WHO IS TRAVIS BISHOP: Travis Bishop was a soldier at Fort Hood, Texas. On a deployment to Iraq, he began to question the morality of the war in the context of his Christian faith. Upon return, he settled back into normal Army life but this was disrupted by news of a second deployment, this time to Afghanistan. Like many soldiers, he did not know he had any options besides deploying, so he experienced serious anxiety and doubts about what he should do.

A few days before his scheduled deployment, Travis heard about his right to file for conscientious objector status as an active duty soldier. This news was too late though, so on the day of his deployment Travis left Fort Hood without authorization. He stayed away for about one week so he could seek legal counsel and prepare his conscientious objector claim. It was at this point that Travis contacted OCC’s supervising attorney, James M. Branum.

Upon return to Ft. Hood, Travis was prosecuted for multiple crimes (missing movement, AWOL and disobeying an order). Travis could have gotten an easier sentence in exchange for a guilty plea, but he instead decided to plead not guilty and demand his day in court. He did this because he wanted to press a creative legal argument at trial and on appeals, namely that the Army’s failure to inform him of his right to file for C.O. status, effectively deprived him of his right to seek C.O. status; also that a soldier who was effectively deprived of their right to file for C.O. status should have a defense to missing movement if their conscience compels them to go AWOL.

Travis was convicted at trial and received a sentence of 12 months in prison and a bad conduct discharge. While in custody at the brig at Fort Lewis, WA, and was subsequently declared a prisoner of conscience by Amnesty International. This resulted in more than 500 people from around the world writing to Travis’ commanding general asking for clemency, and in the end a successful RCM 1105 clemency action, which knocked three months off of Travis’ sentence.

Now that the clemency process is complete, Bishop and Branum are free to pursue appeals of the conviction itself.

WHY APPEAL? While Travis will soon be out of jail (likely in late March), the appeals are not moot. According to James, Travis hopes to achieve two things by appealing his conviction:

1. We hope that the appellate courts will recognize an extension of the Miranda decision, effectively making the argument that if a soldier is not told they can file for C.O. status, that the soldier has been denied that right. We also hope the courts will rule that a soldier can raise this issue as a defense to missing movement and other absence related offenses at court-martial.

Or to say it another way, we hope someday that all soldiers will be periodically read their “Bishop” rights.

2. We hope to see Travis’ conviction be overturnd and to see his Bad Conduct discharge be changed to Honorable.

WHAT ARE THE NEXT STEPS?

1. Travis will soon be filing an initial appeal with the US Army Court of Criminal Appeals (USACCA)

2. If he loses at the USACCA, he is able to appeal to the US Court of Appeals for the Armed Forces (USCAAF). It is possible to further appeal a negative ruling by the USCAAF, but in most cases this requires “collateral review” under Habeas in a Federal district court.

3. While pursuing challenges through the courts, Travis also hopes to engage in public discourse on this issue. If the courts will not recognize our arguments, we hope to work through the Department of Defense to seek a change to the current C.O. regs and/or Congress to change federal statutes.

HOW YOU CAN HELP?

This is where OCC and, hopefully, you, come in. OCC has agreed to manage a special fund to help defray the legal costs for the appeal. We hope to be able to provide the means for Travis’s attorney to attend to the case with the care and attention it deserves. For him, this is a labor of love, but he also needs to be compensated for his time and work. Here’s what we are asking for your help with:

1. Tell your friends about Travis Bishop and encourage them to visit his website at: http://freetravisbishop.wordpress.com/

2. Once Travis is out (sometime in late March) he is willing to speak at public events. If you would like to bring him to your town, contact him through the website above. Travis also is an aspiring singer-songwriter, so book a concert!

3. You can donate for Travis’ appellate defense costs. We ask that donations be sent to:

Oklahoma Center for Conscience
504 NE 16th St
Oklahoma City, OK 73104

Checks should be made out to “Oklahoma Center for Conscience/Joy Mennonite Church.” (please include a note stating that your donation is for Travis Bishop appeals) All donations are tax-deductible.

Please note that in the unlikely event that donations are raised in excess of the final appellate defense costs, the excess will be earmarked for conscientious objector education and outreach by the Oklahoma Center for Conscience.

Also please note that this fund-raising drive is for Travis’ appellate case only. Courage to Resist (couragetoresist.org) took care of raising funds for Travis’ legal defenses costs at trial, his C.O. hearing and rebuttal and the 1105 clemency process.

Thanks in advance for your assistance and support.

Photo by Eric Thompson, used with permission.

It has a good overview of our Oklahoma GI Rights Hotline project.

Oklahoma Center for Conscience was started with two concerns: First, to assist soldiers who no longer wish to serve in the military, with special attention to those who want out for conscience sake. Second, to counsel youth before they enlist about the realities of war, and options for those who have enlisted but later regretted it. There is great need for this counsel because at their most vulnerable age our youth are enticed with promises that do not have to be kept, and deceived with no sense of accountability to provide them the whole truth. Our country spends millions to snare our youth in this manner, making our military not a true volunteer force.
OCC was formed by groups and individuals from the peace community in Oklahoma City. Joy Mennonite Church serves as the host church, with support from members of Catholic Peace Fellowship, Veterans for Peace, and Quakers of OKC. Later, Eastern Oklahoma Pax Christi in Tulsa added their endorsement.

These are all small groups, only able to provide very modest monetary support. We raise funds from those in our community who support our mission, and that brings me to the purpose of this message: seeking your help.

What any donor wants to know is: How will the money be used? Let me explain where bulk of our budget goes.

We have lay counselors trained in military law answering calls to our Oklahoma G I Rights Hotline. Someone trained in psychology does evaluations that help in court cases. All these serve as volunteers.

Our greatest expense is providing legal services, and this is our most urgent need for assistance. James M. Branum, our attorney on staff, is helping as many as 40 clients at any one time. His work also requires lots of travel, as court cases are at the client’s home base. James charges a modest fee for those who can pay. Sometimes parents pay for legal counsel. There have also been other organizations that have paid for legal counsel. This still leaves a good number who cannot pay. To cover these cases, OCC pays James $400 a month.

If you observe James at work, besides being skilled in military law James is able to speak about the moral issue of war without imposing his beliefs on another.

Most of those who ask for our assistance have not formed a conscience about violence and war. They are more often troubled people who cannot adjust to military discipline. Our policy is to address the concern they bring to us. Often we can do no more then explain what to expect from certain decisions. We have, however, had some very rewarding experiences that have cheered us on the way.

* Camilo Mejia, after serving a tour of duty in Iraq, was troubled with his experience and took a stand as a conscientious objector. For this he was incarcerated in the military prison in Ft. Sill, Oklahoma. After his release we provided lodging for him and his family the first night. Later Camillo returned to Oklahoma to participate in forming an Oklahoma chapter of Catholic Peace Fellowship

* Jake Malloy, a sincere young Christian man, wanting to do the right thing as he was taught and understood, enlisted in the military to defend our freedom and way of life. Jake was sent for training to Ft. Sill, OK. During training Jake realized he was being trained to kill.; as a follower of Jesus he realized he could not do this. When he refused to train he was severely threatened, but Jake remained firm. His application for conscientious objector status was refused. Our attorney helped him with an appeal, and Jake was granted a less than honorable discharge. Later Jake returned to Oklahoma with his wife and child, his parents and grandparents, and at Joy Mennonite we had a service of celebration.

* Daniel Sandate served a tour in Iraq but after a short leave in the states, did not return to duty but fled to Canada to escape the war. Daniel was one of the first ones deported from Canada. Attorney James Branum represented Daniel in his trial. Daniel served his sentence at Ft. Sill. After his release from prison, because he had no family or place to go, we invited him to come to Oklahoma City to have some time to adjust to life again. Daniel has since become active in Joy Mennonite Church and in the community and has been a delight to be with.

In addition to these examples, James, as our attorney, has represented others who took the stand as conscientious objectors. He reports an increase of those who oppose war as conscientious objectors.

We have spoken to university and high school classes. We have literature tables at peace events and at places where youth gather. We have spent hundreds of dollars for literature and anticipate our expense for literature will increase.

If you would like to participate with us in this work you can contact us via email: mosesmast@gmail.com. Or you can mail us: Moses Mast, 4708 Outpost Dr., Spencer, OK 73084. If you wish to write a check, make it out to “Joy Mennonite Church“ and earmark is for “OCC.”
Thank you for your prayers and support. We wish all of you well in your efforts to bring peace to the world.

Introductory training session for anyone seeking to help GIs know their legal options

Sunday, June 21, 4:30-6:30
Joy Mennonite Church, 504 NE 16th, OKC

A workshop entitled AWOL No More: (Relatively) Painless Processing Out of the Army will be offered on Sunday June 21 at 4:30 pm. The program will help volunteers learn about the regulations concerning AWOL soldiers and how to help them return to civilian life by turning themselves in and, when eligible, being processed through the Army’s PCF at Ft. Sill, Oklahoma. The Ft. Sill facility is one of only two in the U.S. where “absent without leave” service members who meet certain requirements can surrender and be discharged.

Leading the workshop will be James M. Branum, an attorney with a private practice specializing in military law who has worked with hundreds of soldiers to facilitate their surrender to and separation from the Army. Branum is the supervising attorney with the Oklahoma GI Rights Hotline, serves on the board of the National Lawyers Guild’s Military Law Task Force and is a co-founder of the Oklahoma Center for Conscience.

”No special experience or knowledge is required for the workshop,” Branum said, “and it can serve as an introductory level training for anyone interested in going on to become a volunteer counselor with the Oklahoma hotline.” He added that the session also would be useful for family and friends of AWOL servicemembers who are concerned about the repercussions of being absent without leave.

The Oklahoma GI Rights Hotline, which is not affiliated with the military, provides free, confidential, and accurate information on US military regulations and practices to servicemembers, veterans, potential recruits, and their families.

Because of Ft. Sill’s status as a PCF base, Oklahoma-based volunteers are in increasing demand in both counseling and non-counseling positions, to provide information, assistance, and in some cases to transport and/or accompany GI’s to the facility.
The event is free and refreshments will be provided. Donations for the Oklahoma GI Rights Hotline will be gratefully accepted.

For more information, call the Oklahoma Center for Conscience at 405-236-4938 ext. 2.

Background on Winter Soldier here.

We are outreaching to Iraq War vets in Oklahoma who would be willing to testify at the hearings. Please use the contact form on this site to email us.

if you can help us support these vets, and get them to Austin for testimony, donations would be much appreciated.

WINTER SOLDIER HEARINGS COME TO AUSTIN, TEXAS

WHAT: Winter Solder – South Central Region, Eyewitness Accounts by Iraq Veterans Against the War

WHO: Iraq Veterans Against the War (IVAW), with support from many local groups

WHEN: Saturday, February 28, 1PM-5PM

WHERE: Central Presbyterian Church, 200 E. 8th Street (Brazos & 8th), Austin, Texas

In March of 2008, Iraq Veterans Against the War held a national Winter Soldier event in Baltimore, Maryland. Winter Soldier: Iraq and Afghanistan featured testimony from U.S. veterans, giving accurate accounts of the true nature of those occupations. This four-day event brought together veterans from across the country to testify about their experiences in Iraq and Afghanistan – and present video and photographic evidence. In May of 2008, for the first time since the Iraq war began, boots-on-the-ground veterans testified under oath before Congress about the effects of the occupation. Members of Iraq Veterans Against the War presented their testimony to the Congressional Progressive Caucus.

Winter Soldier hearings continue to be held regionally across the U.S. Now Iraq Veterans Against the War, will bring Winter Soldier hearings to Austin. Veterans from New Mexico, Arkansas, Louisiana, Oklahoma and Texas will join together to publicly share the experiences of war in Iraq and Afghanistan. In the tradition of other Winter Soldier events, live testimony, panel discussions, along with supporting video and photographic documentation, will focus on the human impact of war. This event is open to the public and all are encouraged to attend.

Winter soldiers, according to founding father Thomas Paine, are the people who stand up for the soul of their country, even in the darkest hours. The event was named Winter Soldier in honor of a similar gathering in 1971. The “Winter Soldier Investigation” was a media event sponsored by the Vietnam Veterans Against the War and was intended to publicize war crimes and atrocities by the United States Armed Forces and their allies in the Vietnam War. A complete transcript of those hearings was later entered into the Congressional Record by Senator Mark Hatfield, prompting the Fulbright Hearings in April and May 1973, convened by Senator J. William Fulbright, chair of the United States Senate Committee on Foreign Relations.

For more information, go to www.austinivaw.wordpress.com.

We are asking Oklahoma activists, veterans and family members to help promote the event by printing and distributing the flier among their networks.

Winter Soldier flier for Oklahoma, 2 up

WHERE: Joy Mennonite Church, 504 NE 16th St, Oklahoma City, OK 73104

WHEN: Jan. 22nd, 5 p.m. (press conference), 6 p.m. (potluck dinner), 6:30 p.m. (Daniel will speak)

WHAT TO BRING: Bring a dish of your favorite food and friends. We want to pack the house with supporters of Daniel!

WHO IS DANIEL SANDATE: Daniel Sandate is a war resister and a veteran of the Iraq war. He fled to Canada after his first deployment to Iraq because his unit refused to give him treatment for his PTSD. Daniel lived underground in Canada until last year when he was deported to the US and sent to Fort Carson, CO.

OCC’s helped sponsor Daniel’s lead attorney, James M. Branum, in his case at Ft. Carson. In his court martial, Branum presented as mitigation the fact that Daniel’s unit failed to provide adequate treatment for his PTSD. Because of this, the judge gave Daniel an 8 month sentence and an other-than-honorable discharge (much better than the normal 15 month sentence and dishonorable discharge commonly given for desertion cases at Ft. Carson).

If all goes well, Daniel will be released from prison next week. We are having this event to show Daniel and our community that we stand with him and support him.

The event is free, though we will gratefully accept donations so we may continue to provide legal support for conscientious objectors seeking discharge from the military.

Daniel Sandate statement on war (pdf)

We are fortunate that OCC’s co-founder, James M. Branum, right here in Oklahoma is one of the few attorneys concentrating in this work. He has traveled all over the country defending GIs, and is also becoming a highly sought after GI Rights trainer.

Costs for providing legal services include travel and accommodations for James, as well as his legal research and documentation, phone calls, etc.

We have now added the ability to donate to our work online here on this site. There are several options for donations, and we hope you can find one that works for you.

Another way to help is to use the flier here and reproduce and distribute it through your own publications and networks. We are working on producing a variety of media that can be used to promote our work. Please give us your feedback and ideas.

2008 CO flier (pdf)

We will shortly have a Paypal button on this site for easy donations using a credit/debit card. In the meantime, you can send a donation via Paypall using the address info – at – centerforconscience -dot- com. Note in the remarks field that your donation should be used for legal support.

For Joshua Key & Daniel Sandate

My name is James M. Branum. I am a solo-practice attorney working in the area of GI Rights law, meaning that I assist members of the U.S. military who want to be discharged early and/or who are facing a court-martial because of their acts of conscience while in the military.

I am working with the Oklahoma Center for Conscience (www.centerforconscience.org) to raise funds for two of my clients who are in serious situations and who are unable to pay for my expenses at time.

Donations can be made today at the OCC table of the OKC Peace Festival (just put your donations into the “Legal Support” bucket).

You can also donate later by sending a check or money order to: Oklahoma Center for Conscience, 504 NE 16th St., Oklahoma City, OK 73104.

The Case of Joshua Key – an Oklahoma Soldier who is seeking asylum status in Canada because of his refusal to return to Iraq

Joshua Key, was a poor kid from Guthrie, Oklahoma, who saw the U.S. army and its promised benefits — from free health care to career training — as the ticket to a better life. In 2002, not yet 24 but already married and the father of two, Key enlisted. He says his recruiting officer promised he’d never be deployed abroad, but a year later he was in Iraq.

Iraq was horrific experience which left him with a terrible case of PTSD (which he recounts in his book, The Deserter’s Tale: The account of an ordinary soldier who walked away from the war in Iraq), so when he came back home on leave, he knew he couldn’t go back. He and his family left Ft. Carson, Colorado and ended up living in their car in Philadelphia for about a year before they made their way to Canada. Since then, Joshua has been fighting in the Canadian Immigration system for the right to remain in Canada as an asylum seeker.

I have been asked to come to Canada to testify on Joshua’s behalf in January before the Canadian immigration courts as an expert witness on the subject of U.S. military law (I previously represented Robin Long, the first US soldier deported from Canada), but Joshua does not have the funds to pay my way up there.

I am asking Oklahomans to support one of our own by contributing to my travel expenses and time.

The Case of Daniel Sandate – a mentally ill US soldier facing a court-martial at Ft. Carson
I wanted to let everyone know about a case I am working on. The client will be pleading guilty to the charge of Desertion on Monday, November 17th at 1 p.m. at Ft. Carson, Colorado. I (along with an excellent attorney with the JAG’s trial defense services and local Colorado attorney Bill Durland) will be arguing to the court that Daniel Sandate should receive a lesser sentence due to his extreme mental health issues.

Daniel has asked me to share his story with the public. A longer version of this will be published at a later point, but this limited account is what Daniel has asked me to share at this time.

Daniel grew up with a horrific home life that is indescribable in nature, so understandably he grew up experiencing severe trauma and mental health issues. His adolescence and young adulthood were brutal but he hoped that joining the Army would give him a sense of purpose and a reason to live.

Sandate was a good soldier. He performed reasonably well in training and did ok in the Army until he deployed in Iraq. Like many soldiers, he was forced to see and participate in things that no human should ever have to go through. He came home from Iraq shook to the core and with a strong case of PTSD.

Daniel tried to get help from the Army but he was blown off, time and time again. His situation was quickly spiraling in a negative direction (he was very suicidal at this point, which was scary because he had tried to kill himself before even joining the Army), so when he met new friend online who lived in Canada, he thought it would be nice to take a break from the Army and hang out up there for awhile. He always wanted to come back at some point, but just needed a break and some time to recover his sanity.

However, while in Canada, Daniel was threatened severely by his old unit (he was even told by an NCO that he could be executed for going AWOL) so he ended up staying in Canada for several years.

While in Canada, he became very isolated and saw few people other than his girlfriend. When they broke up, things got really bad and he tried to kill himself. He was stopped (the police came after his downstairs neighbors reported blood dripping from their ceiling) and at first hospitalized and then later incarcerated. He was later released from jail but due to his suicidality he reported back to the police and told them he wanted to be deported to the US.

The Canadian authorities did take Daniel back into custody but wouldn’t release him due to their concerns over his safety, so Daniel called the US embassy and asked for their assistance. Daniel was then deported to the US, where he was immediately taken into custody and transported to Colorado. He has been sitting in the county jail in Colorado Springs ever since, and has been on suicide watch pretty much the whole time. Daniel is an intelligent, articulate man, but he is deeply troubled. Unfortunately the Army and the CJC (the county jail) have refused to give him the mental health care that he needs, so his mental health situation has declined.

For Daniel’s defense, I am raising funds to cover my expenses and those of Bill Durland’s (who has been invaluable to me as local counsel). At this point, we are short about $1000 of what is needed.

When: Tues. Aug. 12, 6 pm
Where: Joy Mennonite Church, 504 NE 16th, OKC

The Oklahoma Center for Conscience will host an informal talk and discussion with conscientious objector Jake Malloy on Tuesday, August 12. The event will take place at Joy Mennonite Church, 504 NE 16th St. in Oklahoma City, and begin with a potluck dinner at 6pm. The event is free and open to the public.

“I began with the question every soldier should ask, “Can I personally take another human life?” When I was honest with the words of Jesus, I had to conclude that whatever the consequences, there is no avenue by which one can kill another and love that other all the while.”

After enlisting in the Army and reaching the rank of Sergeant, Malloy’s deepening religious beliefs about war led him to seek an exemption from combat duty. Although he was willing to serve in Iraq in a non-combat role, the Army denied Malloy’s C.O. claim, demoted him and gave him an other-than-honorable discharge in May 2006.

Malloy’s case was one of the first in which OCC assisted an active-duty servicemember with a C.O. claim.

Later this month, Jake Malloy will be moving with his wife, Tiffany, and their son, to Nairobi, Kenya, for two years while Jake obtains an M.A. in Translation Studies.

The Oklahoma Center for Conscience (formerly Oklahoma Committee for Conscientious Objectors) seeks to engage a broader discussion in our communities about war and conscience. Our projects provide individuals with information and resources for personal decision-making about affirming careers, relationships and civic participation.

The “Journey of Conscience” series will include occasional programs about individuals whose personal stories of decision-making can compel thoughtful discussion and further understanding of difficult moral issues.

For more information, please call 405-771-4743 or email info (at) centerforconscience (dot) org

Attachments:

JOC_Malloy News Release

JOC_Malloy Flier