Water official claims right to lie (Elected Official Lied About Being MoH Marine)

sbsun.com ^ | 01/03/2008 | Will Bigham

[lowbridge]

Water official claims right to lie

Court case touches on Medal of Honor

Will Bigham, Staff Writer

Article Launched: 01/03/2008 09:00:00 PM PST

The water board member charged with falsely claiming he won the Medal of Honor has filed a motion to dismiss the federal case against him, saying the statute is unconstitutional because it violates the First Amendment.

Xavier Alvarez, south Pomona's elected representative to the Three Valleys Municipal Water District, is the first person to be charged with violating the Stolen Valor Act of 2005.

The act criminalizes false claims of military decorations or medals, including the Medal of Honor, of which there are only about 100 living recipients.

During a July meeting of the Walnut Valley Water District board, Alvarez was recorded making the medal claim after he was introduced as a guest.

"I'm a retired Marine of 25 years," Alvarez said. "I just retired in 2001. Back in 1987 I was awarded the Congressional Medal of Honor. I got wounded many times, at the same time. I'm still around."

Alvarez later admitted he never served in the military. He pleaded not guilty Nov. 26 to the misdemeanor charge.

The motion to dismiss the case will be heard Jan. 14 in Los Angeles federal court by U.S. District Judge Edward Rafeedie.

In the Dec. 22 motion to dismiss, Alvarez's court-appointed public defender, Brianna J. Fuller, argues that claims such as Alvarez's are protected by the First Amendment.

"Falsehoods are not outside the realm of First Amendment protection, and therefore restrictions on false statements must be supported by a strong government interest and must be directly related to that interest," says the motion.

"The Court's scrutiny of the law should be especially demanding here, where the statement was made by an elected official, during a public meeting, on an issue of public concern: his qualifications for office.

"The Government's stated interest in this law, protecting the reputation of military decorations, is insufficient to survive this exacting scrutiny."

In the government's opposition to the motion, submitted Wednesday, Assistant U.S. Attorney Craig H. Missakian argues that deliberate falsehoods are not protected by the First Amendment.

"It is only in the realm of ideas - unlike the case here which involves a readily verifiable misstatement of fact - that falsehoods garner any free speech protection," Missakian wrote.

"Moreover, even if the Court were to conclude that defendant's lie deserves a modicum of protection, the government's undeniable interest in protecting from dilution the significance of the nation's highest military distinction and the magnitude of the accomplishment of those who actually earned it clearly outweighs that interest."

Alvarez and his attorney did not return calls seeking comment.

In an interview Thursday, Missakian said that because Alvarez was the first person charged with violating the act, he was not surprised that it was challenged on constitutional grounds.

"Typically, constitutional challenges, if they are made, are made early on in the statute's life," Missakian said.

Missakian said he expected the judge to rule from the bench on the motion during the Jan. 14 hearing.

If the case against Alvarez is thrown out on constitutional grounds, Missakian said the government would take a "long hard look" at filing an appeal.

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The Medal of Honor is the highest award granted to a member of the military. Established in 1861, it has been awarded to nearly 3,500 people.

In 1963, Congress established a set of guidelines for awarding the medal. For valor:

The Medal of Honor While engaged in an action against an enemy of the United States.

While engaged in military operations involving conflict with an opposing foreign force.

While serving with friendly forces against an opposing armed force in armed conflict in which the United States is not a belligerent party.

Source: Congressional Medal of Honor Society

[The Spirit Of Allegiance]

The water board member charged with falsely claiming he won the Medal of Honor has filed a motion

The water board member charged with falsely claiming he won the Medal of Honor has filed a motion

Let the punishment fit the crime....

[Publius6961]

This delusional loser has monumental chutzpah or brass ones.

Personally, I would never want anyone so estranged from the truth and character doing anything involving the public trust.

He's lucky he doesn't live in my area.
I hope he does jail time.

[martin_fierro]

Then there's this:

Since the U.S. attorney’s office in Los Angeles announced the case, the Three Valleys water board has been left wondering who Alvarez really is: There is no record that he is married to a starlet, that he worked as a cop or that he played for the Red Wings.

Alvarez, in a phone interview, declined to say what his day job is — or if he has one.

He didn’t deny claiming to have received the Medal of Honor. People routinely say things at board meetings “just to entertain the public,” he said.

The federal charges are the work of his political opponents, Alvarez contends. When asked to specifically address the charges, his response was disjointed.

“There’s people who go up there and say, ‘Oh, I’m homosexual. And I belong to the homosexual community.’ I don’t say anything about that. . . . I’m a rookie at this. You get nervous.”

[mnehring]

Phony Soldier? Oh Harry Reed, where are you?

[martin_fierro]

YouTube video: Xavier Alvarez censured by board

[lowbridge]

And this, from October 2007: The Three Valleys board censured him Friday for illegally funneling spousal health benefits paid by the district to a woman he divorced in 2002.

http://www.dailybulletin.com/ci_7301687

[The KG9 Kid]

Oh, so he was in the U.S. Marines, huh?

What's the color of the Boat House at Hereford, then, huh?

[IrishCatholic]

Actually I kind of agree with him. He does have the right to lie as long as it is not intended to cause an official to take actions they shouldn’t.

But, whatever happened to shame and the public standards of behavior? By the same right of free speech, everyone should be able to call him “Scumbag” in public forums and on the street. He would have no right to object. Free speech and all that.
He should also be fired from the water board due to a public standard of not having lying scumbags on the board.
Finally, the public should tag him as a scumbag in their mind. Ostracizing and shame are effective examples for others.

[dighton]

Wow, that is some piece of work.

[river rat]

Uh....would it be out of order to ask about his immigration status?

The charge of “Stolen Valor” doesn’t go far enough with this ^%&^@^%$!^%$.

See Moderator! I can express myself with profanity....

[Old North State]

This guy could cite Clinton as a precedent. Clinton lied and lied and lied and got away with it, why can’t he?

[Cvengr]

Is that a mustache or did somebody censor his mouth with black duct tape?

He’s the only ‘retired Marine’ I’ve ever seen who would sport a Village People mustache, then again since he’s never been in the military maybe the only experience he has had came from the Village People.

[rocksblues]

Judge Rafeedie, who was appointed to the bench by President Reagan

I would guess that the case will not be thrown out.

[Hoodat]

Since the article failed to mention his party affiliation, he must be a Democrat.

[NonValueAdded]

Rots o ruck, Alverez. The 1st Amendment is no shield to consequences.

[Dick Vomer]

I wonder if John F'ing Kerry has been charged yet?

Not likely since he's in the protected class.

To earn the MOH and then run for water board position? There are not many men that earn the MOH that live. Secondly the only ones I've seen or heard speak were very modest about the actual medal they received.

So for somebody to yap about getting the Medal of Honor for something as insignificant as a water board supervisor should have raised some flags.

My three favorites for MOH are

James Day>

Vincent Capodanno>

J. Willis>

You could film the James Day story and it's just unbelievable.

[The Spirit Of Allegiance]

Moral Indignation needs a major comeback.

[DakotaRed]

If his ridiculous claim carries through with the liberal courts, what will happen to perjury charges?

Wouldn’t those too be covered by “freedom of speech?”

I don’t see how outright lies can be covered under the First Amendment.

[Recon Dad]

left wondering who Alvarez really is

Is this guy a US Citizen?