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War Resistor Successfully Challenges 'Misconduct' Charge
DigitalJournal Magazine ^ | April 21/2009 | Stephen Dohnberg

Posted on 04/22/2009 2:22:04 AM PDT by FreeAndEqual

War Resistor Sgt Chiroux successfully challenged his misconduct hearing, facing down the U.S. Army and offering a potential "green light" for other soldiers challenging the legality of U.S. action in Iraq and Afghanistan.

(Excerpt) Read more at digitaljournal.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: constitution; iraqwar; phonysoldiers; redeployment; usarmy
This might set a precedent for war resistors and AWOL soldiers seeking asylum in Canada, too. Notice how he wears his American Flag on his Uniform on his FOX news TV appearance and uses the Constitution to defend it!!
1 posted on 04/22/2009 2:22:04 AM PDT by FreeAndEqual
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To: FreeAndEqual

if we can’t get article 2 of the Constitution even heard, why should he get some b.s. claim upheld?

throw him in prison... or better yet.. ship him out, and swap the camera for a mine detector


2 posted on 04/22/2009 2:26:07 AM PDT by sten
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To: FreeAndEqual

So you’ve been here a week, and two of your three posts are new threads on this AWOL scum. Hmmmmmm.


3 posted on 04/22/2009 2:29:02 AM PDT by FreedomPoster (Obama: Carter's only chance to avoid going down in history as the worst U.S. president ever.)
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To: FreeAndEqual

When did this traitor join the Army.


4 posted on 04/22/2009 2:29:41 AM PDT by Stayingawayfromthedarkside
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To: FreeAndEqual

they used to call these people traitors and shoot them.


5 posted on 04/22/2009 2:29:55 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: FreeAndEqual

What he’s saying is that basically UN laws / treaties are supreme over the US constitution, as per the US constitution.

Can any lawyer, etc., explain how this is possible?


6 posted on 04/22/2009 2:31:40 AM PDT by MyTwoCopperCoins (I don't have a license to kill; I have a learner's permit.)
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To: FreeAndEqual

I’m curious to hear the arguments for and against this soldier’s position. I watched the video and he does make some interesting points.


7 posted on 04/22/2009 2:32:17 AM PDT by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: MyTwoCopperCoins

> What he’s saying is that basically UN laws / treaties are supreme over the US constitution, as per the US constitution.

Your current SMOTUS seems to be intent on making this so, too.


8 posted on 04/22/2009 2:34:02 AM PDT by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: FreeAndEqual

lol! fag.
9 posted on 04/22/2009 2:41:45 AM PDT by chuck_the_tv_out (click my name)
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To: FreeAndEqual
An Apology for an Occupation Apology of US Sergeant Matthis Chiroux to Afghan leader Malalai Joya
10 posted on 04/22/2009 2:48:47 AM PDT by Anti-Bubba182
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To: chuck_the_tv_out
How much more proof do you need of the estrogen in the water supply?
Get a distiller, I'm telling ya.

11 posted on 04/22/2009 2:51:39 AM PDT by chuck_the_tv_out (click my name)
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To: chuck_the_tv_out
lol! fag.

Yup. I'd have a hard time believing this guy isn't queer as a 3 dollar bill:


12 posted on 04/22/2009 3:11:55 AM PDT by fr_freak
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To: fr_freak

I havent been keeping up with this , but a discharge seems in order. A dishonorable one.


13 posted on 04/22/2009 3:14:12 AM PDT by Venturer
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To: FreeAndEqual
"Soldiers have a duty to adhere to the international laws of war described as supreme in Article 6, Paragraph 2 of the U.S. Constitution, which we swear to abide by before the orders of any superior, including our former or current president."

I wonder about the kid's comprehension -
Article VI, para 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

What international treaty (that we are a signatory of) did we violate? I also wonder what oath he swore.
The ones I took - I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
He swore to "support and defend" our Constitution, not obey the will of foreigners. He also swore to obey orders - and that is not secondary.

14 posted on 04/22/2009 3:14:21 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: R. Scott

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

I dont see any mention of US soldiers, this is saying the elected officials must swear an oath...the guy cant read appearently and is listenting to a long haired lawyer...

leavenworth.


15 posted on 04/22/2009 3:22:39 AM PDT by Crim
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To: fr_freak

he looks like he has aids


16 posted on 04/22/2009 3:28:02 AM PDT by chuck_the_tv_out (click my name)
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To: FreedomPoster
No replies= troll!

Call the Viking Kitties in!

17 posted on 04/22/2009 3:28:26 AM PDT by sausageseller (http://coolblue.typepad.com/the_cool_blue_blog/)
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To: Crim

Our military’s oath isn’t a Constitutional requirement, but has been with us a long time - and does require him to “obey the orders of the President of the United States and the orders of the officers appointed over me”


18 posted on 04/22/2009 3:30:04 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: sausageseller

Yeah, my post was pretty much a low-key IBTZ post.

I figured I didn’t need to alert anyone, that the Admin Mods would see it due to its placement in Breaking News.


19 posted on 04/22/2009 3:30:42 AM PDT by FreedomPoster (Obama: Carter's only chance to avoid going down in history as the worst U.S. president ever.)
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To: FreeAndEqual

Since when does refusing a direct order get you a General Discharge. He should have received a bad conduct discharge.


20 posted on 04/22/2009 4:10:41 AM PDT by yazoo (was)
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To: yazoo
He had already served five years o active duty and been granted an Honorable Discharge. He was in the Individual Ready Reserve.

Here is some information on the IRR:

"Since the terrorist attacks of Sept. 11, 2001, the Army has called up more than 2,500 IRR Soldiers -- the majority through IRR volunteers, though some have been involuntary call-ups. Historically, the Army needs to mobilize about 13 IRR Soldiers to get 10 deployable Soldiers. The called-up IRR Soldiers spend about 30 days at a mobilization installation, getting checks to see if they are qualified for deployment, getting individual weapons qualification, conducting Common Task Testing and receiving training in a number of warrior tasks that reflect the realities of today's operating environment, including how to recognize an improvised explosive devise and reacting to an ambush. Those who do not pass the readiness muster at the mobilization installation for reasons including anything from medical and legal reasons to physical challenges may be disqualified and sent home. Those who pass the muster will be sent on to military occupational specialty schools to get refresher training, normally lasting between two to four weeks. The final stop is joining the deploying unit at least 30 days before deployment for collective training as a unit."

Link:http://www.globalsecurity.org/military/agency/army/usar-irr.htm

The IRR is NOT a significant source for manpower for meeting the Army's operating force needs. Based on the information at the link, 23% of the IRR soldiers called to serve end up not being qualified for further service. So the Army expects to lose some of the soldiers along the way. The sergeant...oops...former sergeant is one of them. General Under Honorable Conditions is probably appropriate considering the character of his service while in the IRR. (Service which probably amounted to nothing more than being on the Army's IRR rolls until he was called up.) Personally, I've got the feeling that the Army was just taking the expedient route to get rid of a troublemaker and refusing to be a prop for any further Left Wing anti-war propaganada.

21 posted on 04/22/2009 4:52:29 AM PDT by Captain Rhino (“Si vis pacem, para bellum” - if you want peace, prepare for war.)
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To: FreedomPoster

i posted the 2 stories because i saw e and they peed me off. do i have to post all the time to not be called a troll? i thought this might interest people.

how easy is it gonna be now to get outta service!!?


22 posted on 04/22/2009 3:08:26 PM PDT by FreeAndEqual
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To: sausageseller

no troll am I!!


23 posted on 04/22/2009 3:08:28 PM PDT by FreeAndEqual
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To: FreeAndEqual

Your posting M.O. is pretty typical for new trolls. If there’s a case of mistaken identity, you pretty well caused it.

You need to prove yourself around here.

The jury is still out.


24 posted on 04/22/2009 5:30:46 PM PDT by FreedomPoster (Obama: Carter's only chance to avoid going down in history as the worst U.S. president ever.)
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To: FreeAndEqual
no troll am I!!

Welcome to FR then.

Not answering is trollish behavior. If you post a thread is is common courtesy to stay with it.

25 posted on 04/22/2009 5:34:01 PM PDT by sausageseller (http://coolblue.typepad.com/the_cool_blue_blog/)
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To: sausageseller

will do and i understand. again - i thought these outageous stories would interest some as they did me - and i am more eager to hear what people have to say - since i basically cnsider myself a dolt of sorts. there are WAY smarter ppl on here!


26 posted on 04/24/2009 5:50:41 AM PDT by FreeAndEqual
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To: FreeAndEqual

JUST FOUND OUT he got a free trip to IRELAND out of the deal for some CIA protest...who PAYS for this??? does some org other then IVAW get a charity designation???

how does someone get one of those???! seriously!


27 posted on 05/03/2009 2:21:32 AM PDT by FreeAndEqual
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