On March 27, 2008, the University of Utah held this discussion in the Hinckley Caucus Room with U.S. Army Chaplain, Captain James Yee. Yee’s story is an example of what most people fear are inevitable injustices of USA PATRIOT Act. Yee was detained in a U.S. Naval Brig, without evidence or ability to speak with legal representation, for 76 days in solitary confinement under conditions of sensory deprivation –a mild form of torture. Upon eventual release, his detainment was found to be undocumented; there was no evidence to show that he was not still holding his position in the military detainment centers of Guantanamo Bay. Based upon the workings of the chain of command in the U.S. military, Yee believes either the President or the Secretary of Defense must have authorized that he be declared an “enemy combatant.” Presumably, this declaration of status is what legally justifies the secret arrest of a U.S. citizen or soldier. His detainment is not officially acknowledged or denied, and no apology or amends have been made. Yee is lucky to be alive today, and lucky to be relatively free.
Captain James Yusef Yee is a third generation Chinese-American, and third generation soldier for the U.S. Armed Forces. His grandfather fought in World War II and his father served in the Vietnam conflict. Yee graduated from West Point in 1990, where his emphasized studies were in Air Defense Artillery and Nuclear Missiles. Although Yee was raised Lutheran, in 1991 he converted to Islam and even journeyed to Mecca. In January 2001, Yee became the tenth to twelfth Muslim Chaplain in the history of the U.S. Army. At Ft. Lewis Washington he taught Muslim education to soldiers who headed to Afghanistan or Iraq. He taught the Pillars of Islam, how to build bridges between faiths, how to recite the Quran, and how to speak Arabic.
In December of 2002 Yee was posted at Guantanamo Bay. His two roles were to advise camp commander on religious practices, and to serve as Chaplain to all Muslim soldiers, personnel, and 660 detainees (among them spoke Farsi, Pashto, Urdu, Arabic, and French). Yee was one of the few who had free reign amongst the prisoners, but was always highly visible under supervision. Commanding Officers requested Yee’s assistance because detainees were finding ways to commit suicide; this made interrogations of those detainees impossible. Yee believed this was not because detainees were trying to hide information. Based on detainees’ stories of how they were tortured, he believes these were desperate acts toward release from spiritual torment brought upon by their captors. To solve the problems of the detainees and the interrogators Yee suggested some reforms. Specifically, he had cloth slings placed in top corners of individual holding pens in order to hold their Qurans high up and safe, which is the traditional respectful treatment. It is considered disrespectful to Allah to let the “Words of God” touch the ground. Yee also mediated the process of handling the Qurans, as they had been mistreated intentionally and unintentionally in “cell searches.” At Camp Delta he suggested the process of how the detainee would present and flip through the Quran, then would be pre-shackled through the bars, and his person searched as the steel mesh cage was opened. He achieved respect for the Quran and plausible security precautions to allow for it.
For all Yee’s successful work, he was accommodated by his supervisors, and after 10 months of his 12 month tour of duty, he was granted 2 weeks of “R & R” back home in the United States. Boarding the flight back to Jacksonville, Florida, Yee noticed an M.P. (military police) speaking to an officer. The officer motioned back at James Yee. Once they hit the ground on September 10, 2003, before being let off base, he was questioned about classified documents which were removed from the base. His person and possessions were searched. He had no knowledge of any documents, and none were found. Later he would hear that the NCIS and FBI reported having “found suspicious and classified documents on his person.” He was arrested without a stated cause (once documents were not found) and placed in a “3 pieced Suit” style of shackles. Blacked out goggles were put on his eyes and Industrial ear muffs were put on his ears. Although he was still allowed to smell, and potentially taste, these other restraints are a mild form of torture known as sensory deprivation. These techniques were used on him throughout his 76 days of solitary confinement at a Naval Brig in South Carolina.
After 11 days of incarceration, his family, wondering where he was, saw a report in the news, thanks to a Pentagon correspondent to the Washington Times. His name was mentioned as being held for suspicion of consorting in a “Three Man Spy Ring” in Guantanamo Bay. Over the upcoming weeks, his family contacted Eugene Fidel, a prominent civilian lawyer with experience in military courts. Fidel worked to get information on Captain Yee. Upon his “release” after 76 days, he was to be seen at a military tribunal, where he was to be charged with “Disobeying a Direct Order during Wartime”, punishable by death. At some point the charge was brought down to “Improper Handling of Classified Documents”, punishable by 14 years to life imprisonment. All charges were dropped because 1) there was no record of his arrest, although it was clear he had just been released from the arrest. 2) There was no investigation, and no case had even begun to be prepared, even after 76 days. 3) Upon request to see the evidence, classified or not, in order to establish Yee’s possession of the documents, none was to be offered. Thus all charges were dropped.
Yee was immediately reinstated, without explanation, apology, or the rest and relaxation he was promised. He finished up his last two months, and was given a medal for “Exceptional Meritorial Service” upon being honorable discharged. Yee does not hold a grudge, although he does not appreciate the lack of integrity expressed by the Armed Forces nonchalant attitude toward improper and inhumane treatment of soldiers (in this rare circumstance). And it makes him mad that the reason was most likely that someone frowned on his “sensitivity to prisoners.” He also expressed anger that he was taunted upon his arrest, such as “Chinese Taliban”, or “Slanty-Eyed Rag-Head.” He is a proud patriot of the United States of America who has served honorably for his country and his God. He is proud of his Chinese heritage and Islamic beliefs, and resents the racial hatred to his bloodline and religion. Although Yee hopes for the discontinuation of the practices of Guantanamo Bay, Yee would definitely serve again as Chaplain, or to teach military courses on “how to win hearts and minds” rather than on how to wage war.