Michael Waddington
Encyclopedia
Michael Stewart Waddington (born September 20, 1974, and raised in New Castle, Pennsylvania) is an American Criminal Defense lawyer specializing in serious felonies, court martial cases, and war crimes.
Bagram Abuse Cases
Michael Waddington gained international recognition for his defense of SGT Alan Driver at Fort Bliss, Texas in February 2006. Waddington was an Army Captain and JAG defense lawyer when he represented SGT Driver. SGT Driver was court martialed for allegedly abusing detainees captured in the "War on Terror" who were held at the Bagram Air Base in Afghanistan, in 2002. Driver was charged with beating a Taliban Division Commander known as Habibullah, who the Army says died of his injuries. He was also accused of throwing a shackled and handcuffed prisoner, Omar al-Faruq
, against a wall. Faruq was the top al-Qaida deputy for Southeast Asia with a long history of terrorism.
Waddington was scrutinized by the military when he forced the U.S. Army to publicly reveal that Faruq had escaped from U.S. custody. The escape created an international incident during which President George Bush dispatched then Attorney General Alberto Gonzales
to Indonesia to apologize for the escape and the fact that the U.S. hid the escape from Indonesian authorities. Prior to his confinement at Bagram, Faruq was captured by the Indonesian's and temporarily handed over to the U.S. for interrogations.
At trial, SGT Driver was fully acquitted of all charges after less than 15 minutes of jury deliberations. After the case, Waddington resigned his officer commission and became a civilian defense lawyer to continue to fight for servicemembers' rights. The Bagram Abuse Cases were the subject of the film, "Taxi to the Dark Side
," which won an Academy Award in 2007 for "Best Documentary Film."
Operation Iron Triangle Triple Murder - "Kill 'em All"
In June 2006, Waddington was in private legal practice when he was called on to defend SPC William B. Hunsaker in a triple murder case. Four soldiers of the 101st Airborne Division were accused of executing suspected al-Qaida insurgents that were captured during a raid near Samarra, Iraq on 9 May 2006. The case made international headlines when evidence revealed that SPC Hunsaker's commander, COL Michael D. Steele, gave orders to "kill all military age males" on the objective. The objective was a confirmed al-Qaida training compound, visited by Abu Musab al-Zarqawi
. COL Steele is an officer who once commanded a Ranger company sent into Mogadishu, Somalia, on a rescue mission that was recounted in the book and movie "Black Hawk Down."
Waddington and other defense lawyers, including Paul Bergrin, defended the four soldiers in court proceedings in Tikrit, Iraq and Fort Campbell, KY. After 8 months of legal battles, SPC Juston Graber, one of the accused, entered into an agreement with the prosecution to testify against SPC Hunsaker and the other defendants. Facing a mandatory life sentence, SPC Hunsaker and PFC Corey Clagett, another defendant, entered plea deals that reduced their maximum sentence to 18 years, making them eligible for parole after 5½ years. At SPC Hunsaker's guilty plea, he told the military judge that by killing three al-Qaida operatives, he believes that he was saving American lives and his actions were a "lesser evil for the greater good."
Meanwhile, COL Steele received a letter of reprimand
for his actions and was granted immunity from the 101st Airborne Division Commander. The Iron Triangle cases were the subject of the 2008 book, "Rules of Engagement? Operation Iron Triangle," by Stjepan Meštrović
.
Family slaughtered in the Mahmudiyah incident
, Iraq
Waddington served "of counsel" in the defense of SGT Anthony W. Yribe, a soldier implicated in alleged crimes committed in Mahmoudiya, Iraq on 12 March 2006. Yribe was charged with failing to report the attack but is not alleged to have been a direct participant. SGT Yribe's team was led by Army CPT Juan Roman. Waddington provided legal consultation and advice to the defense team and SGT Yribe. Yribe was the only soldier charged in the incident to avoid a conviction and jail time. The 2007 fictional movie Redacted (film)
is loosely based upon the events at Mahmudiyah. The film was written and directed by Brian De Palma
, the director of Carrie, Dressed to Kill, Scarface
, Carlito's Way
, The Untouchables
, and Mission: Impossible
.
Allegations of Detainee Abuse at the Battle of Fallajah, Iraq
In February 2007, Waddington was called to defend an Army Sergeant, SFC Timothy Drake, of allegations of using a baseball bat to beat enemy insurgents captured at the 2003 Battle of Fallajah, Iraq. SFC Drake was a member of the U.S. Army’s 82nd Airborne Division, 1st Battalion, 504th Parachute Infantry Regiment, stationed at Forward Operating Base Mercury (FOB Mercury) in Iraq. The media and Human Rights Watch dubbed Drake the leader of the "The Murderous Maniacs." Drake fought the charges at a jury trial and the Military Judge dismissed the skull fracture charge. Drake was then acquitted of aggravated assault with a bat, obstruction of justice, solicitation, and assault by kicking. He was convicted of misdemeanor battery and lying to CID. He was sentenced to a the lowest possible sentence in military law, a Reprimand. He received no jail time, no fine, no reduction, and was retained on active duty.
Murder Allegations in Kirkuk, Iraq
In July 2007, Waddington was called to defend an Army Specialist Christopher P. Shore of a premeditated murder allegation. He faced life in prison. The charges stemmed from a June 23, 2007 raid near Kirkuk, Iraq where Shore's platoon of elite Army Scouts conducted a night time raid into enemy territory. Their mission was to take down a confirmed cell of Iraqi insurgents responsible for the roadside bombings of U.S. troop convoys. SPC Shore, a GA native, led the assault team into the building. By the end of the raid, one insurgent was mortally wounded and several others were captured. SPC Shore is charged with shooting the detainee after his platoon leader, SFC Trey A. Corrales, shot him with an M-4 rifle.
Waddington and Army defense lawyer Major Javier Rivera fought the murder charge in front of an Army jury of officers and enlisted soldiers. SPC Shore was acquitted of murder and convicted of discharging his weapon near the detainee (assault). He was sentenced to 120 days in jail, a reprimand, a 2 rank reduction, and no discharge. Shore will continue to serve in the U.S. Army.
After 72 days of confinement, the commander of the 25th Infantry Division, Brig. General Michael Bednarek, released SPC Shore from prison and deferred his remaining sentence. On May 21, 2008, Bednarek reduced Shore's conviction to simple assault, a misdemeanor that carries a maximum of 90 days in jail. The change erased Shore's felony record. The General also reduced Shore's jail time to "time-served" and restored Shore to his former rank of Specialist. At the end of May 2008, Shore was promoted to the rank of Sergeant and continues to serve in the Army.
Rape Allegation at the United States Naval Academy, Annapolis, Maryland
In March 2008, Waddington was called to defend a third year Naval Academy Midshipman accused of breaking into the room of a fellow midshipman and raping her. The accused contested the charges at an Article 32 preliminary hearing at the Washington Naval Yard in April 2008. Waddington and his team of Navy defense lawyers, LT Paul Jenkins and LT Maryann Bridges, attacked the NCIS investigation as sloppy and pointed to a lack of physical, forensic, and scientific evidence and contradicting witness testimony in an attempt to disprove the allegations.
The Investigating Officer wrote a 20 page opinion recommending that the court martial charges be dismissed. On June 3, 2008, Naval Academy Superintendent Vice Adm. Jeffrey Fowler dismissed all court martial charges against the midshipman.
A Case of Preemptive Self-Defense During the Iraqi "Surge"
In August 2008, Waddington, along with Army defense lawyer, Major Peter Kageleiry, were called to defend an Army infantryman, SFC Joseph Mayo, accused of murdering four Iraqi snipers that were caught in Baghdad during "the Surge." Multiple soldiers from the unit was charged in connection with the alleged shooting. Mayo's unit was living "amongst the citizens" as part of the surge in an attempt to quell violence in the streets. His unit came under constant attack for weeks at a time by sniper fire, IEDs, and mortars, suffering multiple deaths and casualties. When his unit captured insurgents during gun battles, they would turn them over to American or Iraqi law enforcement, who would then release the insurgents within 10–14 days under the "catch and release" program where insurgents are returned to the streets within a short period time due to bed shortages.
According to Army documents, the insurgent sniper team that was responsible for the deaths of more than 5 U.S servicemembers was captured by the infantry Platoon involved in this case and allegedly shot and dumped into a Baghdad canal when members of the platoon realized that they would be released once turned in to authorities.
Bagram Abuse Cases
Michael Waddington gained international recognition for his defense of SGT Alan Driver at Fort Bliss, Texas in February 2006. Waddington was an Army Captain and JAG defense lawyer when he represented SGT Driver. SGT Driver was court martialed for allegedly abusing detainees captured in the "War on Terror" who were held at the Bagram Air Base in Afghanistan, in 2002. Driver was charged with beating a Taliban Division Commander known as Habibullah, who the Army says died of his injuries. He was also accused of throwing a shackled and handcuffed prisoner, Omar al-Faruq
Omar al-Faruq
Omar al-Faruq was a Kuwaiti of Iraqi descent, and a senior al-Qaeda member. He was a liaison between al-Qaeda and Islamic terrorists in the Far East, particularly Jemaah Islamiyah. He was captured in Bogor, Indonesia in 2002 by an Indonesian security agent who handed him over to the United States...
, against a wall. Faruq was the top al-Qaida deputy for Southeast Asia with a long history of terrorism.
Waddington was scrutinized by the military when he forced the U.S. Army to publicly reveal that Faruq had escaped from U.S. custody. The escape created an international incident during which President George Bush dispatched then Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
to Indonesia to apologize for the escape and the fact that the U.S. hid the escape from Indonesian authorities. Prior to his confinement at Bagram, Faruq was captured by the Indonesian's and temporarily handed over to the U.S. for interrogations.
At trial, SGT Driver was fully acquitted of all charges after less than 15 minutes of jury deliberations. After the case, Waddington resigned his officer commission and became a civilian defense lawyer to continue to fight for servicemembers' rights. The Bagram Abuse Cases were the subject of the film, "Taxi to the Dark Side
Taxi to the Dark Side
Taxi to the Dark Side is a 2007 documentary film directed by American filmmaker Alex Gibney, and produced by Eva Orner and Susannah Shipman, which won the 2007 Academy Award for Best Documentary Feature...
," which won an Academy Award in 2007 for "Best Documentary Film."
Operation Iron Triangle Triple Murder - "Kill 'em All"
In June 2006, Waddington was in private legal practice when he was called on to defend SPC William B. Hunsaker in a triple murder case. Four soldiers of the 101st Airborne Division were accused of executing suspected al-Qaida insurgents that were captured during a raid near Samarra, Iraq on 9 May 2006. The case made international headlines when evidence revealed that SPC Hunsaker's commander, COL Michael D. Steele, gave orders to "kill all military age males" on the objective. The objective was a confirmed al-Qaida training compound, visited by Abu Musab al-Zarqawi
Abu Musab al-Zarqawi
Abu Musab al-Zarqawi ; October 30, 1966 – June 7, 2006), born Ahmad Fadeel al-Nazal al-Khalayleh was a Jordanian militant Islamist who ran a paramilitary training camp in Afghanistan...
. COL Steele is an officer who once commanded a Ranger company sent into Mogadishu, Somalia, on a rescue mission that was recounted in the book and movie "Black Hawk Down."
Waddington and other defense lawyers, including Paul Bergrin, defended the four soldiers in court proceedings in Tikrit, Iraq and Fort Campbell, KY. After 8 months of legal battles, SPC Juston Graber, one of the accused, entered into an agreement with the prosecution to testify against SPC Hunsaker and the other defendants. Facing a mandatory life sentence, SPC Hunsaker and PFC Corey Clagett, another defendant, entered plea deals that reduced their maximum sentence to 18 years, making them eligible for parole after 5½ years. At SPC Hunsaker's guilty plea, he told the military judge that by killing three al-Qaida operatives, he believes that he was saving American lives and his actions were a "lesser evil for the greater good."
Meanwhile, COL Steele received a letter of reprimand
Letter of reprimand
A letter of reprimand is a United States Department of Defense procedure involving a letter to an employee or soldier from his or her superior that details the wrongful actions of the person and the punishment that can be expected...
for his actions and was granted immunity from the 101st Airborne Division Commander. The Iron Triangle cases were the subject of the 2008 book, "Rules of Engagement? Operation Iron Triangle," by Stjepan Meštrović
Stjepan Meštrovic
Dr. Stjepan Gabriel Meštrović is an American sociologist, professor, author of over fifteen books and a distinguished expert in matters of war crimes...
.
Family slaughtered in the Mahmudiyah incident
Mahmudiyah incident
The Mahmudiyah killings and gang-rape of a 14-year-old girl by U.S. troops occurred on March 12, 2006, in a house to the southwest of Yusufiyah, a village to the west of the town of Al-Mahmudiyah, Iraq. Five United States Army soldiers of the 502nd Infantry Regiment were charged with the crimes: ...
, Iraq
Waddington served "of counsel" in the defense of SGT Anthony W. Yribe, a soldier implicated in alleged crimes committed in Mahmoudiya, Iraq on 12 March 2006. Yribe was charged with failing to report the attack but is not alleged to have been a direct participant. SGT Yribe's team was led by Army CPT Juan Roman. Waddington provided legal consultation and advice to the defense team and SGT Yribe. Yribe was the only soldier charged in the incident to avoid a conviction and jail time. The 2007 fictional movie Redacted (film)
Redacted (film)
Redacted is a 2007 American war film written and directed by Brian De Palma. It is a fictional dramatization, loosely based on the 2006 Mahmudiyah killings in Mahmoudiyah, Iraq...
is loosely based upon the events at Mahmudiyah. The film was written and directed by Brian De Palma
Brian De Palma
Brian Russell De Palma is an American film director and writer. In a career spanning over 40 years, he is probably best known for his suspense and crime thriller films, including such box office successes as the horror film Carrie, Dressed to Kill, Scarface, The Untouchables, and Mission:...
, the director of Carrie, Dressed to Kill, Scarface
Scarface (1983 film)
Scarface is a 1983 American epic crime drama movie directed by Brian De Palma, written by Oliver Stone, produced by Martin Bregman and starring Al Pacino as Tony Montana...
, Carlito's Way
Carlito's Way
Carlito's Way is a 1993 crime film directed by Brian De Palma, based on the novels Carlito's Way and After Hours by Judge Edwin Torres. The film adaptation was scripted by David Koepp. It stars Al Pacino, Sean Penn, Penelope Ann Miller, Luis Guzman, John Leguizamo, Jorge Porcel, Joseph Siravo, and...
, The Untouchables
The Untouchables (1987 film)
The Untouchables is a 1987 American crime-drama film directed by Brian De Palma and written by David Mamet. Based on the book The Untouchables, the film stars Kevin Costner as government agent Eliot Ness. It also stars Robert De Niro as gang leader Al Capone and Sean Connery as Irish-American...
, and Mission: Impossible
Mission: Impossible (film)
Mission: Impossible is a 1996 action thriller directed by Brian De Palma and starring Tom Cruise. Following on from the television series of the same name, the plot follows a new agent, Ethan Hunt and his mission to uncover the mole within the CIA who has framed him for the murders of his entire...
.
Allegations of Detainee Abuse at the Battle of Fallajah, Iraq
In February 2007, Waddington was called to defend an Army Sergeant, SFC Timothy Drake, of allegations of using a baseball bat to beat enemy insurgents captured at the 2003 Battle of Fallajah, Iraq. SFC Drake was a member of the U.S. Army’s 82nd Airborne Division, 1st Battalion, 504th Parachute Infantry Regiment, stationed at Forward Operating Base Mercury (FOB Mercury) in Iraq. The media and Human Rights Watch dubbed Drake the leader of the "The Murderous Maniacs." Drake fought the charges at a jury trial and the Military Judge dismissed the skull fracture charge. Drake was then acquitted of aggravated assault with a bat, obstruction of justice, solicitation, and assault by kicking. He was convicted of misdemeanor battery and lying to CID. He was sentenced to a the lowest possible sentence in military law, a Reprimand. He received no jail time, no fine, no reduction, and was retained on active duty.
Murder Allegations in Kirkuk, Iraq
In July 2007, Waddington was called to defend an Army Specialist Christopher P. Shore of a premeditated murder allegation. He faced life in prison. The charges stemmed from a June 23, 2007 raid near Kirkuk, Iraq where Shore's platoon of elite Army Scouts conducted a night time raid into enemy territory. Their mission was to take down a confirmed cell of Iraqi insurgents responsible for the roadside bombings of U.S. troop convoys. SPC Shore, a GA native, led the assault team into the building. By the end of the raid, one insurgent was mortally wounded and several others were captured. SPC Shore is charged with shooting the detainee after his platoon leader, SFC Trey A. Corrales, shot him with an M-4 rifle.
Waddington and Army defense lawyer Major Javier Rivera fought the murder charge in front of an Army jury of officers and enlisted soldiers. SPC Shore was acquitted of murder and convicted of discharging his weapon near the detainee (assault). He was sentenced to 120 days in jail, a reprimand, a 2 rank reduction, and no discharge. Shore will continue to serve in the U.S. Army.
After 72 days of confinement, the commander of the 25th Infantry Division, Brig. General Michael Bednarek, released SPC Shore from prison and deferred his remaining sentence. On May 21, 2008, Bednarek reduced Shore's conviction to simple assault, a misdemeanor that carries a maximum of 90 days in jail. The change erased Shore's felony record. The General also reduced Shore's jail time to "time-served" and restored Shore to his former rank of Specialist. At the end of May 2008, Shore was promoted to the rank of Sergeant and continues to serve in the Army.
Rape Allegation at the United States Naval Academy, Annapolis, Maryland
In March 2008, Waddington was called to defend a third year Naval Academy Midshipman accused of breaking into the room of a fellow midshipman and raping her. The accused contested the charges at an Article 32 preliminary hearing at the Washington Naval Yard in April 2008. Waddington and his team of Navy defense lawyers, LT Paul Jenkins and LT Maryann Bridges, attacked the NCIS investigation as sloppy and pointed to a lack of physical, forensic, and scientific evidence and contradicting witness testimony in an attempt to disprove the allegations.
The Investigating Officer wrote a 20 page opinion recommending that the court martial charges be dismissed. On June 3, 2008, Naval Academy Superintendent Vice Adm. Jeffrey Fowler dismissed all court martial charges against the midshipman.
A Case of Preemptive Self-Defense During the Iraqi "Surge"
In August 2008, Waddington, along with Army defense lawyer, Major Peter Kageleiry, were called to defend an Army infantryman, SFC Joseph Mayo, accused of murdering four Iraqi snipers that were caught in Baghdad during "the Surge." Multiple soldiers from the unit was charged in connection with the alleged shooting. Mayo's unit was living "amongst the citizens" as part of the surge in an attempt to quell violence in the streets. His unit came under constant attack for weeks at a time by sniper fire, IEDs, and mortars, suffering multiple deaths and casualties. When his unit captured insurgents during gun battles, they would turn them over to American or Iraqi law enforcement, who would then release the insurgents within 10–14 days under the "catch and release" program where insurgents are returned to the streets within a short period time due to bed shortages.
According to Army documents, the insurgent sniper team that was responsible for the deaths of more than 5 U.S servicemembers was captured by the infantry Platoon involved in this case and allegedly shot and dumped into a Baghdad canal when members of the platoon realized that they would be released once turned in to authorities.