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Veterans Groups Unite Behind Kokesh Battle With Marines For Free Speech

By Kevin Zeese

04 June, 2007
Countercurrents.org

I’m writing this while on the road to Kansas City, MO in what the Veterans of Foreign Wars, in supporting Adam Kokesh in his fight for the free speech rights of vets, has described as a "circus" but which is a very real effort to muzzle veterans of the Iraq War and preventing the public from hearing their views of what is going on in Iraq.

We held a press conference outside of Union Station in Washington, DC before departing for Kansas City, MO on the Yellow Rose of Texas Peace Bus. You can see the press conference at:

http://www.youtube.com/watch?v=Z8kAXF1Ylss Kevin Zeese introduces Marine Mom Tina Richards of Grass Roots America, Garret Reppenhagen Chairman of the Board of Iraq Vets Against the War and Liam Madden, an IVAW member who is facing disciplinary action not only for speaking out while wearing a uniform but for "disloyal" statements while not wearing a uniform.
http://www.youtube.com/watch?v=67
geLw6w3Rk&mode=related&search=
KZ introduces attorney Michael Lebowitz, after his statement he responds to media inquiries.
http://www.youtube.com/watch?
v=6ApVMr4XcGk
Kevin Zeese introducing Adam Kokesh

On the road Adam Kokesh, Liam Madden and Tina Richards did constant radio interviews. This morning Adam, Liam and Cloy Richards -- all three who have been threatened for their speaking out against the war -- appeared on Good Morning America. The three had very little sleep the night before as we drove through the night to get to Kansas City. They broke off with a car and arrived in Kansas City at 4 AM and had to be in the studio at 8 AM. The Yellow Rose of Texas Peace Bush did not arrive till 8 AM after two days and nights of driving to get here.

When I was not trying to sleep in various uncomfortable positions, I spent my time on the bus directing media calls to the three spokespersons, providing background to the media and, as an attorney in the case, interviewing potential witnesses. I also stayed in touch with Michael Lebowitz, the lead lawyer in the case, about witnesses and other issues. One issue that came up was that the Marines were excluding the media from the hearing. The media was told that they were being excluded to "protect" Adam Kokesh. We filed a motion on Saturday asking that the media be allowed to observe and report on the hearing saying that Adam would be better protected by allowing the media to be present. We have not heard a response to this motion. The decision is at the discretion of the administrative board.

On the road we also got the good news of a second excellent Washington Post news article on the case as well as an excellent AP article. Both are reprinted below. They focused on the Veterans of Foreign Wars making a very positive statement of support for Adam Kokesh and the other vets under investigation. They urged the Marines to put an end to this "circus." It is great to see major veterans organizations uniting in their support of the free speech rights of vets. At the rally scheduled for Monday at noon in Kansas City we will have representatives of Iraq Veterans Against the War, Veterans for Peace and Veterans of Foreign Wars.

Along the road we were received friendly assistance from members of the Mennonite Church who provided us with breakfast in Columbia, MO yesterday and gave us some gas money for the trip -- both were greatly appreciated. Today when we arrived at a camp site in Kansas City peace activists had set up tents for us and reserved us an excellent space. They waited until 3 AM for us to arrive and to help direct us to the site but we did not arrive until the next morning. They also had food and a comfortable fire waiting for us. Along the way we received many honks, flashes of peace signs and flashes of lights in support of the large peace messages on our bus. There were a few people who were unable to get the two fingered peace sign up and only were able to get up one of those fingers but they were greatly outnumbered by the messages of support.

Tina Richards, Linda Schade and I are very pleased that Polly Richards and Pete Perry are working extra hard to keep the SWARM on Congress organized while we travel to this disciplinary hearing. I hope people will join them, U.S. Labor Against the War and Iraqi oil workers at a protest march planned for Tuesday at 5:00 PM in Washington, DC. The march begins at the offices of Bearing Point (80 M St., SE, Washington, D.C. – near Navy Yard Metro), the authors of the Iraq oil law, with a march to the U.S. Capitol at 5:30 (3/4 mile). Please join them.

People seem to recognize the importance of this case and the brave stance the vets are taking in challenging the Marines in their efforts to muzzle them. We appreciate the support and hope the Marines see the absurdity of their position. The only thing the Marines have succeeding in doing is sending a message that they do not want the public to hear the views of Iraq vets on the war. This only reduces their credibility which is already at a low level with many Americans.

In discussing the case with Adam and others we recognize that we win no matter how this turns out. If the review panel applies the law and facts fairly they will not even hear the case as they do not have jurisdiction over a civilian and Adam, an honorably discharged vet, is a civilian. Further, he did not even violate the regulation. But, if the hearing board takes the Kangaroo Court approach and rules against Adam and reduces his discharge to less than honorable, that will only free Adam to be more aggressive as an advocate for peace. And, believe me, you will see more aggressive advocacy by Adam and other vets no matter how this turns out. We've cooked up some great plans on this ride that will be announced at the appropriate time.

Kevin Zeese is director of DemocracyRising.US and chair of VotersForPeace.US.

My previous article on this case can be seen at:
http://democracyrising.us/content/view/939/151/

News reports below:

Washington Post http://www.washingtonpost.com/wp-dyn/content/
article/2007/06/01/AR2007060102421.html

In Clash With Marines, Reservists Gain Ally in VFW

By David Montgomery
Washington Post Staff Writer
Saturday, June 2, 2007; C01

The national commander of the proud, patriotic, 2.4 million strong Veterans of Foreign Wars (motto: "Honor the dead by helping the living") took one look at the mushrooming dispute between three antiwar Marine reservists and the U.S. Marine Corps, and knew where his sympathies lay: with the protesters.

"What the Marine Corps is trying to do is hush up and punish these individuals who served our country," Gary Kurpius, the national commander, said in a telephone interview. "All they're doing is exercising the same democratic voice we're trying to instill over in Iraq right now."

The Marines have accused the three reservists, all members of Iraq Veterans Against the War, of wearing their uniforms during political protests and making "disrespectful" or "disloyal" statements. All three were honorably discharged from active duty, but now face "other than honorable" discharges from the inactive reserve, which could affect future employment and veterans benefits.

The VFW issued a blistering statement on the controversy yesterday. Headline: "VFW to Corps: Don't Stifle Freedom of Speech."

Kurpius, an Army vet who fought in Vietnam, doesn't even agree with the protesters. "We're pretty much on record supporting the troops, and if you're going to support the troops, you're going to have to support their mission," he said. "I may disagree with the message . . . but I and my organization will always defend their right to say it."

The Marines respond that this is not a free-speech case. Adam Kokesh, 25, one of the protesters, "violated Marine Corps uniform regulations and he was disrespectful to a commissioned officer," said Master Sgt. Ronald Spencer, a spokesman for the Marine Corps Mobilization Command in Kansas City, Mo. "That would be the issue. It has nothing to do with free speech."

Kokesh, who fought in Fallujah and now is a graduate student at George Washington University, was wearing parts of his camouflage uniform in March during a demonstration where 13 veterans roamed Capitol Hill and downtown Washington carrying imaginary weapons to mark the fourth anniversary of the war in Iraq.

When Kokesh was contacted by the major assigned to investigate the case, he responded with an e-mail about his service and opposition to the war, and concluded with a profane suggestion about what the major could go do.

While all three reservists wore parts of their uniforms during demonstrations, at least one of the charges seems to involve speech only: Liam Madden, 22, of Boston, is accused of making disloyal statements in a speech where he accused the Bush administration of "war crimes"; said the conflict is a war "of aggression" and "empire building"; and said Bush "betrayed U.S. military personnel." Madden says he was not in uniform during that February speech in New York.

Spencer, after addressing the uniform issue, said he needed a few hours to research questions about the alleged disloyal statements, then did not return messages to answer those questions. Maj. Stewart Upton, a Pentagon spokesman, referred those questions back to Spencer, saying, "I'm unable to speak to the legal reasoning behind the freedom of speech charges issued by the Marine Corps."

Kokesh's lawyer, Michael Lebowitz, an Iraq Army vet with the Washington firm of Greenberg & Lieberman, says what's at stake is the very definition of a civilian. These reservists are among the 158,000 on the Individual Ready Reserve, a pool of discharged former active-duty soldiers and Marines who aren't paid, don't drill, have no chain of command, yet may be recalled to duty during the few years they are on inactive reserve. Lebowitz says they have the free-speech rights of civilians; the Marines disagree.

"Someone in the Marine Corps needs to exercise a little common sense and put an end to this matter before it turns into a circus," said the VFW's Kurpius.

The circus may already have arrived, in a white touring bus. Yesterday evening, Kokesh, 25, held a news conference at Union Station. Then he and his supporters boarded what they call the Yellow Rose of Texas Bus for Peace, festooned with flags and antiwar slogans for a road trip to Kansas City, where Kokesh faces a discharge hearing Monday.

In the crowd was Tina Richards, an antiwar activist who is the mother of Cloy Richards, 23, who served two tours in Iraq -- and who was also investigated for wearing his uniform during protests. The young man is 80 percent disabled and can't afford to risk the $1,300 a month he receives in veteran's benefits. He has been told he could lose them if he receives an other-than-honorable discharge, according to his mother.

"It's a form of intimidation and blackmail on the military's part to quiet the combat veterans who are speaking out against the war," said Tina Richards, who wears parts of her son's uniform to protest on his behalf.

Kurpius noted the example of retired generals -- including at least one Marine -- criticizing the war effort, even though retired top officers retain certain obligations to the military.

"I see them on CNN all the time, badmouthing the administration," Kurpius said. "Why is something not done about those individuals, when these poor troops are being hammered?"

# # # # #

Associated Press article has been published throughout the country and is at http://www.washingtonpost.com/wp-dyn/content
/article/2007/06/02/AR2007060200377.html

VFW Backs Vet in Trouble Over Protest

By SAM HANANEL
The Associated Press
Saturday, June 2, 2007; 7:20 AM

WASHINGTON -- The nation's largest combat veterans group on Friday urged the military to "exercise a little common sense" and call off its investigation of a group of Iraq war veterans who wore their uniforms during anti-war protests.

"Trying to hush up and punish fellow Americans for exercising the same democratic right we're trying to instill in Iraq is not what we're all about," said Gary Kurpius, national commander of the 2.4 million-member Veterans of Foreign Wars.

"Someone in the Marine Corps needs to exercise a little common sense and put an end to this matter before it turns into a circus," Kurpius said.

Marine Cpl. Adam Kokesh had already received an honorable discharge from active duty before he was photographed in March wearing fatigues -- with military insignia removed -- during a mock patrol with other veterans protesting the Iraq war.

A military panel in Kansas City, Mo., will hold a hearing Monday to decide whether he should be should be discharged from service and, if so, with what type of discharge.

Col. Dave Lapan, a Marine Corps spokesman, said Kokesh is under administrative review because he wore his uniform at a political event, which is prohibited. And, Lapan said, when a senior officer told Kokesh that he violated military regulations, Kokesh used an obscenity and indicated he would not comply with the rules.

"It's the political activity that is prohibited, not the type of event that it was," Lapan said. "If it had been a pro-war rally, it would still have been a violation."

The panel could recommend an honorable discharge, a general discharge or an other than honorable discharge. Kokesh could not be given a dishonorable discharge, which generally results from a court-martial. The final decision would be made by the commanding general.

A second Marine who was at the same event was also called about the violation, but told the officer he was unaware he was breaking the rules and said he would not do it again, Lapan said. That Marine has not been called to an administrative hearing.

Kurpius said the possibility of receiving a less than honorable discharge from service could threaten educational and other benefits Kokesh is eligible to receive from the Department of Veterans Affairs. The action might also prevent Kokesh from future employment opportunities that require a security clearance, Kurpius said.

"We all know that people give up some individual rights when they join the military," Kurpius said. "But these Marines went to war, did their duty, and were honorably discharged from the active roles. I may disagree with their message, but I will always defend their right to say it."

Kokesh received his honorable discharge after one combat tour in Iraq, but he remains part of the Individual Ready Reserve, a pool of former active duty service members in unpaid, non-drill status.

Kokesh's attorney, Michael Lebowitz, has called the investigation an effort to stifle critics of the Bush administration's Iraq policy.

AP Writer Lolita C. Baldor contributed to this report.

 

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