MLTF Chair James M. Branum particpated in a discussion about Bradley Mannings's case on Russia Today network..

The Russia Today network hosted a debate on US Army whistleblower Bradley Manning. They invited MLTF Chair James M. Branum, of Oklahoma City, to join the panel to argue on behalf of Private Manning.

Other participants included Bob Meola in Berkeley, CA (commissioner of the Berkeley Peace & Justice Commission) and Seton Motley in Washington, DC (of the Less Government Foundation). The moderator was Peter Lavelle in the RT.com studios in Moscow. Each joined the conversation from studios in their home cities.

The full broadcast can also be viewed here: RT.com: “Mannings Trials” (CrossTalk Episode – December 16, 2011)

An Open Letter to the Winter Patriot

As the occupy movement continues to grow in defiance of the heavy-handed police action determined to squelch it, a natural question emerges: What point will the military be summoned to contain the cascade of popular dissent?  And if our nation’s finest are brought into this struggle to stand between the vested authority of the state and the ranks of those who petition them for a redress of grievance, what may we expect the outcome to be?

How Private Warmongers and the US Military Infiltrated American Universities (Part 1)

A matrix of closely tied university-based strategic studies ventures, the so-called Grand Strategy Programs (GSP), have cropped up on a number of elite campuses around the country, where they function to serve the national security warfare state.

In tandem with allied institutes and think tanks across the country, these programs, centered at Yale University, Duke University, the University of Texas at Austin, Columbia University, Temple University and, until recently, the University of Wisconsin-Madison, illustrate the increasingly influential role of a new breed of warrior academics in the post-9/11 United States.

US bases in Australia a setback for peace

The new Australia-US deal will allow for 250 US marines to be stationed in Darwin next year, increasing to 2500 by 2016. There will be increased US military ship visits to Darwin and other ports in northern Australia. There will be more US warplanes, including B-52 bombers, based in Darwin. More joint US-Australian military exercises will take place on Australian soil.

US military equipment will be stored in northern Australia, including cluster bombs. These weapons indiscriminately scatter explosive “bomblets” that remain deadly long after conflicts have ended and mainly harm civilians.

Looking Back on the Road to Folly

The expected Iraqi oil bonanza never materialized.  Today, Iraq pumps less oil than under Saddam. He threw out western big oil; today, the big US and foreign oil firms are creeping back, hoping to exploit Iraq’s riches.  Some 34,000 guards are being hired to protect Iraq’s pipelines.  Perhaps Libya’s “liberated” oil may lessen some of the disappointment over Iraqi oil.

President Obama has vowed all US combat troops will quit Iraq by December, 2011.   But a shell game is under way.  Two or more heavy US mechanized combat brigades are moving just a few hours drive south to new bases in Kuwait, ready to quickly intervene to prop up the tame Maliki regime in Baghdad.

Washington is trying to keep 10,000-20,000 US combat troops in Iraq, rebranded “trainers” and “anti-terrorism forces.”  Iraq has balked but may yet give in.   The new, huge, heavily fortified US Embassy in Baghdad will have 16,000 employees and its own private army of mercenaries.  What happens to the 100,000 other US-paid mercenaries in Iraq is uncertain.  One certainty: $34 billion US aid lost through fraud in Iraq and Afghanistan will never be recovered.

Army schedules Dec. 16 pretrial hearing for PFC Bradley Manning

This will be PFC Manning’s first appearance before a court and the first time he will face his accusers after 17 months in confinement. In a blog post this morning, Manning’s lead counsel, David Coombs, notified supporters that the pretrial phase is scheduled to last five days.

Senators Demand the Military Lock Up American Citizens in a “Battlefield” They Define as Being Right Outside Your Window

New Drone Sensor Could Instantly Spot Any Shooter

Study suggests feelings of guilt may be a top factor in PTSD

Teaching Children War

The Under-Examined Story of Fallujah

Army Wants Grenade ‘Bots to Fly, Spy, Then Kill

Top Marine says service embracing gay ban repeal

Half of Vets Returning From Iraq and Afghanistan Need Medical Attention

Joining the ranks of hundreds of Occupy offshoots that have sprouted up in cities across the country, veterans are enlisting in the grass-roots movement in increasing numbers, even ascending to leadership positions.

They are also among the movement’s first casualties.

A sidebar article offers insight into the rights of military personnel and veterans to protest.

Military officials said troops are free to participate in Occupy rallies but are prohibited from wearing their uniforms or presenting themselves as official spokespeople for the military.

That goes for those who have been discharged from active duty or drilling Reserve units but are still in the Individual Ready Reserve. All service members incur an eight-year obligation to the military — regardless of contract length — and are subject to involuntary recall from the IRR at any time during that period.

While it’s rare for veterans in IRR status to be charged for violating uniform rules, it’s not unheard of.

MLTF Executive Director Kathleen Gilberd was interviewed for this piece, and her contribution helped clarify the the concerns of troops and commanders alike.

Even when they aren’t technically breaking any rules, troops can find themselves facing repercussions, legal experts said.

“Commanders can sometimes get a little overzealous when they see someone at a protest on TV that they don’t like,” said Kathleen Gilberd, executive director of the Military Law Task Force, a San Diego-based advocacy group. “The rights are pretty clear, so often what happens is commands will informally harass them.”

Troops should be especially wary of attending protests where violence is likely, she said.

“The regulations say you shouldn’t go to a demonstration where violence or a ‘breach of the peace’ is likely to occur. But that’s pretty vague,” Gilberd said.

And commanders shouldn’t use that rule as a catchall to keep troops from attending rallies they don’t like.

“They can’t just say ‘don’t go there’ because they think something might happen,” Gilberd said.

SAN FRANCISCO – As part of the 99%, military servicemembers and veterans have been participating in Occupy protests in droves. But what are the consequences for such actions? Can servicemembers be punished under the Uniform Code of Military Justice for such protests, or do the freedoms guaranteed by the U.S. Constitution apply to them, too?

Please join the Bay Area Military Law Panel of the National Lawyers Guild, Iraq Veterans Against the War, Veterans for Peace, the GI Rights Hotline – SF, Courage to Resist, and Swords to Plowshares for a workshop on servicemembers’ rights to protest and related issues.

Tuesday, November 15, 2011
7:00pm – 9:00pm

American Friends Service Committee
65 Ninth St.
San Francisco, CA 94103

Topics covered:
• Servicemembers’ protest rights
• Potential impact on veterans benefits for criminal justice-involved veterans
• Protest participation and PTSD triggers
• Report back from IVAW’s participation and update on Scott Olsen

Moderator: Jane Kaplan
Presenters: Steve Collier, Teresa Panepinto, Rai Sue Sussman, others TBA

California attorneys may receive 1.5 hours of free CLE credit, .5 of which is ethics credit. If you would like to receive CLE credit, please RSVP to militarylawpanel@gmail.com.

This event is wheelchair accessible.

The National Lawyers Guild has endorsed the Occupy Wall Street protests in New York City and thousands of cities world-wide and offered legal support.

Members of the US military have joined the OWS protests in many locales. As the Military Law Task Force of the NLG, we stand ready to coordinate legal support for active duty servicemembers, reservists and veterans who are facing harassment and/or legal sanctions for participating in these important protests. (We can be reached by telephone at (619)463-2369 or on our website at this link.)

We also want to correct some of the misinformation given to members of the military about the right to protest. Contrary to popular opinion, active-duty members of the military do retain some of their constitutional rights. While there are some military-specific restrictions on these rights, most protest actions are in fact legal.

Department of Defense (DoD) Directive 1325.6, “Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces” and relevant case law lays out the basic parameters of what servicemembers can and can’t do, but in a nut-shell the basic thing to remember is that servicemembers retain their right to protest, except under the following situations:

1. Protests while in uniform(some commanders have interpreted this to even include wearing part of one’s uniform, such as wearing only one’s uniform boots with civilian clothing)
2. Protests on military property
3. Protests while on duty
4. Protests outside the United States
5. Protesting that includes the use of “disrespectful” speech about one’s command chain (including the President), even if this speech is true.
6. Protesting in situations that constitute a “breach of law and order” or where “violence is likely to occur” (arguably an unconstitutionally vague provision)

Along with these basic guidelines, other restrictions apply to partisan/electoral political activity – See DOD Instruction – Political Activities by Members of the Armed Forces 1344.10

And it is more important to remember that commanders often break the law, and seek to intimidate and threaten servicemembers who act within the boundaries of the law. If you or someone you know experiences this, please know that the MLTF has your back, and we can help you find a lawyer and/or a G.I. Rights counselor in your area to assist you in fighting back against unjust treatment. Please contact us for more assistance.

For more information:

• MLTF Leaflet “Free Speech in the Military”
• MLTF Leaflet “Is it legal to attend a demonstration”
• MLTF Leaflet “What rights does an active duty GI really have?”

EMERGENCY RESOLUTION BY THE NATIONAL LAWYERS GUILD ENDORSING THE OCCUPY WALL STREET MOVEMENT IN NEW YORK CITY AND OVER 1500 CITIES AND CALLING UPON LAWYERS TO JOIN THE PEOPLE.

WHEREAS, on September 17^th, 2011, two thousand people rallied in response to a call, using the General Assembly process, to occupy Wall Street and march to protest corporate influence in the political process. As of today, over 1500 cities have formed their own Occupations, gathering in General Assemblies in public spaces across the United States. Applying principles of direct democracy and consensus, and using the internet, these General Assemblies are determining the grievances, solutions and systemic changes needed to protect the 99% from the environmental, social and economic abuses of the 1%. This includes, which this Resolution incorporates by reference, the Declaration of the Occupation approved by consensus on September 29, 2011 at the New York City General Assembly in the occupied Liberty Square.

WHEREAS, the United States government and the U.S. Courts have repeatedly violated the United States Constitution in repressing 1^st Amendment rights of freedom of association, assembly and speech, and in denying habeas corpus and due process first to foreign enemy combatants and now to U.S. citizens accused of terrorism abroad,

WHEREAS, when the rule of law was no longer respected in Argentina, Pakistan, India, Tunisia, other nations during the Arab Spring, and worldwide, exasperated lawyers marched in protest hundreds of times,

THEREFORE BE IT RESOLVED that the National Lawyers Guild endorse the Occupy Wall Street movement, encourage legal observation and mass defense and call upon lawyers, legal workers and law students to march alongside the people in solidarity with the Occupy Wall Street movement. The National Lawyers Guild will also support the Occupy Wall Street movement by providing specific information on the U.S. treaty laws protecting the rights demanded by the people.

Submitted by Valeria A. Gheorghiu, Esq.
Approved by the membership at the NLG National Convention, Philadelphia, PA, October 2011

But the battle isn’t over. The repeal is still subject to attacks in Congress. Homophobia runs deep in the military, and we expect abuse by homophobic commands and servicemembers. For those who choose to come out in the military, we are concerned that harassment and discrimination may pose serious problems.

If you are subjected to harassment or see others being harassed, we urge you to contact the Military Law Task Force for legal assistance.

619-463-2361
nlg.mltf@gmail.com

LINKS

More legal documents and some analysis
http://www.ufppc.org/content/view/6718/

Thank You Lieutenant Watada !
www.thankyoult.org

View Lt. Watada’s Historic Speech to the 2006 Veterans for Peace Convention
http://www.youtube.com/watch?v=wj0hI4OyF3A.

ARTICLES

Seattle Post Intelligencer Editorial, 10/5/07

Watada Court-Martial: Let him go

SEATTLE POST-INTELLIGENCER EDITORIAL BOARD

The twists and turns of the court-martial proceedings against Fort
Lewis 1st Lt. Ehren Watada continue to cause pain and division.

Watada came to an easily debated but apparently sincere decision that
the Iraq war was wrong, even illegal. He had one mistrial, and his
attorneys are trying to block a second proceeding as violating rules
against double jeopardy. But the court-martial is scheduled to begin
Tuesday.

However the defense appeals turn out, we think there is a case for
letting Watada leave the Army without further ado. That could be taken
as a statement of higher-level confidence, a choice to focus on the
larger military mission that President Bush and Gen. David Petraeus
insist is making new progress. At a minimum, many of those who oppose
the Iraq war would welcome the leniency for someone they view as a
person of conscience.

AMNESTY INTERNATIONAL
PRESS RELEASE

AI Index: AMR 51/152/2007 (Public)
News Service No: 191
5 October 2007

Amnesty International today expressed serious concern that US Army First Lieutenant Ehren Watada could face up to six year’s imprisonment solely for his conscientious objection to participating in the Iraq war. Ehren Watada is due to face US court-martial on 9 October for refusing to deploy to Iraq.

“It is unacceptable that Ehren Watada should face punishment for peacefully expressing his objections to the war in Iraq. His internationally recognized right to conscientious objection must be respected,” said Susan Lee, Amnesty International’s Americas Programme Director today.

Ehren Watada refused to deploy to Iraq in June 2006, based on his belief that the Iraq war is illegal and immoral. Amnesty International believes that his objection to the war is genuine and that, if found guilty, he would be a prisoner of conscience who should be immediately and unconditionally released.

The right to refuse to perform military service for reasons of conscience, thought or religion is protected under international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), which the US has ratified.

Ehren Watada is charged with missing his unit’s deployment in June 2006 and with “conduct unbecoming an officer” for making public comments criticizing President George Bush and the Iraq war. In addition to a possible six-year prison term, he also faces a dishonourable discharge from the Army. His first court-martial in February 2007 was declared a mis-trial after questions arose as to whether Ehren Watada had understood a pre-trial agreement he had signed.

Ehren Watada joined the army in 2003 for a three-year term, which was due to end in December 2006. In January 2006, he submitted a letter to his army command outlining his reasons for refusing to participate in the Iraq war and asking to resign from the army. He did not formally apply for conscientious objector status because US army regulations stipulate that applicants for this status must be opposed to war in any form; they do not provide for conscientious objector status on the basis of an objection to a specific war.

Amnesty International considers a conscientious objector to be any person who, for reasons of conscience or profound conviction, refuses to participate in war or armed conflict. This can include refusal to participate in a war because one disagrees with its aims or the manner in which it was being waged, even if one does not oppose taking part in all wars.

In a speech given in August 2006, Ehren Watada defended his position, “One who breaks an unjust law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.”

Public Document.

• The Miles Foundation

  PO Box 423

  Newtown, CT 06470-0423

  telephone: 203.270.7861

  email: Milesfdn@aol.com or milesfd@yahoo.com

  hometown.aol.com/milesfdn/myhomepage/ (Link will open a new window.)

  The Miles Foundation: Mission, Service and Advocacy

  The Miles Foundation is a private, non-profit organization providing comprehensive services to victims of violence associated with the military; furnishing professional education and training to civilian community-based service providers and military personnel; conducting research; serving as a resource center for policymakers, advocates, journalists, scholars, researchers and students; and serving to ensure that public policy is well-informed and constructive.

  The Foundation is responsible for the development of a coalition of organizations throughout the country and abroad fostering administrative and legislative initiatives to improve the military response.

  The Foundation and its partners drafted Improving the US Armed Forces Response to Violence Against Women: Recommendations for Change. A copy of the Recommendations may be obtained by contacting our office at 203-270-7861 or Milesfdn@aol.com

• Servicemembers Legal Defense Network(SLDN)

SLDN is dedicated to ending witchhunts, death threats, imprisonment, lesbian-baiting, discharges and other discriminatory actions against men and women in the military harmed by “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass,” and related policies, through direct legal assistance, watchdog activities, policy work, outreach and education, and litigation support.

PO Box 53103,
Washington, D.C. 20004
202-328-3244
www.sldn.org/templates/about/index.html
sldn@sldn.org

• Center For The Study of Sexual Minorities in the Military (UCSB)
  http://www.palmcenter.org/

Reference Guides & Policy Information

• REFERENCE GUIDES
  • A Considerable Service: An Advocate’s Introduction to Domestic Violence and the Military was published by Domestic Violence Report (DVR), April/May 2001. Civic Research Institute, publisher of DVR, has made the article available through the Internet.
  • The “Survival Guide” (2007): A Comprehensive Guide to “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass” and Related Military Policies
• POLICY
  • New DoD Policy on Sexual Assault (article, 2005)

Research Studies

Interpersonal Violence Associated with the Military: Facts and Findings