[Ppnews] Army Prisoners Isolated, Denied Right to Legal Counsel

[Political Prisoner News]

<http://www.truthout.org/092809A>Army Prisoners 
Isolated, Denied Right to Legal Counsel

Monday 28 September 2009

by: Dahr Jamail, t r u t h o u t | Report
http://www.truthout.org/092809A


The military's treatment of Army prisoners is 
"part of a broader pattern the military has of 
just throwing people in jail and not letting them 
talk to their attorneys, not let visitors come, 
and this is outrageous. In the civilian world 
even murderers get visits from their friends," 
according to civil defense attorney James Branum. 
(Photo: 
<http://www.flickr.com/photos/hirochang/2378687036/>hiro chang / flickr)

     Afghanistan war resister Travis Bishop has 
been held largely "incommunicado" in the 
Northwest Joint Regional Correctional Facility at Fort Lewis, Washington.

     Bishop, who is being held by the military as 
a "prisoner of conscience," according to Amnesty 
International, was transported to Fort Lewis on 
September 9 to serve a 12-month sentence in the 
Regional Correctional Facility. He had refused 
orders to deploy to Afghanistan based on his 
religious beliefs, and had filed for Conscientious Objector (CO) status.

     Bishop, who served a 13-month deployment to 
Iraq and was stationed at Fort Hood, Texas, was 
court marshaled by the Army for his refusal to 
deploy to Afghanistan. Given that he had already 
filed for CO status, many local observers called 
his sentencing a "politically driven prosecution."

     By holding Bishop incommunicado, the 
military violated Bishop's legal right to 
counsel, a violation of the Sixth Amendment to 
the US Constitution, according to his civil defense attorney James Branum.

     The Sixth Amendment is the part of the Bill 
of Rights that sets forth rights related to 
criminal prosecutions in federal courts, and 
reads, "In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public 
trial, by an impartial jury of the State and 
district where in the crime shall have been 
committed, which district shall have been 
previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be 
confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses 
in his favor, and to have the Assistance of Counsel for his defense."

     Attorney LeGrande Jones, who practices in 
Olympia and was designated by Branum as the local 
counsel for Bishop, was also denied access to 
Bishop, on the grounds that Jones was on an 
unnamed and unobtainable "watch-list," which 
constitutes deprivation of counsel.

     Jones was denied entry to Fort Lewis and 
told he would never be allowed to enter the base. 
Fort Lewis authorities never gave him a reason 
for his being denied access to the base and his 
client. To this, Branum told Truthout, "Fort 
Lewis authorities have a duty to tell LeGrande 
the reasons why he is being barred from Fort 
Lewis, and therefore [barred] from communicating 
with his client in the Fort Lewis brig."

     Until September 18, Bishop's condition was 
unclear due to his having been completely cut off from the public.

     Branum, who is the legal adviser to the 
Oklahoma GI Rights Hotline and co-chair of the 
Military Law Task Force, also represents Leo 
Church, another war resister being held at Fort Lewis.

     Church, who was also stationed at Fort Hood, 
went AWOL (Absent Without Leave) to prevent his 
wife and children from becoming homeless. The 
fact that he was unable to financially support 
his family off his military pay alone dictated 
that Church seek other means to support them. 
With his pleas to the military for assistance 
going unheeded, he opted to go AWOL in order to support his dependents.

     According to Branum, "Church received eight 
months jail time 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 was denied."

     Branum told Truthout that Church had been 
able to contact him while at Fort Lewis, but the 
call was monitored by a guard, violating his attorney-client privilege.

     Gerry Condon, with Project Safe Haven (an 
advocacy group for GI resisters in Canada), and a 
veteran himself as a member of the Greater 
Seattle Veterans for Peace, told Truthout he 
believes Bishop and Church are being held in a 
way that is both "intolerable and unconstitutional."

     Condon, who is working to try to support 
both Bishop and Church, told Truthout, "They are 
denied all visitors, except for immediate family, 
clergy and legal counsel [legal counsel is 
limited at this time]. No friends or fiancés. 
This is not the normal practice at other brigs."

     Branum told Truthout he feels that how 
Bishop and Church are being treated at Fort Lewis 
is "part of a broader pattern the military has of 
just throwing people in jail and not letting them 
talk to their attorneys, not let visitors come, 
and this is outrageous. In the civilian world 
even murderers get visits from their friends."

     Speaking further of the conditions in which 
the military is holding Bishop and Church, Condon 
added, "Fort Lewis authorities have made it 
virtually impossible for Bishop and Church to 
make phone calls. They must first get money on 
their calling account. This must be done by money 
order and according to several other similarly 
prohibitive procedures. And the money may not be 
credited to the account until a month after it is 
received. Plus, officials at the Fort Lewis brig 
must approve the names of people that can be called."

     Condon told Truthout, "Travis Bishop is a 
leader in what has become an international GI 
resistance movement that is attempting to bring 
troops home from both occupations by following 
their consciences and international law. They 
deserve all the support we can give them, 
especially while they are in prison - they are 
owed their constitutional liberties."

     Branum told Truthout that as far as he 
knows, he may well be the only person on Bishop's call list.

     Both Bishop and Church have been prevented 
from adding any names to their respective 
"authorized contacts" lists (even for family 
members), which effectively cuts them off from 
almost all contact with the outside world. 
According to Branum, mail and commissary funds 
sent by friends and supporters will likely be 
"returned to sender" due to what he feels is "a cruel and inhumane policy."

     In addition, there are no work programs at 
the Fort Lewis brig, nor any classes available 
for soldiers to take while they are incarcerated. 
Generally, work programs and/or classes are 
available for incarcerated soldiers.

     "By participating in work programs and 
school classes, soldiers being held in brigs can 
get time cut off their sentences," Branum 
explained to Truthout, "But these don't exist at 
Fort Lewis, so that means Travis and Leo can't 
get time taken off their sentences. Travis will 
do a minimum of 10 months, and could have 
theoretically worked an additional month off his 
sentence if Fort Lewis had these programs."

     Branum, who is the lead attorney for both 
Bishop and Church, told Truthout the actions of 
officials at Fort Lewis violate his clients' constitutional rights.

     "Bishop and Church's defense team and 
supporters are in the process of negotiating with 
Fort Lewis officials to ensure transparency and 
that Bishop and Church's legal rights are being 
met," Branum stated in a press release on the 
matter that was published on September 17. "The 
unusual circumstances of isolation of these 
soldiers is unquestionably illegal. If Fort Lewis 
doesn't change its ways, we will be forced to go to court and demand justice."

     On September 18, officials at Fort Lewis 
finally allowed Branum to speak with Bishop on 
the telephone, but not privately.

     Bishop was accompanied by two guards, who 
monitored his conversation with Branum. In 
addition, Fort Lewis authorities claimed that the 
recently rebuilt/remodeled brig does not yet have 
proper facilities to facilitate a private telephone conversation.

     Speaking further about the conversation he 
was finally allowed to have with Bishop, Branum 
added, "In the phone call we did get to do, they 
still refused to let Travis talk to me privately. 
He actually had two guards in the room with him 
the entire time, which obviously negates any 
compliance with attorney-client privilege. And 
presumably the phone call was taped (all of the 
other brigs have special rooms for attorney 
calls, that have phone lines to the outside that 
are not taped) which is completely 
unconstitutional. The brig of course will say, 
"well we won't listen to that tape" but that is bullshit, and it is illegal."

     "The only reason they [Fort Lewis 
authorities] let me talk to Travis on Friday 
[September 18] was that he was finally "medically 
cleared," Branum told Truthout, "This took 10 
days in this case, and it looks like this is 
their standard operating procedure, which is completely wrong."

     When Truthout questioned the public affairs 
office at Fort Lewis about Bishop's situation, we 
were told all matters were being handled 
"legally, and according to standard operating 
procedure," and "any wrongdoing would be investigated."

     Branum added, "They are giving the excuse 
that "we don't have the secure room for attorney 
phone calls set up yet," but can't tell me when 
they are going to have the room set up."

     Branum and Jones are planning to file a 
lawsuit against Fort Lewis in the near future, 
specifically targeting the denial of attorney-client privilege.

     Both soldiers are being supported by two GI 
resistance cafes: 
<http://www.underthehoodcafe.org/>Under the Hood 
cafe (in Killeen, Texas, near Fort Hood) and 
Coffee Strong (in Tacoma, Washington, near Fort Lewis).

----------
Dahr Jamail, an independent journalist, is the 
author of "The Will to Resist: Soldiers Who 
Refuse to Fight in Iraq and Afghanistan," 
(Haymarket Books, 2009), and "Beyond the Green 
Zone: Dispatches From an Unembedded Journalist in 
Occupied Iraq," (Haymarket Books, 2007). Jamail 
reported from occupied Iraq for nine months as 
well as from Lebanon, Syria, Jordan and Turkey over the last five years.




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