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Corrupt Government
See other Corrupt Government Articles

Title: Afghanistan War Resister Sentenced
Source: truthout
URL Source: http://www.truthout.org/081609Z?n
Published: Aug 17, 2009
Author: Dahrl Jamail
Post Date: 2009-08-17 08:31:07 by A K A Stone
Keywords: None
Views: 480
Comments: 1

Sergeant Travis Bishop, with the US Army's 57th Expeditionary Signal Battalion, pled not guilty at a special court martial on Thursday to two counts of missing movement, disobeying a lawful order and going absent without leave (AWOL). Friday, in a trial full of theatrics from the jury, prosecution witnesses and the prosecution, he was found guilty on all counts.

Sgt. Bishop is the second soldier from Fort Hood in as many weeks to be tried by the military for his stand against an occupation he believes is "illegal." He insists that it would be unethical for him to deploy to support an occupation he opposes on both moral and legal grounds, and has filed for conscientious objector (CO) status. A CO is someone who refuses to participate in combat based on religious or ethical grounds, and can be given an honorable discharge by the military.

Statement by Sergeant Travis Bishop

Friday 14 August 2009

by: Sergeant Travis Bishop | t r u t h o u t | Statement

Ladies and Gentlemen of the Panel,

The prosecution raised the point that 'ignorance of the law is no excuse for the crime.' And here is proof of that. Case presented, verdict rendered, Sgt. Bishop is guilty. I have been convicted of the crimes that I committed, and I cannot argue that.

All I can say is this: If I had a Soldier that acted on impulse and did something illegal that I, his Sergeant, could have trained him on, there is no doubt in my mind that I would be in the First Sergeant's office the next morning explaining how I 'failed' the Soldier, leaving this Soldier untrained and, ultimately, unprepared.

Since the day I was promoted to this rank that is now in jeopardy, the idea of the Sergeant being responsible for even the individual actions of the Soldier has been drilled into me; especially on the issue of training your Soldier. My rank would be in jeopardy if my Soldier was doing things that I could have, according to my superiors, prevented, as long as I had taken an interest in my Soldier's life, and trained my Soldier as best as I possibly could.

But today, I stand alone. My actions and decisions, based on a seemingly unapproachable command structure, and a lack of training of my rights as a Soldier, remain defended by myself only. I have defense counsel, but the 'buck' stops with me and me alone, and I don't believe that this would be true in any other situation in the Army.

So why is that? Why is there such a stigma around the words? Conscientious Objection. To me, for the longest time, it was only an archaic term from somewhere back in the Vietnam Era; not something that applied to me, the modern Soldier. COs were the butt ends of jokes; they were punch lines. But why?

Maybe it's because since day one of anyone's career in the military, fierceness and bravado are pounded into every potential Soldier, and fear and doubt are viewed as weaknesses. This leaves Soldiers that feel as I feel in quite a predicament.

Does a Soldier who feels as I feel tell someone in their Command? Or a peer? And risk persecution and ridicule? I have never heard the word 'coward' used more than when I say the words conscientious objector around a group of Soldiers.

But what most Soldiers don't realize is that CO is not only a regulation, it's a right. To file for conscientious objector status is an individual right of every Soldier in the Army. This right ensures that Soldiers with the beliefs that I share have the opportunity to request to be discharged due to said beliefs. But, unlike other regulations in the military, this one remains unpublicized.

Ladies and gentlemen of the panel, there are many regulations that offer Soldiers individual rights that without these regulations, they might not ultimately have, even though the average Soldier has no idea these regulations and rights exist. And yet, regardless of knowledge of these regulations, they still fall under these rights given to them by the military.

My key point is this: AR 195-6 covers Army polygraph procedures. If a Soldier doesn't know their rights covered and protected under this regulation, does this give persons giving the polygraph test free reign to ask whatever they want? Just because they don't know the regulation?

If a Soldier doesn't know that, under AR 600-8-22, they are entitled to receive a Good Conduct Medal after 3 years of outstanding service, does that mean that it is ok to not award this Soldier?

If a Soldier doesn't have a clear understanding of AR 600-8-3, Unit Postal Operations, does that mean that the Soldier isn't entitled to receive mail in theaters of combat?

It is my firm belief that the Conscientious Objector regulation is not a regulation only, but an individual right of every Soldier, and that the responsibility to teach this regulation falls on Unit Command Teams. There are plenty of regulations that we do teach Units about, sometimes quarterly even. Why not this one?

In closing, I am not trying to say that I did not commit these crimes. The point I'm trying to convey is that, had I known that the process for applying to be a CO was still alive and well in the Army, I would have applied to be discharged as such a long time ago.

The truth is, as soon as I discovered that the process existed, I acted upon it. I left because I did not feel that I would have a sympathetic, understanding command structure to fully take my problems to, and also to give myself time to prepare for my CO application process, and the legal battle I'm currently fighting.

These are not excuses. These are explanations. My hope is that you truly treat them as such during your sentencing deliberations. Godspeed.

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#1. To: A K A Stone (#0)

Apparently there are NO REGULATIONS, NOR AN OATH to the CONSTITUTION sworn by any soldier that has meaning anymore, and it's no damn wonder when this country is being led by PUSSIES surrounded by armed bodyguards. These men and women are led all over the map by men in this administration who have played pretend soldiers, or who have NEVER, in their lives, worn the Uniform of this country into any battle, let alone a WAR!

The Troops Don’t Support the Constitution

by Jacob G. Hornberger, October 10, 2005

Every U.S. soldier takes an express and solemn oath to “support and defend the Constitution.” That oath, however, is a sham because the troops do not support or defend the Constitution. Instead, when it comes to war the troops follow another oath they take — to obey the orders of the president, and they do this without regard to whether such orders violate the Constitution.

A textbook example involves President Bush’s war on Iraq.

The Constitution prohibits the president from waging war without first securing a declaration of war from Congress. By waging war on Iraq without the constitutionally required congressional declaration of war, the president violated the Constitution.

Some people pooh-pooh the violation, perceiving the Constitution as simply a technical document that can be violated whenever the president feels that “national security” — or even the welfare of foreigners — necessitates it.

Some also make the claim that when Congress delegated its power to declare war on Iraq to the president (on the eve of the 2002 congressional elections), that delegation served as an adequate substitute for an actual declaration of war on Iraq.

They are wrong.

The Constitution is the supreme law of the land that we the people of the United States have imposed on our federal officials. Like it or not, U.S. officials are supposed to comply with its restrictions on power. If U.S. officials don’t like a particular constitutional provision or if they feel that it is outdated, the proper remedy is to seek a constitutional amendment, not ignore the provision.

Moreover, the Supreme Court, which is the final arbiter of constitutional interpretation under our system of government, has long held that no branch of the federal government can lawfully delegate its constitutional powers to another branch of government. Only the Congress, not the president, is authorized to declare war, and without that declaration the president cannot lawfully wage war on another nation.

We should bear in mind that had the president complied with the declaration-of- war requirement, the Congress might well have discovered in the process that the president’s WMD claims were defective. The Congress might also have concluded that invading a sovereign and independent country for the purpose of “spreading democracy” — a war in which tens of thousands of innocent people would be killed and maimed — could not be justified under moral principles.

“But we can’t refuse orders of the president. He’s our commander in chief,” say the troops. “It’s not our job to determine what is constitutional or not. We deployed to Iraq, like it or not, because the president ordered us to do so.”

Setting aside the moral implications of that position, doesn’t that mindset reflect that the oath that the troops take to support and defend the Constitution is in fact a sham? The troops know — or should know — that the Constitution prohibits the president from waging war without a congressional declaration of war. They also know that the Congress never declared war on Iraq. Nevertheless, they obeyed the president’s orders to attack Iraq.

The president’s war on Iraq reflects why our nation’s Founding Fathers opposed standing armies. Members of a professional army, who have vowed to obey the orders of the president, are unlikely to say no when the president orders them to attack another country.

On the other hand, a nation that relies instead on well-trained citizens (i.e., citizen-soldiers) to defend itself from a foreign attack would stand in a different position. Citizen-soldiers, while willing and prepared to rally to the defense of their own country in the event of an invasion, would be much less likely to answer the president’s call to leave their families and give up their jobs to attack a country thousands of miles away from American shores.

Isn’t it ironic that, even as the troops waging war in Iraq exhort the American people to support them, the troops, by invading Iraq without the constitutionally required congressional declaration of war, have failed to support the Constitution?

Murron  posted on  2009-08-18   20:28:03 ET  Reply   Trace   Private Reply  


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