The deserter to NK should be in US custody right now
But, he's not...
I get emails all day long from Yahoo! News. I have a news 'pull' that keys on any mention of Korea in a news article that sends the headline and the first sentence to me in email form. For weeks, I've been getting articles about Robert Jenkins and his situation. Here's a link to the most recent oneLink . There's another here Link.
I know that I'm not alone is saying that Robert Jenkins should be in US custody right now. Health issues... I understand the humanitarian issue here, but as anyone can see in the article, he's still considered to be on active duty and that means that he could be in a military hospital right now. I don't know the name of the medical center in Japan for servicemembers, but I'm sure there is one. There's a fantastic hospital in Hawaii - oh, but that would mean upsetting the Japanese... They want the US to ignore the fact that he's a wanted man right now. That he allegedly deserted his unit and country. They want us to see how 'helpful' they were in apprehending and turning over Bobby Fischer. They want us to just forget that we have a treaty with them that specifically states we have the right to his custody.
His Japanese wife (and her mother - who is still unnacounted for) was abducted by North Korea and forced to help train agents to infiltrate both Japan and South Korea (and who knows where else). I feel for her and her family. I truly do. I can't imagine how horrible that experience was for her. At some point, she met Robert Jenkins and they got married and later had two daughters. Good for them. It changes nothing, though. My sympathy for her does not transfer to him.
His stateside family maintains his innocence. They claim he was kidnapped and brainwashed. Even though the military has evidence to prove otherwise. Now, they have not been allowed to examine the evidence, so they can not truly dispute it. I concede that point. The best they have received was what the Army told them what was written in the notes he allegedly left behind. They dispute the notes based on the name Jenkins signed to the notes. They claim that he goes by his middle name 'Robert' but the notes were signed Charles (his true first name). Well, I go by one name (a nickname) but still sign all documents with my real name. So, if that's all they got, I don't buy it. If the Army went to the trouble of forging notes, I think they would have gotten the name right. I mean, if he really went by Robert with his family, he most likely used the name with friends, too. That wouldn't have been missed by a forger. Another note gives the combination to his locker, so the field jacket inside can be given to another soldier. It could be forged, but that would require more effort than finding out what name to put on the note. I mean, the Army couldn't find out what name to put on the note, but could get the combo to his lock? I just don't buy it.
His family has gone so far as to petition the President to pardon Jenkins. He hasn't even been tried yet. But, again, I can see the why. If the President should step in, as the Commander in Chief, he can make a decision on how to (or whether to) prosecute the case. I doubt that the President will do this, though. He could very well estrange many military voters by doing this before the election and I hope that this will not stretch out until December when he (whoever that is) could act without worrying about (re)election.
In this day, when servicemembers are dying almost daily, we must demand custody and prosecute this case. The military can not be soft on deserters. It would set a dangerous precedent to allow Jenkins to go free without a Court Martial. If he is innocent of desertion and was truly kidnapped, then he can tell his story and be found innocent. There are other charges against the man - aiding the enemy, soliciting other servicemembers to desert, and encouraging disloyalty. The North Koreans used Jenkins to broadcast messages across the DMZ over loudspeakers to encourage other servicemembers to disregard their duty or desert to North Korea. He also acted in a propoganda movie as an evil American bad guy. Both acts could have been under duress. Again, if he's innocent, let him stand before a Court Martial and tell his story. On the positive side, if he is found innocent, he's got a lot of benefits coming his way (That may sound flippant, but it's the fact and I don't say it to be funny).
If he's found guilty, the sentence would depend on which charges he's actually found guilty of and the penalty could still be very minor (or even none at all). There are circumstances here that would allow flexibility in sentencing. Jenkins' health, his age, time served (I mean, how good could his life have been in North Korea? Better than the average North Korean's, but still), his ability to provide information about other soldiers thought to be deserters and also about North Korea itself (I doubt he was privy to their nuclear weapons program, but he could still have valuable information). All those factors could weigh on the sentencing.
He was a soldier before he was a husband to Hitomi Soga. He was a soldier before he was a father to two daughters. He still has to answer to the US Army. The US should ask for custody immediately, the Japanese government should live up to the treaty, and Robert Jenkins should face the music.