How the US treats it's troops that disagree with killing innocent people in
an illegal war started by a president who was illegally appointed.
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Court looks to past in considering case of Iraq war objector
http://www.firstamendmentcenter.org/news.aspx?id=17817
By The Associated Press
11.23.06
WASHINGTON A federal appeals court is re-reading cases from the Vietnam era
as it considers whether to allow an honorable discharge for an Army medic who
announced his objections to war on the eve of his deployment to Iraq.
Appeals courts heard several cases on "conscientious objectors" during the
Vietnam War draft but such appeals are much rarer in an all-volunteer military.
Agustin Aguayo, who enlisted in 2002 during the lead-up to the Iraq war, is
asking the U.S. Circuit Court of Appeals for the District of Columbia to
release him from a military prison. It is believed to be the first federal
appeal in a conscientious-objector case during the Iraq war.
Aguayo, who is being held in a U.S. prison in Germany after going absent
without leave, said he enlisted as a way to earn money for his education.
Though military operations in Afghanistan were under way and discussions about
Iraq were ongoing, he said he never considered that he'd have to fight.
Judge A. Raymond Randolph, one of three judges on the case, said during the
hearing yesterday that he'd been reading up on the Vietnam appeals and asked
how the case differs from those filed decades ago by people who realized their
opposition to war only after receiving a draft card.
Attorney Peter Goldberger said the Aguayo's beliefs evolved over time and
"crystallized" to the point that he could no longer take a life.
Government attorneys say that's not enough. To receive conscientious-objector
status, Assistant U.S. Attorney Kevin K. Robitaille said, a soldier must show a
deeply rooted objection to war in any form.
In a statement submitted to the court and released on a Web site dedicated to
his cause, Aguayo said he is being guided by his principles.
"My beliefs and morals come from a transformation as a direct result of my
combined religious/family upbringing, military experience, and new experiences
I've created and sought," he said.
The government argued and a federal judge in August agreed that Aguayo's
religious beliefs existed when he enlisted. A soldier may not hide his beliefs
to obtain military benefits, then use them as a way to get out of service, the
court said.
Attorneys also noted that Aguayo applied as a conscientious objector only
after receiving his orders to Iraq and did so at the same time as his best
friend.
Supporters say Aguayo's actions are not uncommon. They say beliefs frequently
evolve over time.
"People change their hearts and the law allows for it," said J.E. McNeil,
executive director of the Center on Conscience & War.
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"We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness...."
~ The Declaration of Independence - July 4th, 1776
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