Guilty Unless They Say So

In the down-side-up world of BushCo and Ashcroft, you are guilty until they say otherwise. Proof? Look no further than in the case of the former Muslim chaplain at Guantanamo's Camp X-ray, CPT James Yee.

Security at his re-entry point into the US was warned in advance to search him and his belongings carefully for unsecured classified documents. Something was found - supposedly - and CPT Yee was imprisoned for three months during the government's extensive investigation into the matter.

If there is one thing the government, and especially the military, take seriously, it's security. That doesn't mean they always do it well, but they do take it seriously. When I was still in the Army and had a Secret clearance, we had instruction yearly, I think, on ensuring the security of classified knowledge, papers and equipment. So I'm sure that the investigators looking into CPT Yee's transgressions were thorough.

So, was he tried on espionage charges? Was he tried on breach of security charges? No.

The government's case in Yee's court martial centered on charges of keeping pornography on his government issued computer and adultery.

Both of these are, indeed, infractions against the Uniform Code of Military Justice (UCMJ). However, the definition of pornography is pretty broad; my guess is that it could have been no worse than you could download from Webshots to use as the wallpaper for your desktop. I have no proof of that, but given the rest of the government's actions, it wouldn't surprise me. And as for the adultery charge:

Army officials said there had been about 60 cases of adultery prosecuted in the last two years, always as part of some larger set of criminal charges, like rape. The military, in guidelines to commanders, suggests that adultery is principally a problem when it affects discipline and order as in cases where it involves people who are in a subordinate-commander relationship.

The emphasis above is mine and, as you might guess, CPT Yee and the lieutenant with whom he had an affair were not in a subordinate-commander relationship.

So, why prosecute CPT Yee? Maybe this gives a clue:

The military does not contend that either of those offenses is related to any security breaches but that they were violations discovered in the course of the investigation. But Captain Yee's civilian defense lawyer, Eugene R. Fidell, has said the charges were added vindictively as part of an effort to cover up the military's mistake and overreaction.

If they want you to be guilty, you will be guilty. Of something.