CNN’s AC360 blog updates yesterday’s story with information on the government’s move to dismiss the suit. In a commentary that unapologetically sides with Specialist Hall, CNN’s Randi Kaye notes that Hall, an atheist,
…isn’t seeking money, just religious freedom…
Kaye then expresses shock that the defendant would have the gall to ask for the suit to be dismissed:
[T]he U.S. Government, the very government Hall agreed to serve and risk his life for, wants his lawsuit tossed out.
The only response included in the commentary is Hall’s admission that much of the premise of the government’s motion to dismiss is correct: he did not use any of the in-place military processes to address his griveances, because “nothing ever gets done.”
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
The Kansas City Star, which has increasingly become an outlet for press releases from the Military Religious Freedom Foundation, noted that Weinstein’s MRFF has complained of a broadcast by the Trinity Broadcasting Network that contains military content. The 2-hour video, the “Red, White and Blue Spectacular” hosted by Christian music singer Carman, was filmed in 2003 and rebroadcast in 2005 as a military-focused independence celebration. The video is scheduled to be rebroadcast this year.
The primary complaint was an interview with then-Major General Van Antwerp, who was also then-President of the Officers’ Christian Fellowship. Carman was also given a tour of an Aegis cruiser and an interview with the uniformed Pentagon Chaplain.
Weinstein, who calls this a “repeat” of the “putrescent disgrace” of the Christian Embassy filming Read more
As noted at the ADF, the AP has reported that an Army Private contacted the Military Religious Freedom Foundation after the Army autopsied his deceased infant son. The Private indicated that he was Muslim and objected to the autopsy on religious grounds. Reports indicate that the MRFF plans to include this, as everything else, in their ongoing lawsuit.
While the situation is regrettable, it is not isolated to this military case or this religion. Many government offices perform autopsies over the religious objections of the family, and the courts have apparently supported their ability to do so–particularly when the cause of death is suspect, as it was in this case. It is not, then, a case of military “anti-Islamic prejudice and bigotry,” as Michael Weinstein asserts.
It is also worth noting that the religious opposition to autopsy is equally valid in Christian, Jewish, and Islamic faiths. There is no objection to the practice in their core doctrines, though “interpretation” in each could lead to the conclusion.
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”).
As previously noted, the National Day of Prayer is May 1st, by virtue of Presidential declaration and in accordance with US law. According to the Christian Science Monitor, the Military Religious Freedom Foundation has complained that the NDP “task force” (associated with Focus on the Family) has coordinated with military bases and Chaplains for the observance. Using his oft-repeated hyperbolic and alliterative talking points, Weinstein promised
that the Military Religious Freedom Foundation fully [intended] to include this despicable collusion in [their] current Federal litigation against the Department of Defense as yet another stunning example of a pernicious and pervasive pattern and practice of unconstitutional rape [of] religious liberties…
Jason Leopold, a former journalist and frequent voice for the MRFF, took issue with the fact that coordinators for the task force were required to sign a statement that ‘confirmed their commitment to Christ.’ Read more
As previously noted, US Army soldier Jeremy Hall, represented by the MRFF, has sued the Army. The Associated Press picked up on the story, and it is now on CNN and Fox.