A motion to dismiss the charges against Navy SEAL Matthew McCabe, who is accused of assaulting prisoner Ahmed Hashim Abed, has been denied. Abed is thought to be the mastermind behind the brutal murder of four American contractors in Fallujah, Iraq. The other SEALs who were accused along with McCabe, Julio Huertas and Jonathan Keefe, have been exonerated; however, McCabe is the only one among the three who is accused of actually hitting the prisoner. The other two SEALs were also tried with a different judge.
The defense had reported that Gen. Charles Cleveland may have been pressured into pursuing the case against McCabe. Navy Capt. Moira Modzelewski is presiding over the case of Matthew McCabe, and she said that the evidence presented by the defense in support of the motion – which consisted of the transcript of a segment of the Fox News show “O’Reilly Factor” – may be considered as speculation.
It was mentioned during that segment that Gen. Cleveland had offered non-judicial punishment to McCabe. This would have avoided a court-martial but would have meant admission of guilt on the part of the SEALs and their careers would have been over. The implication is that Gen. Cleveland was forced to pursue the case when McCabe chose to fight the charges against him, according to a report on CNN.
Capt. Modzelewski did, however, grant another motion by the defense for a second interpreter to translate the deposition given by Abed. The defense cited that there were discrepancies with the original translation.
Rallies in support of McCabe were held in various locations starting on Sunday.