skin that FPOS alive... then set his azz on FIRE!!!
Posted on 01/05/2008 1:51:44 PM PST by 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.
--------------------------------------------------------------------------------
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
I was thinking “what’s next” Illegal Alien?
The courts created this, they need to undo the damage. The founders never figured internal control would leave the American psyche.
Alvarez later admitted he never served in the military.
It wouldn't surprise me if a real Marine walked up to this sick p.o.s. Alvarez and smashed his teeth down his throat.
Put him against the wall and I’ll take the live round.
Is this guy a US Citizen?
A safe bet would be NO.
Alvarez was ambushed with a coffee cup!
aaarrrGGHHH!!!!! What a Phoney, HONOR stealing piece of ....! Bet he’s a DemonRAT too.
Unlike desecrating the flag, I doubt the courts would view that as "freedom of expression."
Makes me wonder if he was even born here.
or is a legal citizen.
GET THE ROPE FOR THE LYING SOB
Ping!
I'd extend that to be "not intended to cause anyone to take actions they wouldn't take absent such claim."
Best post of the day! These are wonderful, heroic stories and I loved reading them. Thanks so much for putting them up.
He’s got to be stupid too — why lie about something that could be easily shown false?
This particular guy, though - I wonder if anyone thought to ask him what he was doing in '87 that merited a MOH? Was there a combat operation somewhere in the world of which I was unaware?
I think, though, that here we have a classic case of a pathological liar. That would be a fellow who lies where truth would have served perfectly well. It'll take you a long way in politics.
There must be a few other veterans out there who have three Purple Hearts. Some enterprising journo ought to find out how many others managed to earn three PHs without spending a single day in hospital.
skin that FPOS alive... then set his azz on FIRE!!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.