Marine anti-war veteran may lose “honorable” status (Updated)

I’ve never heard of this guy Adam Kokesh, but apparently he’s some big deal in the anti-war movement. But here’s what I got from the Washington Post;

Adam Kokesh, 25, a graduate student at George Washington University, faces a hearing Monday in Kansas City, where the Marines will recommend an “other than honorable” discharge from the Individual Ready Reserve. He was previously honorably discharged from active duty after fighting in Fallujah and receiving the Combat Action Ribbon and the Navy Commendation Medal.

Upon learning he was being investigated for wearing his uniform during the mock patrol, Kokesh wrote an e-mail to the investigating officer, Maj. John Whyte. The combat veteran discussed his service and his critique of the war, and asked this officer assigned to look into his “possible violation” of wearing his uniform: “We’re at war. Are you doing all you can?” He concluded with an obscene recommendation about what Whyte should go do.

OK, so far there’s a couple of things wrong with this whole story. First of all, everyone, including Kokesh at his self-serving blog claims he’s already been discharged, but that he’s in the Individual Ready Reserve. That’s impossible, junior. You might have a piece of paper that says you were discharged, but you ain’t discharged until you’ve served your time.

According to the Washington Examiner, Kokesh was busted back after his first tour of Iraq;

He was supposed to go to Iraq a second time, but was demoted from sergeant to corporal and not allowed to return after it was learned that he brought a pistol back after his first tour in 2004.

“Not allowed to return” – that means he wanted to return, but the Marines wouldn’t send him back. I think his disillusionment isn’t with the war. He’s lucky he didn’t go to Leavenworth then. The Marines cut him a break.

And that part of the story in Washington Post story about;

He concluded with an obscene recommendation about what Whyte should go do.

I’m guessing that refers to the same phrase that Vice President Cheney used when he told Senator Pat Leahy what Leahy should “go do”.

The Uniform Code of Military Justice addresses that quite succinctly;

889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

Not much wiggle room there, junior. And who are persons subject to this chapter?

802 Art. 2

(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).

Yikes! That’s you, Kokesh, buddy.

As far as the uniform regulation, it’s covered by DoD Directive 1334.1Â (.pdf) which says;

3. POLICY

It is DoD policy that:

 3.1. The wearing of the uniform by members of the Armed Forces (including retired members and members of Reserve components) is prohibited under any of the following circumstances:

  3.1.1. At any meeting or demonstration that is a function of, or sponsored by an organization, association, movement, group, or combination of persons that the Attorney General of the United States has designated, under Executive Order 10450 as amended (reference (c)), as totalitarian, fascist, communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or as seeking to alter the form of Government of the United States by unconstitutional means.

  3.1.2. During or in connection with furthering political activities, private employment or commercial interests, when an inference of official sponsorship for the activity or interest may be drawn.

  3.1.3. Except when authorized by the approval authorities in subparagraph 4.1.1., when participating in activities such as unofficial public speeches, interviews, picket lines, marches, rallies or any public demonstration, which may imply Service sanction of the cause for which the demonstration or activity is conducted.

  3.1.4. When wearing of the uniform may tend to bring discredit upon the Armed Forces.

Since Kokesh was pretending to torture prisoners and making a general nuisance of himself, I’d guess he’d fit under that last one, at the least.

In fact, this from the IVAW website that Kokesh himself wrote just a few weeks ago (dated May 17th) when he infiltrated a military base in Germany to spread his bile;

When we got to the gate, the guard said that I couldn’t bring Jeff on with me because I was not registered in their system, even though I had a valid military ID. Jeff busted out the perfect story, “We’re backpacking around Europe, and we just wanted to come on base to use the PX. I just need to get some toiletries. See, I used to be in the Army too, but my ID is expired.” The guard suggested Jeff give me a list and wait for me. So I carried on alone.

Emphasis mine. He had a valid military ID card – he hadn’t been discharged, he’s subject to the UCMJ. Case closed.

UPDATE: In fact, here’s another charge to tack on, Maj. Whyte;

As I got to the security guard standing in the pedestrian passageway, the soldiers behind me started yelling. “Hey, stop that guy!” “Hey, you need to detain him!” “Stop him!” The security guard told me to stop and I just kept walking. He grabbed my sleeve, but didn’t even hold on. I turned the corner and just kept walking. I looked back and the First Sergeant was there watching me, but by then I was home free.

If this story is true (and the authorities could probably check with the leadership at that Ansbach, Germany Army base), Kokesh is guilty of failure to obey a lawful order and resisting apprehension on a Federal facility – they have a big white sign at the entrance of all US military bases that says, in effet, that you give up up all of your 4th Amendment rights voluntarily by passing through those gates.

According the Examiner Koresh made this statement to the press;

“This is clearly a case of selective prosecution and intimidation of veterans who speak out against the war,” Kokesh said. “To suggest that while as a veteran you don’t have freedom of speech is absurd.”

Sorry, buddy. You don’t have freedom of speech when you’re in the military – I didn’t have freedom of speech. There’s nothing selective about it. A field grade officer was investigating your illegal behavior and you were disrespectful – while you had, by your own admission, a valid ID card – that means you’re subject to the UCMJ. Welcome to the real world, goober.

Looks like his lawyer is trying to frame this as a poor little Marine being railroaded by the Pentagon for his anti-war views. All it is an immature little turd who can’t follow the rules – at least as far back as 2004.

From the Post story;

The case also raises a fundamental question of interest to the roughly 158,000 men and women in the Marines’ and Army’s Individual Ready Reserve: Are they civilians — free to speak their minds — or not?

“This case is about the Marine Corps seeking to stifle critics of the Iraq policy by officially labeling civilian acts of peaceful protest and political speech as misconduct and serious offenses,” says Michael Lebowitz, Kokesh’s attorney, who fought in Iraq as an Army paratrooper .

[…]

But, counters Lebowitz, unlike other types of reservists who have specific paid duties, Individual Ready Reservists are not paid, have no weekend drill requirements and no chain of command. Therefore, he argues, they are civilians, unless summoned back to duty. And if they are civilians, they can say pretty much what they want.

“For the military to try to punish civilians for speaking out against the war is completely outrageous, says Arthur Spitzer, legal director of American Civil Liberties Union for the National Capital Area….

If he has in his possession a valid military ID card, and he hasn’t finished his military committment, he’s not a civilian. He’s forbidden from wearing his uniforms in public at political rallies. How hard is that to understand? He’s also forbidden to be disrespectful to superior officers. Again – real simple.

Kokesh used his military ID to access a military installation and spread anti-war propaganda - Kokesh figured he was in the military when he flashed the card to get on base. Are we just supposed to ask him how and when he wants the rules applied to his behavior?

“I will not be intimidated,” Kokesh says.

That’s good, you’re going to need to remember that when you’re cell mates with Bubba.

The Post also quoted Kokesh and his buddy who had this question;

Kokesh and Madden say they have a question about all this: Don’t the Marines have anything better to do these days?

No they don’t, actually. This isn’t the DC Metro police who only investigate crimes that occur in Popeye’s chicken joints or in the frontseat of their patrol cars. This is the United States Marine Corps which relies on good order and discipline in order to defend this country from our enemies. The rules are enforced uniformly and with good reason. If you don’t like being prosecuted, don’t be such a retard.

Robin at Chickenhawk Express reports that he was engaged in the same behavior this past weekend, too – still wearing his uniform even though he knows that the military disapproves of it. Obviously flaunting his misbehavior hoping someone throws his monkey-ass in jail.

Leftist blogs are busy spread inaccurate propaganda about poor little Adam. From “Courage to Resist“, an obvious talking points memo;

Due to their outspoken opposition to the war, the Marine Corps is now formally threatening to revoke their discharges and retroactively change them to “other than honorable.” This is a new, unprecedented step the military feels is necessary in order to suppress a growing anti-war voice from within the military itself.

No discharge is being changed – he hasn’t been discharged yet. I know the Left depends on misinformation to keep the brainless minions on the plantation, but this is really beyond all reason.

From An Even Keel;

On June 4, the Marine Corps will hold a hearing in Kansas City, MO. Adam is being re-activated just for the hearing so that they can discharge him again with an Other Than Honorable discharge. This for a man who has served two tours in Iraq during his six years of service. He has been on inactive reserve and was due for complete separation on June 18, just fourteen days after this hearing.

He only served one tour in Iraq – his second tour was cancelled because of his misbehavior – an offense that should make the anti-gun Left freak out, by the way. The Post story said he’s been in nearly eight years (I tend to believe that since a tour in the military is eight years). And as I pointed out above, he committed an offense worthy of a court martial and reactivating him to face charges is perfectly legal and common.Â

Lefty blogger Wonkette reported that Kokesh was just arrested by the Capitol Police last month for being a spaz. Don’t bother reading the comments – what a bunch of foul-mouthed creeps. (Editor’s Note; Ha! She deleted the comments after I linked to them.)

UPDATE: Curt at Flopping Aces has even more at “The Dishonest AP At It Again” and Robin from ChickenHawk Express and Newsbusters emailed me this article entitled “Marine Admitted to Uniform Violations While Parodying Military Operations“. Robin also wrote on Chickenhawk Express that Kokesh requested that a Brigadier general perform the same impossible sex act as the field grade officer. So I guess that’s twice he made two mistakes.

I’m sure the Leftists think he’s a fricken rocket scientist, but the other 70% of the country are pretty certain he’s a spoilt child.

Category: Antiwar crowd, Iraq Veterans Against the War, Legal