Antiwar Gls Erik Larsen and Tahan Jones confront Marine Corps 'kangaroo court'

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Corporal Tahan Jones, one of the nation's most outspoken GI resisters, turned himself in to the Marine Corps at Treasure Island, San Francisco, on May 15. This time, the handcuffs and restraining belts used the month before on his Marine comrade and fellow conscientious objector, Erik Larsen, were forsaken.

The national outcry against Larsen's treatment might have convinced the Marines to act with a modicum of restraint toward Jones-—at least when the cameras were on. Recent protests included a letter to President Bush signed by 33 Catholic bishops, which supported not only "religious," but "selective" conscientious objectors (that is, those opposed to only "unjust wars").

The Marine Corps didn't bother to inform Jones that he had been charged-that same day—with "desertion in time of war." Jones thus faces the death penalty for exercising his constitutional right to speak out against the slaughter of the people of the Middle East.

Within 24 hours of reporting to the Marines, and in blatant disregard for court motions filed on his behalf, Jones was shipped to Camp LeJeune, N.C., 3000 miles away from his legal advisers.

Five days after Jones reported to the Marines, his attorney, John Murko, appeared in court to request a writ of habeus corpus to prevent his client from being separated from his defense supporters. It was only then that government lawyers blithely informed him that Jones had been charged with a capital offense.

Kangaroo court

Of the 24 initial GI resisters who were sent to Camp LeJeune, 18 are now imprisoned there with plea-bargained sentences of up to two years. Most became victims of what Erik Larsen's attorney, Robert Rivkin, describes as the Marines' "three-pronged strategy of isolation, intimidation, and incarceration." The remainder of the Camp LeJeune detainees await court-martial trials.

Rivkin, among the nation's most prominent military legal authorities, describes the Marines' Kangaroo Court conduct as "unprecedented."

He told Socialist Action that there has never been a case where all soldiers charged with the same offense were isolated and sent to the same military facility for trial, thus denying them reasonable access to attorneys, witnesses, financial resources, and families.

Rivkin stated that GIs have been thrown into county jails, where ruthless officials shaved their heads to the point of drawing blood. Others have received anonymous death threats.

A recent proceeding at Camp LeJeune against resister Sam Lwin shocked many in attendance. The overt prejudice of government witnesses and other excesses apparently Erik Larsen embarrassed authorities and resulted in what is considered, under the circumstances, to be a light sentence.

Lwin received a dishonorable discharge and four months in the brig. This sentence was further reduced by 36 days because of Lwin's previous illegal imprisonment.

Lwin's fight for freedom was aided by the... lawyers and supporters of the New Yorkbased Gl defense committee, Out Now. His sentence was a far cry from the multi-year plea-bargained terms received by many other conscientious objectors, whose only crime was to say "no" to what is now considered by many to have been a war of genocide against a virtually defenseless population. The 1000 to 1 kill ratio is unprecedented in modern warfare.

Amnesty International has indicated that imprisoned conscientious objectors will be considered "prisoners of conscience."

Of the estimated 2500 GIs who resisted participation in Operation Desert Storm, only three have been threatened with the death penalty—Jones, Larsen, and Kevin Tahan Jones Sparrock. Sparrock's "crime" is having reported for duty eight hours late!

Gov't stacks the deck Riding high on government-orchestrated, media-induced patriotic fervor, the bipartisan warmakers are proceeding as if Gi rights did not exist.

In violation of all regulations, the Marines have held two Article 32 (preliminary) hearings in the case of Erik Larsen without Larsen's attorneys even being present. Another hearing has been set without Larsen's agreement for June 4.

In a May 23 letter to the assigned Investigating Officer, Major J.F. Blanche, Larsen's lawyer protested the above violations and Major Blanche's "capricious" rejection of a defense request for a continuance until June 17.

Major Blanche rejected the June 17 date because he stated he was leaving Camp LeJeune on the following day.

"What you seem to have overlooked," Rivkin wrote, "is that Pfc. Larsen is facing charges that could result in very severe consequences, even a death sentence, and that his due process rights take precedence over your convenience. If it is inconvenient for you to hear this case, the appropriate action is for convening authority to appoint a different Article 32 investigating officer."

Rivkin pointed out that Blanche proceeded to deny all 24 witnesses requested by the defense "before having heard any arguments by the defense and even before Pfc. Larsen's civilian attorney had had a chance to appear for his client! ... A non-Article 32 investigating officer might have issued such a ruling out of ignorance. For a military judge to have issued such a ruling where the accused faces a possible death sentence is an outrage almost beyond belief."

Rivkin reminded Major Blanche that Larsen had secured a Federal District Court order on May 2 holding that the Marine Corps had violated his client's due process rights. The Marines were given 60 days to hold a new hearing on Larsen's application for CO status. Apparently, the Marines want to ram through the required Article 32 hearing and the actual court martial trial before this time.

Rivkin is calling on the Marines to "relieve the current Investigating Officer of his duties and appoint someone who is fair and impartial," not to mention accessible.

The families of Tahan Jones and Erik Larsen have formed a joint defense committee which is preparing for a long and costly legal and political battle. Estimated legal expenses are $60,000. Contributions are urgently requested.

Checks should be made payable to the "Jones/Larsen Defense Committee," Box 225, 1678 Shattuck Ave., Berkeley, CA 94709. Phone (415) 655-1201.