WITNESSING AND 74 LAW PROFESSORS AS WITNESSES IN DEFENSE

Our young Soldiers see the truth while bombarded by a sick mutated form of American patriotism from the powers to be, but we all have eyes and know something terrible has gone down! The US illegal invasion and occupation of Iraq has resulted in a humanitarian catastrophe unequalled since World War II. In addition to having caused the violent deaths of more than one million Iraqis, 2.3 million Iraqis have been displaced within their own country while over two million more are scattered mainly in neighboring states. The Iraqi Red Crescent Society reports that in October 2007 more than 350,000 Iraqis were uprooted from their homes, and it is estimated that 60,000 Iraqis flee the country to neighboring states on a monthly basis! America loves its own Middle Class so think about the use to be Iraqi educated middle class, whose role was needed for running the state economy and to bring back the Iraqi culture; that MIDDLE CLASS has been decimated. A MIDDLE CLASS in place hanging on with dear life while suffering the in place UN sanctions prior to the U.S. Aggressive Invasion of Iraq! Following that invasion; came the systematic assassinations, imprisonments, military raids and sieges, threats and discrimination, so most of what remains of the IRAQI MIDDLE CLASS has left the country. The absence of this MIDDLE CLASS has resulted in the breakdown of all public services within Iraq. Statistics credited to Iraqi International Initiative, see http://3iii.org/   

BUSH without the 108th Congress took America into an expensive war & occupation while destroying America's Constitution.   America is educated, our Soldiers are educated and have eyes and can see! Our young Soldiers have been to Iraq and have seen, have felt and have touched with their constitutional hearts the real truth within this website; truth spelled out with undisputable constitutional law! Thousands have refused to be a part of this and therefore thousands of Resisting Soldiers of Conscience have been punished one way or another without receiving their Bill of Rights within a Federal Court; so now we have an enormous FRCvP Rule 23 Class Action issue having an unbeatable reasonable doubt defense arising under our Constitution.

28 U.S.C. § 1331 Title 28, Section 1331, a legislated (U)nited (S)tates (C)ode states, "The district (federal) courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." Repeated words from Article III of our Constitution. U.S. Const. art. III, §2, cl. 1, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority”. Article III does not extend this judicial power to the Executive Branch!!!

So we come to a congressional legislated United States Code defining what a Soldier's reasonable doubt defense is. There are actually many United States Codes specifically defining a Soldier's Rights referred to as (U)niform (C)ode of (M)ilitary (J)ustice (UCMJ).

UCMJ art. 51(c)(2), "if there is a Reasonable Doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted."

UCMJ art. 51(c)(4), “the burden of proof to establish the guilt of the accused beyond a Reasonable Doubt is upon the United States.”

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and to have compulsory process for obtaining witnesses and to have the Assistance of Counsel for his defence.” U.S. Const. amend. VI.

RESISTING SOLDIERS HAVE 74 LAW PROFESSORS AS WITNESSES IN DEFENSE

 A soldier's right to “present anything he may desire in his own behalf either in defense or mitigation”, is per UCMJ art. 32(b) that allows reasonable doubts to be presented by UCMJ art. 51(c)(2) and UCMJ art. 51(c)(4). Those reasonable doubts simply is, that this Iraq War with no end in sight has been admitted unconstitutional by our government for five years according to its own laws and until a United States Supreme Court Case on the merits is heard providing to the people of America an ANSWER to this simple truth, all Resisting Soldiers of Conscience have had a right not to participate in the U.S. Government's admitted unconstitutional war. That subject-matter jurisdictional reasonable doubt defense arises under our Constitution by 28 U.S.C. § 1331 and U.S. Const. art. III, §2, cl. 1  and so any punishments should have initially gone through a Federal Court, but that is not the case as there are thousands of Resisting Soldiers of Conscience that have been punished within the Military jurisdictional system, so it is now a huge FRCvP Rule 23 class action issue.

In March of 2003 the upcoming War was alleged unconstitutional by military soldiers, their parents, six Congressmen and 74 concerned law professors. The Article I Federal Appellate Judge in Doe v. Bush, contrary to law, took jurisdiction and in a grand unconstitutional finale on March 18, 2003 ruled on a USSC ripened case of such imperative public importance drastically affecting Ambassadors, other public Ministers and Consuls violating 28 U.S.C. § 1291 and USSC ORIGINAL JURISDICTION. This is the failure of the Third Branch of Government as they got bullied in the RUSH to go to WAR! Thus on March 17, 2003 the 108th Congress had 48 hours to live up to their constitutional oaths regardless what conflict that adjudication would have arisen! Unfortunately the Legislative Branch also failed to respond to the Executive Branch's unconstitutional 48-hour declaration of war to Iraq. This bullying is unchecked, has filtered down into the lower ranks of government and has bullied thousands of Resisting Soldiers of Conscience who have had to sustain all sorts of punishments. The 2002 107th Congress did not and could not delegate to the president the exclusive right of Congress to Declare War and the 108th Congress abdication of responsibility to protect that right was not an approval of the president's March 17, 2003 declaration of war. When blended political war powers fails to uphold the Constitution and the third branch does nothing, then the danger becomes unchecked!

The Next Section provides impressive legal authorities for backing this discussion!