Monday, March 23, 2009

Testimonial of Active Duty National Guard Sergeant and Iraq Vet

I am an Active National Guard supply sergeant and former Artilleryman and 3 time Iraq veteran. I have taken the oath of enlistment 4 times, and I will support and defend my Constitution to the death. Soldiers have discussed the issues for months now, and my Chief Warrant Officer told me about this blog just this weekend. COUNT ME IN! I will do whatever I have to do to keep our government from enslaving our people! Please give me some guidance. Thank you.

Please keep me anonymous.


Anonymous said...

Welcome brother! We shall defend it together, shoulder to shoulder, by any means necessary. Thank you for your service!

Barua Kabitu said...

I just found this blog and I am truly encouraged. Please know that I will be back, and I will be supporting this and all those involved in any way I can. Godspeed!

Moozle said...

I can remember thinking about being faced with what to do with illegal orders as far back as 1980, when I first signed up. this may clarify it a bit:

Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be "willful" under this article).

In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you're given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.

"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.

The first recorded case of a United States Military officer using the "I was only following orders" defense dates back to 1799. During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port. However, when President John Adams wrote the order to authorize the U.S. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port. Pursuant to the President's instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port. The owners of the ship sued the Navy captain in U.S. maritime court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders "act at their own peril" when obeying presidential orders when such orders are illegal.

The Vietnam War presented the United States military courts with more cases of the "I was only following orders" defense than any previous conflict. The decisions during these cases reaffirmed that following manifestly illegal orders is not a viable defense from criminal prosecution. In United States v. Keenan, the accused (Keenan) was found guilty of murder after he obeyed in order to shoot and kill an elderly Vietnamese citizen. The Court of Military Appeals held that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal."

That's you and me Brother. Each person has to be their own judge when faced with an illegal order. Such as violating the Constitution.

Jon B. Watts, SMSgt, USAF, (ret.)
"The Constitution - It's not only a good idea, It's the LAW!"

Article excerpted from:

Anonymous said...

Monday, March 23, 2009
Just an American Citizen here

I have not ever being in the Military, and have not ever taking an oath, but, was born in this Great Country, and am Proud to be an American! And I herby state that I am behind all of the Military Personel, Police Officers, Firefighters. I am an American Citizen, and I will fight for this Great Country that our Founding Fathers created. It is the responsibility of the Citizens of this Great Country to make sure that we keep our Governments "in check."

Remember, this is a country of "We The People" and in this country, "We The People" are the ones in control.........Our "servants" that are supposed to represent us, are the people in the Federal Government and the President, as well as our Congressmen, our Senators, and our County and City Representatives. And, in this country, it is up to the "People" to make sure that we keep our Governments in check. And if they aren't doing that it is "We The People's" responsibility to correct that.

I am certain that I am not the only Citizen in this country that is behind you, and I will fight for this Country along with you!!
Scott Madden of Houston, Texas

Bill of Rights
Article I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Article II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

CaptGooch said...

Mr Madden,

Thank you for your support and for your comments. We do appreciate them.

Sorry it took me so long to get to answering your comments. it has been a "little" busy here for a while now.

May I suggest that you gather some friends and attend an Appleseed Shoot on the 18th and 19th in Honor of our Founding Fathers and their sacrifices for us ?
I just "happen" to know that there is one in College Station on that day ....
[ ]
tell them Oath Keepers sent you.

Or you could gather a group of friends together on the 19th, do up a Righteous Texas Bar-be-que [hold the beer until after the ceremony] and while you are waiting for the brisket to smoke [you did start it on the 18th right ? ... big grin ... ]
Have yourselves an Oath Ceremony.

Now I asked you to hold the beer because this is a Life Long Obligation and serious stuff.
I would NOT recommend taking or giving this Oath when ANY intoxicants are present, If you catch my drift ?

I would suggest using the Officers oath with a few modifications.

On my Sacred Honor I, __N_A_M_E___, 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; that I take this obligation freely and without mental reservation or purpose of evasion; so help me God."

That's the basic no frills Oath to support and defend the Constitution.
It won;t get up a cup of coffee from the Circle K But it will commit you to the task of defending Our Constitution.
And it will remind every politician you write of their Oath when you sign the letter ....
Scott Madden, Oath Keeper since '09

Welcome aboard.

For the Republic