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Soldier Sues Over Guantanamo Beating, Asks $15 Million for Getting Detainee Treatment

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posted on Jun, 19 2005 @ 05:45 PM
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Some "Club Gitmo" huh Limbaugh?

Soldier Sues Over Guantanamo Beating
Spc. Sean Baker, who was medically retired after a drill went awry, asks for $15 million.
By David Zucchino, Times Staff Writer
LATimes.com


A U.S. military policeman who was beaten by fellow MPs during a botched training drill at the Guantanamo Bay, Cuba, prison for detainees has sued the Pentagon for $15 million, alleging that the incident violated his constitutional rights.

Spc. Sean D. Baker, 38, was assaulted in January 2003 after he volunteered to wear an orange jumpsuit and portray an uncooperative detainee. Baker said the MPs, who were told that he was an unruly detainee who had assaulted an American sergeant, inflicted a beating that resulted in a traumatic brain injury.

Baker, a Gulf War veteran who reenlisted after the Sept. 11 terrorist attacks, was medically retired in April 2004. He said the assault left him with seizures, blackouts, headaches, insomnia and psychological problems.


The Pentagon recanted inital 'mischaracterizations' of injuries.


The Pentagon initially said that Baker's hospitalization following the training incident was not related to the beating. Later, officials conceded that he was treated for injuries suffered when a five-man MP "internal reaction force" choked him, slammed his head several times against a concrete floor and sprayed him with pepper gas.

The drill took place in a prison isolation wing reserved for suspected Al Qaeda and Taliban detainees who were disruptive or had attacked MPs.

Baker said he put on the jumpsuit and squeezed under a prison bunk after being told by a lieutenant that he would be portraying an unruly detainee. He said he was assured that MPs conducting the "extraction drill" knew it was a training exercise and that Baker was an American soldier.


Apparently the saftey protocols (which consisted of "don't beat me like a real suspect") had been a 'mischaracterization' as well.


As he was being choked and beaten, Baker said, he screamed a code word, "red," and shouted: "I'm a U.S. soldier! I'm a U.S. soldier!" He said the beating continued until the jumpsuit was yanked down during the struggle, revealing his military uniform.

The lawsuit says of the extraction team: "Armed with the highly inflammatory, false, incendiary and misleading information that had been loaded into their psyches by their platoon leader, these perceptions and fears … became their operative reality, and they acted upon these fears, all to the detriment of Sean Baker."

No one has been disciplined or punished for the assault, said Baker's lawyer, T. Bruce Simpson Jr.


Not suprisingly, an internal investigation concluded no liability, going so far as to explain what happened in part on a "mandate that our training be as realistic as possible."


Last June, a military spokesman said an internal investigation in February 2003 had concluded that no one was liable for Baker's injuries. He said training procedures at Guantanamo had been reviewed after the incident.

"While it is unfortunate that Spc. Baker was injured, the standards of professionalism we expect of our soldiers mandate that our training be as realistic as possible," the spokesman said.


Which means the kind of $15 million dollar injuries Spc. Sean Baker is suing for as a violation of his rights are the realistic norm a real detainee may expect.

Yes, torture lovers that tingling sensation you're experiencing would be your panties crawling up in a wad.




posted on Jun, 19 2005 @ 06:05 PM
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I know there are people that would love to believe this, but since it is from the LA Times, I have serious doubts that it is true.
Remember there are 2 sides to every story, and the LA Times has a "Blame America 1st" reputation.

The military uses realistic training, the extraction technique used in this training scenerio was to extract a detainee that assaulted military personnel.

I view it as a training injury, nothing more. I was in the Army, and have seen several people get injured during training. One example, I had a buddy of mine break his leg during a parachute jump.



posted on Jun, 19 2005 @ 06:11 PM
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Guantanamo Report

It seems rather contrary to an idea of a Constitution with three branches that the executive would be free to do whatever they want, whatever they want without a check.
US Supreme Court Justice Stephen Breyer, 20 April 2004(3)

In late December 2001, a memorandum was sent from the United States Justice Department to the Department of Defense.(4) It advised the Pentagon that no US District Court could "properly entertain" appeals from "enemy aliens" detained at the US Naval Base in Guantánamo Bay, Cuba. Because Cuba has "ultimate sovereignty" over Guantánamo, the memorandum asserted, US Supreme Court jurisprudence meant that a foreign national in custody in the naval base should not have access to the US courts. The first "war on terror" detainees were transferred to the base two weeks later. The memorandum remained secret until it was leaked to the media in mid-2004 in the wake of the Abu Ghraib torture scandal.


Immediately after it was discovered Guantanamo would shelter the military from court involvement, it was utilized. Rather fishy... no?

Cut past the news-sound-bite rhetoric and read the actual report.



posted on Jun, 19 2005 @ 06:12 PM
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as posted by RANT
Yes, torture lovers that tingling sensation you're experiencing would be your panties crawling up in a wad.


What are you denouncing/advocating here, RANT, Gitmo or the US Army for not giving the now retired soldier a disability discharge/retirement?


Btw, this may be of interest to you, and/or others?
define:sovereign immunity





seekerof



posted on Jun, 19 2005 @ 06:23 PM
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After being beaten and crippled like a detainee, he is suing to re-enlist too!

MP beaten by guards sues, still wants to serve

Now that's hard-core!



posted on Jun, 19 2005 @ 06:25 PM
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as posted by SkepticOverlord
Immediately after it was discovered Guantanamo would shelter the military from court involvement, it was utilized. Rather fishy... no?


Maybe, then again, maybe not.
I believe it has been known, and prior to 9/11, that Gitmo had a 'peculiar' legal status, because Gitmo's sovereignty resides within/with Cuba. Gitmo was used to hold Cuban and Haitian detainees.
Guantanamo Bay






seekerof



posted on Jun, 19 2005 @ 06:28 PM
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I remember the media story on this incident, he was feature in CNN, I remember he having the seizures in front of the camera, and not control of it at all.

Sad incident but I wonder how this soldier is going to be able to function in a regular job with the type of injury he had.

I remember more than one story of things getting over board in some trainings when my husband was in the service.



posted on Jun, 19 2005 @ 06:33 PM
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Originally posted by Carseller4
I know there are people that would love to believe this, but since it is from the LA Times, I have serious doubts that it is true.
Remember there are 2 sides to every story, and the LA Times has a "Blame America 1st" reputation.


Do you prefer Fox News?
Here's a story on the incident from 2004:



foxnews
Lt. Cmdr. Chris Loundermon at Southern Command confirmed that Baker had a medical discharge from the guard, but had no further comment.

Baker was a member of the Kentucky National Guard from 1989 through 1997 and re-enlisted after the Sept. 11 terrorist attacks.

In the interview, Baker said that as part of the training drill, he was given an orange detainee jumpsuit to wear and turned over to four soldiers. Baker said the soldiers beat and choked him, stopping when they saw he was wearing parts of an Army uniform.

Baker said he has undergone numerous treatments, but still has medical problems.



posted on Jun, 21 2005 @ 07:45 AM
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Originally posted by Carseller4
The military uses realistic training, the extraction technique used in this training scenerio was to extract a detainee that assaulted military personnel.

I view it as a training injury, nothing more. I was in the Army, and have seen several people get injured during training. One example, I had a buddy of mine break his leg during a parachute jump.


If their training is that realistic and good, theres a couple of points to consider. During training of any kind, there is always a supervisor that has to oversee and pause the excersize when it goes to far or when injury occurs.
And, both military and police personel are normaly trained in personal defence and martial arts techniques that are focused on fast takedowns and control. Most of these technique's can bring injuries to arms, legs, torso and throat (suffocation to a point of loosing contiousness).

So, I still see no valid excuse for smaching someone's skull up to the point he has lasting brain damage.

Then, how is a parachute accident in any way comparable with someone's brain being bashed in by several fellow soldiers ...



posted on Jun, 21 2005 @ 08:07 AM
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Being an ex-military person, when I first saw this story on TV a while ago it immediately occurred to me that there could be another explanation which nobody was offering.

Let me relate a short story. While aboard my first ship, a number of guys in my berthing compartment (the on-board barracks - usually holds about 50-75 sailors) were reporting that stuff was being stolen from their pants pockets and lockers while they were either asleep or on watch. Now, you must understand then when on board a ship, you must have faith and trust in your shipmates, especially when you are crammed together in such small quarters. Thievery is a cardinal sin on board ship. Long story short - myself and a few other guys discovered the indentity of the thief, only after I had about $500 dollars of camera equipment stolen and someone else had $200 stolen directly from a pants pocket. This punk was a well-known malcontent with no respect for anyone, and nobody was surprised it turned out to be him. The command had been trying unsuccessfully to get rid of him for 6 months, but had nothing on him. A few days later, after we had returned to sea, the dirtbag got off watch around midnight and went to bed. Well, myself and about 5 other guys administered what is referred to as a "blanket party" (remember the boot camp scene in "Full Metal Jacket" when Pvt. Pyle gets beaten with towels and bars of soap? That was mild in comparison) to this guy, after dragging him up 2 ladders and throwing him into a shower stall (were he lay for the next 5 hours until someone found him the next morning).

Instead of anybody getting in trouble or charged, they searched this dude's locker, found drugs and stolen personal items, and then proptly flew his bruised and battered a$$ off the ship - never to be seen again.

To me, a very plausible explaination would be that somehow this guy at GITMO did something very wrong to anger or lose the trust of his comrades, and that when they got the opportunity for a little "pay back", they went a little overboard. And the Army is covering for them because they know what this guy did in the first place.


[edit on 21-6-2005 by Pyros]



posted on Jun, 21 2005 @ 08:18 AM
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Well, except ofcourse that extrajudicial punishments resulting in serious brain damage seem to be a bit over the top.
Short of butt raping fellow soldiers, I see nothing that could warrant such punishment. YTour attitude also indicates that you choose to consider him guilty of something, nomatter what, just to be left in your comfortable illusion that what goes on in Guantanamo Bay somehow is all justified.



posted on Jun, 21 2005 @ 08:46 AM
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Simon666

I am neither advocating nor condeming anybody's actions in this matter. I am merely offering an alternative explanation.

Like you, I don't know why he was beaten so hard, and why the Army seems reluctant to own up to something that is fairly simple and straightforward. People in the service get badly injured during training all the time, if not daily. Many of them get medical discharges - its the cost of doing business for the services. Many want to stay in or reinlist, but cannot because they simply do not meet the physical standards for retention. My point is that there could be some hidden reason why he took that beating that nobody, including the victim, are willing to take about publicly.

I'm guessing you never served a day in the military. If true, then I'm not surprised that you "see nothing that could warrant such punishment".

I don't believe that everthing that goes on in GITMO is "justified". But guess what? I'm a realist, and I understand that this world is full of good and evil, and that sometimes, for the greater good, some some evils must be endured. I have no illusions about GITMO, nor the policies that created it and put those people into it. In a perfect world, there would be no GITMOs. But this is a world of people who do not fight by the rules, who kill indiscriminately, and who hide behind the innocent while they plot their next attack. So while there may exist some innocents in GITMO, and some of them may be getting their a$$es beaten and abused, I will not waste the energy feeling bad about them, knowing that they are the unintentional victims of their own society, who view us as mortal enemies, and who helped to create this situation with their jihad, and their suicide bombs, and their affinity for killing the innocent masses. If it takes 20 guys in GITMO taking a beating to save just one US soldier's life, I consider that a fair exchange. I am very comfortable with that illusion.



posted on Jun, 21 2005 @ 09:27 AM
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Carseller,


I know there are people that would love to believe this, but since it is from the LA Times, I have serious doubts that it is true.


Colour me surprised at your unwillingness to believe that life is not perfect down in Camp Shangri-La.

What is your familial relationship to Rush?


I view it as a training injury, nothing more. I was in the Army, and have seen several people get injured during training. One example, I had a buddy of mine break his leg during a parachute jump.


Your analogy is the worst kind of misdirection I have seen in a long time, and I have read almost every post LA_Maximus as written.

This guy did not injure himself. He was beaten by fellow soldiers because they thought he was someone in their custody.

He did not trip and sprain his ankle, they held him to the ground and battered his head off the concrete.

Can you really not see the difference?

Cheers

BHR

[edit on 21-6-2005 by BillHicksRules]



posted on Jun, 21 2005 @ 12:52 PM
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somebody correct me here...... but i thought when one signed on the dotted line to enlist in the armed forces that they signed away the right to sue the US GOVMT which includes PENTAGON,DoD each branch of the armed forces and who ever else they could think of bringing suit against.

so that in itself doens't seem to support the law suit as it would be in direct conflict with where he signed up to begin with.........

did i dream that up or is that true?

when you enlist you forfeit all rights to take legal action against the US GOVT and whoever else........


angie



posted on Jun, 21 2005 @ 02:25 PM
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So with this incredibly good treatment being given to detainees when can we expect Rush Limbaugh to book a vacation to this luxurious resort?



posted on Jun, 21 2005 @ 02:54 PM
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Originally posted by Carseller4
I know there are people that would love to believe this, but since it is from the LA Times, I have serious doubts that it is true.
Remember there are 2 sides to every story, and the LA Times has a "Blame America 1st" reputation.

The military uses realistic training, the extraction technique used in this training scenerio was to extract a detainee that assaulted military personnel.

I view it as a training injury, nothing more. I was in the Army, and have seen several people get injured during training. One example, I had a buddy of mine break his leg during a parachute jump.




Nothing worse than a crybaby.....as Pyros mentioned we gave them "blanket parties". I doubt this guy was beaten very badly and Im sure he has a bone to pick with the US Army.

$15 million?? How bout a kick in the balls and an article 15...thats all this punk deserves.

BTW: BillHicksRules, the LA Times is just a shade to the right of Al Jazeera, so anything they produce has a severe Liberal slant to it and my posts are not "misdirection" at all.

Maximu§



posted on Jun, 22 2005 @ 05:03 AM
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LA_Max,

I think you will find that when one is as far right as you everything will seem to be from the left/liberal.

It is like being at the North Pole, every direction is South.

Cheers

BHR

p.s. I guess you are right. Your posts are not misdirection just jingoistic, racist male cow excrement.

[edit on 22-6-2005 by BillHicksRules]



posted on Jun, 22 2005 @ 05:03 AM
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[edit on 22-6-2005 by BillHicksRules]



posted on Jun, 22 2005 @ 05:03 AM
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[edit on 22-6-2005 by BillHicksRules]



posted on Jun, 22 2005 @ 07:37 AM
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Lol Bill, by 3ple posting, you made 3 posts with sh1t in them(posting a cusword and bypassing the filters are seperate warnings) I sure hope you don't get banned for this ... change it asap please ..



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