Editorial: Support War Resisters

Friday US war resister Robin Long was court-martialed in Colorado. Karen Linne, Fort Carson Public Affairs Office, explained Friday afternoon that he was sentenced to 15 months behind bars, reduced in rank (to E1) and given a dishonorable discharge. Robin was held at the Criminal Justice Center in El Paso Country while awaiting the court-martial and he will receive credit for the time he has served ("about 40 days").



Robin enlisted in July 2003 and was told he wouldn't be going to Iraq. His US civilian attorney for the court-martial, James Branum, explained that and explained the basics of contracts (at JMBZINE.com):



First, Robin was promised by his recruiter that he would never see combat in Iraq. Robin was a fool for believing his recruiter, but I would say that it is understandable that he would believe his recruiter and understand that his recruiter is an agent of the US military and is tellilng the truth. And in basic contract law (outside of the military context), such statements could very well be interpreted as part of the contract itself, even if those statements aren't in writing.
Second, a basic tenant of contract law is that a contract isn't binding if it forces a party to engage in an immoral, unethical or illegal action. I would argue (as would Robin and millions of other people) that the Iraq war is all three of those things, and as such an enlistment contract should be invalid if it purports to force a party to participate in such a war. (of course, the enlistment "contract" isn't really a "contract," but that's another discussion. It would be fairer to say that it is an agreement to voluntarily become a slave of the state.)
Third, Robin Long left his unit and went to Canada in large part due to his conscience. Throughout history, we as a people (and I'm speaking of all North Americans and really all people of the world), have respected the idea that sometimes one must break the law if it conflicts with conscience. Dr. King, Gandhi, Thoreau, Jesus Christ, they all lived out this ideal. Contemporaries of the civilly disobedient often attack the character of those who refuse to submit to unjust laws, but the history books paint a different story.



In March 2005, Robin was informed he would deploy to Iraq and ordered to report to Fort Carlson in April of 2005. Instead, he self-checked out. Long remained underground for two months and went to Canada only for a wedding (June, 2005). He made that decision, as he told the CBC in October 2007:



Because I feel the war in Iraq is an illegal war of aggression and its an indiscriminate killing of the Arab people and I believe it's all for lies and the wrong reasons so I couldn't with good conscience take part in that conflict. . . . When I joined the army, I thought the war in Iraq was a good thing. I was lied to by my president. I -- The reasons that were given, I thought were valid but just because I joined the army didn't mean I abdicated my ability to evolve intellectually and morally and what I saw in the independent media and even in mainstream media changed my view of what was going on over there. And based on what I learned, I made a decision to desert.



He was speaking to the CBC after being released from jail for the 'crime' of movement. Robin was a new father and a day laborer. He did not move, he traveled to where the work was while keeping his residence. In Nelson (we'll get to that), he was busted for 'movement.' He'd changed residences! And not told the authorities! He hadn't changed residence.



But that set it all that followed in motion as the Stephen Harper government began insisting upon a "a pre-removal risk assestment." At the time, Courage to Resist made it clear: "He still faces a pre-removal risk assessment which could lead to deportation at a later time so the fight is not over yet." He told the CBC, "It feels good to be out. The fresh air feels really good. . . . When I got arrested and was sitting in the detention cell in Nelson, I was pretty sure I was going home right away. I was pretty sure I would be deported. The way that the immigration officer made it sound, I would be deported Friday. That's not quite what happened and I'm very thankful for that."



He wasn't deported while in jail in October 2007 because organizations such as the War Resisters Support Campaign and the Canadian Peace Alliance, the New Democratic Party of Canada political party (click here for release in English, here for release in French) and individuals worked very hard and worked very quickly, raising awareness, getting the word out and ensuring that whatever happened would not happen in silence or shielded from the public.



That was October and Robin stated he was hopefully that the following month, when the Supreme Court of Canada decided whether or not to hear the cases of U.S. war resisters Jeremy Hinzman and Brandon Hughey, there would be good news for all the war resisters in Canada.



Nelson? Rod Mickleburgh (Globe and Mail) was left to point out, "His detention on Monday follows the bizarre apprehension earlier this year of Kyle Snyder, another war resister staying in Nelson, who was taken off to jail in the middle of a winter's night, wearing just a toque, a robe and his boxers. Nelson police have refused to say on whose request they detained Mr. Snyder, or why they knocked on his door at 4 a.m. They released him three hours later, after learning that he was legally in Canada as a visitor."



Kyle Snyder's arrest came on the orders of the US and -- though Nelson police seem to have trouble grasping this -- the US cannot order around the police of Canada. After Snyder was arrested, the department and its head, Dan Maluta, repeatedly altered their story on what happened and happened. The whole thing was a lot like the visit to Winnie Ng's home and the ever-changing story on that by Canadian authorities. Following the publication of Joshua Key's The Deserter's Tale, the US military decided to enter Canada. Accompanied by a Canadian police officer, two members of the US military began searching for Key. The trio went to Winnie Ng's home (she had housed Joshua and Brandi Key along with their children early on when they moved to Canada) and presented themselves -- all three -- as Canadian police as they began questioning her. Ng told her story and was dismissed. She was ridiculed by the police and the US military denied it. But the story didn't go away and finally -- bit by bit -- it was learned that a Canadian police officer did escort two members of the US military around in their search for Key. Everything Winnie Ng said happened, happened. She stuck to her story and her story -- subsquently -- was proven accurate. Which is why the latest sop tossed out by Dan Maluta is greeted with skepticsm and why Manluta was under investigation for his actions in Snyder's arrest. The stories were ignored in the US media even by our trusted 'alternative' voices, only Gregory Levey (Salon) covered these earlier instances.



Robin continued on in Canada. He and his partner Renee had a son. He continued working. And then he was ordered imprisoned. He was judged a 'flight risk.' A flight risk? You're considering deporting someone and you want to imprison to make sure they don't leave the country?



No, it never made sense. Until you grasped that Judge Anne Mactavish's July 14th deportation order was, in fact, an extradition.



Mactavish avoided doing what she did up front because she knew extradition was a different process, she knew that if she ordered extradition (and not deportation), her actions would be reviewed by higher bodies before anything took place. Extradition is a legal process which requires many steps. By pretending she was merely overseeing a deporation, Mactavish skipped those steps. If Robin was being deported, he would be taken to the border or to a bus depot or airport where he would board something departing Canada. Instead he was extradited. After the ruling was made public, he remained imprisoned, kept from his peers and the press and he was physically taken to the border by Canadian authorities who did not expell him, they released him into the custody of American authorities under the arrangement that had already (and illegally) taken place.





As Susan Bourette (Christian Science Monitor) observed, "In a country that provided refuge to an estimated 90 percent of some 100,000 deserters and draft dodgers who went into exile during the Vietnam War, it's an unprecedented decision -- though perhaps not unexpected, given the political temper of the times in Canada."



That temper would be coming from Stephen Harper's side of the government. The Prime Minister and his party do not reflect the mood in the government or the mood in the country. June 3rd, the House of Commons passed a motion calling for safe harbor for war resisters by a vote of 137 for and 110 against. As the New Democratic Party noted in "NDP motion to let war resisters stay passes:"



Iraq War Resisters residing in Canada received overwhelming support from the House of Commons following today’s passage of an NDP motion to let them stay in the country.

NDP Citizenship and Immigration critic, Olivia Chow's (Trinity-Spadina) motion reflected ordinary Canadians' belief that George Bush’s war in Iraq is wrong and that resisters should not be deported to jail. The motion calls on the Harper Conservatives to allow American war resisters who have refused or left military service related to the illegal invasion of Iraq and their immediate family members to stay in Canada and be able to become permanent residents. Furthermore, the motion would force the government to immediately withdraw any removal or deportation orders against War Resisters.

NDP MP Bill Siksay (Burnaby Douglas), moved a similar motion a year ago on May 8, 2007 at the Standing Committee on Citizenship and Immigration. His motion was rejected by the Conservatives, Liberals and Bloc. Through ongoing campaigns and mobilizations, supporters have finally been able to sway the Liberal and Bloc vote in support of the war resisters.

"Ordinary people want the Iraq war resisters to stay," said Chow. "The Harper Conservatives must respect this and immediately implement this motion."



That was the will of the House of Commons and it reflected the will of the Canadian people who have consistently voiced their support for US war resisters in poll after poll. Despite that vote, despite the people's belief, despite objections from MPs, Robin was extradited. The NDP issued a call to stop the expulsion:


NDP MP Bill Siksay (Burnaby-Douglas) is calling on the Conservative government to stop the deportation of American Iraq war resister Robin Long, scheduled for today.
"Stockwell Day, Diane Finley and Stephen Harper should respect the will of Parliament and the Canadian people and stop this deportation immediately," said Siksay. "The House of Commons has passed a motion supporting a special programme that would allow conscientious objectors who refuse to serve in the war in Iraq to remain in Canada. The government must respect this action by the House and stop deportation action against Robin Long and other Iraq war resisters."
The Standing Committee on Citizenship and Immigration reported to the House of Commons about the need for such a programme, and on a motion moved by MPs Olivia Chow and Siksay, the House concurred in that report.
"The Canadian government and the Canadian people do not support George Bush's illegal war in Iraq. We must have the courage of those convictions and back them up by ensuring that Americans who take a stand against that war receive a welcome in Canada," noted Siksay.
"Robin Long must be allowed to stay," Siksay concluded.



But Robin was extradited.



Friday he was court-martialed. Nick Kyonka (Toronto Star) points out, "The sentence was the longest any convicted army deserter had received since the beginning of the 2003 Iraq war, said retired U.S. Army Col. Ann Wright, a former diplomat who resigned from her post out of protest at the war's outset. Wright testified against the legality of the Iraq war on Long's behalf.Of the thousands of soldiers sentenced for desertion or going AWOL – and the estimated two dozen tried for protesting the war – only former army sergeant Kevin Benderman received an equal sentence in 2005." ABC's KRDO reported:



Long's suporters felt the sentence is too harsh. "He's a young man who is a very good man," said retired Col. Mary Ann Wright, a former Army diplomat. "He's got principles, honor and courage. Four or five months is pretty common among all the ones who have gone AWOL and been public about it."

Sgt. Matthis Chiroux of New York can relate to Long. Chiroux also refused a deployment, but says the Army decided against court-martialing him--partly because he testified about war objections before Congress and had support from some lawmakers. "Robin Long, to me, is a hero. I'm going to be writing him lots of letters."



And they quoted Branum explaining of Robin, "He felt good that he got to speak his mind about why he did what he did. He knows that he did the legally wrong thing, but the morally right thing."





That's right, Robin didn't back down. He didn't show up at his court-martial and say, "I must have been drunk! I was wrong! The Iraq War is a gift from heaven!" He called it out. Courage to Resist adds:



The trial was packed with Long’s supporters, including members from Iraq Veterans Against the War, Veterans for Peace, and the Pikes Peak Justice and Peace Commission. The courtroom was so full that many of his supporters had to wait outside. When Long stepped out of the courtroom, he was met with throngs of people who cheered him on loudly, despite being pushed across the street by military police. Long’s supporters have spent months rallying on his behalf, and Courage to Resist raised funds for his civilian lawyer, James Branum.



Retired Army Col. Ann Wright (and retired US State Dept) tells Courage to Resist that the show of support helped Robin and that "It sets a very chilling precedent that someone who is brought back gets the book thrown at them. I hope the Canadian government recognizes that."



Courage to Resist notes three ways you can help Robin now:



1. Donate to Robin's legal expenses

2. Send Robin letters of support, more

3. Leaflet: Support Robin Long! (PDF)



We're not sure whether they're still promoting the third option but hope they are. Robin's sentence will be shortened by 40 days due to his imprisonment prior to the court-martial. Other war resisters have had their sentences reduced for a variety of reasons that often boiled down to the fact that the public did not forget about them.



Remember too that Jeremy Hinzman has been told he has until September 23rd to leave Canada, after that he will be deported. He has taped a video, available at the War Resisters Support Campaign, where he speaks directly to Stephen Harper, Prime Minister of Canada:




Jeremy Hinzman: Hello, Mr. Harper. This is my family Nga, Liam and Meghan. We've been in Canada for the last four and a 1/2 years. I was a specialist in the 82nd Air borne division of the United States Army and served honorably in Afghanistan. In 2004, my family and I came to Canada because we would not participate in the Iraqi War, a war which Canada also refused to participate in because it was condemned by the international community. One of your predecessors, Pierre Trudeau, once said that Canada should be have from militarism and we took him at this word. On June 3, 2008, the Canadian Parliament passed a motion saying that United States war resisters should be able to remain in Canada. We're asking you to abide by this motion and allow us to stay in Canada. Thank you.


Title Card: On September 23rd, the Harper government plans to deport the Hinzman family back to the United States.


Title Card: Hinzman faces a court martial and up to 5 years in military prison for opposing the Iraq war and coming to Canada.


Title Card: War Resisters Support Campaign (Canada): www.resisters.ca


Courage to Resist alerts, "Supporters are calling on Hon. Diane Finley, Minister of Citizenship and Immigration, to intervene. Phone 613.996.4974 or email http://us.mc507.mail.yahoo.com/mc/compose?to=finley.d@parl.gc.ca,"Iraq Veterans Against the War also encourages people to take action, "To support Jeremy, call or email Hon. Diane Finley, Minister of Citizenship and Immigration, and ask her to intervene in this case. Phone: 613.996.4974 email: http://us.mc507.mail.yahoo.com/mc/compose?to=finley.d@parl.gc.ca."