JAILED FOR FACEBOOK COMMENTS, MARINE SUES
'Case exposes government system that is targeting military
veterans'
“I love America more than any other country in this world,
and, exactly for this reason, I insist on the right to criticize her
perpetually.”— James A. Baldwin
“Just in time for Memorial Day, we’re being treated to a
generous serving of praise and grandstanding by politicians, corporations and
others with similarly self-serving motives eager to go on record as being
pro-military. Patriotic platitudes aside, however, America has done a
deplorable job of caring for her veterans. We erect monuments for those who die
while serving in the military, yet for those who return home, there’s little
honor to be found.
Despite the fact that the U.S. boasts more than 23 million
veterans who have served in World War II through Korea, Vietnam, the Gulf War,
Iraq and Afghanistan, the plight of veterans today, while often overlooked, is
common knowledge: impoverished, unemployed, lacking any decent health benefits,
homeless, traumatized mentally and physically, struggling with depression,
thoughts of suicide, marital stress.
It happens in China routinely. It frequently happened in the
old Soviet Union. Undoubtedly in North Korea, although generally there’s no one
around to witness it. But in the United States? It happens here, too,
apparently.
A lawsuit has been filed by officials with the Rutherford
Institute on behalf of a Marine who was jailed and held for the comments he
made on Facebook – comments that expressed a dissatisfaction with the present
direction of the U.S. government.
According to officials at Rutherford, the civil rights
action names as defendants members of law enforcement and the government who
were involved in last year’s episode where Marine veteran Brandon Raub, 27, was
arrested by a swarm of FBI and Secret Service and forcibly detained in a
psychiatric ward for a week.
His crime was posting controversial song lyrics and
political views on Facebook, the institute reported.
In one of his postings, he cited the evil in the world.
“The United States was meant to lead the charge against
injustice, but through our example not our force. People do not respond to
having liberty and freedom forced on them,” he wrote.
He was released later when a judge stepped in and concluded
the prosecution’s case against Raub was “so devoid of any factual allegations
that it could not be reasonably expected to give rise to a case or
controversy.”
The lawsuit asks for damages for Raub for the attack he
endured. It was filed in U.S. District Court in Richmond, Va., and claims
Raub’s seizure and detention were part of a plan executed by the Obama
administration called “Operation Vigilant Eagle.”
Operation Vigilant Eagle, a program launched by the
Department of Homeland Security in 2009, military veterans returning from Iraq
and Afghanistan are also being characterized as extremists and potential
domestic terrorist threats because they may be “disgruntled, disillusioned or
suffering from the psychological effects of war.” As a result, these servicemen
and women—many of whom are decorated—are finding themselves under surveillance,
threatened with incarceration or involuntary commitment, or arrested, all for
daring to voice their concerns about the alarming state of our union and the
erosion of our freedoms.
Institute attorneys claim the attempt to label Raub as
“mentally ill” and authorities’ efforts to involuntarily commit him into
custody was intended to silence his criticism of the government. However, they
explain the strategy also violated Raub’s First and Fourth Amendment rights.
“Since coming to Raub’s defense, The Rutherford Institute
has been contacted by military veterans across the country recounting similar
incidents. In filing a civil suit against government officials, Rutherford
Institute attorneys plan to take issue with the manner in which Virginia’s
civil commitment statutes are being used to silence individuals engaged in
lawfully exercising their free speech rights,” the organization said.
“Brandon Raub’s case exposed the seedy underbelly of a
governmental system that is targeting military veterans for expressing their
discontent over America’s rapid transition to a police state,” said John W.
Whitehead, president of The Rutherford Institute.
“Brandon Raub is not the first veteran to be targeted for
speaking out against the government. Hopefully, by holding officials
accountable, we can ensure that Brandon is the last to suffer in this way.”
It was last Aug, 16 when Chesterfield police, Secret Service
and FBI agents arrived at Raub’s home and asked to talk with him about his
Facebook posts.
“Like many Facebook users, Raub, a Marine who has served
tours in Iraq and Afghanistan, uses his Facebook page to post song lyrics and
air his political opinions. Without providing any explanation, levying any
charges against Raub or reading him his rights, law enforcement officials
handcuffed Raub and transported him to police headquarters, then to John
Randolph Medical Center, where he was held against his will,” the Institute
reported.
“In a hearing on Aug. 20, government officials pointed to
Raub’s Facebook posts as the reason for his incarceration. While Raub stated that
the Facebook posts were being read out of context, a Special Justice ordered
Raub be held up to 30 more days for psychological evaluation and treatment.”
When Circuit Court Judge Allan Sharrett, however, found out
about the case, he ordered it dismissed and Raub released, because there was no
evidence of a case.
In asking the United States District Court for the Eastern
District of Virginia to acknowledge the harm done to Raub and to rectify the
violation of his First, Fourth, Fifth and 14th Amendment rights, Institute
attorneys are requesting that Raub be awarded damages.
An important point to consider, however, is that the
government is not merely targeting individuals who are voicing their discontent
so much as it is locking up individuals trained in military warfare who are
voicing feelings of discontent. Under the guise of mental health treatment and
with the complicity of government psychiatrists and law enforcement officials,
these veterans are increasingly being portrayed as ticking time bombs in need
of intervention. In 2012, for instance, the Justice Department launched a pilot
program aimed at training SWAT teams to deal with confrontations involving
highly trained and often heavily armed combat veterans.
In the four years since the start of Operation Vigilant
Eagle, the government has steadily ramped up its campaign to “silence”
dissidents, especially those with military backgrounds. Coupled with the DHS’
dual reports on Rightwing and Leftwing “Extremism,” which broadly define
extremists as individuals and groups “that are mainly antigovernment, rejecting
federal authority in favor of state or local authority, or rejecting government
authority entirely,” these tactics have boded ill for anyone seen as opposing
the government.
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