A NATIONAL CALL TO ACTION: A Campaign for Justice For Veterans

Veterans Diversionary & Treatment Courts

An appropriate alternative to incarceration for Veterans

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By Jan Ruhman

Operations Coordinator

www.VetSpeak.org

Ed Note:  A prototype of this article was originally published in the Spring 2010 Edition of the VVAW newspaper, The Veteran. With updated research data, it has been revised and is presented here on our pages, in it's revised form.  It is different in the courts approach, and in this scenario kicks in at the moment a Veteran is charged, long before conviction.  This ensures that prior convictions can't be used to prevent Veterans from being diverted to Veterans Court. WH

Each and every day in cities and municipalities across the United States of America recently returned Iraq and Afghanistan Combat Veterans as well as veterans from other wars come into contact with our nations “first responders”, Police and Firefighters, resulting from a criminal offense. Many of these veterans suffer from Post Traumatic Stress Disorder (PTSD), a direct result of their service to our nation. We believe that their service to our nation and its resulting mental health issues must be taken into consideration both “before” trial and at sentencing.

Under existing law, in many jurisdictions, if a “convicted” defendant was a member of the military forces of the United States who served in combat and who suffers from substance abuse or psychological problems resulting from that service, the court may, under specified circumstances, order the defendant committed to the custody of federal correctional officials for incarceration for a term equivalent to that which the defendant would have served in state prison.

A law enacted in California in the 1980’s, expressly for Vietnam Veterans, granted prosecutors and judges considerable discretion in considering a veterans military service in combat and its resulting PTSD only at time of sentencing. On August 31, 2006 Governor Arnold Swartzenager signed into law Assembly Bill No. 2586 which extended that discretion to veterans of all wars.

However, with no formal Veterans Court System in place to direct veteran offenders to prosecutors and judges rarely take into consideration a veterans military service or its resulting PTSD. In fact, prosecutors, more often than not, make motions to exclude from trial the veterans military service, their time served in combat and their PTSD diagnosis and, more often than not, judges grant the motions. Effectively stripping the veteran of any hope of mounting an effective defense in helping to explain and mitigate the circumstances of the crime committed.
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The Scope Of The Problem
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A RAND Corporation study, dated April 17, 2008 concluded that one in five Iraq & Afghanistan Veterans suffer from PTSD or major depression.  

• Nearly 20 percent of military service members who have returned from Iraq & Afghanistan – 300,000  in all – report symptoms of post traumatic stress disorder or major depression, yet only slightly more than half have sought treatment.
• In addition, researchers found about 19 percent of returning members report that they experienced a possible traumatic brain injury while deployed, with 7 percent reporting both a probable brain injury, current PTSD, or major depression. 
• PTSD problems are likely to worsen if the Veteran has served multiple tours, resulting in inadequate home time between deployments, increasing combat stress rates by as much as 50 percent.

Many service members said they do not seek treatment for psychological illnesses because they fear it will harm their careers in and out of the military.  But even among those who do seek help, only about half receive treatment that researchers consider “minimally adequate” for their illnesses.
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In the first analysis of it’s kind, researchers estimate that PTSD and depression among returning service members will cost the nation as much as $6.2 billion in the two years following deployment – an amount that includes –both direct medical care costs for lost productivity and suicide.  Investing in more high-quality treatment could save close to $2 billion with-in two years by substantially reducing those indirect costs,the 500 page study concludes.
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No Veteran comes home from war unchanged.  But with early intervention and treatment most can revoer and lead a productive and healthy life.  A key piece of the puzzleis establishing Veterans Diversionary & Treatment Courts in every state, county, city and municipality, so that Veterans receive the help that they need in healing from the war.

Veterans Diversionary & Treatment Court

A Veterans Diversion Court, modeled on the courts established in Tulsa, Oklahoma and Buffalo, New York, would instead provide that if a person is charged or convicted of a criminal offense and alleges that he or she is a veteran and committed said offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming from service in the United States military, the court shall, prior to trial and sentencing, hold a hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from post-traumatic stress disorder, substance abuse, or psychological problems as a result of that service.

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If the court finds that the defendant’s actions resulted in a crime being committed as a result of one of those factors related to serving in the military, then the court may “divert” the offending veteran to the Veterans Diversion and Treatment Court and hold the conviction in abeyance while placing the veteran on probation and ordering the veteran into a court supervised treatment program run by the VA or another Court Approved Program if VA assistance is not easily available due to distance to the facility from the vets home.

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(a) Any person convicted of a criminal offense who would otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming

from service in a combat theater in the United States military, (b) If the court concludes that a defendant charged with a criminal offense is a person described in subdivision (a), and if the defendant is otherwise eligible for probation and the court places the defendant on probation, the court may order the defendant into a local, state, federal, or private nonprofit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists.

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In San Diego a small but dedicated group of military attorneys, VA & community mental health professionals, police, judges, public defenders and prosecutors has been working on establishing a Veterans Diversion and Treatment Court to make certain that former and current members of the U. S. Military get a fair shake from the Legal System by taking into consideration their military service and their need for help in healing from the hidden wounds of war when they come home.

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It is our responsibility, as veterans, to speak with force and conviction to our elected representatives at all levels of government and to help them see the wisdom in taking care of the troops when they return home from war. The task of mounting a national campaign is done at the community level by activists’ and community organizers but the funding comes from many sources.

• Ask your Congressperson to “reintroduce” and support H.R. 7149, originally  introduced September 26, 2008,  to provide “funding grants for states and local municipalities to help establish Veteran Diversion and Treatment Courts ”.
• Ask your Senator to “reintroduce “and Support S. 3379, originally introduced July 31,2008, to provide “funding grants for states and local municipalities to help establish Veteran Diversion and Treatment Courts ”.

I encourage you to organize in your county or city with the goal of establishing Veterans Diversion and Treatment Courts in every state, county, city and municipality (a few people can make a huge difference), do community outreach and hold public forums to educate the public and other veterans of the need. Meet with your elected representatives to discuss this and other critical issues affecting  veterans nationally and locally, and if you don’t get the respect or the support from your elected officials that veterans with PTSD deserve call them on it, write letters to the editor,  hold a press conference and picket outside of their offices. And above all do not be discouraged……you can and you do make a difference.

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Jan A. Ruhman is a Marine Corps Veteran of Vietnam. He was an activist member of VVAW in the 1970’s in Los Angeles and Southern California and is the San Diego Contact for VV AW. He is a founding member of the Banished Veterans Defense Committee. He is also a member of Veterans For Peace in San Diego and is the Operations Coordinator for Vetspeak.org a blog run by former members of the U.S. Military with the intent to publish the critically important voices of veterans. He can be reached by email at jan.ruhman@vetspeak.org  or by phone at 858-361-6273.

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www.VetSpeak.org

The Fight is On: Banished Veterans are looking for a few good advocates and activists to join in...

STOP the Deportation of U.S. Veterans

Arrested, Imprisoned, Banished & Betrayed On Behalf of a Grateful Nation

Ed Note: This piece also appears in the VVAW Spring 2010 The Veteran newspaper, and Jan has submitted a National Call to Action to VVAW, for adaptation as a National VVAW Campaign.WH

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By Jan Ruhman

Operations Coordinator

www.VetSpeak.org

When I first heard of the deportation of veterans I said Bull Shit, they don’t deport veterans. After 62 years I should have known better. At first I became pissed off at yet another example of our government treating veterans like condoms, “use them once and throw them away”,  and when I calmed down I took action.

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If you had Googled “deportation of veterans, deporting U.S. Military Veterans, banished veterans” or any combination of words to describe this national disgrace in January of 2009 you would have found very little on this injustice.  Since then we have, with the guidance and assistance of a dedicated Immigration and Criminal Defense Attorney, Heather Boxeth, who serves as Lead Council:                                                                                                                           

• Formed a National Banished Veterans Defense Committee & Clearing House  in San Diego California.
•  Drafted the Proposed Amendment to the Law & Legal Rational
•  Created a Banished Veterans Brochure with an outline of issue, proposed change in law, a brief history and talking points.
• Created a Letter for concerned citizens to send to The President of the United States and to the Director of Homeland Security requesting that they stay further deportation of former U.S. Military Veterans
• We have given dozens of interviews to newspapers, radio and television.
•  Spoken before The Military Order of the Purple Heart and the American Legion as well as numerous community groups in Southern California.
• Presented the issue to the Veterans For Peace National Convention in 2009 and put on a workshop with a panel that included a Vietnam Era Veteran and member of VVAW, Louie Alvarez, who is facing deportation, a family member, Angelica Madrigal, our lead attorney, Heather Boxeth and me.
• Traveled to Washington DC, walked the halls of Congress and lobbied members of Congress.
• Lobbied Congressional Representatives in San Diego, Orange County & Pennsylvania.
• Presented the issue to the 2009 National Lawyers Guild Convention which adopted a resolution to form a National Banished Veterans Committee of the NLG to advocate for a change in the laws to make all veterans “U. S. Nationals”.
• Submitted a Resolution to the Democratic Caucus process in Colorado that is currently being shepherded through the system by Calixto Cabrera of VVAW.
• Met with all five (5) members ‘of the San Diego Congressional Delegation and several other Districts in Southern California with members of Veterans For Peace, Chapter 91 who have adopted the issue as a main focus of concern for community outreach and congressional action.  
• Set-up a website run by the affected veterans at www.banishedveterans.info

Today if you Google any combination of words to describe the deportation of veterans you will find hundreds of Newspaper articles, TV Interviews, Radio Shows and blogs on the issue and were just getting started.

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Many regressive Members of Congress insist it’s an “Immigration” issue and will be dealt with when they take up Immigration Reform. Bull shit! This is a National Veterans Issue and don’t let anyone try and tell you different and if you think Healthcare was mean spirited just wait until they take on immigration reform. For me, as a Vietnam Veteran it’s simple, it’s a Semper Fi thing, “No Man Left Behind”. It is absolutely not an immigration issue as some anti-immigrant members of congressman would like to cloak it.

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In short we have shined a light on an issue that our government would like kept in the dark. But a year later little has changed, the Deportation of U. S. Military Veterans continues unabated. And while I am proud of the progress that we have made with no money and very few volunteers I cannot help but  imagine the impact and progress that could have been made had Banished Veterans become a National Campaign of VVAW, adopted by and worked on by members and supporters all over the country.

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It’s time to shine a brighter light on this injustice. It’s time to take this issue to all Congressional Districts in all 50 states. It’s time to take this issue to all veterans’ organizations nationally and to ask them to support a resolution to protect these veterans. I propose that VVAW adopt at its upcoming National Steering Committee Meeting the following Resolution for the memberships consideration. These men served. They were willing to die to protect and defend this nation. We can do no less than form and deploy the reactionary squad and march to the sounds of the battle in defense of these veterans.

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To view the photos and read the stories of some of the Banished Veterans go to the website that they have created and run at www.banishedveterans.info  and if you are so moved, click on “DONATE".
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www.VetSpeak.org

Another Front In The Fight For Veterans Rights...

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Ed Note:  Jan Ruhman, VetSpeak Operations Coordinator, VVAW SoCal Organizing Coordinator, and 2010 President of Veterans For Peace, San Diego, is up to his ass in alligators on this important issue, out in California.  To date, he has taken the issue to the recent VFP National Conference, and has been to Washington, D.C. to lobby Congress on behalf of these Veterans who are now being disowned by the country that they served in war. We are re-publishing this article in full (photos added from Google archives), in the hopes that Huffington Post is as anxious as we are to get the word out, as far and wide as we can, to any and all who will listen.  Folks who will perhaps lend some support, either financially, or by contacting Banished Veterans, and offering active, boots on the ground, support.  They need money, to finance travel and legal fees; warm bodies to rally, and to lobby, lending personal voices of support for the Victims of this outrage, and their families.  You can make personal contact at the enclosed links, and you may make a direct donation to the efforts by clicking on http://www.sdvfp.org/donation.htm. WH


Veterans: Banished and Betrayed

By Barton Kunstler
Author, “The HotHouse effect”
Originally posted at HuffingtonPost, 01/13/2010 
x“Banished veterans." The phrase shouldn't make sense. Someone joins the military, fights in a war, returns home, and then is banished? Thankfully, this can't happen here...

But it is happening here. Thousands of men and women who have risked their lives in the country's wars have been deported or are living under the threat of deportation because they committed non-violent crimes that often wouldn't warrant serving jail time. Many of these vets suffered from Post Traumatic Stress Disorder (PTSD), a condition often overlooked by our nation's health care system.

These vets can be deported because they are not U.S. citizens. Gabriel Delgadillo, a Vietnam veteran, committed a burglary in 1988. Eight years later, burglary was declared a deportable offense. Only then, in a retroactive application of the new law, was he deported, leaving behind a wife and seven children. Sen. Patrick Leahy (D-Vermont) officially deplored Delgadillo's deportation in May, 1999, stating:
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"These harsh new measures have now snared immigrants who spilled their blood for our country. As the INS prepares to deport these American veterans, we have not even been kind enough to thank them for their service with a hearing to listen to their story and consider whether, just possibly, their military service or other life circumstances outweigh the government's interest in deporting them".

Robyn Sword, an activist on behalf of banished vets whose fiance, Rohan Coombs, is facing deportation for drug offenses, pointed out in an interview that many people simply can't get past the image of a "convicted felon." Who wants them here, right? That might be understandable in cases of violent crime but such an attitude is inexcusable when applied to most banished veterans.

Rep. Bob Filner (D-Calif.), Chairman of the House Committee on Veterans Affairs, sums up the dilemma that faces so many veterans:

"We sent these kids to war - and war has affected their mental and psychological condition. Providing support for returning veterans is an obligation we owe to those who have sacrificed so much for our country".
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But the courageous Leahy and Filner aside, you won't find many politicians willing to risk being called "soft on criminal aliens" - even if they were willing to send those men and women into combat. But the knee-jerk sound-bite reaction doesn't capture the truth of the situation.
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No one is claiming PTSD as an "excuse" for someone who commits a non-violent crime, but it is a cause. Nor are any of the banished vets claiming PTSD as a reason for not facing their punishment under the law. They were busted, went to court, served their time. In California, grand theft means stealing $400 or more and is a deportable offense; DUI is also a deportable felony in many states. Felons deserve punishment according to the law. But banishment goes far beyond the bounds of a reasonable sentence. It is absolute in scope, and psychologically cruel. Yet we still insist on betraying people who instead deserve our thanks and the support of whatever social services it takes to support them as citizens, as equals in American society.
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Craig Shagin, a Harrisburg, PA immigration lawyer and author of the book, Deporting Private Ryan, describes a client who at 17 years old got into a fist fight in school in Georgia and was given a one year suspended sentence. Eleven years later, after military service, he was arrested for an even lesser offense, but because of the fighting conviction, he became subject to deportation. Had the fist-fight occurred in many other states, he would have gotten probation and would not have been deported.
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PTSD is devastating and plays a role in many of these veterans' legal problems. Veterans Administration hospitals are overwhelmed with PTSD cases. The great majority of arrested vets with PTSD have families and friends, jobs, aspirations, and struggles just like everyone else. Half of all Vietnam vets suffering from PTSD have been arrested. Labels might cast them as pariahs, but by now we should be smart and compassionate enough to know that many different paths lead to arrest and that an arrest doesn't define one's humanity.

Vets have been deported for registering their neighbors' cars under their own names, adultery, smoking marijuana (now legal in many states), stealing two chickens, and shoplifting. As Shagin states, "The courts are reading the regulations of the statute...in a hyper-minimalist way and without any consideration for the historical antecedents for what a national is." A "national" is a non-citizen who owes allegiance to the U.S. and in return receives legal protections, including immunity from deportation. Every member of the armed forces has taken such an oath of allegiance and one can argue that legally every veteran is a "national" and hence not subject to deportation; inexplicably, the courts have not seen it that way.

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At least not since 1996. That year, the Republican Congress passed - and then President Bill Clinton signed - the Immigration and Naturalization Act which drastically expanded the list of crimes for which one could be deported. Shagin points out that before 1996, there were virtually no cases of veterans being deported. Before 1996, the courts routinely considered one's veteran's status as a reason to bar deportation even for the most serious crimes and virtually none were deported. No longer. Since 1996, estimates of the numbers of deported vets are in the 30,000 to 40,000 range, although no one knows for sure: the exact figures have never been released.

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It gets worse. Jan Ruhman, a San Diego ex-Marine with two tours of duty in Vietnam who is now a leading advocate for banished vets, notes that the 1996 law was written with entrapment in mind. Offenders are often faced with a choice of two plea-bargains with differing jail sentences, for instance, a three-year or a one-year sentence. Naturally, he or she takes the one-year sentence. Because of technicalities written into the 1996 law, it is often the lesser charge that results in deportation. Many criminal lawyers are unaware of the implications for immigrants of these lesser pleas, and both Ruhman and Shagin are convinced that the law was written to entrap as many immigrants as possible into making the wrong choice. This is quite likely, as the law also states that judges have no discretion in deportation cases. They cannot consider a person's veteran, family, work, or health status. Such considerations are a mainstay of our legal system and it was malicious of Congress to apply such a standard to a specific group across a wide range of minor offenses.
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This wouldn't be the case were the vets granted citizenship. And it turns out that's exactly what they were promised by their recruiters. They were already legal permanent non-citizen residents with green cards, as required for joining the armed forces. As Sword points out, army recruiters target low-income immigrant neighborhoods, and most of these recruits were promised by recruiters that they would receive citizenship because they signed up for military duty. The armed forces, in effect, lied to them and the military sure hasn't had these veterans' backs when the empty promises led to deportation from the country for which they risked their lives. In fact, if they had died in battle, they would have been qualified to receive a full-scale military burial, coffin draped in an American flag, and a 21-gun salute. But alive they are castaways.
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There's another deadly wrinkle to all this. Deported vets who served in Iraq and Afghanistan include immigrants from the Middle East. When they are sent back there, they run a seriousrisk of becoming targets of revenge In some countries, having served in the U.S. armed forces could lead to a loss of citizenship, and any country that subscribes to the International Criminal Court could prosecute those vets for war crimes.

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In the end, the banished vets are "just" a bunch of forgotten ex-soldiers, but fate has seen to it that they're not only to be forgotten, but removed entirely from the nation they served. Director of Homeland Security Napolitano should order an immediate stay of deportation for all vets currently living in the shadow of this cruel and unusual punishment. President Obama constantly pays lip-service to his respect for the men and women of our armed forces. He speaks eloquently of their sacrifice. He plans to send another 30,000 more into Afghanistan. But does his concern extend to this forgotten class of soldiers? Will he show his supporters that he has the courage of his rhetoric? Please, take it upon yourself to call upon President Obama and Congress to grant citizenship and restore the right to live in the United States to these banished and betrayed veterans of our country's wars.
xMore information on this topic can be found at http://banishedveterans.intuitwebsites.com/.

Contact Jan Ruhman to become actively involved:
jan@vetspeak.org
Cell # 858-361-6273

Contact Legal Team:
Heather M. Boxeth, Attorney-At-Law
hmboxeth@gmail.com

Freedom isn't Free, please Donate to assist our campaign against this outrageous behavior towards Veterans who have honorably served their country, the United States of America.

http://www.vetspeak.org/

VETERANS DEPORTATION - ACTION ALERT: Seeking Personal Testimony re Military Recruiting and US Citizenship

*ACTION ALERT*

Please give this top priority and distribute ASAP to all members and any and all veterans groups and or individuals.

Fellow Vets & Supporters,

The email request below is an "URGENT REQUEST" from a Pro Bono Attorney here in San Diego that is assisting us with the Deportation of U.S. Military Veterans Issue. Specifically for a Vietnam Veteran who has been deported. Please review her short request for assistance for background information based on your personal knowledge and experience and email her directly. Please Cc me as well at jan.ruhman@vetspeak.org. Her email address is at the end of her email request below. Thank you.

Jan A. Ruhman
VVAW & VFP
San Diego
Cell # 858-361-6273

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Request for support

I am a pro bono attorney representing a Vietnam War vet who was recently deported back to Mexico. We are filing some legal paperwork to have a prior conviction vacated in county court but the judge wants additional evidence to support my client's assertion that he was promised automatic citizenship when he enlisted in the army back in 1973. Is there anyone who, either from personal experience or through others, knows whether or not this was common practice by Military Recruiters (e.g. making promises of US citizenship) to induce immigrants to enlist into the military? Or even after enlistment, did superior officers or NCO's tell immigrant soldiers that they would be given citizenship because of their military service?

I acknowledge that this was not the official policy of the United States military but even a few anecdotes to demonstrate that this did in fact happen on a few occasions would be exceedingly helpful. Please feel free to contact me via email at van.nguyen@lw.com, if you have further questions, comments, or suggestions.

Many thanks in advance.

Van T. Nguyen, Attorney at Law
LATHAM & WATKINS LLP
600 West Broadway, Suite 1800
San Diego, CA 92101-3375
Direct Dial: +1.619.238.2823
Fax: +1.619.696.7419

http://www.vetspeak.org/

Freedom for the Winter Soldier, is not Free: A Resister's Journey

Human Costs…

By

Robin Long

Winter Soldier & Resister

Released from MCAS Miramar Brig  07/09/2009

4 July 2009 - Five days prior to Freedom
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Wow what a journey the last four years have been. I started 2005 in a place I did not want to be. I was trapped between military commitment & moral convictions. By mid year, I had refused deployment to Iraq and followed the military resisters and draft dodgers of the 60’s & 70’s, north to Canada. I left with a backpack, sleeping bag, $600 and no idea what I was doing. I knew absolutely no one and my plans were limited to where I would sleep and where I would get my next meal. I followed my intuition and it lead me to Nelson, BC. ………

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There, I met a group of 5 travelers, doing a documentary on societies waste and dumpster diving. A strong urge to follow them led me to: live in a 130 foot old growth cedar tree in Cathedral Grove, to keep the giant beauties from being cut down for a parking lot, so people could park and look at rare old growth cedars. The irony: go figure.

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Then I hitchhiked from Toffino in Vancouver, BC, to Cape Spear, New Foundland. I hopped freight trains across the Great Lakes region from Thunder Bay in Ontario to Montreal, Quebec. I saw country most people don’t get to see any more. Then, just south of Toronto in Guelph, I met the future mother of my child, Renee, who joined our group. We traveled together to the East Coast. With her, I lived in the bush at a Rainbow Gathering, in northern Quebec, then came back to civilization and stayed at the Quebec Hilton, to meet her Mom. And then; back to the bush again. What a contrast…..

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We lived in Mount Royal Park in Montreal, while our group of now 20 travelers hustled and worked to get money to buy a bus, to travel back West for the winter. I learned to spin fire from circus performers, Outside in the gazebo in the park we all got soaked by the tail end of Katrina. When we finally got the bus we made it livable, we ripped out the seats, put in hammocks and couches, then converted it to run on waste vegetable oil, the kind you find out behind restaurants.

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Renee and I lived two hard Canadian winters in Marathon, Ontario, on the most northern tip of Lake Superior. You don’t know cold til you lived there- minus 40 for months at a time.

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I applied for political refugee status & became legal in Canada. I got work teaching post High School students from all across Canada how to cook, reduce, reuse, and recycle. I also showed them how to express themselves artistically and was a mentor in a program called Katimivak, which means “meeting place” in Inuit. I helped run sweat lodges and learned about Native spirituality from two Ojibway elders of the First Nations people at the Pic River Reserve.

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I hitchhiked to BC from Ontario, some 2000+ miles in the dead of winter, to see a fiend who had a tragedy happen. I apprenticed at an organic farm. I learned animal husbandry, and became a master gardener. I worked in exchange for organic veggies, meat, and knowledge…….

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Renee and I had a child at home, and named him Ocean. His birth was the most amazing thing I have ever had the privilege of being a part of. He is such a smart, caring, and sensitive boy, it’s his generation that will change the world for the better, and I can only hope that I can be a shining example to him of humanity.

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As another way of protesting the war I gave up fossil fuels. I bought a ’82 VW Vanagon diesel & converted it to run on waste veggie oil. I worked for a Victorian home specialty moving company. I grew Dreadlocks. I was arrested by Immigration in 2007 while I was working for the summer in the West. I was eventually let go but the circumstances of my arrest and required probation was fishy, and unfair, and kept me in BC away from my family. I was then arrested again under fishy circumstances, by Immigration on July 4, 2008. Coincidence? I think not.

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Since my arrest, I have been the first Iraq era resister to be deported. I have been through a Court Martial. I have been jailed: I have been in 16 cells in 8 facilities, in 3 states and 2 countries. I watched the Olympics, I watched the protests at the DNC and RNC. I saw Barack Obama become the first African-American President, I celebrated my son’s second and third birthdays, my 25th Christmas, Thanksgivings, two 4th of Julys. I missed my childs important development into being a toddler. The “terrific two’s”- what a magical time. I missed seeing his eyes light up on Christmas morning, at the box his gift came in and the hours playing with said box. I missed the first time he could count to 10, or recite his ABC’s or name colors. And the first time he drew a picture on the wall. I missed countless belly-aching laughing sessions. I missed being able to read him bedtime stories……

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Instead of being woken by him jumping on my bed, I was woken by reveille, reveille. Every morning, when I looked out my window, I saw high fences and razor wire. I was locked in a facility where 85% are sexual offenders. I had to make sure someone wouldn’t steal pictures of Ocean. I had to be part of a facility that caters to sexual predators. This punishment was for having a moral disagreement to an unjust war. It was a constant reminder of the past 8 years of attacks on our civil liberties and rights. I was punished for the most basic right, freedom of speech. For being outspoken about the War and the Commander in Chief. After aggravating evidence prosecution presented to the judge- a video of me exercising my freedom of speech-she recommended 30 months. I was given a 15 month sentence that was my pre trial agreement. I have been given a Dishonorable Discharge, the worst grade of discharge, reserved only for the very worst military offenders. And for the politically outspoken……

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Most people who go AWOL receive administrative discharges and spend 30 days in the brig. I had no criminal record prior to this and I am now a felon. This has put tons of restrictions on my future. I am barred from Canada because of a right wing Bush supporting Administration. I try not to think of it but there may come a time when Renee won’t be able to care for Ocean on her own because of her affliction with MS. She will need the help of her family in Canada and me. And the moral choice I made will hurt my young family. ALL this because I did not want to contribute in the killings of an unjust war and occupation.

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I was visited by two Canadian Members of Parliament, had an essay I wrote read in a session of Parliament, that same essay was published in The Veteran. I made the front page of many newspapers, all while locked up. Now, twelve months and a couple of days later, I’ve been released and my journey has just begun. I’m so excited for the rest of my life.

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During this whole time, the war in Iraq and the less reported war in Afghanistan have been going on. It’s still going on. “Defence contractors” and the war machine are still getting rich, while service members are underpaid for the work they are doing. Their families are falling apart; they are stretched to the max. They hate being killed, returning home with PTSD, missing limbs, and to empty homes. The suicide rate is at an all time high.

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The contract I signed was to support and defend the Constitution of the United States, from all enemies foreign and domestic, and obey the lawful orders of the President and those officers appointed over me. I did not sign my name or swear an oath to be a strong-arm for corporate interests or oil. The so called Liberation of Iraq has turned into nothing more than a constant and protracted struggle for the people of Iraq against forces seen and unseen. Forces which are trying to force their will upon the Iraqi people, in a public war for private power and profit.

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Our young men and womens’ sense of patriotism and loyalty to each other have been preyed upon and they have been given to believe that they are fighting for freedom and democracy. True freedom is the ultimate expression and condition of a people to control their own destiny, not the manufactured variety being offered here. True democracy isn’t found in the barrel of a gun; it rises up from within the masses. Many are fighting to get home, and get their brothers in arms home. Shame on the policy makers for this deception at the cost of the troops.

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The world is looking at the US in a much different way now, because our leaders started a war of aggression in Iraq. It has set a horrible precedent. Our service members are feeling the ill effects of this new perception. Many in the service don’t see the bigger picture, or all the lies. All THEY see is their brothers in arms, to their left and right, and are just trying to get each other home. Many will see how wrong this war is, some will refuse service, others will feel the obligation to their fellow soldiers and fight for all they’re worth. Some will question orders. Some will refuse orders. But, we are equally heroic.

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As members of the peace movement, we need to support our troops, and insure they know they have options and support in whatever they decide to do. We need to inform & mobilize the general public, to put pressure on the government to stop imprisoning resisters and start allowing other ways out of the military, and stop needless public wars for private power and profit. Peace is achieved thru compassion, compromise, and understanding. We cant show prejudice, terrorize and persecute an entire race and culture- it will only ensure the next generation of “terrorists”.

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I’m sure we are tired of hearing about the monetary cost, the economic ad political costs of war. It’s the human costs that need to be understood and talked about. What is this costing our sons and daughters? What about fellow humans abroad? It needs to stop! We have become a nation OF war- there can be no excuses, illusions or confusion: just look at what we are spending your money on.

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Only a fraction would pay for every Americans health care.

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A military is a necessary evil in the world as we know it now, but our service members are being exploited in an unnecessary war. Bring them home. Don’t be fooled- just saying all combat troops are pulling out of Iraq doesn’t mean we are leaving. Our troops are now being called the same thing they were in Viet Nam: ”advisors”. 30 huge permanent bases in Iraq- we are not leaving anytime soon. Unless we all speak up.

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Remember this, no matter what color our skin, we all bleed red. No matter our religions, we all have brothers, sisters, fathers, mothers, sons and daughters. No matter our language, we all have tears, fears, smiles, and prayers. We laugh the same language, we cry the same language. We are the same, co-existence is possible. Together we are strong and we can manifest peace. Two fingers raised for peace will be our V for victory… (Photo: Fellow Resistor, Sgt. Travis Bishop, under guard and shackled) - Ft Hood 08/09)

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I’d like to thank a few people that got me through the past four years. Thanks to the Abundance bus crew. Dave and Chantal, of Dalew Farms, the kids of Katimivak, and Phil. Thanks to my friends Paul D, Jade, Bradley Klaus, Debbie & Kim. Thanks to Claire, Mark, and Yvonne, and Bonnie for letting me stay in their homes. Thanks to Proddy and Collette of the First Nation People, for their spiritual guidance, and for allowing me to participate so intimately in their sweat lodges. Thanks to Bob Ages for bailing me out of jail. Thanks to my lawyer and friend James Branum. Thanks to my Canadian lawyers Jeffery House and Sheppard Moss. Lee Zaslofsky and Michelle Robbideux of the WRSC. Jeff Patterson. Also Buff and Cindy for letting me call them any time and for taking care of my finances. And everyone at CTR for providing me with such a kick ass lawyer. Thanks to the San Diego Chapter of VFP, for all of their extra mile support for my family and my case, financially, emotionally, and otherwise. Thanks to IVAW, VVAW, Military Families Speak Out, VetSpeak, Code Pink, and the Quakers. Thanks to countless volunteers and people who showed up at vigils. Thanks to Candian MP”s Oliva Chow & Boris who came to visit me in the Brig, and MP Alex Atemanenko. Thanks to John Ellison of the CO Project, and Jerry Condon. And thanks to resisters Ryan Johnson, Patrick Hart, Jeremy Hinzman, and Ethren Watada. A big thanks to the music and writing of Micheal Franti whose influences played a huge role in my decisions and outlook of the world he opened my eyes to a lot.

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And special thanks to my adopted Mom, Dawn Obrien of MFSO, and Pat Garrison. And to my friends Jan Ruhman and Mutt, of the San Diego VVAW, for coming to visit me most Sundays at the brig. And thanks to the mother of my child Renee.
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PEACE OUT

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VetSpeak.org

After Action Report: VVAW SE Regional Conference

VVAW SE Regional Organizing, Planning, & Tasking Conference
The Hootch, VVA Chapter 96 Home
Tallahassee, Florida
July 24-26 2009

The purpose of this conference was to gather the designated SE Representatives of VVAW, IVAW, VFP, MFSO, and other progressive Veterans organizations and allies in a relatively centralized location, for the purpose of identifying our strengths, and assessing and addressing our weaknesses with-in our demographic. Also, and most importantly, in my opinion, for key organizers with-in the region to meet and talk with one another face to face, and agree on a mutual strategy of unity of purpose, issues, and process, compatible with the stated goals and structure of our various organizations.
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The conference was sponsored by the VVAW National Office and was modeled on the VVAW West Coast Tour, undertaken in California this past spring. VVAW National was represented by Barry Romo & Marty Webster, VVAW National Coordinators. VFP designated Mike Hearington, Atlanta VFP Chap 125, as their SE representative to the conference. Jason Hurd, IVAW Savannah Chapter 55, member & IVAW Southeast Regional Coordinator, along with Zach Choate, IVAW/Atlanta chapter 4, were there, representing IVAW. MFSO was committed to other activities that weekend, but sent a letter of support for the stated goal of the conference; that of creating a unified front of diverse progressive Veterans groups, and allies. One where talent, resources, and priorities are shared and coordinated, around a slate of mutually pre-determined focal issues, as was done so successfully with the West Coast Tour.

The conference was hosted by Vietnam Veterans of America, Big Bend Chapter 96. In support of the goals of the conference, they provided their chapter home, The Hootch, for a two-day period, waiving the usual hall rental fees. The Hootch was built on land donated to the chapter by American Legion Sauls-Bridges Post 13. VVA Chapter 96 membership raised the funds for materials and drew up the plans. Work parties provided by the various chapters of the Vietnam Veterans of Florida, State Coalition, traveled from around the state to Tallahassee, to assist the VVAW 96 membership in the construction of the building. When the building was dedicated, it was for the use of all Veterans, under the management of VVAW Chapter 96.

Four persons, who had actively participated in that string of Florida Veteran’s history, were involved in the presentation of the VVAW SE Conference. Our host, Rick Clevenger, who was chairman of the building committee for The Hootch, and is the current President of VVA 96; Josh and Mac, Vietnam Veterans Of North Florida/VVAW First Coast, who provided logistical support for the Conference format; and myself, Vietnam Veterans Of North Florida/VVAW Organizing Coordinator. To all of us, this Conference was validation of over thirty years of struggle, together, to build and maintain a unified Veterans front; we had, for a fact, come full circle. The spirit of the VVNF and Florida State Coalition motto; Together Then… Together Again… set the tone for this VVAW SE gathering.

Friday evening, the 24th, we all got together at the Hootch, over a few beers, and to get to know one another better, and to learn more about what was going on back in our respective AOs. And, a large time was had, by all. Jason broke out his fiddle, and provided a musical backdrop with a folk bent, out on the front porch of the Hootch, overlooking lovely Lake Ella, on a lazy summer evening. We were able, there, in what we refer to here in Florida, as a boogie caucus, to learn about each other’s work back home. The bond of unity of purpose was reinforced with this down home social interaction. In addition to warming relations, we were able to refine the agenda, in preparation for the next day’s business eliminating any redundancies, and having a brief working knowledge of what was working at home, and what was not, up to this point in time

We used a round table format for the Conference on Saturday morning. I acted as Moderator for the session. Following the welcome, and opening introductions all around, VVAW National Coordinator, Barry Romo, made the opening remarks, followed by National Coordinator, Marty Webster. Barry’s comments spoke to VVAWs history of effective organizing around issues of not only social justice, but of Veterans rights and issue advocacy.

A primary example was that VVAW had led the fight for recognition of what we called Post Vietnam Syndrome (PVS), and carried the fight forward until PVS was recognized as a an anxiety disorder, in the DSM III, and was re-named there-in as Post Traumatic Stress Disorder. Barry talked about that, and other struggles, as well. He put them in the context of their times and stated that we all continue to re-think our strategies, in a rapidly changing Obama anti-war and social justice paradigm of grass-roots organizing tactics and strategies.

Recognizing that we are, after all, a Veterans organization; by legal definition, as well as in membership, and that our status as such gives us a leg up in credibility with the American people, and with-in the ranks of the military; Barry suggested that we should hone our congressional lobby skills, and begin to take our message and our issues, not only to the streets, on the internet, and to the campuses and into the community; but to the halls of congress as well. VVAW has had some major successes there, over the years, he reminded us.
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The three focal issues that Barry offered for consideration for the conference were those of PTSD, Agent Orange, and Sexual Abuse of Women in the Military. Barry also re-stated that the current priority mission was providing whatever support we have available to IVAW, as they grow their grass-roots movement. I first heard this pledge from the membership at the VVAW 40th re-union, and VVAW has acted accordingly, ever since; not leading, but mentoring, when asked. IVAW has some pretty dynamic leadership of its own…coupled with our experience, it is a potent mix.
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Marty reinforced the message that we had initiated with the West Coast Tour; that of setting basic pragmatic goals and issues that all of our organizations could work in consort with, sharing talent and resources on mutually agreed upon focal issues events, presenting a united front to the VA, to the electorate, our various State houses, and to the Congress of The United States. This is a process that has already begun, out in SoCal, with the Rally to fight the VA Land Grab and Save Our Veterans’ Property, and with the Veterans’ Immigration issue.
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Marty said that what impressed him most as he traveled around the country, and made personal commo with folks on the VVAW Contacts list, was the bond VVAW, and with other allies of old, that still remained in so many folks. That, and their willingness to jump back in the fray, after all these years. Marty also said that he felt like continued support of IVAW’s actions and programs, and being available for logistical support for their actions and events was our main job, in the 21st century, as he saw it.

The focal issue that Marty put forth for consideration was PTSD and a restructuring of the paradigm for claims filing, and mental health service delivery. PTSD is the societal ticking bomb that has yet to be successfully neutralized; time for another look, by all of us. IVAW is the new crop of victims, and their numbers are soaring out of control. In keeping with the theme of the Conference, Marty concluded his comments with his belief that the first step to an effective strategy was realistic goal setting.
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IVAW Southeast Regional Coordinator, Jason Hurd, spoke to the fact that IVAW was in a process of examining some fresh strategies, and potential tactics, and were looking to VVAW for continued support for their programs and issues, and that they were looking to VVAW and VFP as mentors, as they rebuild their base, following a fractious year of internal strife. No problemo, all of us from the old school were graduates of similar processes with-in VVAW and VFP. His appeal dovetailed with the purposes of the conference, and were inspirational to the rest of us, in terms of designing a strategy for an over-all fragmented southeast, as it applies to grass-roots outreach, organizing, and program building. His personal assessment was that the IVAW’s cohesiveness was strongest at the regional level, and that given good options, and workable goals, the IVAW folks out in the more rural areas would feel the support, and rally, there in their communities.
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It is Jason’s belief that the first order of business should be for us to all unite around a mutually supportable set of focal issues, and together, design and implement an outreach program that would identify what IVAW describes as capacities, with-in the region, and expand a grass-roots network, from there. Together, he believes, we could design and present a program that would identify and begin to utilize that capacity network in a mutually agreed upon strategy that would rally folks around mutually selected focal issues. In that regard, Jason said that he felt that IVAW’s strongest capacities were just outside the gates of the major military installations, here in the Southeast, and that we should begin our initial outreach campaign there; in the heart of the beast. I couldn’t agree more. You gotta love this Brother’s spirit!
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Lastly, after mentioning the magic that he felt in the room, Jason discussed the power of the Winter Soldier events, both as an organizing venue, and as a therapeutic process for all those involved, but especially for those who testify. We all recognized and discussed the power of the testimonies on the raising of consciousness of the uninformed public with-in our communities and down-line e-mail networks…one of our most powerful tools, when used correctly. Jason thought that we should assess our capacity for presenting a major WS, here in the Southeast, as we begin our grass-roots outreach campaign. I suggested that, in so doing, we should insure that there is a panel of women Veterans on the program, to address sexism, and sexual assault, with-in the military, at home, and in the combat theatres. All there, agreed.
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These days, Winter Soldiers continue to lead the fight for Objective Truth, as it applies to our involvement in Iraq & Afghanistan, and our government’s duplicity in disinformation and outright lies, regarding the causal factors of our involvement, there in the Mid-East. Jason, an Army Medic, used a term that I had always believed to be a USMC tradition, to describe to us this Winter Soldier dynamic; Leadership By Example. If not us, then, who?
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Mike Hearington, The VFP SE representative to the Conference addressed his and Mike Burke’s (the Atlanta VVAW Contact) work with the Georgia Veterans Alliance in building a cross organizational network of Veterans’ activists, and allies, regardless of organizational affiliation. The key being applicable shared resources for the day-to-day quality of life issues for returning Veterans. They, and the Atlanta IVAW, for instance, work closely with the National Association of Black Veterans (NABVET), a grassroots Veterans self help group that is certified as a National Veterans Services Organization (VSO), same as the DAV, VFW, etc.
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This is something that Jason commented on, stating that he thought that VVAW and IVAW research the feasibility of obtaining certification, because he, like myself, doesn’t believe that there is enough assertive advocacy on behalf of Veterans in the ranks of the traditional VSOs, and yet that is a very real need on the part of our returning Veterans, as they try and thread their way though the nightmare world of Veterans claim law, far from what we would call an advocacy oriented institution. The current crop of VSOs, are to me, about on par with public defenders; underpaid, understaffed, and under enthused in the mission.
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Mike said that their most successful direct outreach tactic is working the Atlanta Airport, and welcoming returning GI’s home, and providing leaflets, brochures and resource references, to aid them with readjustment to life back in the world. VFP and VVAW, there in Hotlanta are also actively campaigning for GI Rights, specifically with regard to counter recruiting on campuses, and working on the issue of ROTC in the public schools. They also distribute a great new on-line and hardcopy VFP newspaper, the War Crimes Times. Well written, factual, and in dead earnest. Get it right here! Read all about it! Oh, yeah, it’s a blog, too; so, have at it with your personal take on things.
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Mike Burke of Atlanta VVAW was unable to attend, due to family matters, but he and Mike Hearington work closely on many projects there in Atlanta, together, and Mike H presented on his behalf, as well. Issues and/or events for consideration for rallying the troops, for them, were the School Of The Americas Vigil in November, GI Rights Outreach, and Counter Recruiting.
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All of that took us right up to lunch break. We broke up and sent delegations to of the closest Mexican restaurants to the Hootch; El Jalisco, at 2022 N. Monroe Street, Tallahassee, and the San Miguel Mexican Restaurant at 200 Tharpe St. By all reports, they were both, muy bueno!
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When we returned in the afternoon, having done a round robin on resources and/or capacities, and current ongoing work, back in our home 20s, we turned our attention, and our discussions, to focal issue priorities and strategy models.
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The focal issues that floated to the surface of our discussions were those that were directly related to Veterans, their families, and a better quality of life, following the trauma of suffering, or having resisted, or even having spoken out about, combat in foreign lands that are based on false premises, and outright lies. There was a consensus in the room, that ideological struggles, internally, and externally were a distraction to organizational or strategic effectiveness, in that they created divisiveness, rather than unity of purpose. Here are the issues that were mutually agreed should be the lynchpins of our grass-roots outreach campaign, here in the Southeast:

• GI Rights and Counter Recruiting – to include continued support of COs such as Robin Long; development of counter high school ROTC programs; development of a Winter Soldier panel of recruiters, and what Jason called Base Building - the establishment of outreach facilities in close proximity to major military installations, which caters to both active duty military, and local Veterans, as well. In Jason’ words; a comfortable place to hang. One that provides access to local programs and services addressing a better quality of life for Veterans, and their families.
• Sexual Abuse of Women in the Military – Development of Women’s affinity groups, such as what we used to call “rap groups”, or perhaps, women’s writing groups. Development of a Winter Soldier panel of Women Veterans who have suffered sexism or sexual assault while in the military, but especially in the combat zones. Support of the actions of currently organized Women’s Veteran groups.
• Veterans’ Immigration and Citizenship Issues – This issue has already taken off in SoCal, with VVAW, VFP, IVAW, and MFSO, all actively supporting the established defense committee, which recently raised funds to travel and present, at the VFP National Convention. In addition, to lobby congressional representatives, in Washington, D.C. x
• PTSD Outreach and Program Development – identify, and direct Veterans to already up and running, and with a record of accomplishment, grass-roots programs; redefine the current paradigm of diagnosis and services delivery models from mentally oriented, to social oriented.
• VA – reform of Claims Division to an advocacy agency, as opposed to that of an adversarial screening agency; reform of the mental health delivery system; reform VocRehab educational payment system and incorporate it into the VA Disability payment matrix, rather than allowing it to continue with its current, counter-productive practices. This would include reform of periodical certification procedures, to be more user friendly for the Veteran; continued support of actions, calling attention to the VA’s reckless management of our affairs, and properties; reform of current Veterans’ outreach models regarding benefits and claims support, and increased direct access to the claims process by the Veteran

It was clearly acknowledged by all in attendance, that there were issues of ideology and political philosophy that needed to be regularly tuned up, in assessing the nature of an organization’s national perspective and actions. My sense is, that most believe, as I do, that this is the concern of National Steering Committees or Executive Boards, and are more matters for internal attention and adjustment, rather than as make or break grass-roots dogma.
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Outreach should not require a political oath or pledge, in order to be implemented on a Veteran’s behalf, any more than anyone ought to have to say a prayer, to get fed and a bed at a homeless shelter; all that should be required, is that they have a genuine need of the benefit, or service. As long as the outreach is undertaken with-in the goals and mission of the organization; the actions should speak much more loudly than the accompanying words, in order for them to be successful. Build it, and they will come. Actions, not words, are the fuel of successful Veterans outreach. This is true, whether for program and services information and implementation help with the day-to-days, or organizational membership recruitment.
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In that spirit, it was resolved by those present that we would form an organizational organizing committee, made up of VVAW, IVAW, and VFP reps. That group would, together, develop an itinerary for directly outreaching areas where we had capacity, and assisting those areas with chapter and/or program development. We would share our suggestions, and proposals of mutual tactics, when we next met. At the moment, that will be in Savannah, Georgia, at a GI Outreach forum being sponsored, and hosted by, the Savannah Chapter of IVAW, over the Labor Day weekend.
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At this point it seemed that we had accomplished our stated mission; we had joined forces, agreed on unified principles, and had begun constructing an infra-structure, and a strategy for providing meaningful self-help information and programs, as well as having initiated an active plan for mutual chapter and membership building for each of our organizations.
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It had been a very long, but very productive day, and we could smell the ribs smokin’, just outside the door…do I hear a motion? Actually, I heard a rumble; time to call it a day, here at the office. After an hour or so break, we all returned to the Hootch for a rib dinner, liquid refreshment, and an evening of one on one, relaxing on the porch, overlooking Lake Ella, on a long, balmy, southern summer evening. As the sun set, Jason picked on his fiddle as we talked, long into the night, and formed fast, and lasting friendships, as well as celebrated our mutually achieved accomplishments.

Together Then...

Together Again...

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