Michael Weinstein’s Military Religious Freedom Foundation has asked for two delays in the required timeline to file a response to the DoJ’s motion to dismiss the MRFF’s ongoing lawsuit. Reasons for the requests included the “number of pages” of supporting material in the DoJ motion, and the requests have been unopposed by the DoJ.
It appears, though, that the law firm representing the MRFF actually had other work keeping them busy: they have now filed a second lawsuit (text). Like the first, it takes a single “issue” (in this case, the requirement that soldiers attend events in which sectarian prayers are delivered) and lumps in every possible accusation against religion in the military. Much of the lawsuit is verbatim from other filings.
For example, it once again includes unspecified accusations against Officers’ Christian Fellowship. It also includes references to the Ft Wood “Free Day Away,” which, as noted, has already been investigated by the Inspector General and found to be in compliance with regulations. It also still includes complaints about the 523rd Fighter Squadron, which no longer exists, and hasn’t for some time.
Unlike the first lawsuit, it does say that the primary plaintiff, Specialist Dustin Chalker, sought permission Read more
According to a Kansas paper, Army Specialist Jeremy Hall (who is currently suing the Defense Department for “religious proselytizing”), was rebuffed in a visit to the IG to complain about “violations of his religious freedoms.” Weinstein said this “undermines” the DoJ’s move to dismiss, which cited Hall’s failure to use the in-place grievance systems.
According to the article, the visit occurred “earlier this month.” That would make it appear to be a response to the DoJ motion, which was filed last month, and possibly an attempt to generate content for Hall’s response to the motion, which is due next month. In addition, Weinstein (a former JAG) appears not to see a conflict of interest with the Army conducting an internal investigation about charges which are currently involved in, or related to, an ongoing federal lawsuit in which it is essentially a defendant.
According to the article, Weinstein also plans to bring up the fact that someone posted a mock Soldier’s creed (that ridiculed soldiers with medical duty waivers) in Hall’s platoon area. The article lists a previously unknown medical restriction for Hall. How Weinstein plans to integrate the faux creed about physical fitness into a lawsuit about religion is unclear. The sarcastic modification of military mantras is a fairly common brand of critical cynicism in the military, and is limited neither to the Army’s creed nor physical conditions.
Casey Weinstein, son of MRFF founder Michael Weinstein, was stationed at Wright-Patterson AFB with his wife while they were both on active duty. He remains in the area looking for a job as a reservist. Now, a local Jewish paper is carrying an article in which Michael Weinstein has said
Wright-Patterson Air Force base is a “hotbed” of “unconstitutional religious intolerance.”
The younger Weinstein reportedly complained about a “prayer in Jesus’ name” that was a “violation of Air Force regulations” (a conclusion which is actually incorrect). He also “got in [the] face” of his superior over an email about John Gibson’s The War on Christmas. [Casey Weinstein, a 2004 Air Force Academy graduate, was a fairly vocal supporter of his father’s accusations against the military even while the younger Weinstein was on active duty. (He also posted an interestingly accusatory comment here.)] Read more
In a fairly well written argument, the government has filed a motion to dismiss the ongoing lawsuit against the Defense Department brought by Army Specialist Jeremy Hall and the Military Religious Freedom Foundation. (The response was due, and filed, on the 8th.) Salient points are below (emphasis added), though many were previously already talked about here.
The short version: he failed to use the systems in place to seek redress; the solutions he requests are already in place; and he does not allege harm by any “institutional bias” for which the only support is a list of vague references.
On the request that Secretary of Defense Gates be required to prevent Constitutional violations by his military subordinates:
Secretary Gates already exercises his authority to prevent constitutional violations through the Army’s existing Equal Opportunity Program — which Specialist Hall failed to invoke…
It is a fairly common (though sometimes socially unacceptable) practice for internet users who post on forums to add to their own post in order to make its posting date more recent. This has the effect of “bumping” it to the forefront, where people actually see it, even though there is nothing new to the topic.
CNN has apparently taken on the practice, as they have chosen to headline an essential repeat of their April 28th story on Jeremy Hall’s MRFF lawsuit.
One possible reason for the repeat may be in the source. Read more
In a typically scathing commentary, Mr. Michael Weinstein lambasted the move of General Caslen, currently Commandant at West Point, to lead an infantry division out of Hawaii. Caslen was one of several flag officers who appeared on a Christian Embassy video investigated by the Inspector General last year (previous post).
Expanding his hyperbolic and alliterative repertoire, Weinstein called this a “tragic trifecta of travesty” and likened the General to Iraqi militia leader Muqtada al-Sadr. He also criticized Caslen’s association with OCF, which he said was a
virulently fundamentalist Christian organization devoted to gaining unconstitutional control of the U.S. armed forces…
As with everything else, Weinstein has promised to add this to his ongoing lawsuit (in fact, he said it would go to the “head of the list”).
The AP has released an article describing how Weinstein dropped his lawsuit against the Army (discussed in previous posts 1, 2) so he could re-file it, adding an allegation that Specialist Jeremy Hall, his plaintiff, has been passed over for promotion as a result of the ongoing lawsuit. The text of the new suit is not yet available. As noted in the previous commentary, the lawsuit previously listed virtually every Christian ministry to the military as illegal entities, and continued to cite “Constitutional violations” about units that no longer existed.
As reported on the Religion Clause.
Happy New Year from ChristianFighterPilot.com.
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Each new year brings the traditional resolutions and, regrettably, a new wave of controversies. Weinstein’s lawsuit Read more