Yee’s Lawyer Drafts Settlement Proposal
March 19, 2004
Lawyers for the Muslim Army chaplain accused of mishandling classified documents at Guantanamo Bay have proposed a settlement that would throw out the more serious charges and allow him to leave the Army with an honorable discharge.
Capt. James Yee, who had originally been assigned to the chaplain’s office at Fort Benning, was arrested Sept. 10 after flying home to visit his wife and daughter in Olympia, Wash. Military officials initially linked him to a possible espionage ring at Guantanamo, where he had been counseling al Qaeda and Taliban suspects.
He spent 76 days in custody. But the government failed to build a capital espionage case against him.
He is charged with mishandling classified material, failing to obey an order, making a false official statement, adultery and allegedly downloading pornography on his government laptop.
A military hearing on whether Yee will face a court-martial on those charges has been delayed six times while the government conducts a security review of documents in the case.
The proposed settlement calls for the Army to dismiss the more serious charges, while Yee would waive his right to be court-martialed on the accusations involving the pornography.
That would mean the government could still punish Yee on those charges through an Article 15 proceeding, the military’s method for dealing with minor infractions. The penalties would be minor, such as duty restriction or a temporary pay cut.
In addition, the Army would be able to administer lie-detector tests on Yee for up to 30 days “with respect to national security concerns.” Prosecutors would grant immunity to all statements Yee makes during the tests and a “national security debriefing,” according to the proposed settlement.
He could only be prosecuted if he gives a false statement or fails to cooperate. Questions asked by the Army and his answers would remain secret, according to the document. After completing the questioning, Yee would resign his commission and receive an honorable discharge and all military decorations to which he’s entitled.
The government would pay to move him and his family to a place of their choosing in the United States.
Petty Officer Christopher Sherwood, spokesman for U.S. Southern Command, which operates the island detention center, would say only that military officials are reviewing the proposed settlement.
“An offer has been made to the government on behalf of Chaplain Yee,” he said. “It is inappropriate for us to comment on the terms of that offer while we are still considering it.”
He declined to say whether the government has presented an offer.
Terms of the proposal for Yee were accidentally e-mailed last week to dozens of media outlets by one of Yee’s civilian lawyers. Minutes later, the lawyer, Eugene Fidell, sent another e-mail, urging recipients to “disregard and destroy the e-mail I sent a few moments ago. It was sent inadvertently.”
Some news organizations ignored the request.
Fidell said that he was aware that his proposal had been published and would have no further comment.
“Most people honored my request,” he said.
Michael Greenberger, a former deputy associate U.S. Attorney General for counter terrorism in the Clinton administration, said the Army has the authority to accept Fidell’s proposal and may decide to back off now to minimize its embarrassment.
“Frankly, this case seems to have been ill-founded from the start,” said Greenberger, now a professor at the University of Maryland. “I think it would not be surprising at all that the U.S. would want to cut their losses and accept Eugene Fidell’s offer.”
If convicted of all charges, Yee could face dismissal and a maximum of 14 years in prison.
Shaheed Nurridin, a friend of Yee’s who has tried to clear his name, said the settlement offer bolsters his hope that charges will be dropped.
“I have thought the Army was looking for a way to get out of this and save some face,” he said. “I think this gives them the opportunity to do that.”
— Elliott Minor
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