U.S. Marines: Guilty Until Proven Innocent!

In another glaring example of social media hypocrisy GoFundMe has shutdown the fundraising account of the “MarSoc 3”.  

“New York, NY…In a clear violation of the due process guarantees contained within the 5th and 14th Amendments to the Constitution, GoFundMe scrapped one of the most sacred principles in the American criminal justice system – that a defendant is innocent until proven guilty- by shutting down a fundraiser for three highly decorated American servicemen, including two people of color and a special operations-trained medic who has saved lives on several combat tours.  

The “MarSoc 3” have served over 18 years in the military, had seven deployments including multiple tours to both Iraq and Aghanistan, and been decorated for valorous, distinguished and honorable service.  The servicemen are devoted husbands, fathers and community members. 

Phillip Stackhouse, civilian attorney for Gunnery Sergeant Draher said, “Despite raising hundreds of thousands of dollars for questionable causes, including legal defense funds for violent crimes resulting in multiple deaths and injuries, GoFundMe recently shut down a fundraiser for the families of a trio of highly decorated American servicemen.  Worse, this is a clear case of self-defense proven by video evidence in which an NIS investigator testified exonerated the men. 

Marine Gunnery Sergeants Daniel Draher and Joshua Negron, and Navy Chief Petty Officer Eric Gilmet were deployed with the Special Operations Task Force North in Erbil, Kurdistan when they were physically attacked by a drunk, civilian contractor.

[After failing to provoke a fight with the medic inside a restaurant the contractor waited outside for the three Marine special operators.  Exiting the restaurant approximately thirty minutes later..] the drunken contractor poked, headbutted and then punched one of the Marines twice in the face.  The other Marine blocked the oncoming third assault in self-defense.  The drunken contractor fell and became unconscious.  While the contractor’s colleagues all abandoned him, the Marine Special Operators remained to help their snoring attacker.  The medic provided medical attention and the team safely escorted the contractor back to base where the medic observed the contractor for awhile to ensure the contractor’s stability due to his high level of intoxication then placed him under the supervision of a fellow contractor.  Hours later,  the team was notified the contractor was in need of medical attention and they responded to provide life-saving measures.  The contractor was subsequently transferred to a hospital in Germany where, four days later, he died.

The Commanding General’s response was to preemptively remove the three men from their duty positions, suspend their security clearances, special duty pay, and promotions despite an incontrovertible video showing the contractor as the initiating aggressor and the Marines simply defending themselves.  Instead the men were immediately libeled by Commanding General Y00 (since then, allegedly, relieved of command and retired early) in official communications causing extensive character assassination and illegal command influence among the Marines’ peers, neighbors and chain of command.  Ignoring the exonerating video, General Yoo expedited the case to a General Court Martial charging the Marines with manslaughter carrying a possible sentences of years in prison.”  

In any civilian jurisdiction with any District Attorney there would have been no charges filed.  The case rests on the legal principle of who did what that initiated the incident.  The video and witness testimony show it was the drunk defense contractor.  All subsequent legal consequences fall on him from his assault on the Marines.  A secondary legal principle is did the Marines use more than reasonable force to defend themselves.  No. One punch stopped the assault by the defense contractor and, not only did the Marines not abandon the drunk contractor who had assaulted them (like his buddies), but they rendered aid and comfort to him in spite of his assault on them! How is this criminal?

If this case had gone to court in the civilian world it would have been thrown out not only on the evidence but due to the egregious tampering of the jury pool by General Yoo’s well-publicized misconduct in pre-trial libeling and character assassination.  You don’t get promoted by going against the commanding general’s wishes on a hand-picked jury.  The common practice of command influence in the military is known in the civilian world as a “chilling effect” on the justice system.  The U.S. Supreme Court has reversed convictions on less.  General Yoo has, allegedly, been quietly relieved and retired early.  As he was the only one who felt these warriors should be charged it is worth asking why the case continues?  The answer: public and political appearances.  Meanwhile these men are denied the opportunity to continue serving their country, facing hearing after hearing, suffering continued unjustified humiliation and increasing lawyer fees. The general who created their misery is allowed to retire a general with full benefits and, probably, get even richer as a defense contractor.  How is this justice? 

The only person who can cut through this gross miscarriage of justice is President Trump.  He has the troops back!

As an example of the GoFundMe hypocrisy, while cancelling these warrior’s account, it has allowed:

     – Felony Murder and Aggravated Assault.

     – Assaulting a police officer (charged with 3 felonies).

     – Harboring a fugitive charged with felony violation of the U.S. Espionage Act

Their attorneys have demanded GoFundMe reinstate the MarSoc 3’s fundraiser account.  

For more information, visit the Born to Serve website at info@born2serve.com  

Media contact: Chapin Fay, chapin@lighthousepublic.com   (646) 504-1776

Thank you for any support you may offer.  

 

About Mike

Former Vietnam Marine; Retired Green Beret Captain; Retired Immigration Inspector / CBP Officer; Author "10 Years on the Line: My War on the Border," and "Collectanea of Conservative Concepts, Vols 1-3";
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