Kevin Joseph Smith

West Point, 2002

Be Thou At Peace

Posted by Don Allegro on May 26, 2008:

I just discovered this website; otherwise, I would have posted these sentiments earlier. I am writing to say "Thank you," to 1LT Kevin Joseph Smith and the other men of the 1st Battalion, 76th Field Artillery, 3rd Infantry Division. It is no exaggeration to say that you made a major contribution to what I believe will be eventual victory for the American and Iraqi people. On a personal level, I also want to make it clear that I believe I owe you my life. I am a career attorney with the United States Department of Justice. My normal job is prosecuting violations of federal criminal law in United States District Court in Iowa. However, I served in Iraq from early 2005 until early 2006, with my tour approximately coinciding with that of 3ID. I worked out of the US Embassy in Baghdad with Iraqi court and police officials in an effort to help the Iraqis improve the capacity of their criminal justice system. When the history of this war is written, I believe that history will note that the capability of the Iraqi criminal justice system was crucial to victory -- it is complicated to explain, but essentially the law in Iraq required that thousands of captured terrorists and insurgents, even those captured on the battlefield, had to be prosecuted for criminal law violations in the overwhelmed Iraqi criminal courts. Although under some circumstances US forces could hold prisoners for some period without trial, those captured by Iraqi police or Army had to be immediately referred to Iraqi criminal courts for prosecution. If not successfully prosecuted, the insurgents or terrorists had to be released. In other words, to some degree the war was fought via the Iraqi criminal courts system. This work of increasing the capacity of this system could not even have been contemplated without Kevin and his fellow soldiers. In their guntrucks, throughout 2005 and into early 2006, Kevin and the soldiers of 1/76 regularly drove me and one or two other DOJ attoneys to Iraqi courthouses, police stations, and prisons in the Baghdad area, including many in the most dangerous areas of the City, all the while keeping us alive and in one piece. We also occasionally drove to other provinces, such as Diyala, which needless to say required a long and hazardous drive. The day Kevin was killed by an IED in Baghdad, I was going with a different platoon to the Ministry of Justice while Kevin and his men escorted some Embassy personnel elsewhere in the City, I believe to the Ministry of Electricity. I recall being in the assembly area, seeing Kevin there as he prepared for his last mission. On that day and every other day I was escorted by soldiers of 1/76, I was deeply impressed by their professionalism, good humor, and espirit de corps. And as a US Marine Corps infantry officer in my younger days, I am not easily impressed. Thanks to Kevin and his fellow soldiers, I believe the Iraqi court system was upgraded significantly and thereby withstood the tidal wave of cases it faced in 2005 through 2007. I also believe that Iraqi criminal justice officials, who were prime targets for intimidation and murder, took heart from the willingness of Americans to go out into the killing zone to help, and so these Iraqis were not intimidated and stayed in the fight. Again, on a personal level, I also want to thank Kevin for allowing me to return home alive to my wife and children. Every day I think of young soldiers like Kevin, particularly those lost by 1/76, who will never have the chance to enjoy long, happy lives. The saddest feature of war is that, by definition, the finest and most capable members of society are called upon to lay down their lives. I hope Americans appreciate the sacrifices Kevin made and the things he achieved -- I always will and I believe the Iraqi people will. Don Allegro United States Attorney's Office Davenport, Iowa

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