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Dead Constitution
See other Dead Constitution Articles

Title: Meet Whistleblower and Hero Lt. Eric Shine
Source: The Populist Party
URL Source: http://www.populistamerica.com/meet ... eblower_and_hero_lt_eric_shine
Published: May 25, 2007
Author: unk
Post Date: 2008-06-26 21:52:44 by rack42
Keywords: torture, corruption, coast guard
Views: 62
Comments: 1

Striking at the Heart of Unconstitutional Darkness in America's Military

America has deliberately driven hundreds, perhaps thousands, of political prisoners insane. What is on happening in the United States is not just one man's mental state. It is the whole system of US psychological torture. The whole story can be encapsulated in one man's story.

Lt. Eric Shine's background reads like a packet of pedigrees: his father and brother attended West Point, and he himself graduated with the highest honors from Kings Point, the sister academy to West Point and Annapolis which ranks even higher than M.I.T. for having graduates as C.E.O's, Presidents of Boards of Corporations, and other accolades; he was congressionally appointed as a Llicensed and decreed degreed Federal and Military Maritime Officer to serve in and throughout the maritime industry and US Merchant Marine on "special duty"; awarded a US Navy Commission with a Top Secret Service clearance in marine engineering; sailed as a Federal Maritime 0fficer for numerous shipping companies (formerly American owned, now flying foreign flags) and, above all, Lt. Shine has been afforded unparalleled access to the inner workings of our government and US corporations as Federal contractors.

Yet today, despite all of his accomplishments, the truly brilliant and highly accomplished, articulate and educated Lt. Eric Shine is hunted and hounded by the Bush Administration.

Lt. Eric Shine's eyes look out at the world with knowing scorn. He should be scornful. For the past four years, Homeland Security has been using our resources to target, hold, detain and prosecute this dissenting Federal officer with bogus and trumped-up charges. The charge of the Bush brigade: Lt. Shine is depressed. Yes, seriously. There have been no valid charges brought against him, nor has Lt. Shine been able to see the evidence against him, nor has be able to face his accusers or been afforded any level of due process which is tantamount to a gross violation of constitutional protections and human rights. Federal officers have actually suggested that he "blow himself away."That is just for starters in what Lt. Shine has been forced to endure for the past 4 years or more.

Beyond belief, while Lt. Shine is being prosecuted for medical mental incompetence by Homeland Security's new "Prevention" Department, he is expected to defend himself. In fact, what is happening is that the Executive branch is violating the fundamental principle in the [most fundamental and core doctrine of the" separation of powers" created by our founding fathers.

The ire that has put the Bush administration on fire: Lt. Shine has been enormously outspoken against Bush's war on Iraq, Republican war profiteering, the sabotaging of the American economy by the use of Fair Trade Agreements, and the privatizing of U.S. Treasury assets [to the point of trying to cure this in the courts where a new U.S. Program of Legal Warfare was launched against Lt. Shine]. [A program the administration has itself coined as Legal Warfare - or Law fare.] Lt. Shine declares: US war crimes and atrocities should be seen as the direct consequence of a foreign policy and military agenda, which supports US corporate interests, including the oil giants, the Wall Street financial establishment and the big six defense contractors [and all those who will do their bidding].

The very idea that an American citizen can be imprisoned without recourse to judicial process or remedy, [and on trumped up and bogus charges in the face of overwhelming force] and that this can be done on the sole say-so of the President of the United States or those acting in his name, is beyond the pale and un-American, and must to be stopped.

Thousands of Americans have voiced opposition to the military/entertainment [industrial/ religious] complex that is the Bush administration, but when an officer of Shine's rank and accomplishment voices articulate opposition, the whole military [and corporate machinery] machine must take note. It means dissent has crept up the chain of command, potentially undermining the whole war effort.

Lt. Shine's stance is the product of profound reflection on taking personal responsibility for halting the US government's careening course toward authoritarianism and criminality and protection of the U.S. Constitution that he swore an oath to defend against all enemies - foreign and domestic. His claims are based on the fact that that the Administration is breaking state, federal, constitutional, and even international law. His case addresses the soft underbelly of the Bush project--the subversion of US government and rule of law - not men in the name of the "war on terror."

In the context of plummeting support for the war and cascading evidence of officially concealed criminal acts by US forces, the potential by Lt. Shine to focus public attention on possible US war crimes is enormous.

Under military law, military personnel have the right to refuse to carry out illegal orders; in fact, they have a duty not to commit war crimes and to go even further as Lt. Shine has done - to confront them head on. According to Article 32 of the Uniform Code of Military Justice, Shine retains the right to a preliminary hearing to "present anything he may desire in his own behalf, either in defense or mitigation." Under Article 46 defendants are allowed at trial to "compel witnesses to appear and testify and to compel the production of other evidence."

On its face the statute appears to allow a war crimes defense. In practice, however, defenses under international law are often denied, based on the military's "fundamental necessity for obedience," a principle affirmed by the Supreme Court in 1974. Lt. Shine maintains he owes obedience to the Constitution--not to officials who are abusing it [and his rights do not come from under just the UCMJ - but under constitutional, general maritime and admiralty law due to his position as a Constitutional Officer in the form of a Federal Maritime Officer from Kings Point.

Anyone who believes in justice must demand that Lt. Shine's case should provide him reasonable opportunity to defend himself with assistance of counsel and] prove his case for US war crimes, including the right to subpoena witnesses and government documents. Without such rights, the case will be nothing but a kangaroo court, violating the very national and international norms that the government is required to respect. [The legal norm is that any and all cases are intended to be seen from "... under the light of all existing circumstances".

Under our constitution, the right and duty to obey conscience is paramount, God-Given, and inalienable.

Cut to the case: Lt. Shine needs our [immediate] help, morally and financially. He needs proper, independent counsel, plus a legal defense fund.

The World is at the crossroads of the most serious crisis in modern history. The US has embarked on aggressive military adventures, "long wars", which threaten the future of humanity. It is incumbent upon all of us who love and respect our country's values to intervene immediately and help support and defend Lt. Eric Shine.

--

Jeff Farias - Lt. Eric Shine Interview (01/02)

http://www.youtube.com/watch?v=B-B3SGDWrcE

Jeff Farias - Lt. Eric Shine Interview (02/02)

http://www.youtube.com/watch?v=j64RCRd9-xA&feature=related

---

Lt. Shine doesn't exist:

http://equalcivilrights.blogspot.com/2008/03/eric-shine-naval-officer-navy-ig-says.html


Poster Comment:

I don't know what to make of this, except that the fascist push is on.

I'm rather disturbed that no names are mentioned.

Who are the "doctors" that determined that Lt. Shine is depressed?

Something smells about this "whistleblower."

Officers are awarded commissions by Congress? No? Is there a site that lists commissions?

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#1. To: rack42 (#0)

Smells.

No part of it or Shine.

Cynicom  posted on  2008-06-26   22:00:37 ET  Reply   Trace   Private Reply  


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