UK minister backed failed probe into SAS war crimes in Afghanistan

A British soldier is pictured in the village of Biabanak, Kandahar province, some 400 km south west of Kabul. (File/AFP)
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Updated 09 October 2023
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UK minister backed failed probe into SAS war crimes in Afghanistan

  • Johnny Mercer raised concerns in private over conduct of elite unit
  • Investigation into 675 cases of alleged wrongdoing closed with no charges after 5 years

LONDON: The UK’s minister for veterans’ affairs in 2019 raised concerns in private over a decision to shut an investigation into the conduct of UK special forces in Afghanistan, despite supporting the move in public later.

The BBC reported that Johnny Mercer had written to Ben Wallace, the defense minister at the time, to warn against the closure of the probe, on the grounds that war crimes allegations against British forces were credible.

Known as Operation Northmoor, the investigation was launched in 2014 to look into 675 alleged cases of wrongdoing by British forces in Afghanistan.

But the investigation — which explored the conduct of the elite Special Air Service during raids — was closed in 2019 with no resulting charges.

It was alleged that the SAS had been involved in the murders of dozens of unarmed civilians during operations in Afghanistan.

A BBC “Panorama” documentary in 2022 revealed evidence that one SAS squadron had killed 54 people in suspicious circumstances during a single six-month tour of the country. That documentary led to the opening of a public inquiry by the government.

Mercer, when arguing against the closure of Operation Northmoor, highlighted concerns that SAS members may have killed unarmed civilians and planted weapons on corpses to provide false justification for shootings, The Times reported.

He also warned that the government could suffer reputational damage if it failed to investigate the allegations.

The minister had pushed for the government to publicly acknowledge that “things went wrong on such operations” in Afghanistan.

But despite his private concerns over the investigation’s closure, Mercer backed the move publicly.

He told the Sunday Telegraph that the axing was “another significant moment as we retake ground ceded over the years to those who seek to rewrite history and line their own pockets, with no regard at all for the damage they have done to some of our nation’s finest people.”

Mercer also told the House of Commons that the allegations “that our armed forces operated so-called death squads in Afghanistan was simply not true.”

Since its closure, Operation Northmoor has faced criticism over an apparent failure to conduct interviews with central witnesses and gather important evidence.

The Royal Military Police was responsible for the investigation, but its officers told the BBC that they were prevented from conducting interviews with SAS personnel by “senior military figures.”

The public inquiry launched in 2022 in the wake of the “Panorama” documentary was set to begin hearing evidence on Monday.


Justice Department sees no basis for civil rights probe in Minnesota ICE shooting, official says

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Justice Department sees no basis for civil rights probe in Minnesota ICE shooting, official says

  • And on Tuesday, Deputy Attorney General Todd Blanche said in a statement that “there is currently no basis for a criminal civil rights investigation”

WASHINGTON: The Justice Department does not believe there is currently any basis to open a criminal civil rights investigation into the killing of a woman by a US Immigration and Customs Enforcement officer in Minneapolis, a top department official said Tuesday.
The decision to keep the Justice Department’s Civil Rights Division out of the investigation into the fatal shooting of Renee Good marks a sharp departure from past administrations, which have moved quickly to probe shootings of civilians by law enforcement officials for potential civil rights offenses.
While an FBI probe is ongoing, lawyers in the Civil Rights Division were informed last week that they would not play a role in the investigation at this time, according to two people familiar with the matter who spoke on the condition of anonymity to discuss internal department deliberations.
And on Tuesday, Deputy Attorney General Todd Blanche said in a statement that “there is currently no basis for a criminal civil rights investigation.” The statement, first reported by CNN, did not elaborate on how the department had reached a conclusion that no investigation was warranted.
Federal officials have said that the officer acted in self-defense and that the driver of the Honda was engaging in “an act of domestic terrorism” when she pulled forward toward him.
The quick pronouncement by administration officials before any meaningful investigation could be completed has raised concerns about the federal government’s determination to conduct a thorough review of the chain of events precipitating the shooting. Minnesota officials have also raised alarm after federal officials blocked state investigators from accessing evidence and declared that Minnesota has no jurisdiction to investigate the killing.
Also this week, roughly half a dozen federal prosecutors in Minnesota resigned and several supervisors in the criminal section of the Civil Rights Division in Washington gave notice of their departures amid turmoil over the federal probe, according to people familiar with the matter.
Among the departures in Minnesota is First Assistant US Attorney Joseph Thompson, who had been leading the sprawling investigation and prosecution of fraud schemes in the state, two other people said. At least four other prosecutors in the Minnesota US attorney’s office joined Thompson in resigning amid a period of tension in the office, the people said. The people spoke on the condition of anonymity to discuss personnel matters.
They are the latest in an exodus of career Justice Department attorneys who have resigned or been forced out over concerns over political pressure or shifting priorities under the Trump administration. Hundreds of Justice Department lawyers have been fired or have left voluntarily over the last year.
Minnesota Democratic lawmakers criticized the departures, with Sen. Amy Klobuchar, a member of the Senate Judiciary Committee, calling the resignations “a loss for our state and for public safety” and warning that prosecutions should not be driven by politics. Gov. Tim Walz said the departures raised concerns about political pressure on career Justice Department officials.
The resignations of the lawyers in the Civil Rights Division’s criminal section, including its chief, were announced to staff on Monday, days after lawyers were told the section would not be involved in the probe. The Justice Department on Tuesday said those prosecutors had requested to participate in an early retirement program “well before the events in Minnesota,” and added that “any suggestion to the contrary is false.”
Founded nearly 70 years ago, the Civil Rights Division has a long history of investigating shootings by law enforcement even though prosecutors typically need to clear a high bar to mount a criminal prosecution.
In prior administrations, the division has moved quickly to open and publicly announce such investigations, not only to reflect federal jurisdiction over potential civil rights violations but also in hopes of soothing community angst that sometimes accompanies shootings involving law enforcement.
“The level of grief, tension and anxiety on the ground in Minnesota is not surprising,” said Kristen Clarke, who led the Civil Rights Division under the Biden administration. “And historically the federal government has played an important role by being a neutral and impartial agency committing its resources to conducting a full and fair investigation, and the public loses out when that doesn’t happen,” she said.
In Minneapolis, for instance, the Justice Department during the first Trump administration opened a civil rights investigation into the 2020 death of George Floyd at the hands of city police officers that resulted in criminal charges. The Minneapolis Police Department was separately scrutinized by the Biden administration for potential systemic civil rights violations through what’s known as a “pattern or practice” investigation, a type of police reform inquiry that is out of favor in the current Trump administration Justice Department.