After a decade of twists, vanishing Marine goes to trial

Marine Corps Times — Mon, 09 Feb 2015 10:28:14 -0500

From: Marine Corps Times

RALEIGH, N.C. — A U.S. Marine who vanished from a base in Iraq and later wound up in Lebanon is set to face trial more than a decade after the puzzling case began.

Cpl. Wassef Hassoun's court-martial on desertion and other charges starts Monday at Camp Lejeune. Defense attorneys maintain that he was kidnapped in 2004 by insurgents and that later, after briefly returning to the U.S., he became tangled up in Lebanese courts for years.

Prosecutors say Hassoun fled his post in Iraq because he was unhappy with his deployment and didn't like how U.S. troops treated Iraqis. However, a September report from the military equivalent of a grand jury hearing acknowledges that prosecutors could have a hard time proving their largely circumstantial case because of the difficulty in tracking down witnesses.

The case began when Hassoun went missing from a base in Fallujah in June 2004. Days later, he appeared blindfolded and with a sword poised above his head in a photo purportedly taken by insurgents. An extremist group claimed to be holding him captive.

Not long after that, Hassoun turned up unharmed at the U.S. Embassy in Beirut, Lebanon, saying he'd been kidnapped. But officials were suspicious, and he was brought back to Camp Lejeune while the militaryconsidered charging him with desertion and counts related to a pistol and Humvee he's accused of taking.

Hassoun's case occupies some of the same murky territory as that of Army Sgt. Bowe Bergdahl, a soldier who left his post in Afghanistan and was held by the Taliban for five years. The Army is considering what, if any charges or punishment Bergdahl should face.

A lawyer for Hassoun, Haytham Faraj, questions why his client's case is heading to trial when many unauthorized absences are handled administratively.

"To me it doesn't seem very fair," Faraj said in a recent telephone interview.

An expert on military law agreed that most servicemen accused of leaving their post receive administrative punishment. But Philip Cave, a retired Navy lawyer now in private practice, said Hassoun's multiple absences — including one shortly before he faced a court hearing — may explain why his case is being handled with a trial.

Hassoun, a native of Lebanon and naturalized American citizen, enlisted in the Marine Corps in January 2002 and served as an Arabic translator.

Prosecutors cited witnesses who said Hassoun didn't like how the U.S. was interrogating Iraqis and that he said he wouldn't shoot back at Iraqis.

Intelligence documents declassified in recent months shed further light on the investigation of Hassoun's kidnapping claim. An NCIS report from August 2004 states that Hassoun's family in Lebanon seemed genuinely distraught after news of his kidnapping surfaced, contacting the U.S. Embassy in tears.

Another report said the family told investigators that a representative of the Hassoun clan, made up of Sunni Muslims, was able to negotiate with insurgents for Hassoun's release. News that he later returned to the U.S. Embassy in Beirut "sparked a wave of violence and retribution against the Hassoun clan" in Tripoli, Lebanon, amilitary investigator wrote at the time.

Faraj suggested this evidence was either ignored or withheld from prosecutors in 2004.

"Someone at a high-enough level with the proper clearances knew that this man had been abducted, and yet they brought charges forward anyway," Faraj said.

After he was brought back to Camp Lejeune in 2004, Hassoun was allowed to visit family in Utah. With amilitary court hearing looming, Hassoun disappeared a second time in early 2005. Prosecutors have said his whereabouts were unknown for years.

Hassoun traveled to Lebanon but was arrested by that country's authorities after Interpol issued a bulletin triggered by his deserter status, Faraj said.

Translated Lebanese government documents reference the U.S. charges against Hassoun. Several memos include Lebanese officials discussing whether to allow extradition to the U.S., and eventually a Lebanese justice ministry document from 2006 states there is "no extradition approval."

The documents submitted by the defense to the U.S. military court say Lebanese authorities took his passport and prevented him from traveling.

The documents say Lebanese court proceedings against Hassoun lasted until 2013, and travel restrictions were later lifted.

After that, Faraj said that Hassoun turned himself in to U.S. authorities. He was brought to Camp Lejeune over the summer.

A general decided to proceed with the trial.

Cave, the former Navy lawyer, said that prosecutors often have to build desertion cases from circumstantial evidence "unless the person walks out the door and says 'I'm leaving and I'm never coming back.'"

http://www.marinecorpstimes.com/story/military/crime/2015/02/08/wassef-hassoun-vanishing-marine-goes-to-trial/23077879/

Response by Cpl Jeff N. made Feb 9 at 2015 11:01 AM

Cpl Jeff N. — Mon, 09 Feb 2015 11:01:44 -0500

He is a deserter, no question, perhaps a traitor. The Marine Corps should make an example of him. No mercy for desertion. Unnacceptable and a discredit to the Marine Corps for allowing this knucklehead to serve. He needs maximun punishment to dissuade others that might be considering a stroll away from their accountabilities.

Response by CSM Private RallyPoint Member made Feb 9 at 2015 11:14 AM

CSM Private RallyPoint Member — Mon, 09 Feb 2015 11:14:08 -0500

It is nice to see a service branch make a decision without drawing it out and allowing the media to continue to make a circus out of the story. In this case I am trusting in the UCMJ process - if he is guilty or innocent, it will be found out, and justice will be served.

Army, take a lesson from the Marines. Send Bowe Bergdahl to trial.

Response by MSgt Michelle Mondia made Feb 9 at 2015 11:19 AM

MSgt Michelle Mondia — Mon, 09 Feb 2015 11:19:34 -0500

I can almost hear the talking points now...media is gonna Spin this six ways to Sunday.

Response by Capt Richard I P. made Feb 9 at 2015 11:22 AM

Capt Richard I P. — Mon, 09 Feb 2015 11:22:20 -0500

Everyone is entitled to a fair trial, and to be considered innocent until proven guilty.

That said, Marines are pretty tough to capture.

Response by LTC Andrew Loeb made Feb 9 at 2015 11:32 AM

LTC Andrew Loeb — Mon, 09 Feb 2015 11:32:36 -0500

The prosecution will have a difficult time answering the question the defense brings up, why is this not being handled underneath Administrative Separation like 90% of all absent without leave cases are handled. This should make an interesting preclude to SGT Bergdahl's case and how that is handled. I'm assuming that a Plea is not amenable for either side in this case.

This should make a good question for an open ended discussion in the Senior Administrative Justice/UCMJ class for ROTC.

Response by SSgt Chad Russell made Feb 9 at 2015 7:54 PM

SSgt Chad Russell — Mon, 09 Feb 2015 19:54:48 -0500

Deserter piece of shit.

Response by SSgt Chad Russell made Feb 9 at 2015 7:55 PM

SSgt Chad Russell — Mon, 09 Feb 2015 19:55:49 -0500

My platoon/ Squad found his ID card in Fallujah while clearing the city.

Response by SFC Mark Merino made Feb 9 at 2015 9:31 PM

SFC Mark Merino — Mon, 09 Feb 2015 21:31:11 -0500

I hope they tie a bell on him. He seems to run off quite a bit.

Response by MSG Floyd Williams made Feb 9 at 2015 11:38 PM

MSG Floyd Williams — Mon, 09 Feb 2015 23:38:54 -0500

How many Marines was wounded or killed trying to find him?

Response by 1SG David Lopez made Feb 10 at 2015 4:22 AM

1SG David Lopez — Tue, 10 Feb 2015 04:22:57 -0500

Hopefully the UCMJ will be swift and harsh.

Response by LTJG Private RallyPoint Member made Feb 10 at 2015 1:04 PM

LTJG Private RallyPoint Member — Tue, 10 Feb 2015 13:04:49 -0500

Life in the Brig without any chance of parole and maybe even multiple life sentences. He left when people depended on him

Response by LtCol Private RallyPoint Member made Feb 10 at 2015 3:31 PM

LtCol Private RallyPoint Member — Tue, 10 Feb 2015 15:31:12 -0500

He deserted - the USMC was always going to court-martial him. We happen to know that desertion is NOT honorable service.

Response by SGT Jim Z. made Feb 23 at 2015 2:49 PM

SGT Jim Z. — Mon, 23 Feb 2015 14:49:14 -0500

UPDATE: VERDICT IN - GUILTY

http://www.wral.com/marine-who-vanished-in-iraq-in-04-found-guilty-of-desertion/14464813/

Response by SSG Leonard Johnson made Feb 23 at 2015 3:02 PM

SSG Leonard Johnson — Mon, 23 Feb 2015 15:02:27 -0500

WTF (freak frak) Just now??? hahahha

Response by MSG Private RallyPoint Member made Feb 23 at 2015 3:06 PM

MSG Private RallyPoint Member — Mon, 23 Feb 2015 15:06:42 -0500

Hmmm. I have an opinion. But I'll wait until the court martial is over. Otherwise, I'd be a hypocrite. His story smells. In fact, it stinks of bull shit. But who am I to judge.

Response by LTC Paul Labrador made Feb 23 at 2015 4:42 PM

LTC Paul Labrador — Mon, 23 Feb 2015 16:42:07 -0500

Just saw on my new feed that he was found guilty.