies were soldiers because the insurgents don't wear uniforms?
02:32 AM on 02/03/2012
Marjorie Cohn huh? When do you write about the Fogel family atrocity committed by unrepentant Arabs in Itamar Israel where 3 mos. old girl's throat was slit along with her two young brothers' throats slit and mom and dad throats slit.
03:12 AM on 02/03/2012
So what is your point? Are you saying that the lives of the innocent in Iraq are not worth an article? Get your act together and stop making wrong and idiotic analogies, crimes are committed everywhere and all crimes need to be exposed.
03:13 AM on 02/03/2012
Does that make killing 24 civilians who had nothing to with (and probably no knowledge of) that incident ok? If someone murdered my sister do I go and find some random person and get even?
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
09:48 AM on 02/03/2012
"Does that make killing 24 civilians who had nothing to with (and probably no knowledge of) that incident ok? If someone murdered my sister do I go and find some random person and get even? "

Yes.

Well at least, that's his argument...
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Vyslichajici
private american citizen
10:08 PM on 02/02/2012
it is unbelievable, and it makes me ashamed to be an american.
support the troops? no.
i am a conscientious objector, and the wars in iraq and afpak are immoral and unjust.
fighting for our freedom? no. fighting to keep western banks in control of the global economy.
that is not the same thing. i do not support the wars, and i do not support any soldier who fights in them. america desperately needs to return to the rules of the geneva convention.
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
01:48 AM on 02/03/2012
Thing is, Rummy was SecDef under Ford. He refused to prosecute war crimes after the war in Vietnam ended. Why should he have done any different when he was SecDef in Iraq? The fish rots at the head.

We don't know anything of how bad the US acted in Iraq thanks to embedded journalists. One of these days the truth is going to come out and its not going to be pretty.
HUFFPOST SUPER USER
Annoula
Enough about me!
11:26 AM on 02/03/2012
"We don't know anything of how bad the US acted in Iraq thanks to embedded journalist­s.'

Well...I beg to differ. Despite all the attempts to cover up and sanitize the wars, we already know a few things, like Abu Ghraib, and Haditha, and Youssefiya...and also how much US troops enjoy urinating on dead Afghanis!!
That's more than enough for the world to form an opinion about the US military, don't you think?
And that's the truly NOT PRETTY part!
01:58 AM on 02/03/2012
True story...

I was in Iraq during the earlier stages of the war, 2004-2005. While touring one of the former government's facilities, I came across two Iraqi policmen burning a box full of old documents. I noticed that each page had a picture on it, so I asked the IP what they were, as I don't speak or read Arabic. He showed me passports...men, women and children. Hundreds of them. I sorta knew the answer, but I asked anyway, why these documents were there. His response? These are people that Saddan made "disappear" Men, women...children.

Another true story...

My FOB abutted a sizeable palace in central Baghdad that was rather garishly decorated - think 70's porn studio. Always eager for knowledge, I asked one of the locals what the place was used for. It was one of Uday's "love shacks" where he would bring whichever woman caught his eye that day whether she wanted to go or not. Then he introduced me to the lions. Onr big male, two adult females and a few yearlings whose manes were just starting to grow in. Guess what happened to some of the women if they displeased Saddam's elder son?

We can debate the justifications and legal wranglings of the war all day long, but immoral? Never.

Support me or not...I don't care. My conscience is clear.
03:11 AM on 02/03/2012
Well as far as I am aware no one is questioning you conscience. They people who are being questioned are those who either committed acts of war crimes or allowed them to occur.

Was the Saddam regime good? Of course not and no one would dispute that. But does that excuse what has now come to light? Does it excuse an estimated Iraqi civilian death toll of 1,000,000? There are responsibilites as a soldier and as a commander. Sadly these were ignored in Iraq.
07:52 AM on 02/03/2012
Absolutely correct. Unfortunately, U.S. media always fail to mention that Sadaam Hussein was an ally of the U.S., and received billions of dollars in military equipment, and was supported by the U.S. during his war against Iran.

If Sadaam Hussein, like other U.S. supported puppet dictators, became someone the U.S. didn't like, it must not be forgotten that it was the U.S. who made him what he was.

Do not forget the photo of that nice pair of pals, Rumsfeld shaking hands with Sadaam Hussein.
09:31 PM on 02/02/2012
There is a significant difference between committing a crime and being able to prove someone committed a crime. Did the military do ballistics testing on the marines' weapons? Was there an autopsy done on the bodies? Were there any casings recovered from the scene? If the military launched an investigation so late, there may simply have been insufficient evidence to convict.
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
01:49 AM on 02/03/2012
BS there was a plea deal and it was swept under the rug. Happens a lot in DoD when they want to get rid of bad publicity.
02:58 AM on 02/03/2012
I get what you're saying, but generally speaking Islamic tradition prohibits autopsies, if I recall the dead must be buried by sundown of the following day. Ballistics wouldn't help much, as the Marines involved claimed it was a firefight and the victims were caught in the crossfire. If anything, pulling some 7.62 rounds from the victims would have helped corroborate the Marines' version of events.
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09:15 PM on 02/02/2012
Haditha is My Lai without a conscience, aka, a people who care. 58,000 Americans died in Vietnam less than 2,000 in Afghanistan, so far. 2 million Vietnamese died during "the American War". Hundreds of thousands of Afghans have died due to the American intervention since 9/11.

Wars that aren't yours are jobs you don't like. They suck but you go home because it's not your war. America wounds its heroes and destroys its enemies.

All Americans who know nothing about the lands we casually devastate are guilty.
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HUFFPOST SUPER USER
see-ellen2001
09:01 PM on 02/02/2012
It's time we stop perpetuating the 'noble soldier' myth. Soldiers are human beings, not some demi-god down from their cloud to save the world. If these barbarians get away with this then one more strip pulled off the US's global credibility.
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HUFFPOST SUPER USER
AkiraBergman
10:06 PM on 02/02/2012
I despise anyone who accepts orders without questions.

I despise the ones who get paid in return even more.
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
01:51 AM on 02/03/2012
There are legal and illegal orders. You are not to obey an illegal order. Of course it takes brass balls to do it. You'll be up for a court martial to prove your innocence.

Been there done that. I was right.
08:51 PM on 02/02/2012
Just wait until our necon friends push us into a war with Iran. We can then look forward having as many friends in the Mideast as our good friend Israel has (we are now tie, at zero friends each). If you enjoy the international game of "How to Lose Friends and Alienate People" be sure to vote for either the Coke or the Pepsi candidate -- but whatever you do, don't vote for Ron Paul.
HUFFPOST SUPER USER
wbearl
Retired Manager Mechanical Operations
08:20 PM on 02/02/2012
I won't pass judgment on these Marines. It is unfortunate but these things happen in all wars. In Vietnam we had the Mili Incident. The slaughter in Germany of civilians during WW2 was mind boggling. Until you've been there, experienced war. and death first hand, I'm not sure anyone has the right to pass judgement. Is it wrong, most certainly. Yet how do you judge someone who watched their friends killed by women strapped with explosives or kids handing you a live grenade? How do you tell a GI that a village is hiding or protecting people that killed a guy he has served with for months and not expect him to react? You give an 18 year old a gun and send them to a killing ground where they experience horrors most people only see in movies and you expect them to behave as if they are in Pleasantville USA. You are asking much.
11:20 PM on 02/02/2012
You tell him to shoot anything that moves and then YOU accept accountability for that decision when it goes wrong and you have violated the Geneva Convention. Leadership has privilege but it also has responsibility. Where was the conservative principle of accepting responsibility when Bush/Cheney/Rumsfeld gave these orders?
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
01:52 AM on 02/03/2012
Actually shooting everything that moves is not Marine Corps doctrine. They are riflemen first and foremost. That means know your target and take it out. None of the spray and pray that the Taliban and a lot of others do. Like the US Army....
HUFFPOST SUPER USER
wbearl
Retired Manager Mechanical Operations
08:39 AM on 02/03/2012
The Geneva Convention is a piece of paper, written by people in a nice clean quiet place. No where on it will you find a signature from a Muslim Country, let alone terrorists or gorillas.

No US Military Organization sends troops out with "shoot anything that moves" orders. But when you are being shot at and being shot at over a long period of time your survival instincts take over.

I'm sorry to tell you this but Bush, Cheney and Rumsfeld didn't issue any orders to the troops on the ground, that is a Generals job. As for whose fault the war is, there were a lot of Saintly Democrats, like Hillary Clinton, who signed off on it.
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HUFFPOST SUPER USER
Silverfern
11:39 PM on 02/02/2012
You are expecting too little. Their are soldiers that exhibit and those that exhibit cruelty. This behavior was not the norm and should be punished. America adds more shame to itself by letting these criminals walk.
HUFFPOST SUPER USER
wbearl
Retired Manager Mechanical Operations
08:28 AM on 02/03/2012
Everyone of us, even you, have the ability to kill. The only difference is how we kill and when, and these are thing that none of knows about our selves till we have to do it. Over time we change, again each of us changes differently. How many friends have to die before you snap? How many people do you have to kill, till you don't care? The military can't give an 18 year old a gun and say go play nice. The military does try and monitor their people looking for people who are on the edge, ready to snap, but some times it happens so fast no one catches it. Fear and anger are contagious , but like all things contagious every person surcomes to it differently. You get a Sergeant with too many tours behind him, too many dog tags and any body bags. He is leading scared young people, who have seen friends killed,and in any war you have a recipe for disaster. As the old saying goes, "Don't judge till you have walked a mile in their shoes".
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HUFFPOST SUPER USER
Freddie27
Liberal Gay Jewish Atheist
04:16 PM on 02/02/2012
This is why war should only be the last resort. Expect more of these stories if President Mittens invades Iran.
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
01:59 AM on 02/03/2012
Expect more of these stories if there is no culpability to the people who committed war crimes. And that means not just the poor GDI who did it, but up the chain of command. Its a lack of discipline and a lack of command authority. Start prosecuting O-3s, O-4s and O-5s for this and you'll see them stop real quick.
04:11 PM on 02/02/2012
Sadly, it is mostly the American public who do not learn the truth about what the military did in Iraq (or any other war zone for that matter). The people who live there are fully aware of the killings and our reputation suffers. It is also sad that the American public isn't even interested enough to at least bear witness to the killings.
HUFFPOST SUPER USER
Annoula
Enough about me!
09:22 PM on 02/02/2012
That's right!
And then we wonder why they hate us...?????
And we were so surprised and indignant when we saw people in the Middle East celebrating September 11!
How many September 11s have THEY gone through, courtesy of the US?????
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healthanalyst
Banned from commenting, so?
02:00 AM on 02/03/2012
The foreign press covers this more than the US press does. But the stories are ignored over here. From photos to video to just old fashioned written journalism. Arab media is really providing more than the US media is. And that is not helping the US one bit.
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OneTop
Uh, is that a beer hall?
04:11 PM on 02/02/2012
It should surprise no one any more.

America has political leaders who openly celebrate State sponsored terror and murder. re the case Ahmadi-Roshan

The military refer to targeted drone hits as bugsplat on screens, regardless of the fact that those humans were only guilty of an accident of birth.

Marines proud to have their pictures taken desecrating corpses and abusing prisoners.

A President and administration that openly sanctioned torture (a war crime) as a matter of national policy. Who later went on to write a book, boast about it and profit handsomely from doing so.

America's political leaders, chattering class as well as many others have a sanctimonious self-assessed moral superiority vis a vis the rest of the world and in particular the non western parts of the world.

The media commentators are completely ignorant of the rest of the world never questioning the deaths of others. After all those killings had to be "justified" since those who died were non-Americans. You will find many articles praising the withdrawal of troops from Iraq, lamenting the US casualties, but never as much as a line about the millions of Iraqi casualties, not one. Members of Congress have even floated the idea that Iraq should reimburse the US for destroying their country.

Americans didn't care an iota that US bombs killed 2-3 million Vietnamese civilians and unknown others in Laos and Cambodia.

Nothing but the calendar has changed.
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
02:03 AM on 02/03/2012
I find it interesting that the Bradley Manning trial has been so long in coming. Its either you don't have a case which is obviously wrong. Or the defense is going to start going through what was released. And its going to be an internationally covered trial. the whole world will be watching as they said in the 60s.