World War I brought us a hero named Sgt. York. A devoted pacifist, he was drafted into the army, and, after being denied conscientious objector status, struggled between his duty as a soldier and his objection to violence. He managed to capture 132 Germans and a machine gun nest in the Argonne Forest. The army named a tank after him.
For me, the importance of Sgt. York has always been how he struggled to reconcile his conscience with his duty as a soldier. This is the struggle that every soldier faced with an unlawful order faces, too.
The Uniform Code of Military Justice provides that a soldier should not obey an "unlawful" order. However, that is not always so simple. You, the soldier are not a lawyer, you have no training in the Constitution or the Geneva Conventions other than what you learned in the 4th grade and at boot camp. And you get told that the Dept. of Justice has opined — the smartest lawyers in DC have said — that the order is legal. You have just lost the legal underpinning for your refusal to obey that order. From a lecture series at Mercer Law School:
The decision to obey one’s oath and not follow illegal orders is no doubt a difficult one, and one that will probably result in punishment from those who issue the illegal orders. One should not take this issue lightly, just as one should not take the decision to follow an illegal order lightly. There will no doubt be consequences for those who follow their conscience.
You have seen what "bad" things happen to those who are prisoners of the US military. Hey, your whole problem is that you have been asked to DO the bad things–that’s the unlawful order. You wonder what bad things may happen to you if you get thrown in the brig for refusing to obey an order that the DOJ OLC says is legal. So, what do you do?
Enter Alyssa Peterson. Peterson was ordered to engage in "interrogation techniques" that she found unconscionable. She refused. She was reprimanded for showing "empathy" to the victims of those interrogation techniques, we don’t know if she was threatened with court martial or not because her diary and suicide note have been censored.
Yeah, I said suicide note. She killed herself rather than obey an unlawful order. Greg Mitchell has a piece up at HuffPo. Turkana has piece up at Daily Kos. Read ‘em and weep.
This is what happens when monsters with law degrees take away the legal underpinning for objecting to an illegal order.
Maybe we, the US, should name something after Alyssa Peterson. Not a tank. Maybe an army training center for human rights law?
Thirty-second in a series on torture and the law.
[Editor's note: The photo by takomabibelot features a banner created and designed by Firedoglake reader BonnieT of Austin, Texas, where she operates OpposeTorture.org.]
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A new kind of medal. Silver star. Purple heart. Alyssa conscience.
Thanks for this, LHP. This is someone who should be remembered.
I cannot imagine living with her pain or having her courage.
FunnyDiva
Yea,
Thanks LHP
She should not be forgotten. When people say there are no victims of torture we should mention her story every time because it effects everyone involved
I’m so proud of my government. Even the part where they keep me safe from this hero’s words in her note.
Just makes me all warm and fuzzy.
Those who ordered her to perform illegal acts Must be held accountable for their orders and her death. Alyssa’s un-redacted diary & suicide note should be made completely public if her family allows it! What a waste of a good loyal American soldier! RIP Alyssa.
Alyssa Peterson is the Congressional Medal of Honor.
Dear God…if there is still a God….
Hey you with the beautiful mind – you’re welcome.
Alyssa’s fear must have been terrible. I’m sure she knew that some awful things were going to happen to her as a result of her refusal.
You don’t commit suicide because you can’t abide torture. This woman must have been the victim of ridicule and threats, humiliation and harassment and felt completely trapped. Suicide was her way out of the hell her “colleagues” created for her.
A real tragedy.
…her diary and suicide note have been censored.
by whom? and by what authority? not to be snarky in any way whatsoever, but she’s not a soldier any more….
Maybe before people like Chris Matthews and Dancin’ Dave and Bob Schieffer go all goosey over torture in their next shows, they could take a moment out to read your piece, and the HP and DKos ones as well.
Thank you for the sobering reminder of what John McCain has said for years, even if he weasels for his party a tad too much these days, torture may inflict temporary injury or death on the one being tortured. But it is a cancer eating at the ethics and soul of this nation, and that demands accountability.
Digby’s posting on this subject, too, is worth reading.
Uh. Thank you.
I read about this case over at HuffPo. I find it hard to believe she committed suicide after being reprimanded for empathy.
She was a devout Mormon, that said, there are strict covenants against suicide in her faith. It is more plausable that she was killed. She would have been a legal threat, this is similar to the Tillman case. Both people enlisted for honorable reasons and intent. Tillman more than likely was murdered, this case raises similar suspicions.
Thanks lhp.
God bless and keep Alyssa.
Sorry to sully the waters of the lake with whom I consider one of the most altruistic Human Beings of our Generation ,another victim of conscious opposition to the war.
This is a bush state secret so maybe we shouldn’t talk about it. Could give the terrorists a victory you know.
Quick summation for the trolls.
He was republican rich didn’t have to ever like george, dick, rummy, rush, sean, billo, billy K, Tom F. the Unit David B. put his ass in harms way.
But after the 9-11 lie he did what most republicans don’t. He gave up millions for the love of his dear country.
He believed in our common basis , the constitution, and the rights derived there in.
And after a while he saw through the fog of war to see we were lied to. He was coming home to campaign against george and dick’s lie in 2004. His first amendment right to free expression ended when the tap was placed on his communications and some republican scum picked up on this and he wound up with one chest bruseing from his body armor and three holes in a two inch circle in his forhead for wanting to warn the American public .
Treason Period
interesting tidbit:
jay bybee – mormon
harry shitweasel reid – mormon
alyssa peterson – mormon
so who’s the real mormon?
I think they should name the Medal of Freedom after her. Gods know its reputation has been more than sullied by the last pResident.
watertiger is upstairs!
Late Nite: Only Sodomites and Child Molesters Use Budget Reconciliation
LHP–
Not so fast. There have been a whole bunch of “tributes” to Alyssa Peterson in the past few days. A bunch were here on FDL.
I was living in Flagstaff at the time of Alyssa’s death, so my interest in her case was re-kindled. I started reminding people back in Flagstaff left and right–er, maybe that should be Left and Right– about Alyssa. I got pulled up short by some friends of the Peterson family saying they weren’t comfortable with people using Alyssa’s death to score points for their own point of view. The Flagstaff newspaper doesn’t refer to Alyssa’s death as “suicide,” but as “non-combatant.” Alyssa’s parents appear to be very patriotic, often appearing at Veteran’s events, where Alyssa’s mother often sings a patriotic song. I don’t think they’re very keen on outsiders using their daughter to score points that they may not agree with.
There is a memorial to Alyssa in Flagstaff, where her name is listed along with other locals who have died while serving their country.
Don’t forget Pat Tillman. Did DOD use something Alyssa wrote to explain away her death as a suicide?
I don’t want to take anything away from what Alyssa did. To me, she’s a hero. But I’ve begun to be uncomfortable with all the piling on about her in the past few days.
Bob in HI
Flagstaff 1987-2004
If the use of her name is the issue, well, I guess her family is rightfully troubled.
But if the state of readiness and mental frame of those involved in interrogations is thus, it’s kinda hard to argue that it’s not to be highlighted, not in the public interest, and particularly now that whatever rationales they have tried have completely crumbled under the light.
Please never ever ever be ashamed for someone who sees the light the first or last day.
We both are not proud of those that tortured unnamed. These kids , God bless ‘um all.
Bruce Cockburn live Pacing The Cage
lhp – Here’s a scene from Nov. ‘05 – when Bush was bullying his own Goopers over renewal of the Outrages in the Patriot Act -
“Several provisions of the act, passed in the shell shocked period immediately following the 9/11 terrorist attacks, caused enough anger that liberal groups like the American Civil Liberties Union had joined forces with prominent conservatives like Phyllis Schlafly and Bob Barr to oppose renewal.
GOP leaders told Bush that his hardcore push to renew the more onerous provisions of the act could further alienate conservatives still mad at the President from his botched attempt to nominate White House Counsel Harriet Miers to the Supreme Court.
“I don’t give a goddamn,” Bush retorted. “I’m the President and the Commander-in-Chief. Do it my way.”
“Mr. President,” one aide in the meeting said. “There is a valid case that the provisions in this law undermine the Constitution.”
“Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a goddamned piece of paper!”"
Now, can you just imagine when Bush wants…
…Legal Cover for Water-Boarding.
…Immunity for Telecoms.
…To Fire the USAs for Dis-Loyalty.
…To Out a Spy.
And, Bush says, in addition, that he’s got All the Inherent Powers and Legal Opinions that he needs to do it, too!
Ianapsychologist, but Bush comes across as nothing less than a Sadistic Megalomaniac, whose Word served as the Law. This same Maniac that would tell his fellow Republicans that the Constitution was ‘just a goddamned piece of paper,’ wouldn’t hesitate, imvho, to -
- Torture
- Wire-Tap US w/o Warrant
- Lie US into War
- Fire the USAs
Telling US, every step of the way, that he has All the Inherent Powers and Legal Opinions he needs.
The complicity of Bush’s Lawyers cannot be underestimated in the Impact of Bush’s Demands upon otherwise good, law-abiding, conscientious Citizens – Democrats and Republicans.
“The Uniform Code of Military Justice provides that a soldier should not obey an ‘unlawful’ order. However, that is not always so simple.”
It’s not *ever* that simple.