In the spring of 2023, on a partly sunny day where the temperature flirted with 70 degrees, an Army veteran of the Afghanistan War walked into the unique Prairie-style police headquarters in Banning, California. In a private room in the detective bureau, the former specialist, who served with the storied 82nd Airborne Division, sat down with a special agent from the Army’s Criminal Investigation Division — better known as CID — to make a confession.
The veteran had served with roughly 20 mortarmen and scouts from a platoon in the 2nd Battalion, 508th Parachute Infantry Regiment assigned to Combat Outpost Ware in Afghanistan’s Arghandab River Valley in 2010. A lush land of grape groves and pomegranate orchards, towering sunflowers and marijuana plants, the Arghandab was crisscrossed by canals and was a flashpoint in Kandahar Province, the spiritual homeland of Afghanistan’s once and future rulers, the Taliban.
The soldiers from the 82nd Airborne played a cat-and-mouse game with the Taliban. America’s official policy was counterinsurgency, or COIN: a re-tread of a failed strategy of the Vietnam War that promised a kinder, gentler brand of warfare aimed at winning Afghan hearts and minds. But in the Arghandab Valley, the COIN of the realm was kinetic.
The Taliban seeded the orchards with improvised explosive devices set off by a foot on a pressure plate, a boot on a tripwire, or Taliban hands gripping a remote control. The Americans countered with overwhelming firepower: attack helicopters, armored gun trucks, and infantrymen toting M4 carbines. It was a “rough time for the unit,” another veteran of the platoon remembered. They saw a great deal of “contact,” engaging the Taliban more times than another unit member could recall.
But the former mortarman in Banning had come to talk about one particular incident that, more than a decade later, he could not forget.
The CID agent gave the veteran a “cleansing waiver of rights” to read and sign. It advised the veteran that he had the right to remain silent, that any statement he made could be used against him at trial, and that he was providing testimony “freely and voluntarily.” The veteran waived his rights and signed the document on March 28, 2023 at 1:31 p.m. He acknowledged, according to exclusive criminal investigation documents obtained by The Intercept, that he killed an unarmed man and wounded a woman. More than that, he said that he “needed to be held accountable for his actions.” He told CID that he had “committed a war crime.”
A U.S. medical helicopter arrives to evacuate a soldier from the 1-320th Alpha Battery, 2nd Brigade of the 101st Airborne Division, in Arghandab Valley, Kandahar, Afghanistan, on July 30, 2010. Photo: Rodrigo Abd/AP File
Twenty-five years ago, in the wake of the 9/11 attacks, an angry America went to war in Afghanistan. The conflict would become, by some counts, the longest in U.S. history, stretching across four presidential administrations. It ended where it started, with the Taliban in control of the country after a crushing 2021 defeat for the U.S. and the Afghan allies it propped up for two decades.
The U.S. lost around 2,400 troops in Afghanistan at a staggering cost of around $2.3 trillion. Afghans suffered far worse. In October 2001, President George W. Bush announced that “the oppressed people of Afghanistan will know the generosity of America.” But from almost the opening American salvo, they began dying at U.S. hands.
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During just the first five months of the conflict, there were no fewer than 136 media reports of U.S. attacks that killed between 1,200 and 3,155 civilians. Year after year, U.S. and coalition airstrikes killed Afghans – sometimes scores of civilians, sometimes hundreds. The deaths continued to the war’s final moments when an August 2021 drone strike targeting a suspected terrorist in the country’s capital, Kabul, instead killed 10 civilians, seven of them children. More than 70,000 Afghan and Pakistani civilians are estimated to have died as a direct result of the war, according to Brown University’s Costs of War project.
While the carnage of the American air war garnered the biggest headlines, Afghans were also gunned down, again and again, by U.S. ground troops. Following a 2007 ambush, Marines killed 19 civilians and wounded 50. An initial investigation found the Marines used excessive force when they killed civilians after a suicide bombing. Later, the Americans were recast as victims. In 2010, a “kill team” from the Army’s 5th Stryker Brigade slew at least three civilians over four months and mutilated the dead for war trophies. Eleven of the 12 soldiers charged were convicted of crimes, but most were released from prison by the mid-2010s. Staff Sgt. Robert Bales massacred 16 Afghan civilians in 2012. A Special Forces A-Team was accused of killing close to 20 civilians in 2012 and 2013. The remains of 10 victims were later found buried outside their base. A U.S. investigation exonerated the Americans of any wrongdoing. Only one man was punished: Zikria Kandahari, the unit’s Afghan interpreter.
Pete Hegseth, now the self-styled Secretary of War, served with the Army National Guard in Afghanistan during that era. In Trump’s first term, when he was a Fox News personality, Hegseth lobbied on behalf of three men who were convicted or facing charges related to war crimes committed in Iraq and Afghanistan. Trump intervened in all three cases, granting two pardons and reversing a demotion.
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During his confirmation hearing last year, Hegseth complained that “restrictive” rules of engagement had “difficult to actually do your job on the battlefield,” repeatedly recalling his own service. “I was the senior counter-insurgency instructor in Afghanistan. My job was to understand how the Taliban and Al Qaeda operated,” he explained. “They knew our rules of engagement, and when they were more restrictive, they took advantage of them.” He continued: “We don’t need burdensome rules of engagement that make it impossible for us to win these wars.”
But what the veteran in Banning described to CID agents was anything but burdensome.
In April or May — he couldn’t recall which — of 2010, that veteran said he was carrying an M4 carbine as his unit moved about 3 kilometers into the Arghandab and occupied an abandoned building at the edge of a village. When the Americans were attacked, they returned fire, killing a couple Taliban members.
The unit readied themselves, expecting the Taliban to regroup and mount another assault. The Americans intercepted a radio transmission. A translator told them that a single male militant on a motorcycle, transporting rocket-propelled grenades, was headed toward them, according to the documents. The unit’s chain of command authorized the use of force.
When a motorcycle rider came into view, a sniper took aim and fired off one round. He missed.
The respite for the motorcycle man was short-lived, however. About 500 feet away, close to 20 Americans raised their rifles.
An M4 carbine — a magazine-fed, gas-operated, air-cooled, shoulder-fired weapon — shoots lightweight bullets at extremely high speeds. In the spring of 2010, M855 5.56-mm bullets were de rigueur for U.S. forces. Fast with low mass, the rounds produce a tremendous amount of kinetic energy. When they slam into a human body, that energy is transmitted to the soft tissue of the victim creating a “wound channel” that causes massive blood loss.
The Banning mortarman fired off one round. Others from the unit opened up, too.
The motorcycle man never reached his destination. If someone was waiting for him to arrive on that spring day in 2010, they still are.
The Banning veteran and others walked up to the Afghan man and “witnessed a military aged male deceased with multiple gunshot wounds to the face and other areas of his body,” wrote the CID special agent, transcribing the mortarman’s testimony. “No RPG’s were present.”
Nobody knew how many rounds hit him, but the damage to the Afghan man’s body was so extensive that he was “unidentifiable,” according to another witness. The mutilation was so devastating that the Americans were unable to even collect his “biometrics”: fingerprints, iris scans, facial images.
The dead man, said the veteran, wasn’t alone. There was a wounded woman, too. He told the CID agent that the “woman was crawling on the ground.” There may also have been a baby or child present as well — CID’s redactions make it impossible to know for certain.
After the veteran made his confession, in late March 2023, Army criminal investigators started consulting U.S. sources. Despite detailed unit records for more than 100 notable incidents in April and May 2010, an Army historian could locate none for the killing of the motorcycle man.
When CID began interviewing unit members, the company commander — by then a lieutenant colonel — said the incident did not sound familiar to him. The unit’s first sergeant told CID that while he saw most “troops in contact” reports, he didn’t recollect the incident. He acknowledged that the details “sounded plausible.”
Others recalled the incident in detail but excused it. One soldier who never saw the motorcycle man before he was killed said, for example, that it “sounded like” the man handed off the RPG to someone before he was shot. Another former specialist — who by 2023 was a warrant officer — told CID that unit members “fired on the military age male on the motorcycle.” He also recalled that “a woman was on the motorcycle,” too. He told the Army investigators that it was “unfortunate that no RPGs were present” but believed “the incident was handled properly” since “they were authorized to fire from their command team.”
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Having never even attempted to identify the Afghan man, the woman on the scene, or the possible child; having never sought out any evidence beyond the testimony of members of the unit; and despite a signed, sworn confession by one of the shooters, Army CID concluded — within six weeks — that there was not “probable cause to believe that any soldier committed the offense of murder.”
CID refused to make the special agent in charge of the case available for an interview. “Unfortunately, we are unable to support your request to interview DACID personnel involved,” Special Agent Mark Lunardi told The Intercept, before leaving his job. More than a year ago, after multiple follow-up requests for information, Thomas Hamilton of CID’s press office wrote: “I will get back to you as soon as I can.” He has, despite repeated follow-ups, failed to respond.
Soldiers from the 1-320th Alpha Battery, 2nd Brigade of the 101st Airborne Division, patrol near COP Nolen, in the Arghandab Valley, Kandahar, Afghanistan, on July 26, 2010. Photo: Rodrigo Abd/AP File
For more than a century, the U.S. military has shown a consistent disregard for civilian lives. It has repeatedly cast or misidentified ordinary people as enemies; failed to investigate civilian harm allegations; excused casualties as regrettable but unavoidable; and failed to prevent their recurrence or to hold troops accountable.
A 2020 study of post-9/11 civilian casualty incidents found most have gone uninvestigated. When they did come under official scrutiny, the “military too often relies solely on its internal records and sources —which can be flawed and incomplete — to assess civilian harm,” the Center for Civilians in Conflict and Columbia Law School’s Human Rights Institute reported.
“There were probably hundreds of incidents that were just like it that we’ll never know about.”
These findings were bolstered by the groundbreaking work of the podcast “In the Dark.” Their 2024 investigation — a corollary to a reexamination of the 2005 killings of civilians in Haditha, Iraq — found U.S. troops had committed 781 possible war crimes in Afghanistan and Iraq that the U.S. military actually investigated. In at least 65 percent of cases analyzed by “In The Dark,” investigators didn’t believe that a crime had taken place — even in cases where perpetrators had, like the Banning veteran, confessed. The 2010 killing of the Afghan motorcycle man is, however, not one of the cases in their database.
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In the 151 cases in which investigators found probable cause that a crime had occurred, that the rules of engagement had been violated, or that a use of force hadn’t been justified, true accountability was rare. While 572 alleged perpetrators were involved in these cases, only 130 were convicted; the records show they rarely received significant prison terms. Much more often, their cases were dealt with by commanders with broad discretion to punish their troops with extra duty, demotions, or reprimands, in lieu of formal prosecutions. Fewer than 1 in 5 perpetrators, investigators found, appeared to have been sentenced to any type of confinement. The median sentence was just eight months.
Todd Huntley, an active-duty Judge Advocate for more than 23 years who deployed to Afghanistan twice with a Joint Special Operations Task Force, believes killings like the one described by the Banning veteran were a common occurrence. “There were probably hundreds of incidents that were just like it that we’ll never know about,” he told The Intercept. A current government official, who was involved in the wars in the Greater Middle East, said the total could reach into the thousands.
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Since taking the helm of the Pentagon last year, Hegseth has launched overlapping efforts to weaken transparency, scuttle accountability, hobble military justice, and undercut protections for civilians in conflict zones — from replacing the Pentagon press corps with pro-administration sycophants, and firing the top legal authorities of the Army and the Air Force, to pursuing changes that would encourage lawyers to approve more aggressive tactics and take a more lenient approach to those who violate the laws of war.
The Intercept has previously reported on Hegseth’s gutting of civilian harm mitigation and response efforts. In late April, Hegseth repeatedly dismissed congressional concerns about civilian harm and respect for the laws of war in testimony before the House Armed Services Committee. “The Department of War fights to win,” Hegsethreplied when asked if he stood by his statement that the U.S. would afford enemies “no quarter” — a war crime. A recent report by the Pentagon’s top watchdog says cuts to civilian harm mitigation and response efforts have been so severe under Hegseth that the United States cannot adequately protect civilians in conflict zones. This was driven home at the outset of the Iran war when the U.S. attacked the Shajarah Tayyebeh elementary school, killing more than 150 people, most of them children.
The CID records of the motorcycle man investigation are redacted in ways that make it impossible to ascertain key facts about additional civilian harm. “An [REDACTED] woman was on the motorcycle with the military aged male and [REDACTED] from the engagement,” according to the summary of a statement by one unit member. The Banning veteran also “stated he [REDACTED] an unarmed [REDACTED] woman during his deployment.”
The redactions also prevented The Intercept from identifying the veteran and fellow unit members to gather additional information. “If it wasn’t for the soldier involved coming forward, this incident would never have come to light,” Huntley, now the director of the National Security Law Program at Georgetown University Law Center, told The Intercept. “The 13-year delay in reporting made any investigation difficult as others involved couldn’t remember details and the redactions in the report make it impossible to learn anything else about the incident.”
Only one member of the unit contacted by The Intercept agreed to speak about the incident. The veteran acknowledged, on background, that the incident occurred, but would not say if he was one of those interviewed by CID.
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Still, the case of the motorcycle man offers a stark counter-narrative to Hegseth’s assertions about the war on terror — and the basis for his efforts to undermine protections for civilians today.
The rules of engagement in Afghanistan in 2010 were so lax that a man was killed for no reason and with no repercussions.
It was so unremarkable that no record of the engagement could be located. It was so commonplace that senior unit members couldn’t recall it.
It was so typical that only one man even thought to report it — and he waited 13 years.
It was so characteristic of U.S. military policy that no inquiry was conducted into the rules of engagement in force at the time.
And the incident was so in keeping with U.S. military tradition that, despite a murder confession and little question that an unarmed man was gunned down, Army CID and the 82nd Airborne’s chief of military justice quickly concluded there was no probable cause for charges, and the investigation was closed.
The post He Confessed to an Afghanistan War Murder. The U.S. Military Promptly Closed the Case. appeared first on The Intercept.
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