Jailed Soldier Rapper Bids for U.S. Trial
http://www.huffingtonpost.com/aaron-glantz/jailed-soldier-rapper-bid_b_465479.html

Lawyers for a U.S. Army specialist imprisoned after mailing an incendiary rap song to the Pentagon have filed a habeas corpus petition in federal court demanding the soldier’s trial take place in the United States rather in Iraq, as the military desires. The petition, filed in the U.S. District Court for the Southern District of Georgia, argues that sending Spc. Marc Hall, 27, to Iraq “for his court martial would violate his right to do process of law and will significantly compromise his ability to defend himself.”

At the Pentagon, Lt. Col Eric Bloom said he knew “nothing about the filing,” but said that sending Hall to Iraq for trial does not represent an unusual course of action.

“His unit moved so he has to follow his unit,” Bloom told NAM. “His command is there, and the majority of the witnesses are there.”

Hall’s [civilian] attorneys don’t disagree that his rap is provocative. But in court filings Tuesday, his ‘military’ lawyer Captain Anthony Schiavetti wrote his case “involves significant First Amendment issues.”

“Because it arose from a song he recorded when he was off duty and out of uniform, the question of whether anything he said was to be taken seriously or reflected artistic license and the hyperbole often associated with art will be central to this case,” Captain Schiavetti wrote.

Captain Schiavetti argued that such a line of defense would be precluded if the court martial were held in Iraq because “finding experts (on the First Amendment) willing to travel around the world to a war zone would be far more difficult than finding experts to testify at Fort Stewart.”

The petition filed in the U.S. District Court also says moving Hall’s court martial to Iraq would violate the defendant’s 6th Amendment right to a public trial as well as the press’ First Amendment right to cover it.

At the Pentagon, Lt Col Bloom scoffed at defense claims.

“Wherever the U.S. military is, we have a justice system that functions,” he said. “Being in any state or country makes no difference with the Uniform Code of Military Justice.”

The Army had said it could move Hall to Iraq as early as Tuesday, February 16, but at press time he was still confined in Liberty County Jail outside Fort Stewart.

The case has been assigned to Judge William T. Moore, who was appointed to the bench in 1994 by then-President Bill Clinton.

**This article originally appeared in New America Media

Veterans for Peace (VFP) wish to thank those of you for supporting Marc Hall! Iraq Veterans Against the War (IVAW), Courage to Resist (CTR), and Veterans For Peace are all working hard to prevent Marc from being sent to Iraq and have his charges dropped.

There is one more thing you can do: contact your local media.

If you would like to contact your local media on your own, that would be fantastic, but we have also provided an easy to use form.

Links of interest, as well as a press release can be found on the VFP website at http://www.veteransforpeace.org.

This is a big deal!

Not only is the military court martialing a Soldier for freedom of expression, but they are actually deploying him away from all of his legal counsel.

Usually members who are being court martialed are returned to the states for court martial.

Marc is the first to be actually sent to Iraq (a foreign nation not U.S. territory) for it.

If this precedent isn’t stopped, this could be the Army’s model for suppressing all GI and military family dissent against multiple deployments, and Stop Loss.

Much thanks,
Veterans For Peace
314-725-6005