| Johnny Birchfield, USN (ret.) |
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I salute the Lt. for having the courage to obey his duty to defend the constitution against all enemies foreign and domestic. His alliance to the constitution of the United States preempts his subordination to the Commander in Chief when the Commander in Chief and any other senior officer issue an unconstitutional order. This case is also unique in that any military tribunal (court martial) cannot be impartial because all of the members serving on that tribunal are subordinate to the President of the United States and the same senior military officers acting in collusion with the commander in chief to prosecute this illegal war. A change of venue is elemental to the LT. receiving a fair trial.
Secondly Congress may not delegate it war powers to the president because it violates separation of powers. Thirdly the president may not obstruct justice or congressional oversight trough the abuse of executive privilege and classification of information essential for congress to perform effective oversight of the activities of the chief executive and military. Fourthly, a preemptive war is only justifiable when the claims being made by the Commander in Chief are substantiated (WMDs and ties to Al Quieda). It is a matter of historical record that Iraq, although under the rule of a dictator did not have WMDs and hence the action was unjustifiable. Conquest-even to spread democracy (the new spin or justification for the war) - is inconsistent and repugnant to our constitution and democracy and violates the sovereignty of another nation and the will of that people. In addition the commander in chief, other members of the executive branch and senior military officers have violated the rules of war by engaging in unlawful detention of persons, the use of torture or s they put it "enhanced interrogation" and they are no less than war criminals. The military industrial complex and other corporate interests are the only ones who have profited by this war. This war had destroyed our nation’s credibility and continues to endanger our national security by manufacturing more terrorists every day and spreading anti-American sentiment throughout the globe. What does it say about our government when every citizen is now a suspect? What does it say about our government when for the first time in our history groups of its own citizens are actually plotting against it because it has become so corrupt and unjust? The Lt. may not prevail in court but he is doing the right thing. It will afford him little consolation for the hardship and deprivations he will have to suffer. Yet he should take comfort that many Americans agree with him and that ultimately history will prove him right. The wheels of justice grind slowly but the grind exceedingly fine. The Lt. will suffer dishonor, and their will be not ticker tape parade for him. Yet he is one of our country's bravest hero though his deeds and courage will go unsung like so many of the men and women who have sacrificed before him. Any defense should also mention the principles and precedents of the Nuremberg tribunals (obeying orders is no excuse)-for now our government would convict the Lt. for disobeying the same kind of orders Nazi war criminals were convicted of following...and likewise the massacres of civilians in Vietnam and now Iraq. His conscience know that this war is unlawful and unjustified and in direct violation of the constitution of the United States and international law. |
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