Navy Judge Finds War Protest Reasonable!

[G_j]

http://www.truthout.org/docs_2005/051305X.shtml

Navy Judge Finds War Protest Reasonable
By Marjorie Cohn
t r u t h o u t | Report

Friday 13 May 2005

"I think that the government has successfully proved that any service member has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."
-- Lt. Cmdr. Robert Klant, presiding at Pablo Paredes' court-martial


In a stunning blow to the Bush administration, a Navy judge gave Petty Officer 3rd Class Pablo Paredes no jail time for refusing orders to board the amphibious assault ship Bonhomme Richard before it left San Diego with 3,000 sailors and Marines bound for the Persian Gulf on December 6th. Lt. Cmdr. Robert Klant found Pablo guilty of missing his ship's movement by design, but dismissed the charge of unauthorized absence. Although Pablo faced one year in the brig, the judge sentenced him to two months' restriction and three months of hard labor, and reduced his rank to seaman recruit.

"This is a huge victory," said Jeremy Warren, Pablo's lawyer. "A sailor can show up on a Navy base, refuse in good conscience to board a ship bound for Iraq, and receive no time in jail," Warren added. Although Pablo is delighted he will not to go jail, he still regrets that he was convicted of a crime. He told the judge at sentencing: "I am guilty of believing this war is illegal. I am guilty of believing war in all forms is immoral and useless, and I am guilty of believing that as a service member I have a duty to refuse to participate in this War because it is illegal."

Pablo maintained that transporting Marines to fight in an illegal war, and possibly to commit war crimes, would make him complicit in those crimes. He told the judge, "I believe as a member of the armed forces, beyond having a duty to my chain of command and my President, I have a higher duty to my conscience and to the supreme law of the land. Both of these higher duties dictate that I must not participate in any way, hands-on or indirect, in the current aggression that has been unleashed on Iraq."

Pablo said he formed his views about the illegality of the war by reading truthout.org, listening to Democracy Now!, and reading articles by Noam Chomsky, Chalmers Johnson, Naomi Klein, Stephen Zunes, and Marjorie Cohn, as well as Kofi Annan's statements that the war is illegal under the UN Charter, and material on the Nuremberg and Tokyo tribunals.

..more..

[GreenPartyVoter]

1. Wow!

[Psephos]

2. Military respect for a man of conscience...

I hope it's the beginning of a trend. In any case, it's impressive.

Peace.

[drm604]

3. What are the implications of this?

How similar is the military justice system to the civilian one - does this set some sort of legal precedent? Does this make it easier to refuse to go to Iraq? I would think that a lot of people would take 3 months hard labor and a reduction in rank over going to Iraq. Does it apply to branches other than the Navy? Do we have any DU lawyers who can speak authoritatively on this?

[MADem]

4. It was a GUILTY verdict. That kid needs to watch his back: READ THIS

http://www.signonsandiego.com/news/military/20050513-9999-7m13paredes.html

Reduction to the lowest rank. Two months' restriction to the 32nd Street Naval Station. Three months of hard labor, but no jail time. Court adjourned.
"I'm so confused," said Victor Paredes, who flew in from New Jersey to be with his son during the court-martial. "I don't know what it means."

It means, in part, that Paredes won't be jailed for refusing to board the amphibious assault ship Bonhomme Richard when it left San Diego for the Persian Gulf in December with 3,000 sailors and Marines. Paredes has maintained that the war in Iraq is unethical.

It also means that Paredes, 23, will continue to be a sailor. He has more than a year left on his enlistment, and Lt. Cmdr. Robert Klant, the military judge in the case, didn't mention anything about a discharge.

The base restriction and hard-labor time will be served concurrently. The Navy did not immediately specify what "hard labor" would entail.

Klant's ruling fell short of the prosecution's recommendation of nine months' confinement, a bad-conduct discharge, reduction to seaman recruit and forfeiture of pay and benefits.

What this means is while on restriction (at 32nd Street, not exactly paradise on a good day), this kid will get some LOUSY duty. LOUSY. He has to keep his head down, jump when told, and not give anyone any lip. He needs to stay squared away, on time, on the dime. Any infraction and he will get the max they can give him for said infraction, and they will do it with glee.

That said, I think the young judge did a good job on this one. Talk about dividing the baby!