Army Ranger 1st Lieutenant Michael Behenna Sentenced to 25 Years for Killing Known Terrorist in Self-Defense

8 hours ago by Pamela Geller

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While GITMO enemy combatants are freed only to go back to the killing fields of jihad, our boys rot in prison for fighting these savages.

On March 20th, 2009, Army Ranger 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing Ali Mansur, a known Al Qaeda operative while serving in Iraq. Mansur was known to be a member of an Al Qaeda cell operating in the lieutenant’s area of operation and Army intelligence believed he organized an attack on Lt. Behenna’s platoon in April 2008 which killed two U.S. soldiers and injured two more. Army intelligence ordered the release of Mansur and Lt. Behenna was ordered to return the terrorist to his home.

During the return of Mansur, Lt. Behenna again questioned the Al Qaeda member for information about other members of the terrorist cell, and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense. The government subsequently prosecuted Lt. Behenna for premeditated murder.

Not only is this a miscarriage of justice on the behalf of Lt. Behenna, who was acting to prevent further loss of life in his platoon, it is demoralizing to the U.S. troops who continue to fight on behalf of the freedom and security of our nation. Whether it is U.S. border patrol agents, members of the armed forces, or FBI agents, no individual who is serving on the frontlines in the War on Terror should be so blatantly mistreated.

 

A note from Michael Behanna's parents -

Please consider sending Michael a card, a letter, or even a money order (for snacks and phone calls) during this upcoming holiday season.  We promise you it will make Michael’s day!  Michael’s address is:

Michael Behenna  87503

1300 N. Warehouse Road

Ft. Leavenworth, KS   66027-2304

www.defendmichael.com

http://freedomoutpost.com/2013/11/army-ranger-1st-lieutenant-michae...

http://atlasshrugs2000.typepad.com/atlas_shrugs/2013/11/send-him-a-...

 

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They set him up in the first place. His commanders should have never ordered him to escort a terrorist thought to have killed soldiers in his platoon back to his home. Were there any other escorts with him to act as witness'. Why not have someone with no emotional ties return the terrorists to his home. It would be like asking a father whose daughter was raped and the rapist convicted getting released from jail and telling the father he has to take the man to his family. What did they expect would happen?

In any case, Behenna simply killed a terrorist in self defense in a war zone and should not be punished. He should be awarded. That is the thoughts of everyone I have spoken with. I have 5 signatures on my petition so far. I have a meeting set for next Wednesday with my congressman's reps to see how we can get this man freed.

Everyone should write a letter to George Bush 43 and tell him he needs to see that this man is immediately released and reinstated with full honor, back pay, and a medal. After all, Bush is the one who started the war that put ultimately led to this mans position. Hold the politicians accountable.

Can someone get a statement from 1LT Behenna?  What does he want us to do?

Is there one voice who can take charge of this situation and lead the way?

Other than providing him with phone cards and snacks for his comfort, isn't there anything else we can do that will be more effective in getting this LT out of Leavenworth?

Someone please provide a plan of action.  There has to be something we can do other than get mad and wring our hands, demanding that the Usurper-in-Chief leave the White House.

Action now!

Sherry-

First thing in the morning I will be writing a formal letterhead and printing it out for a petition to release these men.

I will take it with me to my son's braces appointment and begin the signatures locally. When I get home I will contact Amy at my congressman's office locally and ask her how to expand the signatures. 

I am already involved with the local VFW and will ask their assistance. I will write a letter to Ted Cruz about the matter. After all, he is my senator. Etc.,etc.

Anyone on here who wants to email me a signature or hand write and mail to my home address is fine with me. I don't know the protocol for giving my info on here, but let me know. I am in a position to work non-stop on this until the men are free. My wife is behind me and knows I am relentless on these issues.

 I have already raised money for care-packages for troops in Afghanistan 2 years in a row for the local VFW. It was after hearing stories like these that prompted me to get involved on a personal basis. I am pissed.

I should be Obama an his motley crew rotting in jail ..!

Hoorah, Joanne.

I WOULD AGREE , AFTER THEY WERE ALL
MADE TO LOOK THE SAME !
CASTERATED !!

IMPRSIONMENT OF MEMBERS OF THE MILITARY VIOLATES THE UNIFORM CODE OF MILITARY JUSTICE, AND THE SELECTIVE SERVICE ACT. THE ARMED FORCES IS NOT THE MILITARY.

                                SELECTIVE SERVICE ACT OF 1948

http://www.loc.gov/rr/frd/Military_Law/pdf/act-1948.pdf

TITLE I

SECTION 1. (a) This Act may be cited as the "Selective Service Act of 1948".

(b)    The Congress hereby declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.

(c)    The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selec­tion which is fair and just, and which is consistent with the maintenance of an effective national economy.

(d)    The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.

 

(note) The Armed Forces organization supports the Ground and Air Force, i.e.  the Military.

To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air 'Forces, and those in active service under this title, the Na­tional Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve com­ponents as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.

DEEMED TO BE

 

. The persons inducted into the armed forces for training and service under this title shall be assigned to stations or units of such forces. Per­sons inducted into the land forces of the United States pursuant to this title shall be *deemed to be members of the Army of the United States; persons inducted into the naval forces of the United States pursuant to this title shall be* deemed to be members of the United States Navy or the United States Marine Corps, as appropriate; and persons inducted into the air forces of the United States pursuant to this title shall be deemed to be members of the Air Force of the United States.

(note) *deemed, definition; ‘To think of it, as if it were, a metaphor.

 

(note) THE ARMED FORCES are mercenaries.

(f)     “Nothing contained in this or any other Act shall be construed as forbidding the payment of compensation by any person, firm, or *corpora­tion to persons inducted into the armed forces of the United States for training and service under this title, or to members of reserve components of such .forces now or hereafter on any type of active duty, who, prior to their induction or order to active duty were receiving compensation from such person, firm, or corporation.” (note) the corporation is the Commodity Credit Corporation.

 

                             COMMODITY CREDIT CORPORATION *CHARTER   Title 15 U.S.C.

Change of Name

National Military Establishment changed to Department of Defense by act Aug. 10, 1949.

 

 

Codification

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3011 to 3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

 

SELECTIVE SERVICE ACT continued page 5

 

(note) No one in the Military is subject to the Selective Service Act, or can be ordered to serve outside the United States, that would include Korea, Viet Nam. Iraq, or Afghanistan see below.

 

 (h)No person who is enlisted in the Army of the United States under the provisions of subsection (g) shall be permanently assigned to duty at any place outside of the continental limit s of the United States; and no person who is enlisted under the provisions of such subsection in the United States Navy, the United States Marine Corps, or the Air Force of the United States shall be assigned to duty at any naval or air force installation which is located on land outside of the continental limits of the United States.

 

(note) Title 10 U.S.C. ARMED FORCES, and Title 32 U.S.C.  admits  the inclusion of the Military in the code is baseless.

 

Title 10 USC and 32 USC contain the Military in the definitions as part of the Armed Forces, however in the notes following the definitions, the various branches of the Military were simply inserted for legislative convenience.

 

TITLE 10 > Subtitle A > PART I > CHAPTER 1 > § 101

 

Revised section Source (U.S. Code) Source (Statutes at Large)

 

101(1)

101(2)

101(3)

101(4) *should be here

101(5)

101(6)

The definitions in clauses (3), (15), (18)–(21), (23)–(30), and (31)–(33) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the terms defined have been most commonly used. A choice has been made where established uses conflict.

 

TITLE 32 > CHAPTER 1 > § 101 NATIONAL GUARD

 

In clause (2), the term “armed forces” is defined for legislative convenience and is defined the same as that term is defined in section 101 (4) of title 10, United States Code.

 

The entire section defining the terms used in title 10 USC and Title 32 National Guard is based on nothing. In clause 4, the Army, Navy, and Air Force is included in the definition of Armed Forces by adoption of terminology,  there is no statute. The entire section is null, and void. Furthermore, Congress did not write Title 10 U.S.C., a team of 50 lawyer’s, spent ten years  writing it.

 

(note) Congress merely changed the name form Armed Services to Armed Forces

 

CREATION OF THE ARMED SEVICES, AUGUST 31, 1842, NAMED CHANGED TO ARMED FORCES BY, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces”
The act of August 31, 1842 (5 Stat. 579; 5 U. S. C. 429), abolished the Board of Navy Commissioners and established the Bureau of Navy Yards and Docks, Bureau of Construction, Equipment, and Repair, Bureau of Provisions and Clothing, Bureau of Ordnance and Hydrography, and Bureau of Medicine and Surgery. The act of July 5, 1862 (12 Stat. 510; 5 U. S. C. 429), established the following organizations: Bureau of Yards and Docks, Bureau of Equipment and Recruiting (later changed to Bureau of Equipment and still later abolished), Bureau of Navigation (now Bureau of Naval Personnel), Bureau of Ordnance. Bureau of Construction and Repair.

 

(note) .THERE IS NO ARMED FORCES COMMITTEE IN CONGRESS, in clear violation of section (b) of the War Powers Resolution listed  below.
.THE ONLY COMMITTEE, IS THE ARMED SERVICES, LIMITED TO CONSTRUCTION OF MILITARY BASES, SEE TITLE 10 USC section 2808
Link. http://www.gpo.gov/fdsys/pkg/USCODE-2010-title10/html/USCODE-2010-t...

 

                                                                  WAR POWERS RESOLUTION
50 U.S.C. § 1541 – PURPOSE AND POLICY
(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

 

(note) President Bush, nor President Obama, could ever order the Military to Iraq or Afghanistan, without a formal declaration of war by Congress, the order would  violate  the Selective Service Act, and the War Powers Resolution.

       

   President Bush’s  E.O 13235  emergency construction

National Emergency Construction Authority Executive Order 13235, 66 F.R. 58343,

 

 

 10 U.S.C. 2808 note
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I declared a national emergency that requires the use of the Armed Forces of the United States, by Proclamation 7463 of September 14, 2001, because of the terrorist attacks on the World Trade Center and the Pentagon, and because of the continuing and immediate threat to the national security of the United States of further terrorist attacks. To provide additional authority to the Department of Defense to respond to that threat, and in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby order that the emergency construction authority at 10 U.S.C. 2808 is invoked and made available in accordance with its terms to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments
CONSTRUCTION AUTHORITY OF SECRETARY OF DEFENSE UNDER DECLARATION OF WAR OR NATIONAL EMERGENCY
Pub. L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382, which authorized the Secretary of Defense, in the event of a declaration of war or the declaration of a national emergency by the President, to undertake military construction without regard to any other provisions of law, was repealed and restated as section 2808 of this title by Pub. L. 97-214, Secs. 2(a), 7(18), July 12, 1982, 96 Stat. 157, 174, effective Oct. 1, 1982.

 

 

(note) The Secretary of Defense has no authority over the military.


Title 10 CFR § 375. Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law .

 

(note) The D.o.D  does not abide by United States Army Field Manual, because the D.o.D is not the Military. see below.

 

Pub. L. 109–163, div. A, title XIV, §§ 1402, 1405, 1406, Jan. 6, 2006, 119 Stat. 3475, 3476, 3479, provided that:
“SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.
“(a) In General.—No person in the custody or under the effective control of the *Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation.
“(b) Applicability.—Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States.
“(c) Construction.—Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States.
___________________________________________________________

 

The Army Field Manual for the Army, in contrast to Uniform Code of Military Justice (UCMJ and the MCA) for the Armed Forces/Armed Services, i.e. construction corp.

Colonel Jonathan Williams
President Adams appointed Williams a major in the Corps of Artillerists and Engineers in February 1801 and President Jefferson made him the Army's Inspector of Fortifications and assigned him to lead the new Military Academy at West Point in December 1801. The following year Jefferson appointed him to command the separate Corps of Engineers established by Congress on March 16, 1802

.
(note)Mr. Jefferson , didn’t dissolve the Army, he created a military appendage, construction division . The Army Field Manual was not modified by section 1342 listed below, section 1342, modified the Act, dated March 16 1802, it eliminated the Military, it was codified on Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.) Philippine Islands. Amended in 1920, and again in 1948, by the Elston Act

_____________________________________________
(note) Reproduced below is the actual letter.


HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives,

In a letter submitted by HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives, stated the purpose for the needed change.
WAR DEPARTMENT,
OFFICE OF THE JUDGE ADVOCATE GENERAL,
Washington, April 12, 1912.
The SECRETARY OF WAR.
SIR: I have the honor to submit herewith a project of revision of
section 1342 of the Revised Statutes-the Articles of War-and to
request that, in the form in which approved by you, it be transmitted
to the Congress with a request for its enactment. The necessity for revision will be best understood by a preliminary reference to the history of the present articles.
1. not reproduced (really long)
2. not reproduced
3. not reproduced
4. Articles 1, 10, 11, 12, 29, 30, 36, 37, 53, 76, 87, and 101 of the
existing code have been omitted. Some of these articles have never
met any real need in our *service, and may for all practical purposes be
regarded as obsolete; others embrace only matters properly within
the field of Army Regulations
.

 

(note)  Section 1342 of the Articles of War, eliminated the Army, the Articles were codified Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.)  Philippine Islands. Armed Forces.

(note) No one in the Army is subject to section 1342, now The Uniform Code of Military Justice. See below.

OLD ARTICLES OF WAR OMITTED FROM THE PROPOSED REVISION.
ARTICLE 1. Every officer now in the Army of the United States shall,
within six months from the passing of this act, and every officer hereafter
appointed shall, before he enters upon the duties of his office, subscribe these
rules and articles.
_______________________________________________________________


IN 1948; the (Elston Act) modified section 1342 by section 47 of said Act
“[… That section 1342 of the Revised Statutes of-the United States be , and the same is hereby repealed, and all laws and parts of laws insofar as they are inconsistent with this act are hereby repealed .]
The request for the change came from the “*Bureau of Budget“ (*Commodity Credit Corporation).

 

(note) section 47 of the Elson Act, which modified section 1342, was codified in Title 10 U.S.C. section 801, see below

The Uniform Code of Military Justice, was reenacted by Congress in 1950,
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Source (Statutes at Large)

801 50:551 (less (9)). May 5, 1950, ch. 169, § 1 (Art. 1 (less (9))), 64 Stat. 108.
The Uniform Code of Military Justice of 1950, 64 Stat. 107, as amended by the Military Justice Act of 1968, 82 Stat. 1335, 10 U.S.C. Sec. 801 et seq. For prior acts, see 12 Stat. 736 (1863); 39 Stat. 650 (1916).
May 5 1950 chapter . 169, 64 Stat. 108, later codified by Act of Aug. 10, 1956,
effective in 1951, , later codified by Act of Aug. 10, 1956, ch. 1041, 70A Stat. 1, 36, and now, as amended, 10 U.S.C. $5 801-940 .
                             Jurisdiction of the Military Commission Act
Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions.

50 USC § 195. ‘‘United States’’ defined
The term ‘‘United States’’ as used in this Act includes all territory and waters, continental or
insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231; Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93 Stat. 498.)
_______________________________________________________-

Conclusion; In order to perpetrate the fraud that the Military is part of the Armed Forces (Armed Services), and to overcome the clear violations of the laws, these entities have created a separate set of laws, and have murdered thousands, both sides, and have imprisoned our men and women in the Military unjustly, using the Uniform Code of Military Justice. Void judgments and charges of treason should be filed, forget appeals.

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