“If your intent is to have a fair trial, they are witnesses you’d want to hear from.”

This statement was given by Atty. Charles Gittins, who represents five potential witnesses – among them two officers who led the SEAL Team that captured suspected terrorist Ahmed Hashim Abed. In previous posts, we have already mentioned that these witnesses have elected to refrain from giving statements, pending a request for immunity from persecution.

Based on recent developments, however, that self-imposed gag may remain in force, as a report by Kate Wiltrout of The Virginian-Pilot reveals that this request for immunity has been denied by the government as of Friday. With the decision to reject their request, they may not be able to take the stand during the trials of their fellow SEALs.

Anyone can certainly read between the lines of this request for immunity from the potential witnesses. Their testimony, according to their lawyer, “would be inconsistent with some or all of the statements made by Petty Officer 3rd Class Kevin Demartino, the Navy master-at-arms who claimed to have seen a SEAL hit Abed while he was being held in a U.S. detainee facility after his capture.”

Monica Lombardi, representing accused Navy SEAL Julio Huertas, was quoted as saying that the decision of the government puts the “fundamental fairness” of the process into question. Lombardi says further: “They contradict a lot of what the government is alleging as having happened. Where is the government going with this case, and how are they going to ensure the accused’s right to a fair trial?”