For our rights, our defenders & their challenges
Our rights
..all men are created equal, …endowed by their Creator with certain unalienable Rights, …Life, Liberty and the pursuit of Happiness.”
Our Government exists to protect our unalienable Rights of “Life, Liberty and the pursuit of Happiness” as highlighted in our Declaration of Independence and detailed in our Constitution and Bill of Rights. If our Rights are taken away, it destroys the foundation upon which our Nation is built.
In America, even when someone is perceived to be guilty beyond a reasonable doubt, or may even admit to conducting unseemly and criminal acts, we still provide them their rights to due process. We do not tolerate “lynchings.”
During appeals, in the words of Justice Holmes, who served on the Supreme Court for 30 years, “what we have to deal with is not the petitioner’s innocence or guilt but solely the question whether their constitutional rights have been preserved.” “Guilty as [petitioner] undoubtedly is — unworthy member of the community as he undoubtedly is – he was entitled to a better procedure.”
The answer
To ensure our Government preserves our Rights, citizens voluntarily serve in our Armed Forces and solemnly swear to,
“…support and defend the Constitution of the United States against all enemies, foreign and domestic…”
These Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen, consistently risk life and limb to bravely go in harm’s way on our behalf.
As such, our Defenders deserve to have their Rights protected and preserved at least as diligently as they protect ours.
Since 9/11, they have kept our enemies at bay. But, that comes at a cost:
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Approximately 7,000 American Service Members have lost their lives in the “Global War on Terror”
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Tens of thousands of our Troops have been forward deployed across the Middle East and Africa
Their challenges
a. Wrongful accusations & convictions
Some of our Nation’s Warriors are wrongfully accused and convicted of “War Crimes” and US military prosecutors have used the following against them:
1. RIGHTS – Prosecutors have denied our Warriors all their Rights
Some of our Nation’s Warriors are wrongfully accused and convicted of “War Crimes” and US military prosecutors have used the following against them:
2. EVIDENCE – Prosecutors have Failed to share that which they must by US Law, “exculpatory evidence”
Any information which could be used to defend and exonerate our Warriors of guilt
3. MITIGATING FACTORS – Prosecutors have prevented juries from hearing mitigating factors or extenuating circumstances
Any information which might result in reduced charges or a lesser sentences for our Warriors
4. FALSE STATEMENTS – Prosecutors have publicly misrepresented facts associated with cases.
Most recently that a Warrior was convicted of changing the Rules of Engagement (ROEs), when the jury actually acquitted him of that accusation
5. ENEMY COMBATANTS – Prosecutors have secretly flown enemy combatants into America, on commercial airlines which contained US citizens, to testify against our Warriors.
Specifically, bomb-makers who have killed US citizens – not concerned innocent civilians from another country. While we are still at war, these are people who have a vested interest in making false allegations against our Warriors
b. Financial Burdens
While Service Members are offered military defense counsel at no cost to them, experience has shown, it is imperative they retain experienced civilian legal counsel to preserve their Rights and present the truth with the most effective and compelling legal defense.
As such, almost every Warrior, and his or her family, must hire a civilian attorney, despite knowing this requirement comes with an overwhelming financial burden.
To pay for attorneys’ fee and expenses, a Warrior is often forced to take out a mortgage on his family’s home, borrow money from friends and family, and acquire massive debt he simply is unable to repay on a military salary, or worse, after forfeiting all pay and allowances, while imprisoned.
c. Tough transitions
Reintegration back into civilian society can often be challenging for those who have faced the rigors of combat. The challenges become exponentially harder after serving in battle, if unjustly branded as a “criminal,” having spent time confined in prison, and losing veteran’s benefits including health care and education opportunities. Simply maintaining a healthy mind and relationships with spouses and children can become overwhelming.
