[Peace-discuss] Killer Koh & Racist Illinois Nazis Law Faculty v. Drone Resisters Acquitted, Juror Tells Them: "Keep Doing It" -- Interviews Available

[Boyle, Francis A]

DECLARATION OF FRANCIS A. BOYLE
            Pursuant to 28 USC 1746, Francis A. Boyle declares under penalty of perjury:
1. I am a Professor of Law at the University of Illinois College of Law in Champaign, Illinois.  I hold a Doctor of Law Magna Cum Laude from Harvard Law School and an A.M. and Ph.D. in Political Science from the Harvard Graduate School of Arts and Sciences, Department of Government, where I specialized in International Political Science and its relationship to International Law.  I graduated from the same Harvard Ph.D. Program that produced Henry Kissinger, Zbigniew Brzezinski, Samuel Huntington et al. before me.  My resume is attached to this Declaration and is hereby incorporated by reference.
2. I am an expert in International Law and Foreign Policy.  I have studied, read, taught, and written extensively in these areas, and have been qualified as an expert witness in several courts across the country and abroad.  I also currently teach a course on The Constitutional Law of U.S. Foreign Affairs.  Previously, I taught the course here on Criminal Law for several years.
3. I have been qualified as an Expert and testified in U.S. military court-martial proceedings involving (1) U.S.M.C. Corporal Jeff Paterson (1990); (2) U.S. Army Captain Doctor Yolanda Huet-Vaugn (1991); (3) U.S. Army Captain Lawrence Rockwood (1995); (4) U.S. Army Reserve Staff Sergeant Camilo Mejia (2003); and (5) U.S. Army First Lieutenant Ehren Watada (2006).
4. In 1983 the United States Military Academy at West Point invited me to lecture and debate before their 21st Senior Conference on Nuclear Deterrence on the subject of Nuclear Deterrence and International Law.  The audience consisted of about 200 high-level officials from the United States government in charge of U.S. nuclear weapons policies, both military and civilian.  Sitting in the audience for my entire presentation was the 3-Star General in charge of War Operations at the Pentagon.
5. Starting in October of 2001, the United States war against Afghanistan has been and still is an illegal war of aggression that violates the United Nations Charter (1945), the Nuremberg Charter (1945), the Nuremberg Judgment (1946), and the Nuremberg Principles (1950).  Therefore the U.S. war against Afghanistan constitutes a Nuremberg Crime against Peace against the State of Afghanistan, its Taliban Government, Taliban government officials, Taliban combatants, and the citizens of Afghanistan.  The reasons for these conclusions are set forth in two scholarly essays I have published: George Bush, Jr., September 11 and the Rule of Law, in my book The Criminality of Nuclear Deterrence 16-39 (Clarity Press: 2002); and No War Against Afghanistan!, in my book Tackling America’s Toughest Questions 24-38 (Clarity Press: 2009).  I have attached copies of these essays to this Declaration and hereby incorporate them by reference.
6. In addition, I also wish to draw to the Court’s attention the memoirs by Richard A. Clark, Chairman of the Counter-terrorism Security Group at the White House under President George Bush Jr. on September 11, 2001, Against All Enemies (2004), at page 24: “When later in the discussion [on the evening of Sept. 11, with Bush and his crisis advisors], Secretary Rumsfeld noted that international law allowed the use of force only to prevent future attacks and not for retribution, Bush nearly bit his head off.  ‘No,’ the President yelled in the narrow conference room, ‘I don’t care what the international lawyers say, we are going to kick some ass.’” (Emphasis added.)
7.         The Nuremberg Crime Against Peace has been expressly incorporated into Department of the Army Field Manual 27-10, The Law of Land Warfare (1956), which in relevant part provides as follows:
Section II.  CRIMES UNDER INTERNATIONAL LAW
            498.  Crimes Under International Law
Any person, whether a member of the armed forces or a civilian, who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.  Such offenses in connection with war comprise:

a.     Crimes against peace.

b.     Crimes against humanity.

c.     War crimes.
….
8.         U.S. Army Field Manual 27-10 (1956) was drafted for the United States Army by then Major Richard R. Baxter.  Professor Baxter later taught me his course on The Laws of War at Harvard Law School.  I was the top student in his class and Professor Baxter recommended me for my current position as a law professor.  Professor Baxter was later elected a Judge on the International Court of Justice, the so-called World Court of the United Nations System.  While he was alive, Professor Baxter was generally considered to be the world’s leading expert on the Laws of War.
9.         Therefore, I am uniquely qualified to testify concerning the relevance of the Laws of War to these proceedings.  The Defendants have asked me to testify.  I have agreed to testify.  I hereby respectfully request this Honorable Court to permit me to testify at this trial.
10.       Since the terrible terrorist attacks of September 11, 2001, the United Government and its Armed Forces and the Central Intelligence Agency have operated in accordance with the Doctrine of the Global Battlefield.  Pursuant thereto, the United States Government, United States Armed Forces as well as the Central Intelligence Agency will target and have targeted with deadly force including and especially by means of drones supposed combatants anywhere in the world:
            And even if the supposed combatants are far from any field of battle.
            And even if the supposed combatants are sleeping in their beds at home at night with their wives and their children far from any field of battle.
            And even if the supposed combatants are citizens of the United States of America.
11.       These and other U.S. targeting doctrines for the declared U.S. Global Battlefield Doctrine by means of drones and otherwise constitute Crimes against Peace, Crimes against Humanity, and War Crimes.
12.       Wherefore I most respectfully request this Honorable Court to permit me to testify in these proceedings.
13.       I declare under penalty of perjury that the foregoing is true and correct.  I am prepared to testify under oath and answer questions on these and related matters.
            Most respectfully submitted by,




            FRANCIS ANTHONY BOYLE
            Professor of Law
            University of Illinois College of Law
            Law Building
            504 E. Pennsylvania Ave.
            Champaign, IL 61820 USA
            217-333-7954 (phone)
            217-244-1478 (fax)

            Signed this 23rd day of
            January 2014, at Champaign, Illinois
Attachments
.       Since the terrible terrorist attacks of September 11, 2001, the United Government and its Armed Forces and the Central Intelligence Agency have operated in accordance with the Doctrine of the Global Battlefield.  Pursuant thereto, the United States Government, United States Armed Forces as well as the Central Intelligence Agency will target and have targeted with deadly force supposed combatants anywhere in the world:
            And even if the supposed combatants are far from any field of battle.
            And even if the supposed combatants are sleeping in their beds at home at night with their wives and their children far from any field of battle.
            And even if the supposed combatants are citizens of the United States of America.
            And apparently even if the supposed combatants are located within the United States of America.
11.       These U.S. targeting doctrines for the declared U.S. Global Battlefield Doctrine have been officially authorized, approved, and justified by, among others:
            1. President Barack Obama, Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution and thus Commander-in-Chief of everyone involved in these proceedings except for civilians..  President Obama is a distinguished graduate of the Harvard Law School and used to teach law at the University of Chicago Law School.
2. U.S. Attorney General Eric Holder, including but not limited to a March 2012 speech he delivered at Northwestern Law School in Chicago, Illinois at the specific request of their Dean Daniel Rodriguez and for which he received standing ovations by the Northwestern Law Professors in attendance.
3. General Counsel for the U.S. Department of Defense, Mr. Jeh Johnson.
4. Legal Adviser to the United States Department of State, Yale Law Dean and Law Professor Harold Koh, who has now returned to teach at Yale Law School.
5. Mr. John Brennan, Counter-terrorism Advisor to President Obama at the White House and now Director of the U.S. Central Intelligence Agency as confirmed by the United States Senate.
6. Two Law Professors working for the Department of Justice, Office of Legal Counsel: Harvard Law Professor David Barron, who has now returned to teach at Harvard Law School; and Georgetown Law Professor Martin Lederman, who has now returned to teach at Georgetown Law School.
7. Numerous Members of the Honorable United States House of Representatives and Numerous Members of the Honorable United States Senate, many of whom are distinguished Lawyers with substantial Legal Experience and Credentials.




Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

From: Boyle, Francis A
Sent: Friday, March 03, 2017 8:45 AM
To: Estabrook, Carl G <galliher at illinois.edu>; Jay Becker <futureup2us at gmail.com>; Hoffman, Valerie J <vhoffman at illinois.edu>; Karen Aram <karenaram at hotmail.com>; peace-discuss at anti-war.net; C. G. ESTABROOK <carl at newsfromneptune.com>; a-fields at uiuc.edu; Miller, Joseph Thomas <jtmiller at illinois.edu>; Szoke, Ron <r-szoke at illinois.edu>; sherwoodross10 at gmail.com; Arlene Hickory <a23h23 at yahoo.com>; peace-discuss-request at lists.chambana.net; David Swanson <davidcnswanson at gmail.com>; Dave Trippel <davetrippel at ameritech.net>; abass10 at gmail.com; mickalideh at gmail.com; Lina Thorne <lina at worldcantwait.net>; chicago at worldcantwait.net; Mildred O'brien <moboct1 at aim.com>; David Johnson <davidjohnson1451 at comcast.net>; Joe Lauria <joelauria at gmail.com>; David Green <davegreen84 at yahoo.com>
Subject: Killer Koh & Racist Illinois Nazis Law Faculty v. Drone Resisters Acquitted, Juror Tells Them: "Keep Doing It" -- Interviews Available



Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

From: Institute for Public Accuracy . [mailto:accuracy at accuracy.org]
Sent: Friday, March 03, 2017 8:37 AM
To: francis.a.boyle at gmail.com<mailto:francis.a.boyle at gmail.com>
Subject: Drone Resisters Acquitted, Juror Tells Them: "Keep Doing It" -- Interviews Available

[http://app.meltwaterpress.com/mpress/statistic.html?accessCode=ba1648e102173a2f904204452fee1f5ced19cee2&distributionId=522737&contact=francis.a.boyle@gmail.com]
Drone Resisters Acquitted, Juror Tells Them: "Keep Doing It"<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.accuracy.org_release_drone-2Dresisters-2Dacquitted-2Djuror-2Dtells-2Dthem-2Dkeep-2Ddoing-2Dit_&d=DwMFaQ&c=8hUWFZcy2Z-Za5rBPlktOQ&r=ZL1Vbu64G11jiSWs1nGO4w44Zymu0n99RDk8VVDrQFY&m=LQHpviXNUEU2UI75ioPVkPUQtLUaK1N6Z4Fzgyk_F2Q&s=nDNVvu6wr01Gr4UUpOZUg3FRQYPjkZeZHBup0lK8rvQ&e=>

The Washington Post reports: "The United States conducted a series of airstrikes on al-Qaeda targets in Yemen on Thursday, the Pentagon said, in another sign of the Trump administration’s expanding counterterrorism campaign there."

See from Micah Zenko of the Council on Foreign Relations: "The (Not-So) Peaceful Transition of Power: Trump’s Drone Strikes Outpace Obama<https://urldefense.proofpoint.com/v2/url?u=http-3A__blogs.cfr.org_zenko_2017_03_02_the-2Dnot-2Dso-2Dpeaceful-2Dtransition-2Dof-2Dpower_&d=DwMFaQ&c=8hUWFZcy2Z-Za5rBPlktOQ&r=ZL1Vbu64G11jiSWs1nGO4w44Zymu0n99RDk8VVDrQFY&m=LQHpviXNUEU2UI75ioPVkPUQtLUaK1N6Z4Fzgyk_F2Q&s=XSBuOWtNzYuKb_piPDdpPJC6pu_Hk8A_2jUm9oNXGcQ&e=>."

JAMES RICKS, cell: (607) 280-7794<tel:%28607%29%20280-7794>, chavoc32 at gmail.com<mailto:chavoc32 at gmail.com>
ED KINANE, (315) 478-4571<tel:%28315%29%20478-4571>, edkinane at verizon.net<mailto:edkinane at verizon.net>
BRIAN HYNES, (718) 838-2636<tel:%28718%29%20838-2636>, brianhynes at verizon.net<mailto:brianhynes at verizon.net>

   The group UpstateDroneAction.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__UpstateDroneAction.org&d=DwMFaQ&c=8hUWFZcy2Z-Za5rBPlktOQ&r=ZL1Vbu64G11jiSWs1nGO4w44Zymu0n99RDk8VVDrQFY&m=LQHpviXNUEU2UI75ioPVkPUQtLUaK1N6Z4Fzgyk_F2Q&s=jVxhSqrl18AafvD7KZuQUI2SpgsP0iMFTqbtSY7PRe0&e=> released a statement Friday morning: "Four drone resisters, James Ricks, Daniel Burns, Brian Hynes, and Ed Kinane, from the 2015 big books action were found innocent of all charges at 11 p.m. at the Dewitt Town Court. After deliberating for only about a half hour, the jury returned with a verdict of not guilty on all charges. Applause erupted in the courtroom upon the jurors’ announcement of the verdict. The four were charged with obstruction of government administration, disorderly conduct, and trespass and faced a year in jail. Following the rendering of the verdict, a juror approached Brian Hynes and said 'I really support what you are doing. Keep doing it.'

    "During the trial, Brian Hynes told the jury, 'This is not a case about contested facts, this is a case about contested meanings.' Hynes went on to explain to the jury that they could, in the words of the 4th Circuit of Appeals, acquit for any reason which appeals to their logic or passion. In powerful testimony, James Ricks told the jury about meeting the families of drone victims and seeing the wreckage of hellfire missiles. Jurors were brought to tears several times. Daniel Joseph Burns said, 'Would any of us deem it acceptable for our precious loved ones to be sacrificed for another nation’s anticipatory self-defense? Of course not!  Moreover, if drones were being aimed at my children by another country, I would hope with all my might that the citizens of that country might try and stop their country’s illegal and immoral actions.' Ed Kinane told the jury in clear and powerful language about his time living in Iraq during the war and about the terror sown by drones...

    "The trial resulted from an action on March 19, 2015. On the 12th anniversary of the U.S.’ illegal invasion of Iraq, seven members of the Upstate Coalition to Ground the Drones and End the Wars shut the main gate of the Hancock Drone Ba-e (near Syracuse, NY) with a giant copy of the UN Charter and three other giant books – Dirty Wars (Jeremy Scahill), "Living Under Drones" (NYU and Stanford Law Schools), and "You Never Die Twice" (Reprieve).
[https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gif]

    "The nonviolent activists also held a banner quoting Article 6 of the U.S. Constitution, stating that every treaty signed becomes the supreme law of the land. They brought the books to Hancock to remind everyone at the base of the signed treaties that prohibit the killing of civilians and assassinations of human beings. The group attempted yet again to deliver a citizens’ indictment for war crimes to the Hancock Air base chain of command."

For more information, contact at the Institute for Public Accuracy:
Sam Husseini, (202) 347-0020<tel:%28202%29%20347-0020>, (202) 421-6858<tel:%28202%29%20421-6858>; David Zupan, (541) 484-9167<tel:%28541%29%20484-9167>

March 3, 2017

Institute for Public Accuracy
980 National Press Building, Washington, D.C. 20045
(202) 347-0020<tel:%28202%29%20347-0020> * accuracy.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__accuracy.org&d=DwMFaQ&c=8hUWFZcy2Z-Za5rBPlktOQ&r=ZL1Vbu64G11jiSWs1nGO4w44Zymu0n99RDk8VVDrQFY&m=LQHpviXNUEU2UI75ioPVkPUQtLUaK1N6Z4Fzgyk_F2Q&s=EAQZzEO0Q64Up7lir-5iJJ7M3TUGlpPgG_cEwhiVwPU&e=> * ipa at accuracy.org<mailto:ipa at accuracy.org>




Disclaimer: This email was sent to francis.a.boyle at gmail.com<mailto:francis.a.boyle at gmail.com>
Institute for Public Accuracy, 980 National Press Building, Washington, DC, 20045, United States
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