Washington Bureau

Congressman Seeks Investigation of SOCOM General


Media General News Service
October 09 2007 | text size: small medium large
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WASHINGTON -- The No. 2 commander of U.S. special operations troops has stepped into the crosshairs of a North Carolina congressman, who wants an investigation of the general.

Rep. Walter B. Jones, R-N.C., requested last week that Defense Secretary Robert Gates order an investigation into Lt. Gen. Frank Kearney, deputy commander of Special Operations Command, based in Tampa, Fla.

The congressman is mad about Kearney's decision to punish troops involved in two incidents involving Army and Marine Corps special operations forces in Afghanistan.

In a telephone interview, Jones criticized public statements by Kearney about the Green Berets and Marines.

"This whole issue of what happened in Afghanistan has become a public display by the Army and Lt. Gen. Kearney," the congressman said.
"I think the benefit of the doubt should go to these service members," he added.

In one incident, Kearney ordered an Article 32 hearing, akin to a civilian grand jury, for two Army Special Forces soldiers - a captain and a master sergeant from Fort Bragg, N.C. - who were accused of premeditated murder in a sniper incident.

Before Kearney's order, two investigations were conducted. The first report suggested a crime had been committed, while the second cleared the soldiers.

Last week, after the Article 32 hearing another general declined to charge the soldiers. Afterwards, Kearney released a statement saying the Article 32 investigation resolved the conflicting findings.

In the other case, Kearney expelled a 120-man Marine Corps special operations unit from Afghanistan in March after a firefight following a car bomb attack. Afghan officials believe the Marine unit killed 19 civilians during the counterattack.

Soon afterwards while speaking with reporters, Kearney said there was no evidence that the Marines were under enemy fire when they killed the civilians. He said the Afghan reaction to the incident made it impossible for the Marine unit, based at Camp Lejeune, N.C., to continue operating in Afghanistan. The Marines were transferred to Iraq.

Jones suggested Kearney's actions caused improper influence of investigations of the incidents, which is prohibited by military law.

Acknowledging he has no direct evidence that Kearney improperly influenced the investigations, Jones said, "The process raises questions in my mind."
He added, "My gut is telling me something is wrong."

The congressman also complained about apologies from an Army colonel and so-called condolence payments made to families of civilians killed in the second incident.

Jones said the general and colonel should have waited until the Naval Criminal Investigative Service completed a full investigation. That report has not been approved by top Marine commanders yet.

"These two actions alone have damaged the lives of many of our special operators and deserve to be investigated," Jones wrote.

Now, he added, several of the Marines involved have decided to leave the service.

Efforts to reach the Marines' attorneys were unsuccessful.

The Special Operations Command had no comment about Jones' letter.

Even if Gates doesn't order an investigation, Kearney may not be out of the woods.

Jones is a senior member of the House Armed Services Committee and its oversight and investigations subcommittee. As deputy commander of special operations, Kearney is likely to appear before those panels and have to answer Jones' questions.
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