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Antiwar to the Corps
Adam Kokesh, above, during a street demonstration, and Liam Madden, right, are under investigation for wearing their uniforms during antiwar protests.
(By Andrea Bruce -- The Washington Post)
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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 .
In legal documents sent to the reservists, the Marines cite well-known military regulations against wearing uniforms for political activity. Against Kokesh they say a Marine may not insult an officer. Against Madden they cite a military law that covers disloyal statements.
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, whom Madden has consulted but not yet retained.
It is true that civilians are subject to civilian laws against wearing military uniforms -- but that's not for the Marines to judge, the lawyers say.
Usually, reservists who wear their uniforms improperly are unaware of the rules and the matter is resolved amicably, says Col. John Sessoms, staff judge advocate for Marine Forces Reserve, the top lawyer for the reserves. "These are misdemeanor-type offenses," Sessoms says. "Once counseled, Marines usually conform. They suffer no repercussion."
The cases against Kokesh and Madden are administrative, not criminal. The main repercussion they face is the stain of the "other than honorable" designation, something they may have to explain on applications for employment or security clearance. Whether it affects their Veterans Administration benefits would be up to the VA.
Kokesh and Madden both say they are proud to have served and have nothing against the institution of the Marines. Neither plans to curb his antiwar work, despite the consequences. Kokesh just took part in another mock patrol protest -- wearing his uniform -- in New York City.
"I will not be intimidated," Kokesh says.
