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IMPORTANT - Please read this disclaimer.

I am a civilian solo practice attorney who focuses on helping soldiers with getting out of the Army and in providing legal defense to soldiers facing court-martials and article 15's. I am located in Oklahoma.

I take cases based from servicemembers in the South Central Region of the US (see map below) as well as limited G.I. resistance cases from around the world click here to read more

map showing places I practice in the South Central region - Fort Sill, Fort Hood, Fort Riley, For Sam Houston, Fort Bliss, Fort Carson, also Air Force, Navy, Marines, Coast Guard, National Guard cases from Oklahoma, Texas, Kansas, New Mexico and Colorado

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The G.I. Rights News Blog . . .


Free Leo Church!

Posted by admin on Aug 28 2009 | War Resister Cases

Leo Church
Leo Church

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

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1105 Clemency FIling for Victor Agosto

Posted by admin on Aug 27 2009 | War Resister Cases

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

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Statement by Travis Bishop read tonight to supporters at Under the Hood

Posted by admin on Aug 14 2009 | Uncategorized

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

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Travis Bishop faces up to one year in prison for refusing to deploy to Afghanistan

Posted by admin on Aug 12 2009 | Uncategorized

(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 by war resister Victor Agosto, to be read at tonight’s protest at the East Gate of Fort Hood

Posted by admin on Aug 05 2009 | Uncategorized

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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

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Soldier of Conscience to be court-martialed, SPC Victor Agosto refuses deployment and faces incarceration from Army

Posted by admin on Aug 03 2009 | Uncategorized

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

photo of Victor AgostoSPC 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


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In memory of Bob Sperry

Posted by admin on Jun 08 2009 | Uncategorized

On Sunday, my favorite high school teacher died, Bob Sperry. 

 I’m still pretty upset about it.  A few weeks ago, I was thinking about him and his classes and wanted to get in touch with him.  I did a Google search and checked to see if he was on Facebook but didn’t try looking anymore after that. I meant to ask my mother (who used to teach at the same school he did, and keeps in touch with all of my old teachers there) about him and if she knew where he was living and what he was up to now, but didn’t. 

Fast forward a few weeks and I got a facebook message from a high school classmate, saying that he was nearing the end of a struggle with cancer. And then about 24 hours later he was already gone. 

I feel such a loss and wish so bad I could talk to him again. His classes were nothing short of revolutionary. Remember this is Newcastle, Oklahoma. There were notable exceptions like Mr. Sperry,  but most of our teachers were just biding time.  (especially some of the teacher/coaches, who would spend science and history class time to read the newspaper or talk sports) 

And to say the least the academic emphasis of the school was often less than serious. If you were a sports star you were somebody. If you weren’t, then tough cookies. (to give you an example of this, I was actually kicked out of my English class for asking too many questions, because to quote my teacher, “we accidently enrolled you in this class, but it’s really mostly for the jocks” — I think she said something to about me being a smarta** too, but that’s another story) And let’s not even discuss the excessive school discipline and the selective enforcement of school rules against some people and not others. 

But Mr. Sperry was different. He took his job seriously. In fact, he saw high school as being about true college preparation and he endeavored to largely teach his high school classes like a college class. He lectured using a rough outline he would write on the chalk board (he expected us to copy this outline in our notebooks and to take notes), but of his outline went far, far afield from the normal text. 

I had Mr. Sperry for two years of high school. The first year was for American History (I think it was American history from the Civil war onward — his take on the Civil war was extremely compelling, I especially remember the discussion of the demographics of the antebellum American South).

The second year was honors history, one semester was the American West, the other semester was the 1960’s.  

The American West class was nothing short of amazing. He loved the West and brought his love to the subject to the class, but he didn’t sugarcoat anything. We learned about the cowboys, but not just the hollywood version, but rather what it was really like to be a cowboy on the great cattle drives. And we learned American History from the Indian perspective. He assigned us chapters to read and review from  Dee Brown’s Bury my Heart at Wounded Knee (but he got me so interested in the subject, that I read the whole book… this was especially meaningful as I had only learned a few years earlier of my own native heritage), and this flipped everything on its head. History looks very different from the standpoint of oppressed. — And of course there was the fieldtrip to the Mountain Man Roundevoux at Fort Washita. That was so cool (of course my memories of that day are probably tinged with the memories of spending time with my then girlfriend ;-) Mr. Sperry was cool in my eyes too, because when we  watched the Lonesome Dove mini-series in that class, he didn’t get on to me for holding hands with my girlfriend while watching… those were sweet times) 

The other semester was the 1960’s class.  Mr. Sperry didn’t gloss over anything but gave us a full and comprehensive view of the decade and its events. He started in the late 50’s. We learned about the Civil Rights movement. (and not just the hunky-dory everything is good now version either… for instance he told us how the forced busing ruling in Oklahoma City caused white flight and the doubling of the school enrollment of Newcastle in one year, I believe in either 1973 or 1974… and also how the KKK was active in that era in Newcastle) Then we moved forward to the Vietnam war, starting with the history of French and Japanese colonialism in Vietnam, the fact that Ho Chi Minh asked for US support in the fight against the French but we refused (so then of course, he turned to the USSR for help). We learned about the puppet governments in South Vietnam and how the US (even under “good” presidents like JFK) assasinated South Vietnamese leaders who wouldn’t do what we told them to do. And we learned about the Domino theory and how that the leadership of the US were blinded by the theory so bad that theylost sight of reality and kept sending in more and more troops. And we learned about the Tet offensive, of the hard fighting of the Vietcong and how that the war came home to American TV’s in a way that war had never done before.

We certainly learned too about the cultural changes: the Summer of Love and then the tragic Altamont Hells Angels riot and the assasination of RFK and MLK and the resulting riots. And then of course we learned about Nixon and Watergate, the boming of Cambodia, etc.

And bear in mind, this was in Newcastle, small-town America. Good ol’ boy values through and through. At this same time, it wasn’t unheard of to hear racist jokes at the barbershop or elsewhere. It was red, white and blue all the way, and authority was not to be questioned (unless it was the liberal judges in Washington who told us not to pray at football games) So to have a teacher like Mr. Sperry show us that you can’t trust the government was nothing short of revolutionary. (I still am amazed he wasn’t fired for his curriculum)

And Mr. Sperry also was willing to buck up against the powers that be in other ways too. I heard a story (before my time) that Mr. Sperry used to be the high school baseball coach, but quit being a coach because he wouldn’t play the son of someone of importance (not sure who it was). According to legend, Mr. Sperry wouldn’t play the kid because he hadn’t earned the spot, and Sperry wouldn’t back down. He would rather quit coaching than to play favorites.

Another example I do know personally. In the honors history class, Mr. Sperry got frustrated with our essays. He said they were poorly written and weren’t intelligible. He said he didn’t know how it was that a class of honors history couldn’t write, but he set out in a few days to remedy that problem. At the time I was frustrated with this, but he stood by his guns.  He insisted that we learn to write, and write well. (btw, he is not to blame for my fast and loose application of grammar and writing style on this blog ;-) He said we had to know how to write, not just for his class but for college too, and that if our English teachers hadn’t taught us how to write, then he would.

And Mr. Sperry was frank with us too. He told us that he bombed out of his first year of college (said he didn’t take it seriously) so he got drafted. He told us that Vietnam scared him straight and said he hoped we wouldn’t make the same kind of mistake.

Anyway there is a lot more I want to say. Mr. Sperry certainly didn’t insist that we hold to his views on things (in fact he was so fair-minded, that I still really don’t know where he stood politically). I left his classes the same as I started them, as a pro-war conservative Republican.

But I also left knowing the government had lied to the American people and likely will again, that wars fought on lies are a horrible thing, and that patriotic Americans have the right and duty to question their government.

Those ideas were potent seeds in my heart and mind. I left Newcastle and went to college for 3 years at SWOSU and then 3 more years to complete my bachelor’s degree at the Institute for Christian Studies. During those years, I asked lots of questions and took lots of outrageous stands for my beliefs, and got knocked around quite a bit. But Mr. Sperry’s seeds remained. I later was given other seeds — (most importantly, re-reading the Gospel accounts of Jesus with fresh eyes and realizing Jesus was assuredly both anti-war and anti-capitalist). I read others who illuminated my thinking and picked up where Mr. Sperry left off (especially Howard Zinn, Davis Joyce, Wendell Berry, and many others). And the journey is still continuing. I make tons of mistakes but I won’t give up. I want to know the history but I also want to apply that knowledge to make the world better. The decision to fight for justice took me to law school and is still with me in my career of using the law to fight for the rights of GI’s who want out of the military.

I still wish I could sit down with Mr. Sperry and ask him about the GI resistance movement in Vietnam (an issue dear to my heart). I wish so bad I still had a copy of my class notes from his classes. I wish I could ask him his thoughts on the current Mideast wars and what history would teach us of relevance to our day. 

But what a credit is to him, that I long to ask him these questions? Very few teachers do I yearn to talk to again, to pick their brains and to engage with them about the important issues of the day.

So much more to say, but for now I’ll just have to say that I will forever be grateful to Mr. Sperry. I hope future generations get the chance to be given the kind of real education us lucky few had in Newcastle, Oklahoma.

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How to donate to the legal bills for mentally ill indigent clients

Posted by admin on Jun 01 2009 | Uncategorized

I have many clients who are broke or nearly so. I of course reduce my prices for those folks. I also am often able to find donors who will assist conscientious objectors and war resisters.

However, one group that is often difficult to find funding for are indigent clients who are suffering from mental illness. I want to help at least some of these servicemembers out but also have to make a living, so I’ve decided to set up this donation program through paypal.

If you would like to donate to help offset the cost of defending these clients, please sign up below to be a monthly donor. I’m asking for $10 per month in donations. This doesn’t sound like much, but if 10 people did this for a year I would be able to provide 20 hours of legal services for clients who otherwise couldn’t afford to get help.


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Media Advisory: Cliff Cornell to face Court-Martial Plea & Sentencing Hearing at Fort Stewart, Tuesday, April 28, 2009

Posted by admin on Apr 27 2009 | War Resister Cases

WHO: PFC Cliff Cornell, a native of Mountain Home, Arkansas, who was recently deported from Canada after having fled there to avoid the illegal war in Iraq

WHAT: The U.S. Army has prosecuted PFC Cornell under a General Court-Martial. A hearing will be held to accept PCF Cornell’s guilty plea and to argue over what the sentence should be.

WHEN: April 28, 2009, 2:15 p.m.

WHERE: Fort Stewart Courthouse, near Hinesville, GA

FOR MORE INFORMATION: Civilian attorney James M. Branum will be available for interviews following the trial by telephone at 405-476-5620 or 1-866-933-ARMY. (we anticipate this will be in the evening)

News about the ongoing campaign to free PFC Cornell from being unjustly imprisoned for his beliefs can be found soon at www.couragetoresist.org.

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Response to bad advice being dished out on a “free advice” forum — The truth about college financial aid after being convicted of desertion

Posted by admin on Apr 03 2009 | Uncategorized

I occasionally monitor some of the different free advice forums. Sometimes you read useful stuff, such as first-hand accounts of GI’s who have to deal with the military. Other times, you read scared AWOL soldiers pleading for help. And often you read responses by pseudo-patriotic jerks who give out bad information so as to unnecessarily scare AWOL soldiers. Of course, being AWOL is against the law and folks need to know that there are serious consequences to being AWOL. But it is also not the end of the world and there is hope even after one goes AWOL.

Anyway, one discussion I got involved with got pretty heated, and unfortunately the forum moderators shut down the conversation before I was able to post a rebuttal to some of the mistruths being stated. I have decided to post my response here instead…

The original message forum post can be found at: http://forum.freeadvice.com/military-law-92/awol-back-ft-knox-pcf-418968.html

Here’s my final response…

MYTH: ERAUPIKE says that “99% of these cowards will not receive PELL Grants.”

FACT: Reality is that if you are low-income, you will get PELL Grants whether you are a deserter or not.

From: http://en.wikipedia.org/wiki/Pell_grant

For 2006-07, the maximum Pell Grant available to students was $4,050. For the award year of 2007-2008 the maximum Pell Grant award was $4,310. The maximum award for the 2008-09 award year (July 1, 2008 to June 30, 2009) is $4,731. The maximum can change each award year and depends on program funding. The maximum grant is to increase to $5,400 by 2012.

. . . To qualify for a Pell Grant, a student must demonstrate significant financial need. The amount of the award is based on the Expected Family Contribution, derived from the information on the FAFSA. In the 2005-06 school year, students with family incomes of less than $20,000 accounted for 57% of Pell Grant recipients. 35% of these recipients attended public two-year colleges, and 42% attended public four-year colleges.

MYTH: Eraupike says “The funds for work study are taken from the schools operating budget. ”

FACT: Work-study is a federally funded program. (see http://en.wikipedia.org/wiki/Federal_Work-Study_Program )

MYTH: Eraupike says I am lying about interest rates. I didn’t say what current rates are (you can see for yourself what they are today at http://en.wikipedia.org/wiki/Stafford_loan ), but what I’m paying. I had higher interest rates but when the rates dropped I consolidated them to lock them in at a lower rate. You may or may not be able to do the same thing, depending on what happens to interest rates.

MYTH: Eraupike says “The benefits of this new GI Bill far outweigh any discomfort these cowards are currently facing in the United States Armed Forces.”

FACT: This is an individual issue. For some people it may be, for others it isn’t.

MYTH: Eraupike posts his ridiculous job interview scenario to show that deserters have no chance of getting good jobs in the future.

FACT: I know former deserters who are today serving as doctors, lawyers, ministers, missionaries, teachers, professors, you name it. Of more recent deserters, many of them are either in school (using that federal financial aid we’ve been discussing) or working in fields they like. Some aren’t. Life has no guarantees. But in and of itself, desertion is not what has messed up their lives.

MYTH: Eraupike says “you cannot deny that the benefits offered through the GI Bill and especially Chapter 33 are far greater than any FASFA related aid a student may receive.”

FACT: It’s a trade-off. If you quit the military you give up a lot, but you gain a lot too, namely your freedom, your sanity, and a clean conscience. But I also what you give up isn’t as much as people think. — Also Eraupike, what has you made you an expert policies of Toyota, Nissan, Ford, Dell, Samsung, Microsoft, Enterprise, Alamo and Hertz.

MYTH: The military will make your life better.

FACT: The average veteran earns 12-15% LESS than the average non-veteran. ( http://quakerhouse.org/truth-in-recruiting-01.htm )

FACT: 23% of all homeless people in America are veterans. (http://www.nchv.org/background.cfm)

FACT: Sexual assault and harrassment is rampant in the military ( http://www.cbsnews.com/stories/2009/03/17/eveningnews/main4872713.shtml )

FACT: Serving in the military puts you at high risk of having to fight overseas, and subsequently suffer from PTSD and physical health injuries. ( see http://www.quakerhouse.org/documents/enlist.html )

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