So much for freedom os speech and dissent. Marine Reservists targeted for protesting

my2handsmy2hands Posts: 17,117
edited June 2007 in A Moving Train
Marine Reservist-Protesters Face Discipline
By David Montgomery
The Washington Post

Thursday 31 May 2007

Going on a mock patrol can get you in real trouble with the United States Marine Corps.

In a case that raises questions about free speech, the Marines have launched investigations of three inactive reservists for wearing their uniforms during antiwar protests and allegedly making statements characterized as "disrespectful" or "disloyal."

Two of them were part of the guerrilla theater squad of 13 Iraq Veterans Against the War who roamed Capitol Hill and downtown Washington in March, clad in camouflage and carrying imaginary weapons, to mark the fourth anniversary of the Iraq war. A Washington Post story about that protest is part of the evidence gathered by Marine lawyers.

Adam Kokesh, 25, a graduate student at George Washington University, faces a hearing Monday in Kansas City, where the Marines will recommend an "other than honorable" discharge from the Individual Ready Reserve. He was previously honorably discharged from active duty after fighting in Fallujah and receiving the Combat Action Ribbon and the Navy Commendation Medal.

Upon learning he was being investigated for wearing his uniform during the mock patrol, Kokesh wrote an e-mail to the investigating officer, Maj. John Whyte. The combat veteran discussed his service and his critique of the war, and asked this officer assigned to look into his "possible violation" of wearing his uniform: "We're at war. Are you doing all you can?" He concluded with an obscene recommendation about what Whyte should go do.

This earned him the count for a "disrespectful statement."

Liam Madden, 22, who spent seven months on the ground in Iraq, last fall helped launch the Appeal for Redress, a Web site where military personnel can directly appeal to Congress to support withdrawal of troops. Madden, of Boston, is accused of wearing his camouflage shirt at an antiwar march in Washington in January.

He also is accused of making disloyal statements during a speech in February in New York, when he says he wasn't wearing his uniform.

These statements, as summarized by the Marines in legal documents: "Sgt. Madden spends several minutes explaining the 'war crimes' of the Bush administration. Sgt. Madden claims that the war in Iraq is a war 'of aggression' and one of 'empire building.' Sgt. Madden explains that the President of the United States has 'betrayed U.S. military personnel' engaged in the Iraq conflict."

The identity of the third Marine under investigation could not be immediately verified; his or her name had been blacked-out of legal documents reviewed by The Post.

Kokesh and Madden say they have a question about all this: Don't the Marines have anything better to do these days?

Papers drawn up by Marine lawyers indicate the corps sees it as a matter of enforcing clear regulations. Spokesmen for the Marines did not return telephone calls and e-mails seeking comment.

The case also raises a fundamental question of interest to the roughly 158,000 men and women in the Marines' and Army's Individual Ready Reserve: Are they civilians - free to speak their minds - or not?

"This case is about the Marine Corps seeking to stifle critics of the Iraq policy by officially labeling civilian acts of peaceful protest and political speech as misconduct and serious offenses," says Michael Lebowitz, Kokesh's attorney, who fought in Iraq as an Army paratrooper .

In legal documents sent to the reservists, the Marines cite well-known military regulations against wearing uniforms for political activity. Against Kokesh they say a Marine may not insult an officer. Against Madden they cite a military law that covers disloyal statements.

But, counters Lebowitz, unlike other types of reservists who have specific paid duties, Individual Ready Reservists are not paid, have no weekend drill requirements and no chain of command. Therefore, he argues, they are civilians, unless summoned back to duty. And if they are civilians, they can say pretty much what they want.

"For the military to try to punish civilians for speaking out against the war is completely outrageous, says Arthur Spitzer, legal director of American Civil Liberties Union for the National Capital Area, whom Madden has consulted but not yet retained.

It is true that civilians are subject to civilian laws against wearing military uniforms - but that's not for the Marines to judge, the lawyers say.

Usually, reservists who wear their uniforms improperly are unaware of the rules and the matter is resolved amicably, says Col. John Sessoms, staff judge advocate for Marine Forces Reserve, the top lawyer for the reserves. "These are misdemeanor-type offenses," Sessoms says. "Once counseled, Marines usually conform. They suffer no repercussion."

The cases against Kokesh and Madden are administrative, not criminal. The main repercussion they face is the stain of the "other than honorable" designation, something they may have to explain on applications for employment or security clearance. Whether it affects their Veterans Administration benefits would be up to the VA.

Kokesh and Madden both say they are proud to have served and have nothing against the institution of the Marines. Neither plans to curb his antiwar work, despite the consequences. Kokesh just took part in another mock patrol protest - wearing his uniform - in New York City.

"I will not be intimidated," Kokesh says.

http://www.washingtonpost.com/wp-dyn/content/article/2007/05/30/AR2007053002627_pf.html
Post edited by Unknown User on

Comments

  • onelongsongonelongsong Posts: 3,517
    they should have read through their oath before breaking it. this is more about breach of contract than it is about free speech.
  • RushlimboRushlimbo Posts: 832
    Just another intimidation tactic by our government. Wont work anymore.
    War is Peace
    Freedom is Slavery
    Ignorance is Strength
  • gue_bariumgue_barium Posts: 5,515
    Semper Fi! to my fellow marines...

    all posts by ©gue_barium are protected under US copyright law and are not to be reproduced, exchanged or sold
    except by express written permission of ©gue_barium, the author.
  • blackredyellowblackredyellow Posts: 5,889
    Good to see...


    Vets back man in trouble over protest

    By SAM HANANEL, Associated Press Writer1 hour, 40 minutes ago

    The nation's largest combat veterans group on Friday urged the military to "exercise a little common sense" and call off its investigation of a group of Iraq war veterans who wore their uniforms during anti-war protests.

    "Trying to hush up and punish fellow Americans for exercising the same democratic right we're trying to instill in Iraq is not what we're all about," said Gary Kurpius, national commander of the 2.4 million-member Veterans of Foreign Wars.

    "Someone in the Marine Corps needs to exercise a little common sense and put an end to this matter before it turns into a circus," Kurpius said.

    A military panel in Kansas City, Mo., is holding a hearing on Monday to decide whether Marine Cpl. Adam Kokesh's discharge status should be changed from honorable to "other than honorable" after he was photographed wearing fatigues — with military insignia removed — during a mock patrol with other veterans at a protest rally in April.

    The Marine Corps is investigating whether Kokesh might have violated a rule prohibiting troops from wearing uniforms without authorization. Kokesh was honorably discharged following a combat tour in Iraq, but he remains part of the Individual Ready Reserve, a pool of former active duty service members in unpaid, non-drill status.

    Kokesh also was cited for making a disrespectful comment to a military officer investigating the incident. His attorney, Michael Lebowitz, has called the case an effort to stifle critics of the Bush administration's Iraq policy.

    Kurpius said even an implied threat to lower the discharge rating could threaten educational and other benefits Kokesh is eligible to receive from the Department of Veterans Affairs. The action might also prevent Kokesh from future employment opportunities that require a security clearance, Kurpius said.

    "We all know that people give up some individual rights when they join the military," Kurpius said. "But these Marines went to war, did their duty, and were honorably discharged from the active roles. I may disagree with their message, but I will always defend their right to say it."
    http://news.yahoo.com/s/ap/military_protest_hearing;_ylt=AihHkkwRsJMNwVU9SgvrU40DW7oF
    My whole life
    was like a picture
    of a sunny day
    “We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
    ― Abraham Lincoln
  • my2handsmy2hands Posts: 17,117
    they should have read through their oath before breaking it. this is more about breach of contract than it is about free speech.


    the almighty "contract"

    :rolleyes:
  • be interesting to see the difference between a bunch of protesters dressed in camo army type clothes v.s. regular street clothes.

    $100 says the camo dressed group gets leaned on tons harder by the cops...

    Obey!
    Progress is not made by everyone joining some new fad,
    and reveling in it's loyalty. It's made by forming coalitions
    over specific principles, goals, and policies.

    http://i36.tinypic.com/66j31x.jpg

    (\__/)
    ( o.O)
    (")_(")
  • musicismylife78musicismylife78 Posts: 6,116
    Great article.

    People dont think of these things. I mean why are they called GI's? They are Government Issue. They are the governments property to do with as they wish. Which is just plain stupid.

    For all intents and purposes, once you join the military, your freedom of speech is gone.
  • bgivens33bgivens33 Posts: 290
    Great article.

    People dont think of these things. I mean why are they called GI's? They are Government Issue. They are the governments property to do with as they wish. Which is just plain stupid.

    For all intents and purposes, once you join the military, your freedom of speech is gone.

    no.

    These guys should not have been wearing a uniform, they knew better than that.
  • SuzannePjamSuzannePjam Posts: 411
    It's obvious that many people in the service don't fully read and understand their contracts. I'm sure the contract is designed to be difficult to understand. Many didn't realize that once they signed up for the military, they could be deployed again and again and be kept past their military release dates at the discretion of the armed forces. Or that the army "bends" the rules and keeps them deployed for longer periods of time than is mandated because the troop levels are low. Many didn't realize that if they were reservists or in the national guard they could spend time serving in Iraq. Now the army is screaming about the men breaking their "contract" over something like this?

    It seems as if the army can bend the rules when it suits them, but hold to a strict code when someone speaks out against the war in uniform. It's ironic that they're being persecuted for the very thing they are trying to protect.
    "Where there is sacrifice there is someone collecting the sacrificial offerings."-- Ayn Rand

    "Some of my friends sit around every evening and they worry about the times ahead,
    But everybody else is overwhelmed by indifference and the promise of an early bed..."-- Elvis Costello
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