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No Excuses ("Peace Activist" wants soldiers tried for war crimes.)
Sacramento News and Review ^ | 2/22/07 | Stephen Pearcy

Posted on 02/23/2007 12:29:56 PM PST by republicofdavis

By Stephen S. Pearcy

Stephen S. Pearcy is a Sacramento attorney and peace activist.

In addition to holding President George W. Bush and the U.S. Congress accountable for the illegal occupation of Iraq, American troops must also be prepared to accept responsibility. We’re all presumed to know the law. If we accept that fundamental legal presumption, then those of us who claim that the war is illegal must also acknowledge that the troops are unexcused aiders and abettors.

Lt. Ehren Watada’s case is a good example. Watada’s position is that he has a duty to refuse orders to deploy to Iraq because those orders effectively command him to pursue an illegal war. Watada correctly understands that obeying those orders could subject him to war-crime charges under a more just administration (which should try George W. Bush first).

Publicly available information about the Iraq invasion has become so plentiful over the last several years that reasonable people contemplating service in the U.S. military should know that people throughout the world regard participation in the occupation as tantamount to aiding and abetting in mass murder, fraud, human-rights violations, and international war crimes. By now, all of the troops should recognize this, and ignorance is no excuse.

The frequency of U.S.-sponsored war crimes in Iraq is such that it has become the norm rather than the exception. U.S. troops have intentionally and recklessly caused the deaths of so many Iraqi civilians, and continue to do so, that we can now properly regard acts in furtherance of the occupation effort generally to be acts substantially likely to facilitate crimes such as those that already have occurred.

From a legal standpoint, obeying Bush’s orders is akin to the Nazi soldiers who obeyed Hitler’s orders. And we know from the Nuremberg Trials that the “just following orders” excuse is invalid. Watada’s case suggests that we should question all troops’ willingness to follow their illegal orders.

Suggesting troop-responsibility for the illegal war is unpopular, but it also would have been unpopular during World War II for a German citizen to suggest that Nazi troops be held accountable for obeying their illegal orders. At the end of the day, it’s really no different.


TOPICS:
KEYWORDS: nazi; pieceofshit; traitor; treason
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To: Right Cal Gal

Yes, yes and yes. Her firm is Orrick, Herrington & Sutcliffe. I was amazed that they kept her through the soldier hanging in effigy fiasco.


41 posted on 02/23/2007 1:23:47 PM PST by republicofdavis
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To: The Pack Knight

Lt. Ehren Watada’s case is a good example. Watada’s position is that he has a duty to refuse orders to deploy to Iraq because those orders effectively command him to pursue an illegal war. Watada correctly understands that obeying those orders could subject him to war-crime charges under a more just administration (which should try George W. Bush first).

I'm willing to bet Lt. Waaaahtada was happily collecting his/her Army Reserve pay all this time (or his/her active duty pay), never believing they'd have to put that gun range training to use or be called. Well, Lt. WAAAAAAHtada, I will appreciate your check in reimbursement to all those moneys paid to you in the past premised on your agreement to defend the United States. Then get your sorry a$$ to another country.


42 posted on 02/23/2007 1:25:25 PM PST by Right Cal Gal (I wouldn't believe liberals if their tongues came notarized!)
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To: republicofdavis
This guy makes me wonder...suppose you started a thread on DU which says, "We support our soldiers when..."

What kind of responses would we get?

43 posted on 02/23/2007 1:27:42 PM PST by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: republicofdavis

I can get us a representative client roster for Orrick -- perhaps we can Freep Orrick's client list.

Man, I'm a stinker, aren't I?


44 posted on 02/23/2007 1:28:12 PM PST by Right Cal Gal (I wouldn't believe liberals if their tongues came notarized!)
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To: LtdGovt

I believe the League of Nations outlawing war forever expired with that august body. The UN passed several resolutions in favor of the invasion of Iraq.


45 posted on 02/23/2007 1:30:30 PM PST by massgopguy (I owe everything to George Bailey)
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To: gogeo

"We support our soldiers when..."

We can score some political points against Bushitler, like by criticizing soldier's medical care, when we've never actually given a whit about soldiers in the past.

Or something like that.


46 posted on 02/23/2007 1:30:44 PM PST by republicofdavis
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To: Right Cal Gal

"I can get us a representative client roster for Orrick -- perhaps we can Freep Orrick's client list."

Seems reasonable. You know they would do it.


47 posted on 02/23/2007 1:32:06 PM PST by republicofdavis
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To: massgopguy

The UN didn't (remember, China and Russia were blocking us), but it doesn't matter. Our security should not be dependent on the United Morons.


48 posted on 02/23/2007 1:32:29 PM PST by LtdGovt ("Where government moves in, community retreats and civil society disintegrates" -Janice Rogers Brown)
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To: republicofdavis

Here's one of Orrick's clients for starters --

DHL -- my, my, my....guess I'll be sending all those pacakages UPS from now on.


49 posted on 02/23/2007 1:42:45 PM PST by Right Cal Gal (I wouldn't believe liberals if their tongues came notarized!)
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To: republicofdavis

We're probably not far from the day, when assholes like this will become prey...

Semper Fi


50 posted on 02/23/2007 1:50:24 PM PST by river rat (You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: Right Cal Gal
Lt. Ehren Watada’s case is a good example. Watada’s position is that he has a duty to refuse orders to deploy to Iraq because those orders effectively command him to pursue an illegal war. Watada correctly understands that obeying those orders could subject him to war-crime charges under a more just administration (which should try George W. Bush first).

What was incredible was that Watada was charged with 2 counts under UCMJ Articles 133 (Conduct Unbecoming an Officer), 1 under 87 (Missing Movement) and 1 under 88, Contempt toward Officials. The count of Contempt toward Officials was dismissed, and he was tried on the other three, but a mistrial was declared after the judge threw out the prosecution's key evidence that showed he was not a conscientious objector.

What's amazing here is that his defense was not that he was a conscientious objector, but that he was refusing to obey an unlawful order. That argument is clearly out of touch with reality, as Congress itself gave the President the authority to conduct operations in Iraq. What's also amazing is that he wasn't charged under several other Articles, such as 85 (Desertion), 82 (Solicitation), and 94 (Solicitation or Mutiny). The latter two are due to the fact that he publicly called on his fellow soldiers to follow his example and refuse to deploy. If it can be demonstrated that he said the same to men under his command (his reported unit is an HHC, so it's unclear if there were any), he is guilty of Mutiny and Solicitation of Desertion in a time of war.

Stephen Pearce should have the right to say what he wishes, so long as he's powerless to act on it, though I think the crime of a veteran beating eight tons of crap out of him should carry a punishment no more than a fine of 1 cent. Lt. Watada, on the other hand, should be tried by a court martial and hanged for mutiny and desertion in a time of war.
51 posted on 02/23/2007 1:52:11 PM PST by The Pack Knight (Duty, Honor, Country... What more needs to be said?)
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To: The Pack Knight

Correction, 94 is Sedition and Munity, not Solicitation and Mutiny. Typo


52 posted on 02/23/2007 1:54:37 PM PST by The Pack Knight (Duty, Honor, Country... What more needs to be said?)
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To: republicofdavis

I'm more than tired of these cowardly America hating bastards calling themselves "Peace Activists"...

At NO TIME in history did "peace" result from surrender...
Peace results from DEFEATING the disturbers of the peace...

The "Peace" protestors during Vietnam -- significantly quieted immediatly after the elimination of the draft..
The protesters were not for peace - they were for avoiding the draft which would have put their smelly sorry asses in harms way to earn the right to live in America..

I've noticed that these "peace activists" NEVER go into the nations of the "disturbers" and blame them for STARTING trouble... Do they?

Semper Fi


53 posted on 02/23/2007 1:56:55 PM PST by river rat (You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: river rat

You know, we see a lot of this moonbatty stuff here but this one seems to have touched a little bit deeper nerve. That's why I made sure it was posted, so that when you hear them say that it's they who truly support the troops, you can throw back this bilge from one of Cindy Sheehan's hosts.


54 posted on 02/23/2007 2:03:10 PM PST by republicofdavis
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To: republicofdavis

I had the great pleasure of protesting in front of the Pearcy's house once when these POS hung our soldier in effigy. In fact there was quite a nice video of me walking in front of the Pearcy's house carrying a large American flag played on Hannity and Colmes.


55 posted on 02/23/2007 2:04:28 PM PST by clamper1797 (What's black and brown and looks good on a lawyer ... a pair of Doberman's)
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To: Joe 6-pack

It is a crime and it should be prosecuted...my point is and was that nobody does anything about treason these days unless it was a double agent or something of that nature. I am 100 percent on your side...I was just making a point that I read that word constantly...but NOTHING is ever done.


56 posted on 02/23/2007 2:04:52 PM PST by My Favorite Headache (Liberals : So open-minded....their brains have all fallen out)
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To: zimfam007

Then let's see it happen. I'm serious. Let's get those few hundred families together and do so.


57 posted on 02/23/2007 2:05:45 PM PST by My Favorite Headache (Liberals : So open-minded....their brains have all fallen out)
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To: river rat
We're probably not far from the day, when assholes like this will become prey...

I am truly looking forward t that day ...

58 posted on 02/23/2007 2:05:47 PM PST by clamper1797 (What's black and brown and looks good on a lawyer ... a pair of Doberman's)
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To: clamper1797

"I had the great pleasure of protesting in front of the Pearcy's house once when these POS hung our soldier in effigy. In fact there was quite a nice video of me walking in front of the Pearcy's house carrying a large American flag played on Hannity and Colmes."

Dude, if I ever run into you, I am SOOO buying you a pitcher of beer.


59 posted on 02/23/2007 2:07:11 PM PST by Right Cal Gal (I wouldn't believe liberals if their tongues came notarized!)
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To: republicofdavis
This guy (and Watada, for that matter) couldn't be more wrong. He fails to distinguish between fighting an unjust war (that is, violating jus ad bellum), and waging war unjustly (violating jus in bello).

To hold soldiers guilty of fighting an unjust war requires that soldiers be allowed to decide on the justness of a war. No nation can allow that. It would mean allowing an army to start a war, because it thought the war was just, even though the civilian leadership thought the war was unjust. That's simply the mirror image of an army refusing to fight a war even though the civilian leadership thinks the war is just.

Writers on Just War have long held that soldiers cannot be punished for the crimes of their leaders, including fighting in an unjust war. They can be punished only for waging war unjustly. Moreover, they can be punished for waging war unjustly even if the war itself is just.

As for his crack about soldiers obeying Hitler's orders, no Nazi soldier was ever punished for fighting in an unjust war. Some were punished for waging war unjustly. This guy is appallingly ignorant of history.

60 posted on 02/23/2007 2:09:52 PM PST by JoeFromSidney
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