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Prove some kind of intent on the part of the American personel. Prove that those men weren't the enemy. Prove they weren't armed--one of them is carrying what appears to be what looks like a squad machine gun. Give us the identification and credible back ground information on every person that was fired upon in that group and prove that they didn't have and never did have any kind of connection to any insurgent group operating in Iraq.
You're all about due process, right? I'm not a lawyer--far from it--but if I was a jury member, those are the questions that I would want answered before I called these men guilty of a crime.
One of them was a journalist... they know who he was with and what he was doing.