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Fed Up Soldiers Finding New Ways to Protest the War

How some soldiers are using a little-known shield law to protect their right to dissent.
 
 
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There is a strict protocol for military dissent. A service member can exercise free speech, for example, but she should be off-duty. She can protest the war, but not in uniform.

In an unprecedented move, 1,171 service members signed the Appeal for Redress -- a three-sentence statement that beseeches Congress to support the prompt withdrawal of troops from Iraq -- amid a flurry of anti-war activity happening around the country and a vigorous public debate about escalation in Iraq.

According to its creators and their lawyer, J.E. McNeil, executive director of the Washington, D.C.-based Center on Conscience and War, the appeal is perfectly legal and stays within the bounds of respectful discourse.

The appeal's message is not groundbreaking; anti-war sentiment in the military is well-known. The oft-cited February 2006 Le Moyne College/Zogby poll showed that 72 percent of active-duty troops wanted out of Iraq by the end of last year. And the GI Rights Hotline, affiliated with the Center on Conscience and War, gets roughly 4,000 calls a month, 40 percent of which, McNeil estimates, are questions about going AWOL.

And dissent in the ranks is not exceptional either. But the way in which these service members expressed their objection to U.S. policy in Iraq is. Their employment of the Military Whistleblower Protection Act, which shields military members from reprisals for communicating with Congress, is relatively novel.

Last week, the creators, Navy Seaman Jonathan Hutto and Marine Corps Sgt. Liam Madden, announced the appeal to Congress at a press conference held on the steps of the Cannon House Office Building in Capitol Hill. Supporters from the anti-war groups Iraq Veterans Against the War, Veterans for Peace, and Military Families Speak Out attended and spoke. Rep. James McGovern, D-Mass., who introduced the End the War in Iraq Act in the last session to curb spending on the war, and Rep. Dennis Kucinich, D-Ohio, also came out in support. Rep. John Conyers, D-Mich., and Rep. John Lewis, D-Ga., issued letters of support.

Hutto and Madden, joined by others from the military, like Army National Guard Sgt. Jabbar Macgruder, wore civilian clothing, and were careful not to disparage the president or speak on behalf of the military. These reflect the rules under the Department of Defense's Directive "1325.6" or "Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces." The guideline forbids petitioning Congress, which is why Hutto and Madden made it explicitly clear that their statement is a "redress." Service members have the right to "complain and request redress," it reads.

"Those directives are what constrain what they can and can't do," said McNeil. "I encourage them to be very careful."

"Generally [when you join the military], you don't give up your right to be a citizen," she explained. "You have a right to vote or talk to members of Congress, but not in your official capacity. And you could talk to reporters, but not say anything that would tend to subvert the mission of the military."

While there have been no complaints of overt retaliation yet, these service members can be reprimanded in insidious, indirect ways such as being passed up for a promotion or feeling alienated from their unit.

Kucinich promised to rebuke any such overt threats or actions.

"These are amazing men and women who say that this war is abhorrent to them, and still follow orders," said McNeil. "I hope that Congress understands that they are making a double sacrifice: They are risking their careers," she says, "and their lives."

In fact, according to Hutto, 60 percent of the signatories already served in Iraq.

Macgruder, who served in Iraq in 2004 and joined the military in 2000, says he has heard rumors about his unit's redeployment at his base. And though few of his unit's soldiers lost their lives, he felt the personal impact of the war.

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