The case that should never have been
Muslim Army chaplain cleared of convictions
By Jane Sutton, Reuters, 4/15/2004
MIAMI -- The US military yesterday dismissed the convictions against a Muslim Army chaplain who was initially suspected of espionage at the Guantanamo prison camp but was found guilty only on lesser charges.
The appellate decision by Army General James Hill, the Southern Command chief who oversees US military operations at Guantanamo, wipes the slate clean for Captain James Yee, who had been assigned to minister to prisoners at the base in Cuba.
"This means there will be no official mention of it in his military record," Hill said.
His decision put an end to what one of Yee's lawyers called a "hoax" case against the chaplain.
Yee, 36, was found guilty in March of noncriminal charges of committing adultery and storing pornography on a government computer. He ministered for 10 months to foreign terrorism suspects held at the US naval base in Guantanamo Bay, Cuba.
Yee was arrested on suspicion of espionage in September and faced six criminal charges that included mishandling classified information at Guantanamo. Court documents accused him of spying, mutiny, sedition and aiding the enemy, and he was held in solitary confinement in a military brig for 76 days.
The military dropped all the criminal charges in March, citing national security concerns that would arise from the release of evidence against him.
Army Major General Geoffrey Miller, who at the time commanded the task force running the Guantanamo prison, then found Yee guilty of the noncriminal charges and issued a written reprimand.
Yee appealed the decision. His civilian lawyer, Eugene Fidell, said the proceedings were biased and "a hoax by any standard." Fidell said he had not had time to prepare a defense because the Army did not give him the evidence in the case until 11 minutes before Yee's hearing began.
As the Southcom commander, Hill had jurisdiction to hear the appeal.
Hill said his decision was based in part on the massive notoriety and media attention the case had received and in part on the fact that Yee had already served 76 days of confinement in a military brig.
"I view this as a matter of mercy and equity, not necessarily a matter of law," he said.
Hill said Miller acted correctly to bring the charges based on what was known at the time and said Yee's religious beliefs and Chinese ancestry had nothing to do with the original charges or the decision to throw out the conviction.
Yee was one of four men working at Guantanamo to be charged in connection with a suspected espionage ring. Charges against the other three are still pending.
