The US Army has dropped all charges against a Muslim chaplain accused of mishandling classified documents at the naval base detention centre in Guantanamo Bay, Cuba, where suspected terrorists are held.
Captain James Yee will be allowed to return to his previous duty station at Fort Lewis, near Tacoma, Washington, the US Southern Command (Southcom), which oversees the detention centre in Cuba, said.
“Chaplain Yee has won,” his lawyer, Eugene Fidell, said in a statement late yesterday. “The Army’s dismissal of the classified information charges against him represents a long overdue vindication.”
In dismissing the charges, Major General Geoffrey Miller, commander of Joint Task Force Guantanamo, which operates the detention centre, cited “national security concerns that would arise from the release of the evidence” if the case proceeded.
“In the grand scheme of things, and in the interest of national security, General Miller felt like the charges needed to be dropped,” said Lieutenant Colonel Bill Costello, a Southcom spokesman. “It seemed to be the prudent way to proceed.”
Capt Yee spent 76 days in custody after the military initially linked him to a possible espionage ring at the base in Cuba. But the government failed to build a case against him. Prosecutors have not disclosed much about their evidence.
Some Asian-American activists and Capt Yee supporters have accused the government of racial and religious profiling in Yee’s case.
The Army charged Capt Yee last September with mishandling classified material, failing to obey an order, making a false official statement, adultery and conduct unbecoming an officer for allegedly downloading pornography on his government laptop.
Mr Fidell rejected the notion that security concerns played a role in the dismissal of charges. He said Capt Yee was entitled to an apology.
General Miller said Capt Yee, a 35-year-old Chinese-American, will be offered non-judicial punishment for allegations of adultery and pornography.
That would come through an Article 15 proceeding, the military’s method for dealing with minor infractions. The penalties would be minor, such as duty restriction or a temporary pay cut.
“We anticipate that Yee will be returned to his home duty station at Fort Lewis, Washington, at the conclusion of any Article 15 proceedings,” Southcom said in a news release.
If convicted of all the original charges, Capt Yee could have faced dismissal and a maximum of 14 years in prison.
Capt Yee counselled suspected Muslim terrorists and dispensed religious guidance at Guantanamo.
He was arrested on September 10 as he arrived at a Jacksonville, Florida, naval base, from Guantanamo, carrying what authorities said were classified documents.