By Rowan ScarboroughFox NewsNavy SEALs have secretly captured one of the most wanted terrorists in Iraq — the alleged mastermind of the murder and mutilation of four Blackwater USA security guards in Fallujah in 2004. And three of the SEALs who captured him are now facing criminal charges, sources told FoxNews.com.The three, all members of the Navy's elite commando unit, have refused non-judicial punishment — called an admiral's mast — and have requested a trial by court-martial.Ahmed Hashim Abed, whom the military code-named "Objective Amber," told investigators he was punched by his captors — and he had the bloody lip to prove it.Now, instead of being lauded for bringing to justice a high-value target, three of the SEAL commandos, all enlisted, face assault charges and have retained lawyers.Matthew McCabe, a Special Operations Petty Officer Second Class (SO-2), is facing three charges: dereliction of performance of duty for willfully failing to safeguard a detainee, making a false official statement, and assault.Petty Officer Jonathan Keefe, SO-2, is facing charges of dereliction of performance of duty and making a false official statement.Petty Officer Julio Huertas, SO-1, faces those same charges and an additional charge of impediment of an investigation.The three SEALs will be arraigned separately on Dec. 7. Another three SEALs — two officers and an enlisted sailor — have been identified by investigators as witnesses but have not been charged.FoxNews.com obtained the official handwritten statement from one of the three witnesses given on Sept. 3, hours after Abed was captured and still being held at the SEAL base at Camp Baharia. He was later taken to a cell in the U.S.-operated Green Zone in Baghdad.The SEAL told investigators he had showered after the mission, gone to the kitchen and then decided to look in on the detainee."I gave the detainee a glance over and then left," the SEAL wrote. "I did not notice anything wrong with the detainee and he appeared in good health."Lt. Col. Holly Silkman, spokeswoman for the special operations component of U.S. Central Command, confirmed Tuesday to FoxNews.com that three SEALs have been charged in connection with the capture of a detainee. She said their court martial is scheduled for January.United States Central Command declined to discuss the detainee, but a legal source told FoxNews.com that the detainee was turned over to Iraqi authorities, to whom he made the abuse complaints. He was then returned to American custody. The SEAL leader reported the charge up the chain of command, and an investigation ensued.The source said intelligence briefings provided to the SEALs stated that "Objective Amber" planned the 2004 Fallujah ambush, and "they had been tracking this guy for some time."The Fallujah atrocity came to symbolize the brutality of the enemy in Iraq and the degree to which a homegrown insurgency was extending its grip over Iraq.The four Blackwater agents were transporting supplies for a catering company when they were ambushed and killed by gunfire and grenades. Insurgents burned the bodies and dragged them through the city. They hanged two of the bodies on a bridge over the Euphrates River for the world press to photograph.

Intelligence sources identified Abed as the ringleader, but he had evaded capture until September.

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  • My Friend Michael Dorstewitz emailed me this comment

    I don't know about the rest of you, but I'm spitting mad right now regarding
    "Navy SEALs Face Assault Charges for Capturing Most-Wanted Terrorist."
    Correct me if I'm wrong, but isn't that the function of the military?
    To assault the enemy and inflict great bodily harm upon him?
    Perhaps Eric Holder is simply miffed that the SEALs don't live up to his vision of our country: "A nation of cowards."
  • there is NO doubt as to what would have happened had the Navy seals been captured by them....do you think for one secound they would be court martialing,.....no they would be patting each other on the back as they walked away from the Navy Seals dead bodys.Besides whos to say this lying peace of (ommitted) didn't hit himself in the face!.
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