For most of my military career, the United States followed the rule of law and resisted legal shortcuts that ran counter to our country’s long-standing principles. We didn’t beat or humiliate helpless prisoners. We didn’t lock up alleged criminals and throw away the keys. We didn’t let fear change who we are and what we believe. Then came Guantanamo. Political expediency replaced due process, and America started down a slippery slope of doing what is easy and politically popular rather than what is right.
I remember my early days in the military like they were yesterday. Two weeks after high school graduation, I talked my mother into signing the papers that allowed me to enter the Army at the young age of seventeen. Soon I was off to basic training at Fort Benning in Georgia during the height of the Cold War in 1984.
While in basic training, the U.S. Army instilled in us a set of principles and then promptly sought to test our resolve. We were told that it was routine for the Soviets to detain citizens of other nations without trials. The Army even had a fake Russian officer stand on a stage and attempt to rattle us young recruits by telling us that our weakness and sense of morality would lead to our demise.
Along with the other young basic trainees, I shouted down the Russian imposter and I remember leaving with a sense of triumph. I thought to myself, "I am an American damn it! Even the worst people get a fair shake." As President Dwight D. Eisenhower said in 1956 and the Soviet Union realized in 1991, "America is strong because we believe in the dignity of man."
Today however, I am deeply concerned that our country’s greatest legacy of strengths – our sense of justice and dignity of man – are eroding. Redefining torture to allow for harsher treatment of suspects and detaining prisoners indefinitely represent a total abandonment of our principles. Remember we have released over 500 detainees the government was unable to establish anything at all against.
Throughout our country’s history, we have prevailed time and time again over the most infamous and tyrannical of individuals – no matter the enemy, their strategy or tactics. During my more than two and a half decades in the U.S. military, I have witnessed firsthand the positive impact our country has had around the world.
As a young infantryman assigned to West Germany in the mid-1980s, I helped protect people from being placed in jail and beaten at the hands of the Soviets. I remember an old German man thanking me as an American not only for allowing his country to return to democracy, but also for harnessing the Soviet Union and its blind efforts at world domination. My thoughts reverted back to the faux-Russian officer in basic training attempting to ridicule me, my sense of morality and my pride in our country.
In Bosnia, I investigated crimes committed during and after the Bosnian war. Again, I was thanked by civilians for helping put a stop to the insane idea that a person’s religion is indicative of his or her worthiness to inhabit the earth. I remember a Bosnian Serb official telling me, "You Americans act so damned principled, what do you know." For a moment, I was again reminded of that assembly at Fort Benning and I felt a sense of triumph.
While serving in Iraq, a newly appointed Iraqi governmental official told me that, if America were going to succeed here, it’s time to pick sides. He then presented me with a list of names in Arabic. The implication was obvious – he wanted me to prosecute some political opponents. At the time, I laughed off the suggestion and never even had the list of names translated. We’re Americans; we do not use legal powers for political purposes.
In 2004 I heard that the U.S. military was involved with abusing prisoners at Abu Ghraib. My first thought was, "Oh, I bet these soldiers will be prosecuted to the fullest extend under the law." I was outraged when I actually saw the photos and wondered how American soldiers could inflict such harm on helpless and handcuffed prisoners. We are trained yearly on the Geneva Conventions; we in the military know better. In retrospect, the country had already veered dangerously off course, and I hadn’t fully realized it yet.
Then came my assignment to defend Fayiz al-Kandari, a Kuwaiti who has been locked away in Guantanamo Bay for the past eight years. Initially, I was skeptical of my client and his claims of severe abuse and broken bones at the hands of my fellow service members. I remember thinking, "How bad could it be?" That was until one day when he insisted on showing me the multiple, large, horizontal scars that spanned the entire length of his back.
Still unconvinced that he had been beaten, I decided to obtain his medical records only to discover that many were missing during the timeframe Fayiz claims he was beaten. Meanwhile, the records I was able to review were severely redacted and hard to read. It was then that I realized Fayiz had been treated in outrageous ways. I really don’t care if you refer to the treatment as "enhanced interrogation" or "torture," the fact remains that beating a handcuffed prisoner and shackling him in a fetal position for more than an entire day is both wrong and illegal by my estimation, period.
When it comes to Guantanamo, I’m still waiting for that Fort Benning sense of triumph. Unfortunately, it doesn’t seem forthcoming. Rather than following our country’s long-standing principles, today we are moved by fear and abide by the very worst policies and practices – indefinite detention, military commissions, secret prisons, and abusive interrogations. While these may be convenient in the short-term, the lingering and detrimental effects on our country will be felt for decades to come.
We in the military do not – and have never – supported harsh interrogations. We understand that we lose more than we gain if barbarity becomes the guiding force behind our military efforts. Ironically, I find that those who support torture and indefinite detentions tend to be amazingly light in military service. Meanwhile, those who oppose these un-American policies and practices are serving side-by-side with me and also fill the ranks of my senior leadership. As senior officers we must do a better job at making our voices heard to the world and, more importantly, the young members we lead.
Lt. Col. Barry Wingard is the U.S. military attorney for Kuwaiti detainee Fayiz Al Kandari, who still awaits his day court more than eight years after he was sold into US custody. The views presented are those of the author and do not necessarily represent the views of the United States Department of Defense or its components.



39 Comments







Thank you for this post and thank you for taking the case and defending Fayiz Al Kandari. There is a greater good on trial here. Good luck to you.
Thanks for this post Barry. Keep on keeping on – we need more people like you!
Thank you Colonel for your efforts and the diary but this says it all: “The views presented are those of the author and do not necessarily represent the views of the United States Department of Defense or its components.”.
And they damn well should.
most ardently recommended.
Thank you for posting here. Please consider doing so again in future and keep us informed of your work and of your views, as much as you can anyway. It really is appreciated.
Barry –
Simple question: If it comes to the point of deploying the 1st Brigade Combat Team of the Army’s 3rd Infantry Division to quell mass demonstrations against our current government of the corporate elite, do you think the rank-and-file troops will fire lethal weapons at their fellow citizens? (Assuming they aren’t fired upon first by some moron Tea Party wingnut.)
Many in this country fancy themselves as ‘Hard-bitten Realists’ who believe that we live in a dangerous world and that facts must be faced. These facts include the regrettable but necessary measures that must be applied to our enemies in order to keep America safe. We have to be tough. We have to be ruthless because our enemies are ruthless. To hold on to naive ideals about justice and fairness when dealing with terrorists is to threaten our very existence as a country. In short, everything that this country stood for before 9/11 must be reevaluated because to do otherwise is a losing proposition in a world that has changed too much for the old way of doing things to be effective. No more Mr. Niceguy. In order to defeat the enemy we must become just like the enemy. If America is to survive it must become something other than it has been. We must destroy America in order to save it.
When Cheney went on TV and said we must cross over to the dark side in order to win he unleashed a contagion.
He has to be prosecuted.
I’m willing to settle for a full reversal of all Fascist policies, methods and procedures, Military and Domestic, starting with repeal of the Patriot Act.
and this AF vet sends his Thanks to the Colonel
Thank you Lt. Col. Barry Wingard. And I agree, so many core American values have been and still are being trampled on.
Rule of law is not being enforce. Torture, assasination, preventive detention as well as a complete lack of investigation of our countries banking problems.
Americans believe in work, not hand outs. The opportunity to earn an honest living by working is being denied to many millions of Americans. A political and financial system which chooses not to provide the opportunity of full employment is un-American.
And Americans don’t believe in kicking a man when he’s down. We should not be forclosing on many millions of American citizens homes at a time when there clearly is no work available for them to support themselves and thier families.
Thanks for the sanity.
“… I am deeply concerned that our country’s greatest legacy of strengths – our sense of justice and dignity of man – are eroding.”
Me too. Sadly, I think we belong to a minority getting smaller by the day.
Lt. Col. Wingard,
Thank you so much for continuing to push for the rule of law in the face of such organized, high-level support for its abolition. It is only through the actions of people with your courage that our system of laws can survive.
Great narrative of the tremendous work done by those in our armed forces. The JAGS are rarely on the public’s radar, but Col. Wingard’s posting shows how important it is that they police our military to always stand up for what our country stands for.
Recommended and I salute you in my own civilian way.
Thank you for this. Rec’d as well.
It really is a shame the media want’s to keep alive the myth that our uniformed leadership desire barbarity when they stand to lose the most.
Remember, what you make legal to do others makes that legal to do to your children serving in uniform.
Dick, Rush, Glenn, and Bill have nothing to worry about other than to cash their large checks while your son/daughter/husband/sister/brother go to war.
AMEN! A very simple truth that is lost on a lot of very simple people. Disgusting how the corporate elites prey on the “little people,” but sad that citizens have the eyes but cannot see.
Thank you, Lt. Col. Wingard. A brilliant post. There are still some citizens who whole-heartedly agree with you. Keep up the good work and keep posting here. It’s valued and refreshing to see your point of view.
Barry, you have been my hero for some time now. I’ve been proud to tell your story, and the more people who hear it, the bigger chance Fayiz will be a free man.
Never give up. And thank you.
The rule of law is not only being forgotten in the military but on the civilian side as well. Domestic surveillance is fine but prosecute, let alone investigate, banksters? Not on your life. The truth is the financial terrorism of Wall Street CEOs has done far more damage to the country than bin Laden or al Qaeda ever could. In pursuit of the one, we shred our Constitution and commit atrocities like imperial wars, indefinite detention, rendition, and torture. For the other, there is only a little perfunctory grumbling at the size of the bonuses they continue to pull down.
What they’re trying to do is trivialize the notion of the rule of law like they’ve done with the notion of government being effective and anything other than a nuisance.
The very fact that we are thinking of trying people in front of military commissions rather than in federal court shows how far the other, insidious side has won. It’s OK to try homegrown terrorists in federal court, but not people being held under the nebulous distinction of unlawful combatant?
No wonder Orahma isn’t pushing to get Dawn Johnsen confirmed. I like to believe that she won’t tolerate nonsense like this under her watch.
so this guy was taught “values and morals” at fort benning, georgia? the place where school of the americas, that training ground for torturers and mass-murderers?
this is the kind of liberal myth that makes me sick
To bad the mainstream media wants to keep to the myth of military support for barbarism.
The military stand to lose the most unlike “boing3887″ who likely will be grounded for a week if his mom finds out how “misuninformed” and rude he has become.
You don’t have to have a tea bag hanging from your hat to be ignorant and stereotype people you don’t know. Back on couch boing, and give your dad your cell phone while the Colonel goes to war for your sad a**.
semper fi colonel .. i agree with you 100% and thanks for the testimonial
Jkat [Maj USMC ret]
Good to hear, and I couldn’t agree more. This is just such an excellent example of letting your voice be heard.
And this is exactly the sort of head-on confrontation of the inherent mindset and the dangerous consequences (intended or unintended) of the dishonorable behavior, and abuse of power, of powerful government actors like Richard Cheney, Lindsey Graham, Joseph Lieberman, “Kit” Bond and many of like mind, that is and has been desperately needed, but remains sorely lacking, from those Members of Congress who know better, but apparently think going along to get along should trump foundational American principles.
Powerful Democratic legislators like Carl Levin, Ike Skelton, Jim Webb (D-Marine Corps), and Pat Leahy should all know better, but have instead simply greased the skids for the arbitrary, autocratic urges of those who brought us Guantanamo and with it the apparently-successful effort to undermine our indispensable independent Judicial Branch of government – an undermining that continues to accelerate, unhindered by those in the best position (Barack Obama, Rahm Emanuel, federal legislators, D.C. Circuit Court of Appeals judges) to slow, stop, or reverse it.
As captured so well in your opening paragraph:
Many of those Members of Congress are also attorneys or former judges – “officers of the court” charged with doing “what’s right” even if the rewards – financial or otherwise – are elsewhere, and by their silence or complicity with the fundamentally-unAmerican and fundamentally-unjust agenda of their Congressional colleagues, and unchecked Executive Branch actors, help prove how meaningless that phrase is when self-interest isn’t directly impacted by the abandonment of its tenets.
Powerful. Sounds like, at least at one time, members of our military got a better “basic training” in the core beliefs that motivated our Founders than most other Americans did or do.
Released, that is, on the say-so of the President alone, only after years of being deprived of their liberty, while being subjected to coercive interrogation, in our Guantanamo military prison camp, during which time every one of those detainees was denied the rights and protections of “Prisoners of War” – including the initial “competent tribunal” hearing to establish their status when contested that’s mandated by the Third Geneva Convention, which President Roosevelt and Generals Marshall and Eisenhower, et al, honored and implemented during World War II, for NAZIs and other belligerents alike.
That non-”POW” status, by default, at Guantanamo has remained unchanged and unreviewed for all the (almost-two hundred) mostly-uncharged, unconvicted prisoners still imprisoned, despite a key holding of the military judge in the case of Salim Hamdan [one of only three commission cases brought to a conclusion under the 2006 MCA to date], in December, 2007, as summarized by Hamdan’s military and civilian attorneys:
http://www.defenselink.mil/news/Dec2007/Hamdan-Jurisdiction%20After%20Reconsideration%20Ruling.pdf
That holding came the same month that the same judge in the same case held that the Bush-concocted “Combatant Status Review Tribunals” (CSRTs) left over from the make-believe military commissions that the Supreme Court threw out as unConstitutional in 2006, did not, at least in Hamdan’s typical case, fulfill the requirements of an Article 5 “competent tribunal” hearing regarding POW status:
Instead Judge Allred himself finally held a “competent tribunal” Article 5 hearing for Hamdan in 2007, years after Hamdan should have either been given such a hearing, or, at minimum, treated as a POW until that 2007 hearing (and later determination that Hamdan was not a POW) could be arranged.
Quoting from Page 136 [PDF Page 150 of 213] of last year’s report “Assessing Damage, Urging Action” by the Eminent Jurists Panel on Terrorism, Counter-Terrorism and Human Rights, established by the International Commission of Jurists (ICJ):
Courage in the face of gunfire is one thing, and courage in the face of our government and its bureaucracy is something else.
Many would face the former. Few are willing to face the latter.
They don’t give medals for the latter, but they really should.
This veteran gives his thanks to Lt. Col. Barry Wingard!
Great comment MadDog, you deserve recognition for your thoughts.
I’m with MadDog.
Thanks for standing up for the Rule of Law.
Speaking of standing up for the Rule of Law, Scott Horton has penned a superb and stirring defense of justice in the face of political hostility, and an insightful summation of how we got to where we are as a nation, that echoes Wingard’s, and really registers:
And Andy Worthington, one of those “journalists fighting against torture and kangaroo trials” comprehensively updates us on the appeals, heard in January in the Court of Military Commissions Review in D.C., of two of the three convictions rendered under the 2006 MCA commissions (Hamdan’s, who’s now a free man, and al-Bahlul’s, who received a life sentence), noting:
We can not compromise our “rule of law”. It has always worked and none should replace it. Barry you have called to our attention the dangerous thinking of the previous administration. We join you in seeing and demanding that our leaders not fail in affording those in detention a fair trial. We must not continue to slide away from a system that protected us and showed the world we are a good people. Words can not express how greatful I am that you are standing up for the justice and honor of your country and that, you have done so well. Your post should be required reading for everyone who calls themself an American.
Unfortunately, it is quite clear that the guilty, stretching from the lowest ranks of the forces right up to the highest two positions in government will never be prosecuted. Your system of government has collapsed, and with it your system of justice. If these cowards are ever to be called to account, it will be for the angry mobs to do.
Lt Col Wingard
This is an excellent posting.Thank you for your service to our ‘better angels ‘ and best practices.
Do we know for certain that the Obama administration is just going to continue the Bush admministration abuses?
Second regarding the apparent destruction of evidence from a possible multiple homicide at Camp No -is there any ongoing investigation as whether or not those detainees actually did gag themselves to death ?
Third sometime ago it was reported that former New Mexico US Attorney David Iglesias was asked to go down to Gitmo as a JAG to help adjudged status of detainees and ultimately facilitate the closing of our own Cuban Gulag – Since many of us had hoped that Mr Iglesias and others who had worked for the previous administration might be helpful in guiding the current administration back to the Rule of Law- do we know if former US Attorney Iglesias is still working down at Gitmo ?
( Really enjoyed Mr Iglesias ‘s book “In Justice ” )
While US military history has always been marred by actions outside the rule of law, what I believe Lt. Col. Barry Wingard speaks to is one of the most addressable egregious pretenses of “legal” operation.
Fayiz al-Kandari, along with so many others, is experiencing having his entire life stolen from him based on hearsay, and absent any legitimate offerings remotely hinting of proof as to his having committed any offense.
The detention of Fayiz al-Kandari is egregious on so many fronts, it is impossible to enumerate in a reply such as this. Addressing the disturbed and disturbing politics which characterize the affronts to humanity represented throughout the entire presentation of this construct “war”, from inception to present, would take years and volumes to adequately assemble a coherent history.
Addressing the detention of Fayiz al-Kandari, while seemingly only a speck of the injustice inherent in this construct, is, in fact, a vital exercise in that it exposes all of the vast betrayals of right, honor and justice we, as Americans, hail as our true national character. I applaud Lt. Col. Barry Wingard for his earnest attempts to bring this hypocrisy to light and free a man who, due to no less than the sociopathic underpinnings of a now thoroughly corrupt political and military corporation, is being used as a tool for rendering of the American people into an ineffectual, surrendering mass thus allowing for continuation of profiteering from this and future constructs.
Fear coupled with perversion of ethics, morals and values through psychological regression of thought and suppression of response through economical subservience has created an atmosphere where those who maintain a semblance of sanity are isolated and appearing incapable of responding in any meaningful manner to the dominance of corporate governance.
Standing up with Lt. Col. Barry Wingard and mustering rational dissent against the detention of Fayiz al-Kandari is an effective means for recognizing the capability we do have to resist this pervasive corruption. It is a vital step to reclaiming humanity, ending injustice, and rebuilding the character of our nation. It is a vital step to reclaiming our nation from the corporate disease that has so deeply sickened our society.
It is not too late to break through, break free, and in the process free others. Free Fayiz al-Kandari!!
I just can’t imagine how things got so far so fast. Was it greed or symantics, laziness or a veil of ignorance? What’s the old saying, “Awaken the sleeping giant”? Time to stand up, speak up or we’ll keep moving in the direction of our inability to do anything. The bell tolls at Guantanamo and unless we correct this wrong, it tolls for each of us.
Colonel,
Thank you for your service to our country and to the rule of law.
And thank you for this diary. I wish somebody could get it to the President’s desk.
Right now, factions within the White House are working to undermine the decision of Attorney General Holder to hold civilian criminal trials for terrorists.
All in the name of getting Lindsey Graham’s support for closing Gitmo. What the chuckleheads don’t seem to grasp is that the military is an executive branch instiution and the president can order Gitmo closed on his own.
Lt. Col. Wingard… Barry… Thanks so much for standing up for what is right. The erosion has moved into deep rot, and we need every decent member of the military, of every branch of government, to stand up and loudly proclaim themselves opposed to the torture, the indefinite detentions, the renditions, and the puppet court military commissions.
You are the definition of an honorable man. Unfortunately, these are dishonorable times, and too many — though not all — of the men and women leading this country, including its armed forces, have aligned themselves with internal forces inimical to what this country stands for.
Col. Barry Wingard, thank you for speaking the truth. Very Rec’d. I hope many people in the government read this post.
I hope that someday we can elect leaders who are wise enough to lead people like Lt. Col. Wingard properly. We’ve done a lousy job of that lately.
You, sir, are a shining Beacon in a cesspool of corruption -a cesspool that is being cleaned, and cleared, and made new by many on the planet right now.
Including you.
We here offer you our own Love as a way to strengthen and support your role in this greater transformational cleansing.
Please remember: You are not alone. And also remember: The process we’re engaged in cannot be stopped at this point; there are simply too many of us across the planet who “get it” and who are committed to transmuting the Old Ways…into the New. Which means, in those moments when you feel as if the world has indeed gone mad…close your eyes, breathe deep, and “connect” with the rest of us who are with you. Truly with you.
No question, you are already making a difference.
With appreciation, respect, and Love.