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#1 2008-07-15 7:33 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

So long, soldier ...

Court orders deportation of US war deserter

“I do not think there is any doubt someone being up in Canada, and a vocal opponent to the war, will be treated harshly by the American military … there is no question he will be court-martialed and will receive severe punishment.”

Mr. Long's deportation would be a “terrible precedent for Canada, especially given our history of providing sanctuary for war resisters, over 100,000 draft dodgers and deserters during the Vietnam era,” he said earlier to reporters.

“This will be the first time Canada played gendarme to the American military,” Mr. Ages said, appealing to Prime Minister Stephen Harper or Immigration Minister Diane Finley to intervene. Members of the support group were to meet at the Peace Arch border crossing this morning to protest the deportation.

The war resisters support group is aware of about 50 deserters in Canada, Mr. Ages said, although the group has been told that “hundreds” are living underground in Canada.

I think this is going to have to get to the Supreme Court ... there have been too many rulings all over the damn map. One ruling to rule them all.

Although, in this particular case:

Caroline Christiaens, a lawyer with the federal Department of Justice, told the court that Mr. Long voluntarily joined the army, was not deployed to Iraq and did not apply to be recognized as a conscientious objector while in the United States.

No evidence was submitted on what Mr. Long would be required to do in Iraq, whether he could have requested an alternative assignment or even what would happen if he was sent back to the United States, she said.

If Mr. Long was returned to the United States and prosecuted as a deserter, he would have access to due process in a military court, she added.

So this dude's case seems pretty weak.

Last edited by ShnickyShnack (2008-07-15 7:34 am)


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#2 2008-07-15 8:01 am

davic3
Mac Warrior
From: the place I just left
Registered: 2003-12-01
Posts: 1144

Re: So long, soldier ...

As much as I am against this war personally I can't have any sympathy here.
He wasn't forced to join, it was completely of his own free will. Everyone knows when you join the military it's not like a regular job where if you don't like you can just quit. Basically he signed a contract and doesn't want to hold up his end. He should have done his "soul searching" before signing the enlistment papers


"A bartender is just a pharmacist with a limited inventory."

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#3 2008-07-15 8:51 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#4 2008-07-15 9:46 am

LLEVIATHANN
Itch you can't scratch
From: Between the shoulder blades
Registered: 2001-03-14
Posts: 7012

Re: So long, soldier ...

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

Yes but your chances of dying on the job are slim to nil. Not so much the case when you join the military. Also you're showing up for the job and thus far holding up your end of the deal. This guy isn't showing up for the job. There are easier ways to get out like fail PT or the piss test. A friend of mine is an E8 (Master Sgt.). The Army really doesn't want people who don't want to be there. Those folks can/will endanger lives. There are legal pathways to get out.


One thousand years are burned everytime 10 million play WoW for an hour.

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#5 2008-07-15 9:54 am

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30611

Re: So long, soldier ...

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

The contract specifies the consequences for breaking it. This isn't rocket science, here.


QUESTION: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
QUESTION: The attacks upon the World Trade Center.
BUSH: Nothing

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#6 2008-07-15 9:56 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

LLEVIATHANN wrote:

The Army really doesn't want people who don't want to be there.

That's a joke, right?

There are legal pathways to get out.

And if those legal pathways fail?


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#7 2008-07-15 9:56 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

Tallgeese wrote:

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

The contract specifies the consequences for breaking it. This isn't rocket science, here.

So it's not like a draft because you volunteer, but it is like a draft because once you're in -- you're in.


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#8 2008-07-15 10:06 am

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30611

Re: So long, soldier ...

Perhaps you don't understand the ideas of "draft" and "contract."


QUESTION: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
QUESTION: The attacks upon the World Trade Center.
BUSH: Nothing

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#9 2008-07-15 10:14 am

Robert B.
Reality Deficient
From: The pit of despair
Registered: 1999-03-09
Posts: 10145

Re: So long, soldier ...

Tallgeese wrote:

Perhaps you don't understand the ideas of "draft" and "contract."

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

Obviously, he doesn't.


"Evil will always triumph because Good is dumb."

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#10 2008-07-15 10:21 am

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4887

Re: So long, soldier ...

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

Do you understand the concept that not all contracts are the same, and different contracts stipulate different penalties for breach of contract? Just because you worked for the Canadian government via the CBC doesn't mean your contract is any bit similar to an American soldier's contract with the DoD and Federal Government.

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#11 2008-07-15 10:22 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

Tallgeese wrote:

Perhaps you don't understand the ideas of "draft" and "contract."

Perhaps you don't understand the idea of things being "like" other things.


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#12 2008-07-15 10:25 am

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30611

Re: So long, soldier ...

ShnickyShnack wrote:

Tallgeese wrote:

Perhaps you don't understand the ideas of "draft" and "contract."

Perhaps you don't understand the idea of things being "like" other things.

That would be an insightful comment except for the part where your statement about a contract being like a draft because 'once you're in you're in' doesn't actually make sense.


QUESTION: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
QUESTION: The attacks upon the World Trade Center.
BUSH: Nothing

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#13 2008-07-15 10:25 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

Chickenhawk wrote:

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

Do you understand the concept that not all contracts are the same, and different contracts stipulate different penalties for breach of contract? Just because you worked for the Canadian government via the CBC doesn't mean your contract is any bit similar to an American soldier's contract with the DoD and Federal Government.

Are there any other "contracts" that offer criminal prosecution in the event of said contract being broken?

Because lots of people have contracts, including with the Federal Government. Do they face jail time for breaking those contracts? Or, at worst, civil proceedings?

What makes the military different?


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#14 2008-07-15 10:26 am

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30611

Re: So long, soldier ...

ShnickyShnack wrote:

Chickenhawk wrote:

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

Do you understand the concept that not all contracts are the same, and different contracts stipulate different penalties for breach of contract? Just because you worked for the Canadian government via the CBC doesn't mean your contract is any bit similar to an American soldier's contract with the DoD and Federal Government.

Are there any other "contracts" that offer criminal prosecution in the event of said contract being broken?

Because lots of people have contracts, including with the Federal Government. Do they face jail time for breaking those contracts? Or, at worst, civil proceedings?

What makes the military different?

If you're seriously asking that question, you need to drop out of the thread for a few days while you do some research.


QUESTION: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
QUESTION: The attacks upon the World Trade Center.
BUSH: Nothing

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#15 2008-07-15 10:27 am

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4887

Re: So long, soldier ...

They cannot afford to have scores of soldiers deserting them at the onset of war.

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#16 2008-07-15 12:34 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2158

Re: So long, soldier ...

Which is why desertion is still punishable by death.


It is one thing to run away from a draft, but a different thing entirely when one volunteers.

"Once your in your in" is partly true. The initial enlistment contract is for 8 years. People sign, see "2 years active" or "4 years active" and totally ignore the next paragraph which says although you may not be on active duty, for 8 years from your initial enlistment you are subject to recall.
The paragraph after that says "during wartime, you are subject to extension past your contractual obligations".
There is even a box you can check if you are a consciencetious objector so they can put you in some lame job like cook or seamstress.
There is no mystery in the contract. It is spelled out very clear, with little blocks by each paragraph where one must initial to say "yes I read the paragraph". The biggest complaint I hear form involuntary extensions? "well I didn't read it!" So, you are a dumbass and you are still going. Next?


The problem I have with discussing freedom is that people have been conditioned to expect "of me to tell you what to do" to follow it... inevitably they notice I don't ever get to that part, and they feel like I am trying to trick them.
Sometimes before replying to a topic, I think to myself: I am just so original!

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#17 2008-07-15 12:36 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2158

Re: So long, soldier ...

Oh, nowhere in the contract does one become obligated to follow an illegal or unconstitutional order. If this guy saw or did something, he needs to come home and face the music or point fingers.


The problem I have with discussing freedom is that people have been conditioned to expect "of me to tell you what to do" to follow it... inevitably they notice I don't ever get to that part, and they feel like I am trying to trick them.
Sometimes before replying to a topic, I think to myself: I am just so original!

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#18 2008-07-15 1:33 pm

davic3
Mac Warrior
From: the place I just left
Registered: 2003-12-01
Posts: 1144

Re: So long, soldier ...

ShnickyShnack wrote:

I signed a contract when I took my present job, but I'm quitting anyway. I don't face jail time for doing so.

Employment contracts are broken all the time.

This "he signed a contract" argument strikes me as dumb.

It really depends on the terms of your contract and if your employer wanted to enforce them.
I'm willing to bet your contract does not stipulate any prison time for quitting. His, however does.
Even if your contract did have such a clause if your employer felt if was in everyones best interest to simply let you go that would be their right, same with him. If he reasoned with the army maybe he could have worked something out. Dishonorable discharges are given all the time. He would forfeit his benefits but he is doing that anyway. He chose a different way and now is facing the consequences


"A bartender is just a pharmacist with a limited inventory."

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#19 2008-07-15 1:38 pm

Freakout Jackson
Deeply satisfied elitist
From: 10.0.0.5
Registered: 2001-08-21
Posts: 6172

Re: So long, soldier ...

Jdude wrote:

There is even a box you can check if you are a consciencetious objector so they can put you in some lame job like cook or seamstress.

I hope the guys that feed you and shovel your smurf go awol


"Perhaps if there were more Americans who had the courage to stand up to idiocy maybe we wouldn't have such an awful country." ~ VegasACF

I couldn't deal with a clone of myself. I would probably kill him inside a week, and tell the police it was justifiable homisuicide, and tell them to sit around and hang out with me for a week to show them why. ~ Dan

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#20 2008-07-15 1:41 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

Jdude wrote:

Oh, nowhere in the contract does one become obligated to follow an illegal or unconstitutional order. If this guy saw or did something, he needs to come home and face the music or point fingers.

Oh God, not this again.

Some of these deserters talk about human rights abuses being commonplace, with everyone in the chain of command winking at it.

What do you do then?


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#21 2008-07-15 1:56 pm

Freakout Jackson
Deeply satisfied elitist
From: 10.0.0.5
Registered: 2001-08-21
Posts: 6172

Re: So long, soldier ...

ShnickyShnack wrote:

Jdude wrote:

Oh, nowhere in the contract does one become obligated to follow an illegal or unconstitutional order. If this guy saw or did something, he needs to come home and face the music or point fingers.

Oh God, not this again.

Some of these deserters talk about human rights abuses being commonplace, with everyone in the chain of command winking at it.

What do you do then?

Put an ace bandage on that bleeding heart of yours
roll


"Perhaps if there were more Americans who had the courage to stand up to idiocy maybe we wouldn't have such an awful country." ~ VegasACF

I couldn't deal with a clone of myself. I would probably kill him inside a week, and tell the police it was justifiable homisuicide, and tell them to sit around and hang out with me for a week to show them why. ~ Dan

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#22 2008-07-15 2:06 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40262

Re: So long, soldier ...

I guess what really strikes me about this issue is the absence of sympathy for these guys. The legal issues are window-dressing, I think -- there's something emotional happening here. I just don't see what it is.


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#23 2008-07-15 2:26 pm

Farmerkev
Official Dementor
Moderator
Registered: 2003-01-03
Posts: 16640

Re: So long, soldier ...

ShnickyShnack wrote:

I guess what really strikes me about this issue is the absence of sympathy for these guys. The legal issues are window-dressing, I think -- there's something emotional happening here. I just don't see what it is.

The military isn't just a job so you can't compare that to McJournalism or McFactory.
You willingly make an obligation that goes beyond 9-5 and includes willingly giving up freedom and risking your life when called upon.


Minithink isn't a "to the death" cage match.

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#24 2008-07-15 2:47 pm

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30611

Re: So long, soldier ...

Who knew that things like "honor", "duty", and "loyalty" would stir emotion?


QUESTION: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
QUESTION: The attacks upon the World Trade Center.
BUSH: Nothing

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#25 2008-07-15 2:58 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: So long, soldier ...

Chickenhawk wrote:

They cannot afford to have scores of soldiers deserting them at the onset of war.

Why should the needs of the military be considered?

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