Posted on 02/08/2010 8:46:03 AM PST by lbryce
The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352.[2][3] It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on Nov. 10, 2005, as S. 1998.[4][5] The Senate version was passed unanimously on September 7, 2006.[5][6] The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on Dec. 6, 2006.[7]
The purpose of the Act is to strengthen the provisions of 18 U.S.C. § 704 by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor; broadening the law to cover false claims whereas previously an overt act had to be committed; covering, mailing, and shipping of medals; and protecting the reputation and meaning of military heroism medals.[3][5] Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade or manufacture "any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces." In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads. [8]
The Act was likely passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters.[9][10][11] There are also large numbers of fake Navy SEALS[12][13] and Army Special Forces,[14] among others.
As the law is written, Hell Yes, is the simple answer.
Law seems superfluous. Just charge them with fraud...
...And who is [John Kerry], A close associate hints: There's a secret compartment in Kerry's briefcase. He carries the black attaché everywhere. Asked about it on several occasions, Kerry brushed it aside. Finally, trapped in an interview, he exhaled and clicked open his case."Who told you?" he demanded as he reached inside. "My friends don't know about this."
The hat was a little mildewy. The green camouflage was fading, the seams fraying.
"My good luck hat," Kerry said, happy to see it. "Given to me by a CIA guy as we went in for a special mission in Cambodia."
Kerry put on the hat, pulling the brim over his forehead. His blue button-down shirt and tie clashed with the camouflage. He pointed his finger and raised his thumb, creating an imaginary gun. He looked silly, yet suddenly his campaign message was clear: Citizen-soldier. Linking patriotism to public service. It wasn't complex after all; it was Kerry.
He smiled and aimed his finger: "Pow."
What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?
Whatever happened to beating them up? (Which they deserve).
My concern with a mere lie being a crime(as opposed to fraud, which is theft-by-lying) is “who gets to decide what is true?”
I see the harm these fake vets cause; but the same could be argued for “climate deniers” (gag) or “people who lied about Obama not being a citizen,” and the like.
Once mere speech is criminalized, even lies, a slippery slope is created.
I, for one, don’t want Obama’s Ministry of Truth decided what is, and what is not, a “socially harmful lie.”
“Should Lying About Military Service Be A Crime?”
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uh, should lying about being an American be a crime...?????
What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?
Making up fraudulant information to intentionally slander someone is already a crime.
The British hanged Lord Haw Haw. He was US born but resided in England (before going to Germany to serve Hitler).
Impersonate a law enforcement officer, doctor, or judge and see what the charge is.
Xavier Alvarez: Lied about MOH
All,
I find it very curious that in many cases lawyers have made claims of clients suffering from bipolar personality disorder, other mental health issues as a defense.
Generalismo Ray Nagin (D-New Orleans):
Should it be a crime?
Only if it invovles fraud.
Things like lying on your resume or lying to a woman to get her into bed are forms of fraud if it caused a person to take an action they otherwise would not have taken (and the person is damaged in someway). I don’t know why we need a special category for fraud about military service as opposed to anything else.
We’ve got too many laws already. We should be simplifiying things.
>>My concern with a mere lie being a crime(as opposed to fraud, which is theft-by-lying) is who gets to decide what is true?<<
You either served honorably in the military or you weren’t. You either were awarded certain commendations or you weren’t. You either went on certain missions or you didn’t.
These are not subject to interpretation. They are wither true or false. All your other examples are opinions.
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