http://www.cbsnews.com/stories/2004/12/06/60II/printable659336.shtml

http://tinyurl.com/4dlcs

Deserters: We Won't Go To Iraq
Dec. 8, 2004

The Pentagon says more than 5,500 servicemen have deserted since the war 
started in Iraq.

60 Minutes Wednesday found several of these deserters who left the Army or 
Marine Corps rather than go to Iraq. Like a generation of deserters before 
them, they fled to Canada.

What do these men, who have violated orders and oaths, have to say for 
themselves? They told Correspondent Scott Pelley that conscience, not 
cowardice, made them American deserters. "I was a warrior. You know? I 
always have been. I've always felt that way -- that if there are people who 
can't defend themselves, it's my responsibility to do that," says Pfc. Dan 
Felushko, 24.

It was Felushko's responsibility to ship out with the Marines to Kuwait in 
Jan. 2003 to prepare for the invasion of Iraq. Instead, he slipped out of 
Camp Pendleton, Calif., and deployed himself to Canada.

"I didn't want, you know, 'Died deluded in Iraq' over my gravestone," says 
Felushko. "If I'd gone, personally, because of the things that I believed, 
it would have felt wrong. Because I saw it as wrong, if I died there or 
killed somebody there, that would have been more wrong."

He told Pelley it wasn't fighting that bothered him. In fact, he says he 
started basic training just weeks after al Qaeda attacked New York and 
Washington -- and he was prepared to get even for Sept. 11 in Afghanistan.

But Felushko says he didn't see a connection between the attack on America 
and Saddam Hussein.

"(What) it basically comes down to, is it my right to choose between what I 
think is right and what I think is wrong?" asks Felushko. "And nobody should 
make me sign away my ability to choose between right and wrong."

But Felushko had signed a contract to be with the U.S. Marine Corps. "It's a 
devil's contract if you look at it that way," he says.

How does he feel about being in Toronto while other Marines are dying in 
Fallujah, Najaf and Ramadi?

"It makes me struggle with doubt, you know, about my decision," says 
Felushko.

What does he say to the families of the American troops who have died in 
Iraq?

"I honor their dead. Maybe they think that my presence dishonors their dead. 
But they made a choice the same as I made a choice," says Felushko. "My big 
problem is that, if they made that choice for anything other than they 
believed in it, then that's wrong. Right? And the government has to be held 
responsible for those deaths, because they didn't give them an option." 
Felushko's father is Canadian, so he has dual citizenship, and he can 
legally stay in Canada. But it's not that easy for other American deserters.

Canadian law has changed since the Vietnam era. Back then, an estimated 
55,000 Americans deserted to Canada or dodged the draft. And in those days, 
Canada simply welcomed them.

But today's American deserters, such as Brandon Hughey, will need to 
convince a Canadian immigration board that they are refugees.

Hughey volunteered for the Army to get money for college. He graduated from 
high school in San Angelo, Texas, just two months after the president 
declared war in Iraq.

What did he think about the case for going to war? "I felt it was necessary 
if they did have these weapons, and they could end up in our cities and 
threaten our safety," says Hughey. "I was supportive. At first, I didn't 
think to question it."

He says at first, he was willing to die "to make America safe." And while 
Hughey was in basic training, he didn't get much news. But when he left 
basic training, he started following the latest information from Iraq.

"I found out, basically, that they found no weapons of mass destruction. 
They were beginning to come out and say it's not likely that we will find 
any -- and the claim that they made about ties to al Qaeda was coming up 
short, to say the least," says Hughey. "It made me angry, because I felt our 
lives were being thrown away as soldiers, basically."

When Hughey got orders for Iraq, he searched the Internet and found Vietnam 
era war resisters willing to show him the way north. In fact, they were 
willing to drive him there, and a Canadian television news camera went 
along.

Hughey had an invitation to stay with a Quaker couple that helped Americans 
avoid the draft during Vietnam. From Fort Hood, Texas, to St. Catherine's in 
Ontario, Canada, Hughey crossed the border, duty free.

Pelley read letters about Hughey's desertion that were sent to the editor of 
a San Antonio newspaper.

"It makes me sad to know that there's that much hate in the country," says 
Hughey. "Before I joined the Army, I would have thought the same way. Anyone 
who said no to a war, I would have thought them a traitor and a coward. So, 
in that essence, I'm thankful for this experience, because it has opened my 
eyes and it has taught me not to take things on the surface."

However, he adds: "I have to say that my image of my country always being 
the good guy, and always fighting for just causes, has been shattered."

Hughey, and other deserters, will be represented before the Canadian 
Immigration and Refugee Board by Toronto lawyer Jeffry House.

His clients will have to prove that, if they are returned to the United 
States, they wouldn't just be prosecuted for what they did -- they would be 
also be persecuted. How will House make that claim?

"People should have a right to say, 'I'm not fighting in that war. That's an 
illegal war. There's illegal stuff going on the ground. I'm not going,'" 
says House. "And anyone who says soldiers should go to jail if they don't 
fight in an illegal war is persecuting them."

And it's something House has experience with. In 1969, he graduated from the 
University of Wisconsin, got drafted, and spent the rest of his life in 
Canada.

House's legal strategy will focus on his contention that President Bush is 
not complying with international law. But how will he defend volunteers who 
signed a contract?

"The United States is supposed to comply with treaty obligations like the 
U.N. charter, but they don't," says House. "When the president isn't 
complying with the Geneva Accords or with the U.N. charter, are we saying, 
'Only the soldier who signed up when he was 17 -- that guy has to strictly 
comply with contract? The president, he doesn't have to?' I don't think so. 
I don't think that is fair." The first deserter to face the Canadian refugee 
board is likely to be Spc. Jeremy Hinzman of Rapid City, S.D. He joined the 
military in Jan. 2001, and was a paratrooper in the 82nd Airborne.

He wanted a career in the military, but over time, he decided he couldn't 
take a life. "I was walking to chow hall with my unit, and we were yelling, 
'Train to kill, kill we will,' over and over again," recalls Hinzman. "I 
kind of snuck a peek around me and saw all my colleagues getting red in the 
face and hoarse yelling -- and at that point a light went off in my head and 
I said, 'You know, I made the wrong career decision.'"

But Hinzman said he didn't want to get out of the Army: "I had signed a 
contract for four years. I was totally willing to fulfill it. Just not in 
combat arms jobs."

While at Fort Bragg, Hinzman says he filled out the forms for conscientious 
objector status, which would let him stay in the Army in a non-combat job.

While he waited for a decision, he went to Afghanistan and worked in a 
kitchen. But later, the Army told him he didn't qualify as a conscientious 
objector, and he was ordered to fight in Iraq.

Hinzman decided to take his family to Canada, where he's been living off 
savings accumulated while he was in the military.

Wasn't he supposed to follow orders? "I was told in basic training that, if 
I'm given an illegal or immoral order, it is my duty to disobey it," says 
Hinzman. "And I feel that invading and occupying Iraq is an illegal and 
immoral thing to do."

"But you can't have an Army of free-thinkers," says Pelley. "You wouldn't 
have an Army."

"No, you wouldn't. I think there are times when militaries or countries act 
in a collectively wrong way," says Hinzman. "I mean, the obvious example was 
during World War II. Sure, Saddam Hussein was a really bad guy. I mean, he 
ranks up there with the bad ones. But was he a threat to the United States?

Still, isn't it worth fighting to free the people of Iraq? "Whether a 
country lives under freedom or tyranny or whatever else, that's the 
collective responsibility of the people of that country," says Hinzman. 
Hinzman and the other American deserters have become celebrities of sorts in 
the Canadian anti-war movement.

Only a few of the reported 5,500 deserters are in Canada, but House says 
he's getting more calls from nervous soldiers all the time.

Wouldn't the right and honorable thing for deserters to do be to go back to 
the United States, and turn themselves in to the Army?

"Why would that be honorable?" asks House. "(Deserters signed a contract) to 
defend the Constitution of the United States, not take part in offensive, 
pre-emptive wars. I don't think you should be punished for doing the right 
thing. What benefit is there to being a martyr? I don't see any."

Hinzman began his hearing before the Canadian Immigration and Refugee board 
last Monday. But there's no telling when he'll find out if he'll be allowed 
to stay in Canada -- or be sent back to the United States to face the 
consequences.

The maximum penalty for deserting in wartime is death. But it's more typical 
for a soldier to draw a sentence of five years or less for deserting in 
wartime.


-- 
Jay P Hailey ~Meow!~
MSNIM - jayphailey ;
AIM -jayphailey03;
ICQ - 37959005
HTTP://jayphailey.8m.com

"I'm just gonna call y'all putzes from now on." - Cindy Hill



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