“We”, the collective “we”, as in the American people as a whole, allow this. Those of us who are at the mall and those of us whose default position makes our warriors baby killers until proven innocent are paralyzing our leaders with lawfare.
Investigating our soldiers to death
“There is nothing to come of this except making my soldiers scared to pull the trigger, and that’s all that this is doing. They see me getting questioned every day over something as dumb as firing back when fired upon. God only knows what they would be trying to do if we accidentally killed one the ‘wrong’ people.”
The few of us that give a shit need to raise holy hell about every one of these cases. We need to link to them, comment about them, call into talk radio shows and generally bring so much heat and misery and hellfire and scunnion down upon the heads of the generals that let this happen to their people that they start sticking up for them instead of throwing them under the bus.
We also need to increase the numbers who give a shit, and decrease the numbers slinging the baby killer epithet. It takes a certain amount of faith and belief in the righteousness of the cause to maintain sufficient public support to continue the war.
UPDATE: I made this comment at FR
There has to be some certainty that the cause is just, that our defenders are good and that the enemy has brought their demise upon themselves, or America will never win another war. Our leaders owe us some serenity on that point, our defenders must remain good, but We The People owe our leaders some followership and our defenders the benefit of the doubt. WE have a duty to resist assaults on our morale and efforts to undermine the war effort. A nation that continually proves itself unworthy of its defenders will someday have none.
Civilian Irregular Information Defense Group 
Completely agree. The media wants to find evil where none exists, and if this continues, we will lose more soldiers and Marines who are just scared to defend themselves for fear of a freaking lawsuit. This American trusts that the boys with boots on the ground over there know a heck of a lot more about how to handle themselves than do certain senators and representatives in DC. We need to stop the Monday Morning Quarterbacking and let them do their jobs – did you hear that Mr. Murtha?
Back in Roman days, the Senate was not just a governing body, it was also the highest class in the Roman Empire. The Senate class.
I see that the United States has developed something similar once professional military reforms had been instituted.
Course, the Senate didn’t govern much of anything past Augustus. One thing Bush missed out on, obviously.