King Spalding LLP Kine & SPALDING TOS suite 200 Washington, DC. 20006-4707 Tait a2 370800 Fox 112006269797 www kta com John C. Richter Partner Direct Dial: +1 202 626 $617 Direct Fax: +1 202 626 3737 Mobile: +1 405 763 8635 srichter@kslaw.com January 17, 2018 VIA OVERNIGHT MAIL US. Army Office of the Pardon Attorney Secretary of the Army 145 N Street N.E. Department of the Army Room 5E.508 ATTN: OTJAG-CLD Washington, D.C. 20530 Pentagon Washington, D.C. 20310 Re: Presidential Pardon Application for Michael C. Behenna Dear Mr. Secretary, Mr. Pardon Attorney and to whom it may concern: We represent former Army Ranger Lt. Michael Chase Behenna in seeking a Presidential pardon. Lt, Behenna was a young and accomplished Ranger who killed a suspected terrorist during an intettogation in a war zone in Iraq. According to US Army intelligence, the man Lt. Behenna killed was a suspected member of an Al Qaeda cell thought to have been responsible for a recent, brutal IED attack that killed two of Lt. Behenna’s brothers-in-arms. Notwithstanding that Lt Behenna believed he was acting in self-defense, he was convicted of unpremeditated murder by the US. Army that he served and spent five years in prison at Fort Leavenworth. Because of the ‘extenuating circumstances of this offense, Lt. Behenna’s honorable service and clean record before and since conviction, we seck Presidential pardon and restoration of his sights as an American citizen. Sterling Chas Re ‘The eldest of three brothers, Michael Behenna grew up in Edmond, Oklahoma, a small town just north of Oklahoma City. From an early age he was taught the value of public service, sacrifice and duty. When he was four years old, his father, a Special Agent with the Oklahoma Bureau of Investigation, was shot in the line of duty. When he was twelve, his little league baseball coach was killed in the Oklahoma City bombing, His mother, Vicki, an Assistant U.S. Attorney in Oklahoma City, was one of the federal prosecutors that brought Timothy McVeigh to justice.king & Spalding LP Kine & SPALDING Tere Suite200 Washingon, D.C, 20006-4707 Ter #1 2027370500 Poe 112026263737 ror ksancom John C. Richter Partner Direct Dial: +1 202 626 5617 Diet Fax: +1 202 6263737 Mobile: +1 405 763 8635, Jrichter@kslaw.com January 17, 2018 VIA OVERNIGHT MAIL US, Army Secretary of the Army Department of the Army ATTN: OTJAG-CLD Pentagon Washington, D.C. 20310 Re: Presidential Pardon Application for Michael C, Behenna Dear Mr. Secretary and to whom it may concern: We represent former Army Ranger Lt. Michael Chase Behenna in seeking a Presidential pardon. Lt, Behenna was a young and accomplished Ranger who killed a suspected terrorist during aan interrogation in a wat zone in Iraq. According to US Army intelligence, the man Lt. Behenna killed was a suspected member of an Al Queda cell thought to have been responsible for a recent, brutal IED attack that killed two of Lt. Behenna’s brothers-in-arms. Notwithstanding that Lt. Behenna believed he was acting in self-defense, he was convicted of unpremeditated murder by the US. Army that he served and spent five years in prison at Fort Leavenworth. Because of the extenuating circumstances of this offense, Lt. Behenna’s honorable service and clean record before and since conviction, we seek a Presidential pardon and restoration of his rights as an American citizen. His cter and Re ‘The eldest of three brothers, Michael Behenna gtew up in Edmond, Oklahoma, a small town just north of Oklahoma City. From an eatly age he was taught the value of public service, sacrifice and duty. When he was four years old, his father, a Special Agent with the Oklahoma Bureau of Investigation, was shot in the line of duty. When he was twelve, his little league baseball coach was killed in the Oklahoma City bombing, His mother, Vicki, an Assistant U.S. Attorney in Oklahoma City, was one of the federal prosecutors that brought Timothy McVeigh to justice.Michael Behenna Pardon Petition January 17, 2018 Page 2 Michael was a senior at Edmond North High School, when terrorists struck the United States on September 11, 2001. A good student who played football and basketball, he was deeply moved by the attack and wanted to enlist immediately in the Army. His parents, however, convinced him to go to college fitst. He enrolled at the University of Central Oklahoma and joined ROTC, committing himself to serve his Nation in a time of war. At UCO, he was specially selected as only one of the very few cadets sent to Army Airborne School, where he learned how to jump out of aitcraft into combat. He then selected the infantry because that would provide him the best chance to serve his country in combat. He did this even though this added a further three years to his already-four year military service commitment. Upon graduation, he was commissioned a second lieutenant and was sent for a year of rigorous training. He eared honors at the Basic Officer Leader Course, a recognition earned by fewer than ten percent of officers. He attended the Infantry Officer Basic Course, during which also volunteered and mentored a Congolese exchange student in the Course. Michael then earned the sight, based on his mental and physical capabilities and exemplary character, to attend Army Ranger School. For a soldier like Michael, admittance to and success in Ranger School was the epitome of military service. He excelled during Ranger School, showing great promise as a leader and having the requisite stamina and strength to excel in the most strenuous combat situations. And, in March 2007, now no longer just Michael, Lt. Behenna achieved what over half of his fellow infantry lieutenants could not—he graduated, eatning the coveted Black and Gold Ranger tab. He then was selected to join the famed 101" Airborne Division, 1" Battalion, 327" Infantry Regiment and sent to Air Assault School, whete he was ttained for combat helicopter operations. Following Air Assault School, Lt. Behenna joined his unit and was selected to lead a newly created heavy weapons platoon. Just 23-years-old, he was entrusted with the lives of 18 men and millions of dollars’ worth of government equipment, including several newly-issued Mine Resistant Ambush Protected (MRAP) trucks. The unit he took over, the 5" Platoon of Delta Company, was new and hastily assembled from whichever soldiers other platoons were willing to give up. Like their lieutenant, most of the platoon had never seen combat. Lt. Behenna had less than two months to get his platoon ready for combat, but relished this challenge and quickly developed his men into a capable and respected force. His superiors praised his leadership, noting his “remarkable performance as platoon leader” and recommending him immediately for promotion to Captain. Equally notable, Lt. Behenna’s subordinates also praised his leadership — a ratity for young officers who often struggle to strike the tight balance between leading and listening. Behenna grew close to his men. He ate with them and played basketball and cards with them. He lifted weights with 26-year-old Specialist (Spe:) Adam Kohlhaas and became a mentot to 20-year-old Specialist Steven Christofferson, giving him an Arabic phrase book so that he could learn the language. As proud as they were of his success, Lt. Behenna’s parents prayed he and his men would not have to see combat. Just months into his service with the 101" Airborne, in September 2007Michael Behenna Pardon Petition Januaty 17, 2018 Page 3 however, he was deployed to Iraq along with his famous battalion, nicknamed the “Bastogne Bulldogs” for its remarkable defense of the city during World War Il. Lt. Behenna deeply internalized the weight of the responsibility of leading soldiers into combat. He promised each of them, somewhat idealistically, that he would bring them home alive. Operation Iraqi Counter- ni This deployment came at a critical time during General Petracus’ “Surge” in Operation Iragi Freedom. The insurgency by Al-Qaeda-inspired terrorists was at its height. Lt. Behenna’s platoon was sent to Forward Operating Base (FOB) Summerall, a small outpost near Bayji, in the highly dangerous and volatile “Sunni Triangle.” Bayji was a target for the insurgency, as it was the home to the largest oil refinery in Iraq, Insurgents regularly attacked U.S. and Iraqi government forces and then quickly blended back into the civilian population. U.S. forces, therefore, often struggled to determine friend from foe. Lt. Behenna excelled in this unforgiving environment. Secking to “win the hearts and minds,” he spent a great deal of time cultivating relationships with the Iraqi people in the areas he and his platoon patrolled. He understood that to be effective, he had to embed his platoon in the local population so as to be able to tell, as much as possible, whom they should be helping and whom they should be fighting. He also understood that approach could produce valuable intelligence that he would need to protect his men. While US. intelligence operatives regularly generated reports, Lt. Behenna determined that the only way to really understand the threat landscape was to learn from the people who lived there. Lt, Behenna’s company commander stated that Michael had “quickly formed the best relationships with Iragi leaders of any of my platoon leaders.” He developed a working knowledge of Arabic and showed respect for Iraqi culture by regularly sitting down with local leaders, most notably the pro-American Sheikh Hamad. Lt. Behenna’s commanders also recognized his effectiveness with local Iraqi fighting forces, stating that he had been “extremely successful at partnering with Iraqi Security Forces,” which included local Iragi police and two chapters of the “Sons of Iraq,” a loose affiliation of paramilitary units led by local sheikhs. the Bs aes ttack Almost eight months into his deployment, on April 21, 2008, Lt. Behenna’s platoon was struck by a massive IED. After a mission to a village in the desert looking for insurgents, they were headed back to FOB Summerall in three MRAP trucks. ‘The IED hit the last MRAP, blowing the 18:ton truck end-over-end more than 75 feet from the initial point of the blast. ‘The men in the other MRAPs saw a cloud of dust, smoke, and fire and immense pieces of machinery raining down on the desert floor. Earlier that day, Spe. Christofferson had lost a coin toss and had to man the gun turret on top of the third MRAP. So exposed, the blast cut his body in half, The IED had also blown Spe. Kohihaas out of the vehicle. Unlike Spe. Christofferson, Spe. Kohlhaas did not appear to beMichael Behenna Pardon Petition January 17, 2018 Page 4 grievously wounded. But as Lt. Behenna performed CPR, it became apparent Spe. Koblhaas had suffered massive internal injuries. Lt, Behenna could not save him. Perry Meeks, the platoon sergeant and the second-in-command, suffered disfiguring wounds to his face and head and was evacuated. The platoon’s medic, Jason Sigmon, drifted in and out of consciousness from the blast, but continued to work on the wounded. The Iraqi interpreter, whose lower legs were blown off, was given a Fentanyl “lollipop” to dull the pain as he died. When the dust cleared, two American soldiers, an Iragi militiaman, and an Iraqi interpreter lay dead. Lt. Behenna’s platoon sergeant had been evacuated to Germany. Other members of the platoon suffered injuries — physical and psychological. Lt, Behenna was devastated. He had failed in his promise to bring his platoon home safely. Te shattered him to think of trying to explain the unexplainable to Spe. Kohlhaas’ wife and infant daughter and to Spe. Chtistofferson’s devoted single mother. In his mind, he had failed his men and failed the Iraqis whom he was sworn to protect. Michael retreated inward, talked little, and slept less in the days and weeks following the attack. He was deeply traumatized. A psychiatrist would later determine, unsurprisingly, that he suffered from Acute Distress Disorder, with strong dissociative symptoms. ture of Al 1 insur As other men in the platoon began to adjust to the new reality of the loss of their brothers, Lt. Behenna shifted his focus. Like his mother, the federal prosecutor, and his father, the law enforcement agent, he wanted justice. He wanted to find and arrest the terrorists responsible for the deaths of his men, And, he wanted to learn more about that cell so that he could prevent any additional attacks. Prior to the April 21 attack, Lt. Behenna heard of a suspected Al-Qaeda terrorist named Ali Mansur. The platoon had detained an Al Queda operative named Jassim, who had desctibed an Al- Queda cell operating in their atea. Jassim had identified an Iraqi policeman named Ali Mansur as a member of this cell. The platoon had also previously received a warning while on patrol that it was being targeted by a cell that included Mansur. In response to that warning, Lt. Behenna changed the route and made it back to FOB Summerall without incident. Another time, Lt. Behenna received a cell phone call from an unknown number in which someone identifying himself as “Ali? warned him that they should never come to Albu Toma (a city just south of Bayji) or “something bad will happen to yout platoon.” ‘Thus, Lt, Behenna was not surprised a week after the attack when he was provided an Atmy intelligence report that identified Mansur as an operative who was part of an Al-Qaeda cell in operations area that had conducted kidnappings, murders, and IED attacks against U.S. and allied Iraqi forces, including the one that killed Specialists Kohlhaas and Christofferson. Specifically, the report stated that Mansur was an explosives transporter and lookout who reported on American force movements. In addition, Sheik Hamad also identified Mansur as an Al-Qaeda operative. OnMichael Behenna Pardon Petition January 17, 2018 Page § May 5, 2008, the platoon found Mansur at his house along with numerous weapons, including an illegal RPK machine gun and an Iraqi passport stamped with two trips to Syria, a known training ground for tettorists. The platoon seized the evidence along with Mansur and transported him back to FOB Summerall, earning the praise of one of the higher ranking officers in the battalion, ‘Thereafter, Lt. Behenna’s chain of command ordered that Mansur be sent for questioning to the brigade detainee holding area (DHA), a higher-level facility designed for detainees who were thought to be particularly dangerous or to have important intelligence value. Less than two weeks later, Lt. Behenna learned that Mansur had been sent back to FOB ‘Summerall for release. He reviewed the reports from the interrogation of Mansur, Shockingly, the reports showed that interrogators at the DHA had failed to ask even basic questions about Mansut’s links to Al-Qaeda or his involvement in the IED attack that had taken the lives of Lt. Behenna’s men. Instead, the questioners had only asked about the machine gun found at the place of capture. Lt. Behenna was understandably shocked, confused and angry. He turned, therefore, to a trained interrogator at FOB Summerall, Sgt. Lee. With Lt. Bchenna observing, Sgt. Lee questioned Mansur. Sgt. Lee assessed that Mansur was deceptive and likely involved in the insurgency. When asked why this information and line of questioning had not been collected ot exploited at DHA, Sgt. Lee bluntly stated that “the DHA interrogators were jaded and not very thorough.” To his credit, Sgt Lee recommended that Mansur be sent back to the DHA for further interrogation, Unfortunately, Lt. Behenna’s chain of command decided otherwise. Under the “catch and release” policy in effect at the time, suspected terrorists were detained beyond initial questioning only if the military had conclusive evidence—such as “photographs of the detainee at the crime scene” of “statements written by first-hand witnesses to the criminal activity.” Notwithstanding that this was a war zone, this policy had the effect of ensuring that thousands of insurgents with the blood of American soldiers on their hands were repeatedly released. In this case, DHA had failed to conduct any investigation of the IED attack that could provide a basis to hold Mansur under this policy. ‘Those who deployed as part of Operation Iraqi Freedom understand the frustration that Lt. Behenna felt by the decision to release Mansur. American soldiers frequently encountered repeat offenders on the battlefield. Intellectually, Lt. Behenna understood the limits of the Army's ability to investigate in a war zone. It was one thing, however, to fully exploit a detainee and then have to release him. But it was another thing to telease a detainee suspected of involvement in an IED attack that killed American soldiers without even a cursory inquiry into whether Mansur was responsible or knew who was. Releasing Mansur under these circumstances was grossly irresponsible. Lt Behenna made his feelings known to his commander. He expressed his frustration and concern with the decision to release Mansur and the unnecessary tisk this would pose to his men. Moreover, his commander knew of the drastic change in Lt. Behenna’s state of mind following the attack. He no longer smiled ot joked. Asked about Lt. Behenna after the events, another officerMichael Behenna Pardon Petition Jaenuary 17, 2018 Page 6 stated that Lt, Behenna was in no mental condition to lead a platoon. Still, the commander chose Lt. Behenna and his platoon to return Mansur to his home. During questioning, the commander justified his order by arguing that every Army officer should be able to follow orders even when he disagrees. In theory, this is true. In the reality of Operation Iraqi Freedom, this order did the Army, Lt. Behenna, and the men of 5" Platoon, Delta Company a terrible disservice. First, it meant that Mansur would be released and, therefore, likely be able to again plot to kill to American Soldiers Second, it meant that Mansur would be released without any real operational intelligence having been developed that could help the Army eliminate the cell. ‘Third, it meant that Mansur was being released to the custody of platoon he was reported to have attacked. And, finally, it meant that he was being released to the custody of Lt. Behenna, who was suffering personally and had expressed deep concems about the release and the failure by the Army to take the actions necessary to reduce the tisk Mansur posed to him and his men. ‘That Lt. Bchenna failed to live up to the theoretical ideal his commanding officer claimed is indisputable. Deeply concemed about Mansur’s connection to the local Al-Qaeda cell and responsibility for the devastating attack on his men, Lt. Behenna took it upon himself to ty to get the information that DHA had failed to develop. He decided to make one last desperate attempt to {question Mansur before release. ‘The platoon loaded up the MRAPs and went out to patrol and to release Mansur. As dusk fell, Lt. Behenna ordered the platoon to stop along the berm of a defunct railroad track. Lt. Behenna planned to interrogate Mansur and then release him to a nearby Iraqi checkpoint. With his Iragi interpreter, and his new squad leader, Staff Sergeant Hal Warner, Lt. Behenna pulled Mansur out and took him down next to the culvert. There, Lt. Behenna undid the bonds that held Mansur, and conducted two unauthorized interrogation techniques, which Lt. Behenna fully recognizes were terrible errors of judgment. Fist, he sttipped Mansur to make him feel vulnerable. When Mansur denied any knowledge of the IED attack or the Al-Qaeda cell, Lt. Behenna then pulled out his service pistol and threatened him, hoping that this would compel Mansur to talk. In the face of this threat, instead of another denial, Mansur said — in Arabic — “I will talk.” Lt, Behenna did not fully understand the reply. He only understood that it was different than the previous denials. Lt. Behenna turned to the interpreter for a translation. As he turned, however, he heatd a piece of concrete hit the culvert near his head. As he turned back, he saw Mansur standing and reaching for his pistol. Lt. Behenna reacted as he had been trained. He didn’t run. He stepped to one side to create distance and fited a controlled pair of shots, hitting Mansur first in the chest and then in the head. What had begun as a desperate last attempt to gather mote information to protect his men instead had devolved into more death. In May 2008, the U.S. military was in a tough position as a result of killings of innocent Iragi civilians by other units. For example, in the aftermath of the alleged killing of civilians in Haditha by American Marines, the media reported that the commanders there had “fostered a climate thatMichael Behenna Pardon Petition January 17, 2018 Page 7 devalued the life of innocent Iraqis to the point that their deaths were considered an insignificant part of the war.” In this environment, the Army moved swiftly against Lt. Behenna. Despite the ambiguity of the evidence, the intelligence showing Mansur to be an Al-Queda terrorist and the other substantial ‘mitigating circumstances surrounding this shooting, the Army chose to charge Lt. Behenna with premeditated murder and making a false declaration about the events. ‘The battalion commander admitted that this action “pulled our asses out of the fire.” ‘The Trial At trial, the prosecution contended that Lt. Behenna killed Mansur in an act of vengeance and argued that Mansur was seated at the time of the shooting. The defense argued that Lt. Behenna shot him in self-defense and that Mansur was standing and had reached for Lt. Behenna’s pistol. ‘The critical issue, therefore, came down to a split second in the Iraqi desert. ‘To support their case, the prosecution hired renowned forensic expert, Dr. Hetbert MacDonell. Dr. MacDonell reviewed the bulk of the physical evidence after the tial started and listened to the testimony from the gallery. In a meeting with prosecutors the night before he was scheduled to testify, he explained that the ballistics evidence pointed to only one logical explanation —that Mansur had been standing with his arm reaching toward Lt. Behenna when the first shot was fired. Ds. McDonell then explained that the ballistics evidence showed that the second bullet struck Mansur’s head at an angle and trajectory that was consistent with Mansur falling after being hit in the chest by the first shot. As this renowned expert had reached a conclusion contrary to their theory, the prosecutors chose not to call him to testify and instead tested their case. More troublingly, they also did not disclose this potentially exculpatory evidence to the defense. The following day, in support of his defense, Lt. Behenna took the stand. Dr, MacDonell listened as Lt. Behenna described the events. He testified that “als I had my head turned toward the left, I hear a sound of a piece of broken concrete hitting concrete over my left shoulder Immediately, I turned toward my — to my right . . . Ali is getting up with hands out toward my weapon. I stepped to the left and fired two shots.” Upon hearing this, Dt. MacDonell tapped the shoulder of a member of the prosecution team and said “[t]hat’s exactly what I told you yesterday.” (On the way out of the courtroom at the end of the day, Dr. MacDonell also told Lt. Behenna’s lead counsel that “[iJ’s too bad I am not testifying. I would have made a great witness for you.” ‘The ‘next morning, the defense raised what Dr. MacDonell had said and asked the prosecutors if they had any exculpatory information to provide. ‘The prosecutors claimed they did not. ‘That afternoon, Dr. MacDonell emailed the lead prosecutor: On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the two shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. Tam sure that had I testified I would have wanted to give my reenactment so the jury could have had the option ofMichael Behenna Pardon Petition January 17, 2018 Page 8 considering how well the defendant's story fit with the physical facts. This, of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed [defense counsel] of my findings. It certainly appears like Brady material to me. ‘The prosecutor later stated that he did not see the email until later that evening, after the jury had delivered its verdict. ‘The jury found Lt. Behenna not guilty of making a false declaration, and not guilty of premeditated murder. ‘The juty found him guilty of the lesser-included offense of unpremeditated murder, ‘That same night, the prosecutor forwarded Dr. MacDonell’s email to the defense, The defense moved for a mistrial the next morning. ‘The trial judge denied the motion and sentenced Lt. Behenna to 25 years in ptison. ‘The convening authority later reduced this to 20 yeats Lt. Behenna appealed for a new trial. By a narrow 3-2 vote, the Court of Appeals for the Armed Forces denied his appeal holding that he had forfeited his right to self-defense as a matter of law because he had his pistol trained on Mansur. ‘The three-judge majority reasoned that, therefore, the Brady Constitutional violation — the failure of the prosecution to timely provide the defense with exculpatory information — was harmless error. ‘The two judges in dissent argued strenuously that the question of self-defense was a factual one for the jury, that the Brady violation was material and that Lt. Behenna deserved a new trial, ‘The point here is not to relitigate the legal issues. Lt, Behenna received his day in court and the courts determined that he must be held legally responsible for Mansur’s death. He has accepted the courts’ decision. Still, by acquitting him of premeditated murder, the jury flatly rejected the government’s theory that Lt. Behenna intended to kill Mansur when he took him to the culvert and questioned him. And Lt. Behenna believed that he had to defend himself, even if the law said ultimately that he had forfeited his right to do so under the circumstances. As 37 retired general, admirals, and the former Inspector General of the Department of Defense stated in an amicus brief in support of him, Lt. Behenna would have been “derelict of duty nof to use his weapon to defend himself.” Leavenworth ‘When a young man heads to war, he necessarily understands that he may have to give life or limb for his country. Giving up liberty and being dismissed in disgtace generally is not contemplated. Following conviction and no longer a lieutenant, Michael Behenna was sent to prison at Ft, Leavenworth. He accepted responsibilty for the mistakes and misjudgments he made. He grappled with the deep implications of having taken another man’s life. He established a rigorous schedule, including working his way through a formidable reading list and staying in strong physical condition. But importantly, he did not simply focus on himself. He again showed the natural gift he had shown as a platoon leader, mentoring other inmates and helping them work through their problems and concerns. He often mediated conflicts between inmates. He even petitioned hisMichael Behenna Pardon Petition Januaty 17, 2018 Page 9 mother, the former federal prosecutor, to help fellow inmates find pro bono attorneys to represent them in everything from appeals to custody and family issues. During the clemency and patole process, the outpouring of support for Michael from everyday Americans, cuttent servicemembers and veterans, and national and state leaders was immense, Governor Mary Fallin, Senator James Inhofe, Senator James Lankford, and the entire Oklahoma Congressional delegation also wrote letters urging his release. Senior Oklahoma law enforcement officials, including the Director of the Oklahoma State Bureau of Investigation, the Oklahoma County District Attorney, the Oklahoma County Sheriff, and the Edmond Chief of Police (a retired FBI Special Agent in Charge) likewise wrote in support of release. ‘They all pointed ‘out the unique circumstances of this case and the fact that Michael was a good man, who had sactificed tremendously in service to his Country and who posed no danger to society. ‘They pointed out that while his charges were pending, the Army still saw Michael as a valuable officer, assigning him to work directly with the Sectet Service's President Protective Detail on then President Bush’s visit to Ft. Campbell, Kentucky in 2008. As a result, the Army Clemency and Parole Board reduced Michael's sentence of 20 years to 15 years. And, recognizing the extraordinary mitigating circumstances of this case, the Board thereafter paroled Michael as soon as he was eligible. On March 14, 2014, Michael, therefore, was released from prison. Michael's Life Now Since his release, Michael has lived peacefully and honestly. He works on a large ranch in northern Oklahoma and is learning the everyday trials and tribulations of being a rancher. With help from is family, he also purchased a piece of land where he is raising goats and other animals. Michael finds great peace in rising early and putting in a hard day of work in the hot sun. ‘Then each night he makes himself supper before sitting outside on his patio to watch the deer and wild turkey ctoss the road near his home. He has never missed his reporting obligations with his parole officer, Lisa ‘Terrell. He has traveled with his family and friends and was even granted the privilege of traveling overseas to visit family shortly after being released on parole, He enjoys his time with his brothers and his sister-in- law, niece, and nephew. Since his release, Michael has continued to give of himself in service of others. He has volunteered his time to feed the homeless at the Salvation Army. He has been involved in fundraising events for the Oklahoma Innocence Project. The Oklahoma County District Attorney's Office has asked Michael to mentor veterans who have been diverted to the Veterans Court, which he intends to do soon now that he has stabilized his life and career. He has also expressed interest in volunteering with the Oklahoma State Equine Assisted ‘Therapy program, which connects veterans who are emotionally struggling with horses. Finally, he assisted an indigent elderly woman in moving to a new residence after she was evicted from het home.Michael Behenna Pardon Petition January 17, 2018 Page 10 Request for Presidential Pardon We seck a Presidential Pardon for Michael so that he can regain his civil rights as American citizen. He understands and fully accepts that he made grave errors in judgment that led to the death of Mansur. He lives with the realization that his actions not only did not help, but ultimately hurt, his platoon and the men he so proudly led. He has expressed full remorse for his actions. Michael remains on parole under his current sentence until 2024. Under non-binding Department of Justice guidelines, parolees generally should not apply for a pardon until they complete their sentences. Also, convicted felons are expected to wait five years following release before applying for a pardon. The purpose of these guidelines is to give the petitioner “a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life.” This makes sense in the ordinary case involving an individual who has been convicted of federal offense in a civilian case. But this is far from the ordinary case. The circumstances surrounding Michael's conviction are far removed from anything he will encounter in civilian life. He has paid a high price for his decisions and actions while in service to his country. He had an impeccable and exemplary record rior to the incident. And, he has kept a clean and honest record since his conviction and in the three years since his release. He has demonstrated already, therefore, his capacity to lead a productive and law-abiding life. As evidenced by the show of support from hundreds of neighbors and friends who know and love him, as well as from the Governor of Oklahoma, its two Senators, the rest of Oklahoma’s Congressional delegation, and many senior law enforcement officials in Oklahoma, this is a “most exceptional circumstance” that qualifies for considetation of the pardon on the merits now. Under long-recognized Supreme Court precedent, the President’s pardon power under the Constitution “may be exercised at any time after [an offense is committed] . . ..”. Ex Parte Garland, 71 US. 333, 334 (1866). We think it is time for America, for whom Michael gave so much, to forgive him and restore his full rights as an American citizen. We, therefore, respectfully and humbly request that the Army and Department of Justice recommend, and that the President pardon, Michael Behenna. Sincerely, tell eX hn C. Richter Daniel C. Sale Matthew R. WeybrechtMichael Behenna Pardon Petition January 17, 2018 Page 11 ce: Vicki Behenna, Esq. Scott Behenna W. Brett Behenna, Esq.