COMPREHENSIVE RESEARCH FILE
Case: United States v. First Lieutenant Michael Chase Behenna
Date: February 2009
Location: Camp Speicher, Iraq (north of Baghdad)
Charges: Premeditated murder (later convicted of unpremeditated murder)
Verdict: GUILTY of unpremeditated murder in a combat zone
Final Status: PARDONED by President Donald Trump (May 6, 2019)
SECTION 1: DEFENDANT PROFILE
1.1 Personal Information
| Field | Detail |
|---|---|
| <strong>Full Name</strong> | Michael Chase Behenna |
| <strong>Birth</strong> | May 18, 1983 |
| <strong>Age at Crime</strong> | 24 years old |
| <strong>Age at Court-Martial</strong> | 25 years old |
| <strong>Age at Pardon</strong> | 35 years old |
| <strong>Hometown</strong> | Oklahoma |
1.2 Family Background
Father: Scott Behenna
- FBI intelligence analyst
- Retired Oklahoma State Bureau of Investigation (OSBI) special agent
- Extensive law enforcement connections
Mother: Vicki Behenna
- Federal prosecutor
- Worked on Oklahoma City bombing case
- Led clemency and pardon campaign for son
1.3 Military Service
Branch: United States Army
Unit: 101st Airborne Division (Air Assault)
- 1st Battalion, 327th Infantry Regiment
- Delta Company, 5th Platoon (“Mad Dog 5”)
Rank: First Lieutenant
Role: Platoon leader (17-man platoon)
Base: Fort Campbell, Kentucky
Deployment: September 2007 – 2008, Iraq
1.4 Education
High School: Edmond North High School, Oklahoma (graduated 2002)
University: University of Central Oklahoma
- Graduated 2006
- Degree: General Studies
- Minors: History, Military Science
- Army ROTC participant
Military Training:
- Commissioned Second Lieutenant upon graduation
- Infantry Basic Officer Leadership Course, Fort Benning
- U.S. Army Ranger School (selected and completed)
SECTION 2: BACKGROUND EVENTS
2.1 Deployment and Operations
Area of Operations:
- Salahuddin Province, Iraq
- Towns: Mezra, Hajaj, Butoma (Albu Toma region)
- North of Baghdad, near Bayji and Tikrit
- Volatile area with heavy Al-Qaeda in Iraq activity
Counter-Insurgency Approach:
- Behenna made efforts to develop ties with local Iraqis
- Already fluent in Spanish, began teaching himself Arabic
- Hosted cookouts with platoon for local interpreters
- Engaged with civilians on the street
- Encouraged soldiers to learn Iraqi culture and eat local food
Soldier’s Comment:
“He would talk to random civilians, anyone. He was the type of guy that liked Iraqis. That was the only annoying thing about him. He was always about saving the country.”
2.2 The IED Attack (April 21, 2008)
Location: Iraq, north of Baghdad
Incident:
- Behenna’s platoon returning to base with two detainees
- Convoy struck by improvised explosive device (IED)
- One MRAP destroyed
Casualties:
- Specialist Adam Kohlhaas: Killed
- Specialist Steven Christofferson: Killed
- Several others grievously wounded
Impact on Behenna:
- Weighed heavily on him
- Broke down in tears during group therapy session
2.2 Ali Mansur Mohamed
Initial Detention (May 5, 2008):
- Intelligence linked Ali Mansur Mohamed to Al-Qaeda in Iraq
- Suspected involvement in April 21 IED attack
- Behenna’s platoon raided house in Butoma
Evidence Found:
- Ammunition cache
- RPK light machine gun
- Passport with Syrian visas
Release:
- Less than two weeks after detention
- Military intelligence had insufficient evidence
- Ordered released and returned to village
SECTION 3: THE KILLING
3.1 Date and Location
Date: May 16, 2008
Location: Railroad culvert near bridge in Baiji, Iraq (northern oil refinery town)
3.2 Authorized Mission
- Behenna’s platoon tasked with returning Mansur to checkpoint
- Orders: Return prisoner “as soon as possible”
3.3 Unauthorized Interrogation
Behenna’s Actions:
- Diverted from authorized return route
- Stopped at secluded bridge/culvert
- Conducted unauthorized interrogation
- Sought information on April 21 IED attack
Participants:
- Lieutenant Michael Behenna
- Staff Sergeant Warner
- Iraqi interpreter nicknamed “Harry”
3.4 The Killing (Per Interpreter Testimony)
Interpreter’s Account:
“Lieutenant Behenna started talking with Ali Mansur and Sergeant Warner followed them. Behenna and Warner started taking off Ali Mansur’s clothes with their knives. They then cut his handcuffs. Ali Mansur said I will talk to you but Lieutenant Behenna pulled trigger and killed him. Before we started the patrol, Lieutenant Behenna told to Ali Mansur ‘I will kill you’.”
Additional Details:
- Mansur stripped naked
- Bound and blindfolded during interrogation
- Behenna told Mansur it was his “last chance to tell the information or you will die”
- Shot twice (head and chest)
- Body left at scene
3.5 Aftermath
Cover-Up Attempt:
- Warner took grenade, pulled safety ring
- Placed grenade under Mansur’s head
- Clothes hidden
- Warner told platoon to report Mansur “had been released”
Discovery:
- Next day: Iraqi police found Mansur’s naked, burned body in culvert
- Behenna charged with murder
3.6 Behenna’s Version
Self-Defense Claim:
- Claimed Mansur lunged for his weapon during interrogation
- “I was scared Ali Mansur was going to take my weapon and use it against me”
- “This happened very fast”
Post-Incident Statements:
- Told other soldiers he would “do it again”
- Said he “did not feel bad about it because he just lost two guys”
SECTION 4: THE COURT-MARTIAL
4.1 Charges
Original Charge:
- Premeditated murder
Conviction:
- Unpremeditated murder in a combat zone
4.2 Timeline
July 31, 2008: Behenna relieved of command, charged
November 2008: Returned to Fort Campbell; assigned security duties pending trial
February 23, 2009: Trial begins (opening statements)
4.3 Location
Camp Speicher: North of Baghdad, Iraq
4.4 Defense Team
Attorney: Jack Zimmerman
- Former United States Marine
- Former military trial judge
- Vietnam veteran
- Hired by Behenna family after Article 32 hearing
4.5 Prosecution Team
Lead Prosecutor: Captain Erwin Roberts
4.6 Key Witnesses
Prosecution:
- Iraqi interpreter “Harry” (eyewitness)
- Staff Sergeant Warner (participant)
- Corporal Cody Atkinson
- Sergeant Milton Sanchez
Warner’s Plea Deal:
- Pleaded guilty to: assault, maltreatment of subordinate, making false statement
- In exchange: Not charged with premeditated murder
- Testified against Behenna
4.7 Witness Testimony
Corporal Atkinson:
- Behenna and Warner took Mansur under bridge
- Warner armed with grenade
- “Warner told us to write that Ali Mansur had been released”
Sergeant Sanchez:
- Behenna “did not think that we should release him”
4.8 Defense Arguments
- Behenna under acute stress disorder from IED attack
- During shooting, acted in self-defense
- Mansur lunged for weapon
4.9 Verdict
Finding: Guilty of unpremeditated murder in a combat zone
Sentence: 25 years imprisonment
4.10 Withheld Evidence Controversy
Defense Allegation:
- Prosecutors withheld evidence beneficial to defense
- Evidence allegedly supported self-defense claim
Court Ruling:
- Judge denied effort to overturn conviction on these grounds
- Army appellate court later “noted concern” about handling of self-defense claim
SECTION 5: APPEALS AND PAROLE
5.1 Sentence Reduction
Army Clemency and Parole Board:
- Reduced sentence from 25 years to 15 years
5.2 Parole
Date: March 14, 2014
Time Served: Less than 5 years of 15-year sentence
Remaining Parole: Would have continued until 2024 without pardon
5.3 Post-Prison Life
- Worked as farmhand
- Subject to parole restrictions
SECTION 6: PARDON CAMPAIGN
6.1 Family Efforts
Vicki Behenna (Mother):
- Led clemency and pardon campaign
- Used prosecutorial and legal expertise
- Coordinated with Oklahoma politicians
6.2 Political Support
Oklahoma Officials:
- Governor Mary Fallin (R) – former
- Attorney General Mike Hunter (R) – wrote letters to Trump administration
- Senator James Lankford (R)
- Senator James Inhofe (R)
- Multiple members of Oklahoma congressional delegation
6.3 Military Support
Brief Signatories:
- 37 generals and admirals
- Former Inspector General of Department of Defense
- Retired General Anthony Zinni (Trump’s former special envoy for Persian Gulf)
6.4 “Leavenworth 10” Association
- Behenna colloquially associated with group
- U.S. military personnel convicted of war crimes
- Advocacy for their release
SECTION 7: PRESIDENTIAL PARDON
7.1 The Pardon
Date: May 6, 2019
Type: Full and unconditional pardon (Executive Grant of Clemency)
Announced By: White House Press Secretary Sarah Sanders
7.2 White House Statement
Key Points:
- Cited appellate court concern about self-defense handling
- Noted sentence reduction and early parole
- Cited 37 generals/admirals supporting self-defense claim
- Called Behenna “model prisoner”
- Said Behenna “entirely deserving of this Grant of Executive Clemency”
7.3 Behenna’s Reaction
Phone Call with Trump:
- Initially missed White House call (speaking with father)
- Called back to speak with President
- “My heart was beating fast. I had big ol’ tears in my eyes.”
- Trump said case “came highly recommended” with “a lot of support”
7.4 Behenna’s Statement
“Although this is a time of great joy for my family, we as a country must never forget Adam Kohlhaas and Steven Christofferson and all those who gave their lives in service of this great nation.”
7.5 Criticism
ACLU (Hina Shamsi, National Security Project Director):
“This pardon is a presidential endorsement of a murder that violated the military’s own code of justice. Trump, as Commander-in-Chief, and top military leaders should prevent war crimes, not endorse or excuse them.”
SECTION 8: IMPACT AND SIGNIFICANCE
8.1 Post-Pardon Life
Current Status:
- Works as ranch hand/farmhand in Oklahoma
- Pardon cleared criminal record
- No longer subject to parole restrictions
- Able to vote, hold political office, obtain certain jobs
- Sought pardon partly to be able to adopt a child
8.2 Staff Sergeant Warner
Plea Deal Outcome:
- Pleaded guilty to assault, maltreatment of subordinate, making false statement
- Testified against Behenna
- Avoided premeditated murder charge
- Received lesser sentence than Behenna
8.3 Pattern of War Crimes Pardons
Trump Administration:
- Behenna pardon (May 2019) preceded others
- Clint Lorance pardon (November 2019)
- Matthew Golsteyn pardon (November 2019)
- Eddie Gallagher intervention (2019)
- Blackwater contractors pardon (December 2020)
8.2 Debate Over Pardons
Supporters:
- Combat stress and PTSD
- Difficult decisions in war zones
- Insufficient support for veterans
Critics:
- Undermines military justice
- Endorses war crimes
- Damages U.S. reputation
- Violates rules of engagement
8.3 Questions Raised
- Unauthorized interrogations
- Treatment of detainees
- Self-defense claims in custody situations
- Prosecutorial disclosure obligations
SECTION 9: SOURCE BIBLIOGRAPHY
Primary Sources
- Court-martial transcript
- Military court filings
- Executive Grant of Clemency (May 6, 2019)
Media Sources
- The Washington Post
- NPR
- CNN
- ABC News
- The New York Times
- TIME Magazine
- Newsweek
- The Oklahoman
Legal Documents
- Army appellate court findings
- Clemency petitions
SECTION 10: ABOUT THE COURT-MARTIAL
The Michael Behenna court-martial represents one of the more controversial war crimes prosecutions from the Iraq War. Behenna, an Army Ranger whose platoon suffered devastating losses in an IED attack, killed a detainee he believed responsible during an unauthorized interrogation. While Behenna claimed self-defense, eyewitness testimony described a deliberate execution of a naked, bound prisoner. The case raised questions about the psychological toll of combat, the handling of suspected insurgents, and the adequacy of prosecutorial disclosure. Behenna’s pardon by President Trump was supported by Oklahoma’s political establishment and dozens of retired military officers, but criticized by human rights advocates as endorsing war crimes. The case became part of a broader pattern of Trump administration pardons for service members convicted or accused of war crimes, sparking debate about accountability versus support for combat veterans.
Research compiled from multiple verified historical and journalistic sources.