Military Pulls Out Top Secret Card in Yee Case
December 5, 2003
The military postponed the Dec. 2 public hearing for Army Capt. James Yee, the Chinese American Muslim chaplain recently released from the Navy brig in Charleston, S.C.
The military had planned to start an Article 32, or military grand jury, hearing Dec. 2 , but postponed the procedure for “security reasons,” Yee’s lawyer said. The hearing was supposed to be open to the public to see if enough evidence existed to try Yee for two counts of mishandling classified information and two recently added charges of adultery and possession of pornography on his computer.
“The prosecution advises that the issue concerns a document it furnished to the defense and now believes contains classified information,” said Eugene Fidell, Yee’s civilian attorney. “We have no information at this moment as to when the hearing will now commence.”
Yee, also known as Yousef Yee, was first arrested Sept. 10 and incarcerated until last Thanksgiving week. Even his attorneys were caught off-guard about his release from the Navy brig.
Major Scott Sikes, Yee’s Army attorney, was seated at his desk at Fort Stewart, G.A. when he received a telephone call from probably the most unlikely person he would expect to get a call.
“The client actually called me from the Charleston Air Force Base, which is a short distance away from the brig,” Sikes recounted. “He said, ‘Sir, I’ve been released!’ And I had to do a double take. I said, ‘Jim, is this you?’ (chuckle) And indeed it was.”
The military defense attorney said the chaplain is encouraged but cautious by the turn of events.
Now free and awaiting trial at Fort Benning, G.A., Yee has even bought a copy of Jessica Lynch’s new book about her rescue from a hospital in Iraq. Prior to his release from maximum security, he was locked in chains and leg irons and was only allowed to read the Koran. The West Point grad is also comforted by easier access to his family. His brother Jason, also a West Point grad, is a reservist on active duty nearby.
“He’s very, very happy,” Sikes described his client. “Seventy-six days in pretrial confinement certainly have been trying. But he’s also mindful of the fact that despite his release, we still have some charges to deal with.”
Yee’s attorneys suspect that the White House and Thanksgiving had something to do with the chaplain’s release. However, the Defense Department denies this.
“Chaplain Yee was released from confinement the day after I wrote a letter to President Bush, asking for his release,” stated Fidell. No one has called me from the White House to thank me for the letter or to say that it had the desired result. All I can say is we sent it on day one and on day two my client was released from confinement.”
Fidell reiterates that persons who represent a “flight risk or a danger to others or themselves” are usually kept in maximum security and Yee’s incarceration was totally unnecessary.
`efense Department spokeperson Air Force Maj. Michael Shavers denies any White House pressure.
“The decision to release him obviously took a little time,” he said. “The fact the letter came on Monday and his decision to release him on Tuesday was simply coincidental.”
The military continues to argue it is correctly handling Yee’s case.
U.S. Southern Command (which oversees the Guantanamo Bay prison camp) civilian spokesperson Raul Duany says the military has simply presented the facts and not leaked any information to the media.
“There has been a lot of speculation and analysis from different unattributable sources about espionage and other things that we have never officially made public,” he said. “The information that we have made available are the charges that we know [about]. The facts have been released in a timely manner. And we will continue to do so in the process as the information becomes available.”
Outside legal experts, like Gary Solis, a retired U.S. Marine judge advocate and a Georgetown University law professor, believes the military has a weak case, especially with the new charges of adultery and pornography.
“Clearly, the military has the authority and the right to add these charges,” Solis said. “But there’s an air of vindictiveness about them. ‘All right, we were not able to get you for what we said we were gonna get you, but by god, we’re gonna get you for something. At least, what we can do is screw up your life.’ ”
Solis added, “I am a firm believer in military justice. That’s what I devoted my adult life to. And I’m disappointed that military justice has been used this way in this case.”
Many civil rights organizations are watching this case very closely. At least 15 of them have sent a letter to Defense Secretary Donald Rumsfeld asking for Yee’s release.
“What we’re asking for in this situation,” said Ted Wang of Chinese for Affirmative Action in San Francisco, “is not that Capt. Yee be treated any differently, but that he be treated in the same way as others who have been accused of this kind of action.”
Yee’s attorneys are asking for the public’s help in this cause. They’re urging supporters to write to congressional members who serve on the Armed Services Committee to watch over this case closely and to assist the Yee family with its legal costs.
Justice for New Americans, led by members of a group that once helped Dr. Wen Ho Lee, is kicking off such a fundraising effort Dec. 11, 7 p.m. to 9:00 p.m. at the Crown Plaza Hotel, 1221 Chess Drive, Foster City, Calif. For more information, e-mail www.jfna.org or call 510-537-2929.
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