I don't know; and neither do you, because we weren't there.
What I do know is that the knee-jerk reaction of, "he didn't do anything wrong because it's a war," is wrong--as wrong as would be the knee-jerk reaction of, "he must have done something wrong, he's a soldier," if I had said any such of a stupid thing.
What I suspect is that something was way off, or neither of these lieutenants would be on trial--because other things being equal, the military does tend to take care of its own and to cover its ***.
But something political might've happened, especially in Lt. Pantano's case--and it looks rather as though in the "Lt. L," case going on in San Diego, something damn sure political did happen--the CIA was involved. Here, the whole torture thing is deeply implicated--guy died in Abu Gharib prison, the circumstances involved beating a torturing a helpless prisoner (evil guy, it seems, but a helpless prisoner all the same), and then there the whole, "independent contractor," nonsense.
Of course none of us "know". If thats the standard around here 99% of the threads in the study should only be 2 posts long. Since when did we need to "know" anything to a certainty around here to discuss an issue?
Let it suffice to say that my opinion is..."Based on the information Ive read so far, I dont believe Lt. Pantano did anything criminal. Or indeed anything "wrong" considering the situation he was in and the job he was trained/expected to do."
Lt. Pantano's case has nothing to do with "torture" though. It has to do with judging a "shoot/no shoot" decision. From the information given so far it appears a Sgt. in the Lt.s platoon (who had an axe to grind with the Lt. over promotion issues I believe), made an issue over this incident up the chain of command.
As the author of one of the articles I linked said. This isnt a case of lining up enemy POW's in front of a trench and gunning them down. 2 enemy caught fleeing from a bomb making shop, advance on a Marine holding them at gunpoint, they refuse to stop when ordered (in their own language BTW) and get shot down. I predict that he will be found not guilty, but the career of a promising Marine is going to be crippled either way.