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Sunday, February 3, 2013

Supreme Court asks feds to explain sentence re:Lt Michael Behenna

OpEd: Jack
About time...Lt.Behenna should receive a full pardon and all rights returned with back pay and promotions due!
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by Bob Unruh 

Behenna32
The U.S. Supreme Court has asked the federal government to explain its punishment for a U.S. soldier convicted of shooting and killing a suspected terrorist who was attacking him.
The word comes from the parents of Army 1st Lt. Michael Behenna, Scott and Vicki Behenna, who have been raising awareness of their son’s case through the Defend Michael website.
Lower courts have concluded that since Michael Behenna was holding the terror suspect at gunpoint, he gave up the right to defend himself when the suspect allegedly lunged for his service weapon.
The suspect, Ali Mansur, was thought to be involved in a series of attacks on American troops. The judges determined Behenna was conducting an “unauthorized” interrogation when Mansur lunged for Behenna’s weapon and he fired.
Behenna, an Army Ranger, was given a 15-year sentence and now is in Fort Leavenworth.
Behenna’s parents told WND in an email that the Supreme Court, which has been asked to review the case, now is seeking a response from the government.

“The government had previously waived their right to respond. We knew Michael’s petition did not have a chance of moving forward in the Supreme Court without the court asking for the government’s position about Michael’s petition,” Scott Behenna wrote.
The new request “allows the court to fairly analyze the petition and requires the government to defend the military’s actions against Michael,” he said.
Behenna’s appeal brief to the high court argues soldiers have guns for a reason – to “maintain a tactical advantage, control and dangerous situation, or restrain potential enemies.”
Therefore, the petition states, soldiers should not be prevented from defending themselves if an enemy attacks. Read More:

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