August 17, 2004


Cojones Maximus

I'll give this guy credit for having balls you need to cart around in a wheelbarrow, but I'm not so sure I'd want to be him when/if he loses this...

A member of the California Army National Guard filed suit in federal court here Tuesday challenging the Bush administration's so-called stop-loss policy, asserting that his pending deployment to Iraq "bears no relation to the threat of terrorism against the United States."

Under stop-loss, military personnel are prevented from leaving the armed forces upon completing their enlistment terms. The plaintiff in this case, identified as John Doe to protect his privacy, is believed to be the first soldier to challenge the legality of the policy's application to deployment in Iraq.

The soldier is described in the suit as a sergeant from the San Francisco Bay Area who completed more than nine years of active service in the Army and the Marine Corps, including combat duty last year in Iraq. He then joined the California Army National Guard last December, the suit says, under a program that allows veterans to enlist for one year. On July 6, however, he was informed that his enlistment had been extended by two years and that his unit was mobilizing for duty in Iraq, the suit says.

I sure can see his point, and this action once again highlights the gross stupidity of the whole war and it's Major Players, especially Auntie Donnie and Preznit Stopped and Lost. But I have to wonder if a civilian court is even going to want jurisdiction in this matter...

A worthy effort, one to watch. Best of luck to the Sergeant...

posted by Jo Fish on 08.17.04 at 10:33 PM





Comments:

As a matter of legal argument, can stop-loss be justified when there is no war on? Remember, the war in iraq ended well over a year ago, and the governance of Iraq is now in Iraqi hands. The war in Afghanistan is likewise over. So, again, I don't see how stop-loss can be justified, since it is a sort of emergency measure and there is no emergency.

posted by: WallyCoxLives on 08.18.04 at 11:28 AM [permalink]



A commentator on NPR has been talking about her husband who was recalled and sent to Kuwait. It started as a sort of homefront view of the war.

Now her husband has finished his 8 years in the Reserves and returned from Kuwait. He submitted his resignation and after 5 months there has been no response.

"Legally" the government may get away with it, but the more people understand that they go to jail if they don't keep their half of the contract, but the government can re-write it part on the whim of Rumsfeld.

posted by: Bryan on 08.18.04 at 04:30 PM [permalink]



File a civil suit. Staying past stop loss, sue for lost wages.

That will solve things...

Is it possible to do such? Any JAGS care to opine?

posted by: Mr.Murder on 08.24.04 at 10:56 PM [permalink]






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