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<h3><b><a href="http://www.truthout.org/092809A">Army Prisoners Isolated,
Denied Right to Legal Counsel</a></b></h3><font size=3>Monday 28
September 2009<br><br>
by: Dahr Jamail, t r u t h o u t | Report<br>
<a href="http://www.truthout.org/092809A" eudora="autourl">
http://www.truthout.org/092809A<br><br>
<br>
</a>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:
<a href="http://www.flickr.com/photos/hirochang/2378687036/">hiro chang /
flickr</a>) <br><br>
Afghanistan war resister Travis Bishop has been held
largely "incommunicado" in the Northwest Joint Regional
Correctional Facility at Fort Lewis, Washington. <br><br>
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. <br><br>
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."<br><br>
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. <br><br>
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."<br><br>
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. <br><br>
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." <br><br>
Until September 18, Bishop's condition was unclear due
to his having been completely cut off from the public.<br><br>
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.
<br><br>
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.<br><br>
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."<br><br>
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. <br><br>
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." <br><br>
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."<br><br>
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."<br><br>
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."<br><br>
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."<br><br>
Branum told Truthout that as far as he knows, he may
well be the only person on Bishop's call list. <br><br>
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."<br><br>
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.<br><br>
"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."<br><br>
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.<br><br>
"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."<br><br>
On September 18, officials at Fort Lewis finally
allowed Branum to speak with Bishop on the telephone, but not privately.
<br><br>
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. <br><br>
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."<br><br>
"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."<br><br>
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."<br><br>
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."<br><br>
Branum and Jones are planning to file a lawsuit
against Fort Lewis in the near future, specifically targeting the denial
of attorney-client privilege. <br><br>
Both soldiers are being supported by two GI resistance
cafes: <a href="http://www.underthehoodcafe.org/">Under the Hood cafe</a>
(in Killeen, Texas, near Fort Hood) and Coffee Strong (in Tacoma,
Washington, near Fort Lewis).<br>
<hr>
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. <br><br>
<br><br>
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