Mass.: Coast Guardsman pleads guilty to distributing KKK material

[wicket]

What a scumbag :grr:

Coast Guardsman pleads guilty to distributing KKK material

A Coast Guardsman has pleaded guilty to posting Ku Klux Klan recruitment fliers at two sites on Cape Cod as well as a variety of weapons and explosives charges.

Petty Officer Chad Blair, 26, pleaded guilty at a court martial on Monday to posting the fliers last March at Barnstable Municipal Airport and at the Cape Cod Mall.

Blair, who is assigned to Air Station Cape Cod, also pleaded guilty to storing seven unregistered weapons, as well as grenade parts, fuses and explosive powder in military housing at Otis Air National Guard Base. He also pleaded guilty to charges of drunken and disorderly conduct, using a government computer to access a hate Web site while on duty, drinking on duty, and lying to investigators.

Blair faces a dishonorable discharge and up to 30 years in a military prison at sentencing scheduled for Tuesday in U.S. District Court.

Blair also said in court he contacted the grand wizard of the KKK in California in an attempt to start a local chapter.

[Donnachaidh]

1. So how are we dealing with terrorists in THIS country?

This guy should be sent to GITMO.

[TlalocW]

2. It's illegal to post KKK stuff?

Yeah, I agree he's a scumbag, but it's his legal right to be a scumbag. Everything else though, yeah, that's a little scary.

TlalocW

[ET Awful]

3. In a public situation perhaps, but as a member of the military, distributing

racist propaganda to other military personnel is contrary to the UCMJ and is a punishable offense.

[twilight_sailing]

4. "Barnstable Municipal Airport and at the Cape Cod Mall"

[ET Awful]

5. As a member of the US Coast Guard, he is bound by the Uniform Code of Military Justice

Which is why he was prosecuted in a Court Martial, not a civilian court.

He voluntarily joined the Coast Guard, and voluntarily agreed to be subject to the UCMJ. He was prosecuted under regulations he voluntarily subjected himself to, and for transgressions against those regulations that he voluntarily engaged in.

The choice was his all along.

[LostinVA]

6. Yup, exactly

[wicket]

7. Amen

Thank-you!

:hi:

[happyslug]

8. The First Amendment would protect his right to distribute KKK Materials.

His problem is the OTHER CHARGES i.e. :
He also pleaded guilty to storing seven unregistered weapons,
grenade parts,
fuses and explosive powder at Otis Air National Guard Base,
drunken and disorderly conduct,
using a government computer to access a hate Web site while on duty,
drinking on duty, and
lying to investigators.

Given that someone is ON DUTY 24 hour a day, denying such person the right to Access Information and to spread such information would be a Clear violation of the First Amendment UNLESS it somehow affected his ability to perform his military duty. Think about it, if he had been spreading information that Bush was an idiot (or the greatest President the US ever had) just being in the Coast Guard does NOT forbid him to hold such ideas nor spread such ideas (Providing of course it does NOT affect his military duties). Now he can NOT spread such information as if they were supported and endorsed by the US Coast Guard, but other than than he can do as he please within his status of being a Sailor in the US Coast Guard.

The real problem are the other charges. He has at least two violations of Federal firearms laws (i.e. having Fuses and grenade parts, the Unregistered Firearms may be unregistered on the base he was on as opposed to registered with the Federal Government thus NOT a Federal Firearm Violations, but if unregistered with the Federal Government Seven more charges). Furthermore the Sailor stored the weapons in an unsafe manner (i.e. in his locker it sounds like). The Sailor lied to investigators and was drinking on duty. The Sailor's attorney probably agreed to a plead provided he is only sentence on the later charges (And this was probably offered to the Sailor to avoid the first amendment issues).

Remember the ONLY rights in the Bill of Rights you lose when you are in the Military is your right to a Grand Jury Indictment and a Trial by Jury, you RETAIN ALL OF YOUR OTHER RIGHTS.

Now, you assume a "Status" while in the Military, the Status of being a Sailor, Solider, Marine or Airman. Thus you can be found guilty of violating your status i.e. if you desert, missed transport, disrespect your Officers, bring dishonor on the Military etc. Thus if you present to the Public you are a Klansman and the Service supports your right to be a Klansman, that is probably defensible under the First Amendment (Just change Klan to Wiccan and ask yourself should the Military ban Wiccans in the Military and the answer is generally NO). On the other hand if you are distributing to civilians Klans material that are implying that the Military supports your right to USE THE MILITARY TO FURTHER YOUR BELIEFS (Just like the Military would oppose a Wiccan or any other member of Religion to use the Military to spread their faith) that is a Violation of the UCMJ and NOT protected under the First Amendment. The need for Military Discipline AND the freedom of Speech is a hard line to divide and best left on a case by case basis. On the other hand lets be honest, the Military did NOT arrest and tried this Sailor because of his spreading of Klan recruitment letters, or being a member of the Klan, or even using Government Computers to look for Klan information. The Government arrested the Sailor and tired him for the WEAPONS he possessed. A racist in the ranks spreading his beliefs is NOT a harm to the Military, but someone who is ILLEGALLY storing Illegal weapons on Government property is a concern.

Why was the Sailor charged with these other charges when the Prosecutors had a nice easy conviction looking right at them in regards to the Weapons? First the Klan material showed the evil intent of the Sailor when it came to the Weapons and second the habit of Charging any criminal with all possible violations. This is more habit than needed (Like the Story of the Person who killed someone on a public street who was allegedly charged with Murder, Manslaughter, Carrying a Weapon and on top of that Jay-walking, and blocking traffic, I do not know the truth of that story but sounds about right for some Prosecutors).

My point here is the real crime and the real reason the Sailor was prosecuted was the WEAPONS not his KLAN Activities.

[happyslug]

10. I re-read the Article, he was sentence to ONE YEAR for ALL OF THE CRIMES

The the "Unregistered" Firearms had to be otherwise legal firearms he just did not registered with his command. This is a big non-no in the military since the 1960s for the Military want to know which of their Sailors and Soldiers have guns and who does not.

Drinking on Duty in many ways the most severe of the crimes for it directly affects the the ability of the Sailor to do his job.

Finally the lying to investigators is always a catch all, you are better off saying NOTHING than denying things that are true.

Thus I can NOT see the KKK literature nor use of Government Computer to go to KKK sites as a serious violations (Given the First Amendment).

Thus while the prosecutor wanted nine years the Judge gave him one, in simple term none of the Charges were considered by the Judge real concerns and I believe the Judge gave the long Sentence do to the number of weapons he had and did NOT tell his Command.

[butterfly77]

9. Plenty more where he came from...

how can this country fight terrorism, when the majority of americans are like this...

[Ioo]

11. I know this guys issue, 2 First Names, Both kinda gay!

Now I am gay so I can make this joke, but Chad Blair, no wonder he is so full of hate... His name Gay Gayington

[Kat45]

12. Don't distribute that shit in our state, asswipe!

As far as I know, we don't have Klan shit going on here in MA (if we do, it's probably a very small amount). I'm appalled to hear of this man trying to distribute hate-filled literature around here.

[wicket]

13. Amen to that!

It really burns me up! :grr: