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from http://www.washingtontimes.com/national/inring.htm
Air National Guard Maj. Harry Schmidt steadfastly has remained silent ever since the Air Force began investigating him in the "friendly fire" deaths of Canadian soldiers in Afghanistan. Now, Maj. Schmidt is speaking for the first time via a declaration to a military appeals court. Maj. Schmidt was flying his F-16 over Afghanistan when he mistook flashes of Canadian gunfire for enemy antiaircraft rounds. He dropped a bomb on what he later learned was a training range. As the Air Force's prosecution slowly moves toward a court-martial, the military judge so far has refused to give Maj. Schmidt's attorney, Charles Gittins, the security clearance he needs to review all the evidence. This means the prosecution team has tremendous control over what Mr. Gittins can and cannot learn. And, if the pilot wishes to discuss something of a classified nature with his attorney, the prosecutors get to monitor the information. "In fact, lack of security clearance has rendered my civilian defense counsel, obtained at my own expense, ineffective by allowing the government to limit and control his access to pertinent classified information," Maj. Schmidt wrote in a statement to the United States Air Force Court of Criminal Appeals. "Importantly, much of what I need to discuss with my civilian counsel in order to prepare him to represent me on the issues relevant to my trial are classified." Maj. Schmidt wants the court to delay the trial start in April so it can rule on Mr. Gittins' petition to win a security clearance. "The Air Force," the pilot states, "has ignored both the request and the regulations on the issue in order to create an atmosphere of control with regards to trial preparation, strategy and discovery of classified materials utilized by the defense and thereby violating the established attorney-client privilege of confidential communications." The Air Force is making the major's life difficult on still another front. His military counsel, Maj. James Key, is committed in March with a Guantanamo spy case hearing and cannot participate in preparing for Maj. Schmidt's April trial. And then, there's this: Maj. Schmidt was playing night soccer in January when he suffered painful injuries: He broke his leg, and ruptured his Achilles and plantaris tendons. "The soccer was meant as a stress reliever," Mr. Gittins told us. Maj. Schmidt played varsity soccer at the U.S. Naval Academy. He is the only person the military has moved to court-martial in any of the war on terror's "friendly fire" deaths. |
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