The G.I. Rights News Blog . . .

Thepetitionsite.com: Petition to free Nicole Mitchell

This is an update to: http://jmbranum.com/sites/girightslawyer/2010/05/imprisoned-soldier-at-joint-base-lewis-mcchord-needs-your-help/

We just found out that SPC Nicole Mitchell is being sent to the Naval Brig/CCU Puget Sound (more info on the facility can be found at: https://www.cnic.navy.mil/cnrnw/Programs/CommandandStaff/NavalBrig/index.htm

Nicole would love to get encouraging letters. You can send them to her at:

Nicole Mitchell
Naval Brig/CCU Puget Sound
2020 Guardfish St.
Silverdale, Washington 98315-2020

Also they do allow limited visitation at the brig. You can get info on the rules for visitation at the brig website linked above.

Lastly, I will confirm soon whether books can be mailed to Nicole from Amazon or other online companies. If this is the case, she asks for folks to send books on Eastern Philosophy as well as Science fiction and Fantasy books.

Finally if you haven’t yet sent your letter in support of Nicole’s 1105 claim, please do so ASAP. More info on this can be found at: http://jmbranum.com/sites/girightslawyer/2010/05/imprisoned-soldier-at-joint-base-lewis-mcchord-needs-your-help/

I am writing on behalf of a pro-bono client of mine, SPC Nicole Mitchell.

SPC Mitchell was sentenced to 30 days in jail today in a Summary Court-Martial proceeding at Joint Base Lewis-McChord for the offense of AWOL. But this is not your typical AWOL case.

It began some time ago. SPC Mitchell was an M.P. in the US Army. She served well until she went on a deployment to Iraq, where she began to have serious issues of conscience. After significant reflection and inner turmoil, she applied for C.O. (conscientious objector) status. The coming months were hard, in that she faced significant harasment for applying, but she prevailed. She was granted 1-A-0 conscientious objector status, which meant that she would continue to serve in the military but in a non-combatant status.

Living as a conscientious objector in the U.S. Army proved to be nearly impossible. SPC Mitchell was not assigned to a new M.O.S. (military occupational specialty), but instead remained as an M.P. She no longer carried a weapon but otherwise had to function as an M.P. So when personal problems arose in her life (something that happens to many soldiers), the emotional strain and stress became too much and she went AWOL.

Upon return to her unit, SPC Mitchell did her best to be a good soldier. In many cases, combat veterans who go AWOL and return voluntarily are not prosecuted, but this did not happen to SPC Mitchell. Her command rejected our request for her to be given a chapter 10 discharge in lieu of court-martial, and instead she was given a summary court-martial.

Over the next few days I will be preparing a 1105 clemency application for SPC Mitchell. In this clemency application, I will be asking the convening authority (a high-level officer in her command chain) to suspend the remainder of Nicole’s sentence.

As part of this 1105 clemency application we are asking supporters and friends of Nicole Mitchell to write letters urging the convening authority to act on Nicole’s behalf.

Here is a sample of what a supporting letter could look like (but please reword it as you see fit so it will be in your own words):

To whom it may concern:

I am writing on behalf of SPC Nicole Mitchell, who was sentenced to 30 days in jail on May 19, 2010 for the offense of AWOL.

I understand that you have the power to suspend the remainder of her sentence. I would ask you to do this because.

1. Character - SPC Mitchell took the courageous step of applying for conscientious objector status while in Iraq. She suffered harassment and derision for doing this, but she held her ground. And after receiving C.O. status, she did her best to do her duties within the boundaries of her conscience and the regulations for as long as she was able to.

2. Fairness - Most soldiers who go AWOL do not receive jail time, but rather are either given non-judicial punishment (article 15) or are chaptered out of the Army.

3. Rehabiliation - SPC Mitchell is a gifted musician who will do her best to make the world a better place. The sooner she is released from the prison, the sooner she can be about her life’s work.

Respectfully,
YOUR NAME HERE
YOUR CONTACT INFO HERE”

Also if you know Nicole personally and/or are a US military veteran, please be sure to mention that in your letter.

Due to time constraints, your letter will need to be either faxed or emailed to me. Faxes can be sent to me at 1-866-757-8785. Emails can be sent to girightslawyer(at)gmail(dot)com (but please put NICOLE MITCHELL in the subject line, so your email won’t get lost in the shuffle).

All letters must be received no later than Sunday, May 23rd.

We do not know yet what jail Nicole is being sent to, but as soon we do I’ll post her mailing address here.

We trust that Nicole will be treated well while in jail, but if she is not I may ask for you letters to be sent to the jail by the public. I’ll keep folks advised if this is necessary. More information on the situation will soon also be posted at CoffeeStrong.org

February 10, 2010

FORT HOOD, Texas – Sergeant Travis Bishop received word this week that he was given a 3 month suspension, of the 12 month sentence he received last year for refusing to deploy to Afghanistan based on his Christian religious beliefs against war.

Lt. General Robert Cone, commanding general of Fort Hood approved the sentence reduction on February 4th after considering Sgt. Bishop’s clemency application.

Sgt. Bishop’s clemency application included a legal brief (alleging problems at trial, problems with the processing of Bishop’s conscientious objector claim, and mistreatment at the Fort Lewis brig), a hand-written letter from Sgt. Bishop, and 433 letters (signed by a total of 538 people from 21 different countries) from members of Amnesty International calling for Sgt. Bishop to be released.

Sgt. Bishop’s civilian attorney, James M. Branum, estimates that Sgt. Bishop will be released no later than March 31 based on the amount of good behavior credit Sgt. Bishop has earned.

In an emotional response, Sgt. Bishop asked his legal team to relay this message to the public, “Thank you! Thank you! Thank you to everyone who wrote letters and supported me! This is amazing and unprecedented.”

Sgt. Bishop went on to say that his plans after release are to see his family and friends and then “to try to start this new life that I’ve been granted. I think it is safe to say my life has been completely changed by this. I won’t be going to what my life was like before. Lots of changes are in store for me.” Sgt. Bishop said he hopes to continue to speak out against war and will be returning to Texas to pursue a career as a country musician.

Sgt. Bishop also said he had no regrets and that he urges others who are feeling moral conflicts with war to follow their conscience, but to not wait as long as he did to get help.

According to Mr. Branum, there are many who had a role in securing Sgt. Bishop’s early release. These people include:

* Jeff Paterson, Sarah Lazare and everyone else at Courage to Resist
* Chuck Luther (fearless G.I. Advocate and head of Disposablewarriors.com),
* CPT Glendening with the US Army Trial Defense Services (trial co-counsel)
* Cynthia Thomas (director of the Under the Hood G.I. Coffee house in Killeen),
* Victor Agosto (fellow Afghanistan war resister)
* Michael Kern, and the rest of the Fort Hood chapter of Iraq Veterans Against the War,
* the many Texans who traveled to Fort Hood to attend Travis’ trial and to protest in the weeks he was being held in the Bell County jail,
* Dahr Jamail and Eric Thompson (who provided compelling first-hand account reporting from the trial),
* Legrand Jones (post-trial co-counsel at Fort Lewis),
* the London office of Amnesty International,
* Seth Manzell (director of Coffee Strong, the GI coffee house at Fort Lewis),
* Gerry Condon, president of Greater Seattle Veterans For Peace, and all of the other local supporters of Travis in the Tacoma-Seattle area,
* the 538 people who wrote letters of support for Travis
* the many people who have written letters to Travis while he has been in the brig at Fort Lewis.”

Supporters of Sgt. Bishop are urged to continue to write him (instructions on how to do this can be found at www.couragetoresist.org) and also to donate to help cover his post-trial defense costs (you can do this at http://www.couragetoresist.org/travis/)

###

For more information or to schedule an interview about this subject, please contact James Branum (lead defense counsel for Mr. Bishop, 405-476-5620) or Cynthia Thomas (Director of the Under the Hood G.I. Coffee house, 254-768-8300). Fort Lewis Brig policies generally forbid inmates from doing interviews with the press, but you are welcome to see if an exception can be made by contacting the Fort Lewis Public affairs office at (253)967-0147 or (253)967-0152.

While in the Bell County jail, war-resister Travis Bishop met another inmate who also was mistreated by the U.S. Army, Leo Church.

Leo received 8 months jail, primarily because he put the safety and welfare of his children over his obligation to the Army. Leo tried to get help from his unit, but they refused and in the end threw the book at him.

Leo should not be in jail, so he and his family asked if I could take on his case for post-trial clemency and appeals. Leo also wants to speak out about his experiences, so that the public can know what Army families are forced to go through these days.

If you would like to know more Leo’s case and how to support him, please visit his website at FreeLeoChurch.wordpress.com

United States v. SPC Victor Agosto, US Army
Petition for Clemency and Note of Errors filed under R.C.M. 1105

1. In accordance with Rules for Courts-Martial (RCM) 1105, I respectfully submit the following matters on behalf of SPC Victor Agosto for your review and consideration.

2. The defense respectfully requests that you exercise the discretion vested in you as a Summary Court-Martial Convening Authority to grant clemency in the case of SPC Agosto. Specifically, SPC Agosto respectfully petitions you to remit his remaining period of confinement pursuant to RCM 1108.

3. I have attached an enclosure (“Listing of Errors”) documenting a serious legal issue in this case, namely that the Summary Court Martial Hearing officer cross-examined the Defendant, after he gave his unsworn statement.

Read the rest by clicking here: 1105 Clemency filing for SPC Vcitor Agosto (PDF download)

Also here is the letter of support that we submitted from Noam Chomsky as part of the 1105 filing:

Dear Victor Agosto,

I have learned, with admiration and respect, of your decision to refuse to deploy to Afghanistan. I was myself involved for many years in resistance to the Indochina wars, and have some sense of the complexity and travail of such a hard decision, and the courage it takes to make the right choice and to live with it. I very much agree with your judgment that the invasion of Afghanistan is neither just nor of benefit, to Afghans or to ourselves, and that there are much better ways to help the people of Afghanistan find some solution to their painful circumstances, following the course that the vibrant Afghan peace movement has sought to undertake. I hope you find your own internal peace, and that your honorable choice will inspire others to rethink their duties and responsibilities, and work to “to save succeeding generations from the scourge of war,” as the nations of the world pledged to do as the curtain lowered on the gruesome ruins of World War II.

Noam Chomsky

This letter was written a few minutes before Afghan war resister Travis Bishop was shackeled and taken away after his court-martial at Fort Hood.

To everyone who still cares:

I can not say that a year in prison doesn’t scare me: I am terrified. I just cried in the bathroom so no one could see.

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 had I not gone to prison.

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 big . . . and it is now up to all of you to continue on.

With all of my heart,

Travis

(Press release/Announcement)

Travis Bishop faces up to one year in prison for refusing to deploy to Afghanistan
Local activists plan to show support at his trial and at the gates of Fort Hood

Contact: James Branum, 405-476-5620 or 1-866-933-2769
Cynthia Thomas, 254-768-8300

BACKGROUND: The trial of conscientious objector and combat veteran Sergeant Travis Bishop will be starting on Thursday, August 12, 2009 at Fort Hood, Texas.

SGT Bishop is facing charges for missing movement, AWOL (absence without leave), and disobeying orders, because of his decision to not deploy with his unit to Afghanistan.

Bishop had been struggling with questions of conscience since his first deployment to Iraq, but never seriously considered refusing to deploy until he saw another soldier in his unit, Victor Agosto, refuse to deploy. SGT Bishop then did research and found out that he was in fact a concscientious objector. Unfortunately, he did not know that it was possible to file for conscientious objector status in the military until only days before his scheduled deployment.

Due to the short time remaining before his deployment, SGT Bishop left his unit and remained away for about a week, which he used to draft his conscientious objector application. SGT Bishop’s CO claims are rooted firmly in his Christian faith and his growing belief in the non-violent teachings of Jesus Christ.

Since returning, SGT Bishop has begun the process of seeking CO status, however his unit decided to simultaneously prosecute him for his “crimes” of conscience. If convicted in this special court-martial, SGT Bishop could face up to one year in military prison, a Bad Conduct Discharge, loss of pay and reduction to the lowest rank.

Trial Information for Spectators: Supporters of SGT Bishop are encouraged to attend the public trial. It will be held on Fort Hood (contact us for directions to the courtroom). The first day will start at approximately 3 p.m. on Thursday, with the second day starting at 9:00 a.m. on Friday. Spectators are reminded to not bring any cameras, recording devises and signs into the courtroom, and to conduct themselves with dignity during the proceedings. Also be sure and arrive early as you will need to get a pass to enter base (except from 10 a.m.-2 p.m.).

Trial Information for Press: Press planning to attend the trial are required to contact the Ft. Hood Public Affairs Office.

Post-Trial Demonstration Plans: If SGT Bishop is found guilty, a solidarity vigil/demonstration will be held at the East Gate of Fort Hood starting at 7 p.m. on Friday. Participants are welcome to bring signs but are asked to leave all weapons and illegal drugs at home. We are committed to providing a non-violent witness on Travis’ behalf.

HOW YOU CAN HELP:

Donate to support other soldiers like Travis by giving to the Under the Hood GI Coffee house

Donate to the Travis Bishop legal defense fund at Courage to Resist

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Statement written by Victor Agosto

to be read at tonight’s protest at the East Gate of Fort Hood

Thank you for being here this evening.

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.

- Victor Agosto

SOLDIER OF CONSCIENCE TO BE COURT-MARTIALED

SPC VICTOR AGOSTO REFUSES DEPLOYMENT

AND FACES INCARCERATION FROM ARMY

• CONTACTS: James M. Branum 405-476-5620 or 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

To read more about Victor Agosto go to

http://www.underthehoodcafe.org/victor_agosto_links.html