Texas Labor Against the War

16 August 2009

Alice Embree : The Court Martial of Travis Bishop

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Travis Bishop (right), before his sentencing. With (left) journalist Dahr Jamail and attorney James Branum. Photo by Alice Embree / The Rag Blog.
Anti-war GI Travis Bishop found guilty;
joins Victor Agosto in Bell County jail

I can not say that a year in prison doesn’t scare me. I am terrified… (But) it would be scarier still to know that my fellow soldiers who feel as we feel would never find out what we are trying to accomplish. — Travis Bishop

By Alice Embree / The Rag Blog / August 16, 2009

See ‘Protesters support Bishop and Agosto’ by Alice Embree, Below.

In the second court martial in two weeks, another Fort Hood soldier was sentenced on August 14th for refusing to deploy to Afghanistan.

Sgt. Travis Bishop was brought before special court martial proceedings, found guilty and sentenced to one year in prison. His rank and pay were reduced. He is expected to be held in the Bell County Correctional Unit before serving his sentence in a military jail. His discharge status will be determined later. Because Sgt. Bishop has a prior honorable discharge, his GI benefits may not be reduced.

Sgt. Bishop faced four charges: willful disobedience of a Non-Commissioned Officer, absence without leave and two counts of missing movement. The charges were more serious than those faced by Spc. Victor Agosto on August 5th. Agosto’s case was resolved in a summary court martial and he is serving a one month sentence in the Bell County Correctional Unit.

The courtroom resembled a civil courtroom with the judge in black robes. An Army defense attorney was seated with Bishop and his civilian defense attorney, James Branum. The panel, however, was hardly a peer panel. The jury seats were filled by eight Colonels, Lieutenant Colonels and Majors who had to be warned once not to fall asleep while the Judge read instructions.

A Fort Hood Public Affairs representative told Bishop supporters during a recess that Bishop was being tried in the same courtroom where Army Staff Sgt. Shane Werst had faced a court martial for shooting an unarmed Iraqi citizen. “Five privates turned a dime on him,” he said. Despite testimony that soldiers were ordered to plant a gun on the Iraqi citizen to make the death appear to be self defense, Werst was acquitted May 26, 2005. Bishop’s sentence for not deploying is a sobering contrast.

Bishop’s court martial began on Thursday and Bishop’s defense attorney and supporters had expected the arraignment, designation of a jury panel and testimony of one witness to be brief. Instead, the trial began in earnest and lasted five hours. At one point on Thursday, supporter Cynthia Thomas was asked by a Killeen police officer and an Army MP to leave the courtroom and explain her relationship with the defendant. Thomas asked if she were being detained and to speak to her attorney. She was not stopped from returning to the courtroom.

The prosecution brought Captain Chrisopher Hall in to testify that the absence of Travis Bishop from his unit had caused hardship to his unit. The defense presented four witnesses who testified to Travis Bishop’s sincerity of beliefs. Bishop filed a request for Conscientious Objector status in late May and the request is still pending.

Charles Luther, a defense witness with a background as a lay Baptist minister, spoke of Bishop’s religious beliefs. The defense attorney established that psychiatrist, Lt. Col. Adams, to whom Bishop had been referred, approved Bishop’s Conscientious Objector claim and that it was one of only two claims in his ten years that Adams had approved.

In a surprise moment at the end of testimony, the Prosecution decided to call Lt. Colonel Ronald Leininger to the stand. Leininger was the Brigade Chaplain to whom Bishop was referred for pastoral counseling. Bishop has described his deep disappointment in speaking to someone he thought would be attentive to his religious beliefs. Bishop said the Chaplain reduced his interview time and interrupted the interview repeatedly by receiving phone calls.

In the statement issued by the Chaplain after his visit with Bishop, he focused almost no attention on Bishop’s religious beliefs. Instead, he wrote that Bishop had been coached by Iraq Veterans Against the War and other antiwar activists. He went further to say that the affiliation that best described Bishop’s religious heritage was “Conservative Evangelicals” who the Captain said are “generally pro-military service with no pacifist tendencies in doctrine or practice. In fact, they make good soldiers.”

Bishop has received letters of support from a number of pastors who cite their church’s doctrine and practice supporting conscientious objection to war.

The court was recessed as the panel considered the verdict for about one hour. They found Sgt. Bishop guilty. In the sentencing phase, the civilian defense attorney, James Branum, asked for a three months sentence in light of Sgt. Bishop’s sincerity and previous good conduct, including a fourteen month deployment in Iraq. In particular, Branum focused on the fact that soldiers are never given information about their rights to Conscientious Objection. Branum said that a soldier who changes his or her belief about war doesn’t understand that there are options.

Maj. Matthew McDonald, who served as the judge, discounted the relevancy of whether Bishop was notified about his right to file for CO status. McDonald was quoted in the Killeen Daily Herald (8/14/09) as saying: “If every soldier in the Army who disobeyed an order could claim it was because they weren’t notified of conscientious objector status, we probably wouldn’t have a military any more.”

Prior to sentencing, Bishop’s testimony was forceful and moving. He cited several articles that protect a soldiers rights and noted that soldiers often are not informed of their rights, but that doesn’t relieve the Army of its responsibility to honor those rights. Bishop said that the right to pursue a claim of Conscientious Objection requires protection. He said that he was unaware that he could pursue a claim of Conscientious Objection until right before his deployment.

“The truth is, as soon as I discovered this process [C.O.] existed, I acted upon it. I left because I did not feel that I would have a sympathetic, understanding command structure to fully take my problems to, and also to give myself time to prepare for my C.O. application process, and the legal battle I’m currently fighting. These are not excuses. These are explanations. My hope is that you truly treat them as such during your sentencing deliberations.”

After being sentenced to the maximum jail term allowable under a Special Court Martial, Bishop had time to handwrite a note:

“To everyone who still cares: I can not say that a year in prison doesn’t scare me. I am terrified… But still, though I am terrified, it would be scarier still to know that my fellow soldiers who feel as we feel would never find out what we are trying to accomplish… Everyone who hears or reads this should know that I love you all, and my life is forever changed because of you. Victor and myself are starting something and it is now up to all of you to continue on. With all my heart. Travis.”

As Bishop was escorted from the Justice Center to a waiting van, supporters who were active duty soldiers or veterans stood at attention and saluted. Hands cuffed together, Bishop flashed a peace sign in return.

Demonstrators outside the Bell County Correctional Unit where Victor Agosto and Travis Bishop are being held. Photo by Alice Embree / The Rag Blog.

Protesters support Bishop and Agosto

Protesters gathered Saturday, August 15th, in support of two Afghanistan war resisters held in the Bell County Correctional Unit. Under a blazing Texas sun, protesters held signs and chanted.

Victor Agosto is incarcerated at the Bell County facility after being court martialed August 5th for refusing to deploy to Afghanistan. Agosto was sentenced to one month. Travis Bishop will be held in Bell County for about two weeks before his transfer to a military prison. Bishop was court martialed August 14th and received a sentence of one year.

Supporters plan to be present every Saturday while the resisters are in jail at this facility. For more information, go to the Under the Hood Cafe website.

–Alice Embree / The Rag Blog / August 16,2009

http://theragblog.blogspot.com/

27 July 2009

This report is from the International Federation of Chemical, Energy, Mine and General Workers’ Unions.

Upon invading Iraq in 2003, the U.S. government kept in force Saddam Hussein’s edict banning labor unions in the public sector (which is the majority of the economy, including oil).  Nonetheless, Iraqi trade unionists have fought to rebuild their labor movement.  They have had to withstand attacks by both the U.S. and Iraqi authorities.  Iraqi unions have called for an end to the illegal occupation and for an end to U.S.-promoted plans to privatize industries and contract out control of Iraq’s oil resources to multi-national, U.S.-allied corporations.

This report is also available on the U.S. Labor Against the War website:

http://www.uslaboragainstwar.org/article.php?id=19956

Negotiations are presently taking place between the ICEM-affiliated, Iraqi Federation of Oil Unions (IFOU) and the Iraqi Drilling Company, following demonstrations and a workplace strike 24 June, 2009.

Management called in Iraqi security forces, who cordoned off the demonstrators and workplaces. We are informed that only the demonstrators’ determination and good will prevented violence, given that the management had informed the military forces that the demonstrators were terrorists. Workers left at the end of their working hours but returned on the second day, gathering in front of the worksites and halting operating machines.

Workers submitted their demands to the management which include: reopening the trade union, which had been closed by the Director-General, upon the Minister’s directive; re-activating the productivity allowances payments and various other allowances; and moreover, the workers called on the ministry to be patient in the signing of licensing contracts which the ministry want to conclude.

Iraq’s oil workers are legally prevented from forming unions, based on remaining Saddam Hussein-era laws. The workers have organized nonetheless. The 2005 Constitution calls for new labour laws.

Iraqi oil unions have repeatedly protested working conditions; including pay and housing, and opposition to the draft oil law, viewed as too open to foreign investment. The Oil Ministry has instructed its state oil companies not to deal with the unions and has come down hard in the past, as often reported by the ICEM. See recent ICEM reports on Iraq here.

Iraq has the world’s third largest oil reserves, with considerable potential for increased levels of production. Iraq earns around 95 percent of state income from oil sales, nearly $62 billion last year.

Negotiations are continuing with workers at the Iraqi Drilling Company. The ICEM will report further developments in this brave struggle for trade union rights.

Victor Agosto, immediately prior to his Court Martial at Fort Hood, Texas. Seated on left is Agosto’s civilian attorney, James Branum. Photo by Cynthia Thomas / The Rag Blog.
The Summary Court Martial of SPC Victor Agosto

In an unscripted emotional moment after the sentence was read, Victor Agosto ripped his rank off his uniform and put it in front of the Captain.

By Alice Embree / The Rag Blog / August 7, 2009

See ‘The truth is on our side,’ by Victor Agosto, Below.

Three knocks on the door of the small conference room signaled the beginning of Specialist Victor Agosto’s summary court martial. Captain Santos said, “Enter.”

Victor saluted her and said, “Specialist Agosto reporting as ordered.”

A summary court martial is a scripted affair in which the presiding officer serves as judge, prosecutor and defense attorney. At this hearing Victor Agosto’s charge was his refusal to obey orders to deploy to Afghanistan and the tiny room was packed with civilian supporters. An Associated Press reporter would soon give the story a national audience.

Specialist Victor Agosto has been stationed with the 57th Expeditionary Signal Battalion, 69th Air Defense Artillery, Rear Detachment. He had served a thirteen-month deployment in Iraq. On the day of his court martial he had been in the Army four years and one day. His contract would have been up at the end of June, but the unpopular stop/loss clause was invoked, his termination date revised and he was told he would be deployed to Afghanistan.

Rather than going AWOL or trying to escape punishment, Agosto informed his command in April that he would not be deployed to Afghanistan. He reported for work, but refused all orders that directly supported the war that he found immoral and unjust.

In the court martial hearing on Wednesday, August 5, 2009, Cynthia Thomas testified to Victor Agosto’s character. She told those present that as an Army wife for seventeen years, she had met many soldiers, from privates to officers. “And in all that time I have not met a soldier with more integrity than Spc. Victor Agosto… He’s not impulsive or rash… he carefully considers the consequences of his actions… I have seen him struggle with the question that plagues many of our soldiers and family members. Whether the wars in Iraq and Afghanistan are just.”

Cynthia told the court that Victor Agosto “made the very hard decision to follow his conscience knowing that his peers and his command would ostracize him. That he would lose all the benefits he has earned after fulfilling his 4-year contract, and after serving thirteen months in the Iraq war… Victor feels so strongly in following his conscience that he is willing to give up his freedom. The very freedom that our country asks our soldiers to fight for…”

After Cynthia’s testimony, the hearing was moved to a larger hearing room in order to accommodate more supporters who had not been able to get in. Victor Agosto was allowed to present testimony at that time. He spoke of his good conduct medal, of the fact that he didn’t break rules other than those he could not follow in good conscience. He testified that he did not pursue a Conscientious Objector discharge because he believed that some wars were necessary. Agosto said that he believed that the war in Afghanistan was illegal under international law — that the United Nations Charter prevents countries from engaging in wars unless they are in self-defense or authorized by a United Nations Security Council resolution.

Agosto went on to cite the letters of support he has received, including one from Noam Chomsky. He said that he has received over 2,000 online signatures on petitions of support and several hundred more petition signatures on paper.

After a short adjournment, Captain Santos read Agosto’s sentence — loss of rank, loss of half a month’s pay, and thirty days confinement. He is then likely to receive an Other Than Honorable discharge that will cost him additional GI benefits.

In an unscripted emotional moment after the sentence was read, Victor Agosto ripped his rank off his uniform and put it in front of the Captain. Later, his attorney said, he received a guard’s help in removing the rank sewn on to his hat.

Supporters waited for about forty minutes for Victor Agosto to be brought downstairs. Guards escorted him to a white van. He was undaunted, unshackled and without handcuffs, flashing a peace sign as supporters did the same and raised fists. Despite a guard’s repeated warnings of “no pictures,” cameras clicked and film rolled.

Victor Agosto’s civilian attorney, James Branum, returned reporters’ phone calls all afternoon. He had acted as an occasional advisor, but did not represent his client. Under the strange rules of military
code, if Branum had represented Agosto, a guilty verdict would remain permanently on Agosto’s criminal record.

At 7:00, under a still unforgiving Texas sun, about sixty supporters gathered at the East Gate of Fort Hood. Active duty soldiers in Iraq Veterans Against the War were joined by people from Killeen, Belton, Austin, and as far away as Fort Worth. Protestors stood across from the sprawling military base — the country’s largest base — holding signs of support for Victor and chanting. Drivers passing by flashed peace signs, held thumbs up and honked, proving that there is more of a bond than most would suspect between the peace movement and the soldiers and military families ground down by multiple deployments in seemingly unending wars.

James Branum read a statement from Victor Agosto. “I have learned that nothing is more frightening to power than a direct and principled challenge to its authority. The truth is on our side and those who have incarcerated me know it.”

Victor Agosto will serve thirty days in a Bell County Correctional Facility. (His official inmate listing says “offense unknown.”) Supporters have scheduled weekly protests 1-2:00 p.m. each Saturday while Agosto is incarcerated. Belton’s New Jail Facility, also known as Loop 121, is located at Loop 121 and Huey Drive.

Supporters of Victor Agosto protest his Court Martial, East Gate of Fort Hood, 8 p.m., August 5, 2009. Photo by Michael Kern / The Rag Blog.

The truth is on our side

By Victor Agosto / The Rag Blog / August 5, 2009

[The following statement was read at the protest after Thursday's court martial by James Branum, Victor Agosto's civilian attorney.]

I have learned that nothing is more frightening to power than a direct and principled challenge to its authority. The truth is on our side and those who have incarcerated me know it. This is something that no amount of pro-war propaganda can change.

My only regret is that I did not begin refusing orders sooner. My only apologies are to the people of Iraq and Afghanistan. I hope that someday they can forgive me for my contributions to their distress. Thank you for coming here to protest my incarceration. I am humbled by your demands for even greater concessions by the United States Army. I am completely content to spend a month in jail for the sake of my conscience. But it seems that reducing my sentence from a year in jail to thirty days in jail is just not enough for you people. This dedication to justice is something that draws me to people in the peace movement.

I look forward to continuing to work with you, the Texas peace community, to bring about the end of these horrendous occupations in Afghanistan and Iraq. I thank you for making me feel that I can comfortably call Texas my home, something that seemed unimaginable three and a half years ago when I first arrived at Fort Hood. You have treated me with a compassion and kindness that I do not deserve. Your dedication to the cause inspires me to continue struggling for world peace.

jail solidarity for Victor Agosto

Posted by: “Fran Hanlon” (CodePink Austin)

Thu Aug 6, 2009 4:06 pm (PDT)

Afghanistan war resister needs support..please forward widely

Posted by: “Fran Hanlon” 

Mon Aug 3, 2009 3:40 pm (PDT)

Hello All,
Victor Agosto, who has refused all orders related to deployment to
Afghanistan is preparing to be court-martialed on Wednesday morning.
Supporters plan to rally near the East gate of Fort Hood that evening at
7pm. Please consider joining us to show your support for Victor’s
courageous actions. Below is the press release which went out today. It
was written by an IVAW member at Fort Hood. Visit Under the Hood’s website
www.underthehoodcafe.org for a Killeen map. The rally site is at the
corner of Ft. Hood Rd. and W. Rancier Ave. You can call Under the
Hood (number on website) if you need further directions.

Also, CodePink is organizing weekly vigils every Saturday at the Bell County
jail until Victor is freed. More details on that to follow.

Peace,
Fran

SOLDIER OF CONSCIENCE TO BE COURT-MARTIALED
SPC VICTOR AGOSTO REFUSES DEPLOYMENT
AND FACES INCARCERATION FROM MILITARY

CONTACTS: James Branum 405-476-5620
866-933-2769
Cynthia Thomas 254-768-8300

SPC Victor Agosto, a Soldier stationed with 57th Expeditionary Signal
Battalion, 69th Air Defense Artillery, Rear Detachment, is scheduled for
court-martial on Aug.. 5 at Ft. Hood, TX. A victim of the highly unpopular
stop/loss policy, SPC Agosto, whose contract was over at the end of June,
was told that his next assignment would be deployment to Afghanistan. At
the end of April, with support of local residents, Agosto went public with
his intent to refuse the orders to Afghanistan, on the basis of the
occupation being “immoral and unjust.”

Instead of going ‘underground’ and trying to escape punishment from the
Army, Agosto chose to remain at Ft. Hood as a tangible symbol of GI
resistance. Refusing all orders that directly support the war, he has found
himself in an overwhelming struggle to maintain his honor and position. His
court-martial will culminate with the sentencing portion of the trial, at
which, it is believed that the Army will enforce the highest form of
sentencing it can impose.

SPC Agosto’s attempt to raise awareness and support has not fallen on deaf
ears, even in a military community; he has found supporters and friends who
are willing to help. As the unit serves overseas, he continues to voice his
dissent for an “unjust” war. There will be demonstrators present the day of
his arraignment, located off-post due to military regulations concerning
demonstrations on military posts.

SPC Agosto’s attorney, James Branum will be available for interviews and to
read a public statement by Victor.
Wednesday, August 5
7:00 to 8:30 pm Demonstration for awareness and outreach to Soldiers at
Ft. Hood, East gate