Monday, August 18, 2008.  Chaos and violence continue, Jeffry House still doesn't grasp what Justice Robert Barnes wrote in his ruling, Blackwater mercenaries are made to sweat, Ralph Nader fights for democracy and open debates and Cynthia McKinney makes it clear that she will not be intimidated by some 'supporters' who wanted her to cancel an appearance.

 

Starting with war resistance. Last Wednesday, US war resister Jeremy Hinzman was informed he had to leave Canada by September 32rd.  He and his family (wife Nga Nguyen, son Liam and daughter Meghan) have taped a video at the  War Resisters Support Campaign where Jeremy speaks to Stephen Harper, Prime Minister of Canada:

 

Title Card: War Resisters Support Campaign (Canada): www.resisters.ca

 

In These Times has an article by Peter Kavanagh and I'm going to take huge exception with a viewpoint offered by Jeffry House who really needs to start getting to know the facts.  Facts are your friend, Jeffry.  House represents Joshua Key (and many others) and maybe he thinks making ridiculous statements about the Barnes decision is to Josh's benefit?  I don't know.  But he was wrong when the decision was released and he's STILL wrong.  He tells Kavanagh, "The Key decision is of use to soldiers who have their boots on the ground and are ordered to commit acts [that] violate their consciences, and also violate international norms."  House is wrong.  Alyssa makes similar statements and I let it slide.  I cringe but let it slide.  She didn't live through the time period, House did.  Judge Barnes, PAY ATTENTION, found the Board to be in error by proclaiming "that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity."

 

Let me explain what NOT noting that is akin to: Finding out that your dream house has a closet painted the wrong color and saying, "Oh, forget it."  That sentence -- which escapes Allyson, shouldn't escape House.  Key words: MILITARY DESERTERS AND EVADERS.  Same words from Vietnam. Barnes is using those terms today.  Who's what?  Deserters are those who served in Iraq and then checked out.  Evaders would be those ordered to go to Iraq who checked out before deploying.  Barnes knows his terminology and he knows his history.  His decision is a very carefully constructed finding. By mentioning the category of military evaders he means who?  Jeremy Hinzman, Brandon Hughey and all others who checked out instead of deploying to Iraq.  Kyle Snyder, Joshua Key, Patrick Hart, etc would qualify as military deserters in the eyes of the court.

 

This isn't the first time Jeffry House has made public statements that have missed the boat (and, worse, damaged the cases of others).  I'm not going to sit here and smile and pretend it didn't just happen again.  He is WRONG.  Justice Robert Barnes' decision is a long one.  House was commenting on it without even reading it earlier.  It was obvious from the press that he hadn't even bothered to read it.  He may have read a summary but he didn't read the 23 pages.  Barnes is careful, considered and meticulous in his ruling.  He is specifically addressing Joshua Key's case but what he ruled provides openings for many war resisters -- regardless of whether they fall into the category of "military deserter" or "military evader."  The latter term, during Vietnam, was used to described those who were evading the draft.  The "evader" has always been the one who has not been on the battlefield.  Barnes is using that term today and Jeffry House should have caught that and should have understood its significance.  It's been over a month since that ruling was issued.  There's no longer an excuse for not being familiar with it.  We'll try to note Kavanagh's article again later in the week -- really note it -- but this is exactly the nonsense (House's -- I'm not referring to Kavanagh) that keeps hurting war resistance.  It is exactly why Mactavish was able to dismiss concerns as "speculation."  (And, hello, we pointed the dangers of that 'strategy' out here at the start of July.  Long before Mactavish offered that ruling.  And noted it would be dismissed as "speculation."  As it was.)  I'm sure House and others are overworked but there are too many basic points of law that are repeatedly being missed.  The ruling is 23 pages long.  All representing war resisters in Canada need to read over the ruling (read it again if they already have).  Don't take House's summary as gospel because this is the second time he's spoken of it publicly and been wrong.  Not only do you need to read it for what it says (such as "military deserters and evaders"), you need to read it while thinking how it directly effects your client's case and how YOU CAN TRY TO EXPAND IT to do so.  That is building on the ruling.  And, one more thing, Barnes mentions Jeremy Hinzman in his ruling.  He didn't have to.  The fact that Hinzman is mentioned in the ruling makes the ruling especially significant to Jeremy's case.  More so than any other war resister except Josh.  Equally true, Barnes' statement that, "Officially condoned military misconduct falling well short of a war crime may a support a claim to refugee protection" is a statement that applies to all, not just those who had their boots on the ground.  If only those whose boots were on the ground could make that assessment, Barnes couldn't make it himself.  He's dependent upon testimony and findings (including the International Red Cross).  The same testimony and findings he depended upon to make his ruling may have had impact on the decision of a US war resister currently in Canada who did not go to Iraq.

 

Irwin Loy (24 Hours Vancouver) reported over the weekend on Michael Beyers who is running for the Canadian Parliament and declared, "I believe in a Canada that grants asylum to principled young Americans that said no to an illegal war."  Byers is an NDP candidate and the NDP has a long history of supporting war resisters.  Just as Oliva Chow is among those leading the charge today, NDP-ers like Ed Broadbent led it during Vietnam.  Back then, Broadbent was regularly pointing out Canada's long history as a place for sanctuary such as when he noted, "Our tradition of welcoming those who are essentially political refugees goes back to the United Empire Loyalists."  Broadbent would go on to take the NDP to new heights in the immediate post-Vietnam period.  There is no political fallout for Canadian office holders on this issue.  [Click here for CBC coverage of Broadbent.]  This is the press release issued by Oliva Chow's office on the decision to deport Jeremy:

 

 

Courage to Resist alerts, "Supporters are calling on Hon. Diane Finley, Minister of Citizenship and Immigration, to intervene. Phone 613.996.4974 or email finley.d@parl.gc.ca,"Iraq Veterans Against the War also encourages people to take action, "To support Jeremy, call or email Hon. Diane Finley, Minister of Citizenship and Immigration, and ask her to intervene in this case. Phone: 613.996.4974 email: finley.d@parl.gc.ca." In addition to that, Canada's War Resisters Support Campaign is staging an emergency meeting this week (August 20th, Wednesday, 7:00 pm, Steelworkers Hall at 25 Cecil St.) and planning a day of action (September 13th) where "[a]ctions, demonstrations and pickets will take place in cities and towns all across Canada."

 

 

 

Chuck Baldwin, Bob Barr, Cynthia McKinney and Ralph Nader are presidential candidates.  There is no need for "presumptive" to be used as a preface.  They are presidential candidates.  They get very little coverage.  The debates need to be opened and click here for Third addressing that yesterday and this was left out in the rush to type (Jim added it this morning -- thank you to community member Lynda), wo we'll include that section in full here:

 

 

Steven Argue (Dissident Voice) reports that Green Party candidate Cynthia McKinney (and running mate Rosa Clemente) will be participating in Recreate '68 in Denver in spite of the fact that "the Green Party of Colorado has issued false statements to the press and all over the internet claiming that Green Party presidential candidate Cynthia MiKinney will not be participating in the Recreate '68 events."  We don't have room in the snapshot for Cynthia's statement in full (it'll go in one of tomorrow's morning entries) but here is the opening (and for space, paragraphs are going to run together):

 

 

At this point Cynthia states that some Colorado Greens threatened her with stopping the ballot access efforts in Wyoming if she didn't agree not to appear and she was told, basically, 'We supported Elaine Brown and not you anyway, nah-nah-nah.' She then lists some of the people participating who have stood up regularly for what was needed before concluding:

 

Rosa and I have not been given any rational, ideological, or strategically-acceptable reason by the Green Party of Colorado to dissociate ourselves from the movement that this country so desperately needs and that these individuals and organizations participating represent, as we all attempt to hold the Democratic Party accountable for its complicity in all of the crimes of the Bush Administration.  Therefore Rosa and I will keep our appointments in Denver and we hope that the members of the Green Party of Colorado will attend our sessions and listen to what we have to say.  I have faith that by taking principled stands against war and occupation, human rights abuse, the prison-industrial complex, and in support of freedom for political prisoners, the Green Party will emerge stronger.

 

Finally, from Ralph's Daily Audio, here's today's "The Bloated Defense Budget:"

 

This is Ralph Nader.  Remember reading or hearing the farewell address of President Dwight Eisenhower? 1960, when he warned Americans about what he called "the military industrial complex."  Well, just a few words about where we are in the military budget.  It's now 1/2 of the entire federal government's operating expenditures.  It's way over $700 billion and that's not counting the money for helping our veterans.  Both Obama and McCain want to increase the military budget.  The Government Accountability Office yearly describes the gigantic Pentagon contracting budget unaduitable.  Just imagine, half of what the federal government spends in operating expenditures can't even be audited.  For example, people inside the Defense Department think that the F-22 should never have been contract for, built wasn't necessary. The Osprey helicopter -- defective, killed quite a few marines in test flights, shouldn't have been built in their judgment. Hundreds of billions of dollars are in the pipeline for weapons systems that were designed for the Soviet Union-era of hostility. They no longer have any strategic value and many of them are redundant.  We've got to cut the waste out of the huge military budget and put that money back into repairing America's public works and cities, towns and rural areas all over the country.  If we cut out the expenditures of keeping our soldiers out of Japan and Western Europe -- 60-plus years after WWII -- a portion of that money could give free education to all students in public universities in the United States. Think about it.  Think about who stands for a lean defense -- not a wasteful defense; who stands for respecting your tax payer dollar and returning it to you to improve the public facilities, schools and clinics, libraries, drinking water systems, sewage stream and plant upgrades among some of the deferred maintenance that's reducing the facilities that are necessary for a thriving community. 

 

 iraq