Continued
“… In his book, “The War on Warriors,” which was published last year, Mr. Hegseth castigates military lawyers for imposing overly restrictive rules of engagement on frontline troops, which he argues repeatedly allowed the enemy to score battlefield victories.
Mr. Hegseth derisively refers to the lawyers in the book as “
jagoffs.”
… Mr. Hegseth’s account of this period in his book and his Senate testimony conflict with how battlefield rules of engagement were set during the wars. Senior officers in Iraq and Afghanistan, such as Gen. David H. Petraeus,
came to believe that civilian deaths were turning the local population against U.S. forces and feeding the enemy’s ranks. So these officers emphasized protecting civilian life even if it meant that U.S. troops might have to incur greater risk.
… Ultimately, the rules belonged to battlefield leaders and not their military lawyers. The axiom — “lawyers advise, and commanders decide” — is a core piece of every military lawyer’s education, current and former JAG officers said.
… During the president’s first term, Mr. Hegseth appealed to Mr. Trump to issue pardons for U.S. troops accused or convicted of war crimes or murder for their actions in Iraq and Afghanistan. In October 2019, Mr. Trump called Mr. Hegseth to tell him that he was pardoning two soldiers and a Navy SEAL whose causes Mr. Hegseth had
championed for months on his Fox television show.
… One of the pardoned soldiers was First Lt. Clint Lorance, who was turned in by his own troops after he ordered them to fire on unarmed Afghans over 100 yards away from his platoon, killing them. The soldier then radioed a false report claiming the bodies had been removed and couldn’t be searched for weapons.
The Army convicted Lieutenant Lorance of second-degree murder and other charges and sentenced him to 19 years in prison.
… Senior Army lawyers strongly disagreed with the decision to pardon Lieutenant Lorance, according to Pentagon officials.
Among those most upset by the presidential pardon were the troops who served under him and made the difficult decision to accuse him of war crimes and testify at trial. …”