Lawfare in Action: The Prosecutor’s Own Words
Lawfare is the misuse of legal systems as a weapon of war. In the case of Staff Sergeant Robert Bales, military prosecutors used the courtroom not to seek truth, but to secure a conviction that served political ends. At Emory University, lead prosecutor Lt. Col. Jay Morse admitted — in his own words — how evidence was concealed, witnesses were manipulated, and a soldier was sacrificed for expediency. These clips expose how lawfare replaced justice — and you can also watch the full Emory University presentation here.
Delayed Access to the Crime Scene
U.S. investigators were blocked from crime scenes for 3 weeks, while Afghan forces entered immediately, gathered “evidence,” and destroyed the possibility of a fair forensic review.
“We were not able to visit the crime scene until the 2nd of April, approximately 3 weeks after Sergeant Bales committed the murders. Afghan CID were able to get out there the next morning…”
Acknowledging a compromised investigation — yet pressing forward anyway.
Crime Scene Altered
Families removed all belongings from crime scenes before U.S. investigators arrived. No searches or photos were taken of what was removed.
“The family cleaned everything out of this room before the investigators showed up. There used to be a stove right here. So, they literally came in and took all of their belongings out…”
What was removed, no one will ever know.
Minimal Afghan Forensics
Afghan investigators produced a “file” only a page and a half long, despite multiple crime scenes. Their lack of forensic skill meant no real evidence was ever preserved.
“The entire Afghan Detective file was a page and a half. They did the best they could, given their education level in forensics and given the amount of time that they had.”
Paper-thin forensics, treated as fact.
Ammunition Evidence Destroyed
Expended rounds were pocketed by Afghan soldiers, erasing any chance to trace bullets or match weapons.
“You also see a pile of brass… Afghan soldiers, frequently, when they are in fire fights… will stop and pick up their ammunition because that expended brass is valuable… So, who knows how much of the evidence of this case was lost due to that?”
Ballistics destroyed — justice denied.
Shaping Testimony
Afghan witnesses originally described multiple soldiers but were persuaded to testify that only one soldier acted.
“….even if their story may have changed a little bit later on. ….it was still important for us to be able to persuade these guys that this was not a platoon of American soldiers involved.”
Testimony engineered for conviction, not truth.
Conviction Above Truth
Prosecutor Morse wrote in his journal that “success” meant a conviction and satisfied victims, not a fair trial.
“I found out on the 15th of March that I was going to be the lead prosecutor on the case… Early morning on the 17th I woke up I wrote in my journal. This is verbatim: I said success for me means this: I want a conviction; I want the victims satisfied or at least understanding of our process and I want no insurmountable mistakes.”
The goal wasn’t justice — it was conviction at any cost.
The “Bad Guy” Theory
The prosecution pushed the theory that Bales was “just a bad guy” to block any sympathy for a combat veteran with TBI and PTSD.
“One of our theories was that Sergeant Bales really was just a bad guy. This was not someone that was affected by PTSD or alcohol or steroids or whatever else it was. But Sergeant Bales was on his fourth deployment. So early on we realized that we were going to have to find something that was going to overcome any sympathy that our jury might have had…”
Service erased, character assassinated.
Bonds with Enemy Witnesses
Prosecutors described forming close ties with Afghan witnesses — even taking them on outings while in the U.S.
“What I didn’t anticipate, what I didn’t,… I don’t think was prepared for was how um close many of us became to most of the victims, frankly. We interacted with them multiple times in Afghanistan, and again on two separate visits, about 10 days or so to Fort Lewis.”
Allies with Taliban witnesses — instead of defending an American soldier.
After-Sentence Celebration
Prosecutors posed happily with Afghan witnesses after sentencing, celebrating the conviction as a victory.
“Everyone looks happy here because this was the after-sentence shot.”
Smiles and photos — celebrating conviction as the only success.
