is gathering 50 signatures to
Save The Rights & Benefits Of Our Military And Veterans
What we see happening in Iraq this very day is the result of dumbing down the rules of engagement, draw-down and pull out cowardly policies.
MEDIA REPORT: Active duty combat soldier denied due process, and convicted of murder under political correctness pressure: defendmichael.com On Wednesday May 14, 2014 in Sioux Falls South Dakota; Veterans of Foreign Wars (VFW) Post 628 unanimously passed the Resolution to restore full Constitutional rights to Due Process, for military members in jeopardy of losing those very Constitutional rights they fought for. On June 6, 2014 SD VFW State Department, under the leadership of State commander D. D. “Bulldog” Couch, and the support of incoming State commander D. D. Dahlin, unanimously passed the same resolution at their SD State Convention in Custer SD, further carrying this resolution on to the VFW National Convention in St. Louis MO on the 19th of July 2014. There to be put into motion for “The Good of the Order”, for full support and forwarded on to Congress. Please voice your support for due process for military members and veterans by voicing your support to your lawmakers and media.
Sioux Falls, SD Post 628 Resolution, No. # 1
Restoration of Full Constitutional Rights for military personnel charged with felonies.
Whereas, The U.S. Constitutional Rights pertaining to Due Process, contained in the Bill of Rights are understood as applying to all citizens and non-citizens within the continental United States of America, even illegal immigrants and terrorists awaiting trial in federal courts, and
Whereas, The Fourteenth Amendment of the U.S. Constitution guarantees “Equal Protection Under the Law” for all citizens and non-citizen charged with felonies, even illegal immigrants and terrorists held for trial, and
Whereas, The Uniform Code of Military Justice (UCMJ) as found in Title 10 of the United States Code, chapter 47 provides for standards of proof, punishment, and other legal issues that differ from that of civilian courts in order to maintain what the military sees as good order and discipline, and
Whereas, In the litigation of felonies of certain military personnel; the military courts, and Courts of Appeal for the Armed Forces (CAAF) have rendered decisions adverse to the defendant, due to a difference in Due Process under the law, than those prosecuted in Federal Criminal Courts, and
Whereas, The U.S. Code > Title 18 > Part 1> Chapter 13 > 242 recognizes abuse of authority, and provides sanctions for those that under color of Law, deprive anyone of any rights or privileges secured or protected by the U.S. Constitution or laws of the United States of America, and
Whereas, In U.S. v. Behenna, (A military Court Martial) the plaintiff argued unsuccessfully before the various military Appeals Courts, that the prosecution violated the “Brady disclosure” in that they withheld exculpatory evidence (Expert witness supporting Self defense) in violation of:
“Article 46, UCMJ.
2 The President’s rules provide that:
(3) The trial counsel must disclose to the defense the existence of evidence known to the trial counsel,
which reasonably tends to:
• Negate the guilt of the accused of an offense charged.
The U.S. Supreme Court, leaving no further appeals, ultimately denied defendant certiorari. These were appeals that would have set aside the guilty verdict, had it been held in a U.S. Federal Court, and
Whereas, 1st Lt. Behenna’s Court Martial, conviction, sentencing, and appeals up to the Supreme Court; demonstrates that there is no further appeals for military personnel, having been denied their Constitutional Due process rights. Rights every individual on American soil enjoys, except those who have put their lives on the line to protect those very rights.
BE IT RESOLVED, by the Veterans of Foreign Wars of the United States of America, that we support that Congress pass a law that will afford all members of the military the same Due Process under the law, that every citizen enjoys whenever they are charged with a felony. A felony that if convicted will cost that member of the military, the loss of those rights for which they have stood in the gap to protect.
Submitted by the Commander-in-Chief
To the Committee on NATIONAL SECURITY & FOREIGN AFFAIRS
The intent of this resolution is: To obtain Equal Protection Under the Law as far as Due process, for all military personnel; the same as is the right of every other U.S. citizen, non citizen, and charged terrorist on U.S. soil.
50 James's goal