If proved guilty, 64-year old alleged deserter Sergeant Robert Jenkins......deserves the death penalty. True, the maximum he now faces is life, which is a shame.
Call me a hardass if you will, but 40 years ago, he knew damn well what he was doing when defecting to North Korea, a country at which were were then, and still are at war (the cessation of hostilities on the Korean peninsula in 1953 did not end the de facto war, it just stopped hostilities between the combatants). When a soldier deserts his post in a war zone and defects to the enemy, he becomes a traitor and deserves the ultimate punishment.
The fact that Sgt. Jenkins has aged considerably and is quite feebler and frailer than in his youth is of no consequence, particularly if the following are true, as reported in the
Boston Globe:
Jenkins is charged with deserting his unit along the demilitarized zone in January 1965 and defecting to the North, where he lived for 39 years. He is one of four suspected American deserters the Pentagon had confirmed were in the North. Two have since reportedly died.
He faces a maximum sentence of life in prison.
Major John Amberg, a Zama spokesman, said Jenkins is also charged with two counts of encouraging disloyalty, one of aiding the enemy, and two of soliciting others to desert.
While in North Korea, he made propaganda broadcasts, played devilish Americans in anti-US films, and taught English at a school for spies. Suspicions have been raised that he might also have been involved in the brutal interrogations of US sailors captured in the 1968 USS Pueblo incident.
Don't get me wrong. While the system should be able to charge him with the death penalty, I'd probably be okay with a presidential commutation of sentence to life in prison, or perhaps under the circumstances, a term of 10-15 years. The dictates of justice call for punishing the crime and sending a strong signal of deterrance to would-be deserters in the future in our military. The interests of mercy, however, would allow for presidential clemency.
In an ongoing war on terror it is woefully weak-willed to show an unwillingness to harshly punish desertion, especially when it is accompanied by the freely-willed defection to an enemy of the United States. Congress should, but probably won't work to correct this error in the military justice system.
I close, however, on this caveat. Should the evidence prove that Jenkins was kidnapped and brainwashed, let's say, and he is acquitted of the charges against him, then justice has been done and he should go and live the rest of his days in peace. I'm fairly confident a full and fair rendering of the case will prove the exact opposite however. Hopefully the members of the court martial will be fully prepared to do the hard but necessary duty of meting out the strongest punishment possible, and with it, the strongest message possible: growing old during your tenure as a fugitive from justice does not in and of itself excuse you from the hefty consequences of your misdeeds.
###