Abu Ghraib General Refuses to Incriminate Self
The Fifth Amendment to the US Constitution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Bold text added for emphasis.)
The act of "taking the fifth" is not a guilty plea. But in the fervent heat of prosecution and reporting, the authors and editors of the following article seem to forget one thing. Since when did pleading the fifth amendment mean that the pleader is therefore guilty?
From today's Washington Post:
Maj. Gen. Geoffrey D. Miller, a central figure in the U.S. detainee-abuse scandal, this week invoked his right not to incriminate himself in court-martial proceedings against two soldiers accused of using dogs to intimidate captives at the Abu Ghraib prison in Iraq, according to lawyers involved in the case.
The move by Miller -- who once supervised the U.S. detention facility at Guantanamo Bay, Cuba, and helped set up operations at Abu Ghraib -- is the first time the general has given an indication that he might have information that could implicate him in wrongdoing, according to military lawyers. (Bold text added for emphasis.)
The Abu Ghraib scandal was a horrible event. I am by no means trying to excuse any of the human rights abuses that were committed and, even more stupidly, recorded for all the world to see.
But, as far as this reporter, and apparently the Washington Post (who edits and thereby takes responsibility for his material before publication) are concerned, it's beyond innocence or self-incrimination in this matter. It's not about the General's rights as an individual at all. It's about getting a story. And it's about witch hunting. And it's about pillorying an individual without a court-martial, due process or even the discovery of evidence regarding his alleged offenses.
Apparently all he has to do is invoke his fifth amendment rights and he's already guilty.
Case closed.