Can Paulists help this Soldier seeking Asylum in Germany?
I learned about this today via a German news magazine, and found this (rather objective) article in the online version of 'Stars and Stripes'
http://www.stripes.com/ar...
My (still rather sketchy) idea: the main legal argument on behalf of this man is that the US engagement in Iraq is in breach with international law. He has a good case with that argument in Germany since a law court recently aquitted a German soldier of diciplinarycharges who disobeyd orders in a mission that was supportive of the allied opertions in Iraq with the argument the compliance of the Iraq operations with international being 'at least doubtful'. Having said this: isn't there a valid argument the US engagement is unconstitutional so this man is right to disobey? I remember Ron Paul saying that to be constitutinal, a declaration of war has to approved by congress.
Can you name and perhabs provide me with some article of a legal journey, legal book or case law that may support this argument? I volunteer to forward it to the German lawyer who represents the man in the asylum procedure.
In spirit of Fellowship of the White Rose
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Thank you
for your comments and advice. Due to various good and bad reasons, I cannot be online during this week as often as usual. I will come back to the matter next week-end and look whom to contact.
Fellowship of the White Rose
Refer him to Bruce Fein
Dr. Paul's (and Bob Barr's) legal adviser, he was with the Heritage Foundation earlier, served under Reagan and now with the American Freedom Agenda.
http://www.americanfreedo...
Of course he also spoke at the Rally for the Republic and when you search in youtube, you will find several videos of him, including speaking at leftwing antiwar Cindy Sheehan's meeting:
http://www.youtube.com/wa...
he also has international experience and worked on the drafting of the constitition of a few countries.
He supports impeachment against Bush since quite a while.
Colognepaulist: Ich denke Fein waere die geegneste Person zu kontaktieren. Er koennte auch jeden Fall gute Ratschlaege geben und hat moeglicherweise auch darueber publiziert?
Argument isn't With the USA.....
The constitutionality of the War in Iraq is not germane to this man's situation. He's seeking asylum, and arguing that the war in Iraq is a violation of international law. U.S. Constitutional Law and International Law have nothing to do with each other, and a German Court has absolutely no interest in the former. From a practical level, this case is going to go nowhere. Germany is home to the largest US overseas military bases in the world. Germany values those bases, and would never do anything to risk losing them. If they establish the precedent that every US Soldier who steps foot on German soil has the right to asylum, they'd not only be opening the floodgates to a bunch of immigrants they don't want, they'd also force the US government to move the bases currently in Germany to Eastern Europe. If Germany wanted the US out of Germany, they'd kick them out themselves, and not have to deal with a bunch of US soldier immigrants they don't want.
Also, hard to sympathize with a guy who joined the Army in 2004 (after 9/11, after the Patriot Act, after weapons of mass destruction proven false, after Abu Ghraib) and is just now getting around to figuring out he has moral objections to the war.
I disagree
The right of an alien to appeal for asylum to the German authorities is a constitutional law guarenteed by the Geman Bill of Rights (art. 16 II Grundgesetz). There is a legal procedure provided for such a claim. This guy has just started the administrative procedure. There are two court instances provided and he may even appeal to the Federal Constitutional Court. All in all the legal courts in Germany have proved to be fairly resistant to the imminent wishes of the govermnent.
He has to verify that he is persecuted for political reasons in his homeland. If he can establish he wouldn't get a fair trial in the USA, because the courts of your country misinterprate not only international law but even your own constitution this will be very significant!
Of course the German government has no interest in a success of this guy, but don't forget the Iraq war and war in general is very unpopular here. If this case becomes well known in Germany it may be impossibe for the goverment to extradite him even if his court case finally fails. And since the power of the US is in decline who knows ..
And even the thread of this guy having success may pose a serious headache for the US military. Don't underestimate the importance of US installations in Germany. Ramstein is the largest US Airforce airport in the world. Landstuhl Regional Medical Center is the largest US hospital out of your country; all military personal wounded in Iraq or Afghanistan who have to be send out of these countries got their first treatment there. These installations aren't easily substituted by bases in Eastern Europe. And we cannot "kick them out" ourselves since we are bound by diverse treaties.
And why not sympathy with this guy? Better late than never. And apparently his personal risk in Iraq wasn't high, while now he may face dishonourabel discharge and prison time in the US.
Fellowship of the White Rose
Libertarian Just War Theory
http://www.wendymcelroy.c...
happy to see this on the front page
how about starting an organization in Germany based around this subject.
It would get a lot of media attention...White Rose could really take off...
http://www.votenader.org/...
http://www.flickr.com/pho...
the Just War Theory
I will be forever grateful to Ron Paul for bringing this up during the Values Voter's debate. Another subject that thankfully will NOT go away!
a little more on the subject here:
http://www.ronpaulnewengl...
Today,
remember the World's Universal soldier
Fellowship of the White Rose
.
.
love your activism my friend
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Truther Sojourn
“I did not run off, for I thought that wicked, but I walked off, believing that to be all right.”
--- Sojourner Truth
Article 1, section 8...
of the U.S. Constitution clearly states,
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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For those who don't know what a Letter of Marque is here is the wikipedia definition. http://en.wikipedia.org/w... and Reprisal http://en.wikipedia.org/w....
It does not say anything about the President being able to declare war. Only congress can do that. Congress hasn't declared a war against another nation since WWII and ironically we really haven't won any of the wars since then.
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." Benjamin Franklin
"A free people ought to be armed." George Washington
"...but let it not be said that we did nothing." Ron Paul
Hope that helps.
Zeus1375
http://www.constitutionre...
Thank you for posting this, Zeus,
and for the Wikipedia links on Letters of Marque and Reprisal. That is what we should have used to get Osama bin Laden and Al Queda. Congress should have passed Dr. Paul's 2 pieces of legislation on Oct. 10, 2001: HR 3074 the Air Piracy Reprisal and Capture Act of 2001, and HR 3076 the Sept. 11 Marque and Reprisal Act 2001.
bump
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Cologne- Perhaps the most thought provoking post today
http://www.youtube.com/wa...
Imagine.............. the shock waves.
Do Not Give Yourself Up...
... To The Machine
http://www.youtube.com/wa...
Rage Against The Machine
Use the righteous rage to fuel your resolve
http://www.youtube.com/wa...
Don’t react…….Act
http://www.youtube.com/wa...
You are not alone….
http://www.youtube.com/wa...
……………………………………..but, resolve and act even as if you are.
Soldiers Of Conscience
Now we’re talk’n !
"Stopping war one soldier at a time."
[ From The Quickening thread: http://www.dailypaul.com/... page 2 ] :
CUT TO THE QUICK
On April 18th, 2008 LibBerte says:
Remember Ron Paul's eloquent admonition in the New Hampshire Debate that our nation has now rejected the Just War Doctrine that goes back to St. Augustine and St. Thomas Aquinas. He was urging we once again embrace an appreciation of Natural Rights Theory and an understanding of Higher Law. (The Pope’s visit should be an occasion for many Catholics and other Christians, who still retain allegiance to neoconservatism, to reflect on how deeply in need we are of an understanding of the philosophical basis for the best of our western traditions. See : Neo-Conned: Just War Principles: A Condemnation of War in Iraq: also Neo-Conned Again, Vol. 2 ).
This discussion invites that we explore the Higher Law underpinnings of our country’s Constitutional heritage. The Founders well appreciated it as Natural to understand there is Law, Higher and Morally binding, which is Transcendent of temporal declarations in codes, rules or other governmental impositions.
See :
http://www.worldandi.com/...
*****
See also:
http://www.democracynow.o...
A list of few good general resources ( supporting conscientious objection, primarily on religious grounds ):
http://www.objector.org/
http://www.centeronconsci...
http://www.thewitness.org...
This reminds me somewhat of the Michael New case ( refusal to wear UN uniform from the Clinton era). The more recent Delgado case may have developed some precedence, though I expect it was resolved to avoid that.
http://www.democracynow.o...
I will help. Please put me in the loop.
http://www.dailypaul.com/...
http://www.dailypaul.com/...
Thank you LibBerte!
I will have a closer look on the resources sited by you and the other freedom friends in this thread.
Fellowship of the White Rose
Retrial At Nuremberg
May the accessories face judgment.
http://www.dailypaul.com/...
I'll stand with the soldier of conscience.
Yes
It was one of the principles developed in the Nuremberg trials that it is no excuse to have acted in the line of command.
Fellowship of the White Rose
Thanks for your support
so far.
Fellowship of the White Rose
This is also a good place to start
http://en.wikipedia.org/w...
http://news.bbc.co.uk/1/h...
If the Iraq Operation is a violation of BOTH the US Constitution AND the UN Charter, it is clearly a "crime against humanity".
more soldiers
must be aware of this so they don't think that just Canada is an option.
We have at least 250 Awol troops here in Canada and the sad part is that one of those was already deported back to states and is serving a prison sentence 13 months .
*peace patriot*
http://www.votenader.org/...
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Canada
In the news magazine I mentioned (Der SPIEGEL) it was also mentioned that Canada is no longer a safe haven for disobeying soldiers due to the loyalty of the Harper government. Yet the Iraq war is very unpopular here while at the same time Germany is of huge importance for the American war effort since nearly all supply for the Middle East is transfered via US installations in Germany. So a success of this guy may cause a real headache for the US Warlords and their German minions.
Fellowship of the White Rose
the Harper government is on them
like white on rice ...
oh that libertarian Harper (NOT) there he goes again
but we have judges who don't agree....
Parliament votes for war deserters to stay, in June ...
Polls support the deserters staying
see
Joshua Keys, Corey Glass (still here)
http://therealnews.com/t/...
Jeremy Hinzman (still here)
http://www.couragetoresis...
Its not all good news
Robin Long, was deported in July. He is in jail in Colorado.
Cologne! Perhaps these
would be a good place to start!
http://www.veteransforpea...
http://ivaw.org/
P.S.Nice to see you! I haven't been on here much lately and am on my way out but will try to email you later!!
"Thomas Jefferson is rolling in his grave fast enough to be a new source of energy independence."~ samthurston
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