Criticizing Bush Leads To Charges Of Sedition
The sad part is that there has been precious little coverage of the plight of Laura Berg, Sunday’s New York Times editorial notwithstanding.
Now, the PEN American Center is honoring the VA psychiatric nurse who wrote a scathing letter to the editor of Alibi, an Albuquerque newspaper critical of the Bush administration in the wake of Hurricane Katrina.
“I am furious with the tragically misplaced priorities and criminal negligence of this government,” it began. “The Katrina tragedy in the U.S. shows that the emperor has no clothes!” She mentioned that she was “a VA nurse” working with returning vets. “The public has no sense of the additional devastating human and financial costs of post-traumatic stress disorder,” she wrote, and she worried about the hundreds of thousands of additional cases that might result from Katrina and the Iraq War.
“Bush, Cheney, Chertoff, Brown, and Rice should be tried for criminal negligence,” she wrote. “This country needs to get out of Iraq now and return to our original vision and priorities of caring for land and people and resources rather than killing for oil. . . . We need to wake up and get real here, and act forcefully to remove a government administration playing games of smoke and mirrors and vicious deceit.
Otherwise, many more of us will be facing living hell in these times.”
Those words resulted in her being accused of possible sedition by a Veterans Affairs investigator. The VA retreated, finally, after which she was told by a superior not to refer to herself as a VA nurse in future exercises of her First Amendment. She refused.
Sedition is defined by Princeton’s wordnet as “an illegal action inciting resistance to lawful authority and tending to cause the disruption or overthrow of the government”.
Sadly, there has been almost no coverage of this in the mainstream press. A Google news search of “‘Laura Berg’ nurse” brings up just two articles about the PEN award, but none about the events leading to that honor. Hopefully, with new attention to what Berg has done, will come a greater awareness of what can potentially happen in the “land of the free” when an American exercises a Constitutional right to speak out against an incompetent administration.
I agree with everything she said. I would like to point out that many of us work for companies that require confidentiality about practices, procedures, trade secrets, etc. I think that the VA made a perfectly reasonable request for her to not use their company/govt name in her letters.
I’m on the fence on this one. If I could interview her, I’d ask her the following:
1. Did you try to resolve what you see as govt shortcomings in treatment for veterans within the VA before taking these concerns to the public? If so, did the VA refuse to improve their procedures for treating vet’s suffering from PTSD?
2. Other than writing this letter, what are you doing to help enact policy change about the medical and psychological treatment of vets?
April 27th, 2008 at 12:51 pm
Does this mean that you’ll be doing some segments on H&C on this soon? Oh wait, I forgot. You don’t choose the segments.
April 27th, 2008 at 2:08 pm
Why charge her with any crime, isn’t she exercising free speech? The people who charged her should have countered her points with their own facts..if they had any.
As far as going to superiors and working within the ’system’, I’ve been in big outfits and have found that they are very hard to motivate or change in any way especially if you are just ‘an employee’. Sometimes you are even met with..”just shut-up and do your job”.
I applaud her and most every other “Whistleblower” for their courage.
April 27th, 2008 at 2:24 pm
Cheryl is a pretty tough judge. VA nurses do not make VA policy. But they are citizens who have every right to criticize this administration and its VA arm which has recently admitted about mistaking 700+ suicides for 10000+ which was the real figure. Wars are not cheap. This administration planned for a short war and never considered the consequences that they might be incorrect. The good news is more injured troops are living…the bad news is that some of these lives are living hell…especially the tbi and multi-trauma cases. For this the VA was and remains badly unprepared (although positive efforts are now being made). The positive efforts are primarily do to the critics and whistle blowers, not the inept leaders who got us into this mess and still have no plan to get out!
April 27th, 2008 at 2:30 pm
She said “act forcefully to remove a government administration….” What does “act forcefully” mean? “Forcefully” means “full of force.” Forcibly remove? I’m not for shutting people up who disagree, but couldn’t that be interpreted to be seditious?
—
Dictionary.com:
se·di·tion
–noun
1. incitement of discontent or rebellion against a government.
2. any action, esp. in speech or writing, promoting such discontent or rebellion.
3. Archaic. rebellious disorder.
—
Let me play devil’s advocate. What would YOU consider to be seditious? Anything?
See, there’s no problem calling this administration incompetent, corrupt, inept, etc., which you do all the time, Alan. Perfectly reasonable and free speech. But when “actionable” words are added, isn’t that different? That “act forcefully” is borderline.
April 27th, 2008 at 2:44 pm
Next post is long
April 27th, 2008 at 3:02 pm
500 error?
April 27th, 2008 at 3:02 pm
what the hell?
April 27th, 2008 at 3:02 pm
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 18USC2383]
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 115–TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion
or insurrection against the authority of the United States or the laws
thereof, or gives aid or comfort thereto, shall be fined under this
title or imprisoned not more than ten years, or both; and shall be
incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 4 (Mar. 4, 1909, ch. 321,
Sec. 4, 35 Stat. 1088).
Word “moreover” was deleted as surplusage and minor changes were
made in phraseology.
Amendments
1994–Pub. L. 103-322 substituted “fined under this title” for
“fined not more than $10,000”.
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=320885157882+3+0+0&WAISaction=retrieve
April 27th, 2008 at 3:03 pm
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 18USC2385]
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 115–TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or teaches
the duty, necessity, desirability, or propriety of overthrowing or
destroying the government of the United States or the government of any
State, Territory, District or Possession thereof, or the government of
any political subdivision therein, by force or violence, or by the
assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any
such government, prints, publishes, edits, issues, circulates, sells,
distributes, or publicly displays any written or printed matter
advocating, advising, or teaching the duty, necessity, desirability, or
propriety of overthrowing or destroying any government in the United
States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society,
group, or assembly of persons who teach, advocate, or encourage the
overthrow or destruction of any such government by force or violence; or
becomes or is a member of, or affiliates with, any such society, group,
or assembly of persons, knowing the purposes thereof–
Shall be fined under this title or imprisoned not more than twenty
years, or both, and shall be ineligible for employment by the United
States or any department or agency thereof, for the five years next
following his conviction.
If two or more persons conspire to commit any offense named in this
section, each shall be fined under this title or imprisoned not more
than twenty years, or both, and shall be ineligible for employment by
the United States or any department or agency thereof, for the five
years next following his conviction.
As used in this section, the terms “organizes” and “organize”,
with respect to any society, group, or assembly of persons, include the
recruiting of new members, the forming of new units, and the regrouping
or expansion of existing clubs, classes, and other units of such
society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec. 2,
70 Stat. 623; Pub. L. 87-486, June 19, 1962, 76 Stat. 103; Pub. L. 103-
322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 10, 11, 13 (June 28,
1940, ch. 439, title I, Secs. 2, 3, 5, 54 Stat. 670, 671).
Section consolidates sections 10, 11, and 13 of title 18, U.S.C.,
1940 ed. Section 13 of title 18, U.S.C., 1940 ed., which contained the
punishment provisions applicable to sections 10 and 11 of title 18,
U.S.C., 1940 ed., was combined with section 11 of title 18, U.S.C., 1940
ed., and added to this section.
In first paragraph, words “the Government of the United States or
the government of any State, Territory, District or possession thereof,
or the government of any political subdivision therein” were
substituted for “any government in the United States”.
In second and third paragraphs, word “such” was inserted after
“any” and before “government”, and words “in the United States”
which followed “government” were omitted.
In view of these changes, the provisions of subsection (b) of
section 10 of title 18, U.S.C., 1940 ed., which defined the term
“government in the United States” were omitted as unnecessary.
Reference to conspiracy to commit any of the prohibited acts was
omitted as covered by the general conspiracy provision, incorporated in
section 371 of this title. (See reviser’s note under that section.)
Words “upon conviction thereof” which preceded “be fined” were
omitted as surplusage, as punishment cannot be imposed until a
conviction is secured.
The phraseology was considerably changed to effect consolidation but
without any change of substance.
Amendments
1994–Pub. L. 103-322 substituted “fined under this title” for
“fined not more than $20,000” in fourth and fifth pars.
1962–Pub. L. 87-486 defined the terms “organizes” and
“organize”.
1956–Act July 24, 1956, substituted “$20,000” for “$10,000”,
and “twenty years” for “ten years” in the paragraph prescribing
penalties applicable to advocating overthrow of government and inserted
provisions relating to conspiracy to commit any offense named in this
section.
Effective Date of 1956 Amendment
Amendment by act July 24, 1956, as applicable only with respect to
offenses committed on and after July 24, 1956, see section 3 of act July
24, 1956, set out as a note under section 2384 of this title.
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=320885157882+10+0+0&WAISaction=retrieve
April 27th, 2008 at 3:04 pm
CITE-
18 USC Sec. 2384 01/02/2006
-EXPCITE-
TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 115 – TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
-HEAD-
Sec. 2384. Seditious conspiracy
-STATUTE-
If two or more persons in any State or Territory, or in any place
subject to the jurisdiction of the United States, conspire to
overthrow, put down, or to destroy by force the Government of the
United States, or to levy war against them, or to oppose by force
the authority thereof, or by force to prevent, hinder, or delay the
execution of any law of the United States, or by force to seize,
take, or possess any property of the United States contrary to the
authority thereof, they shall each be fined under this title or
imprisoned not more than twenty years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec.
1, 70 Stat. 623; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N),
Sept. 13, 1994, 108 Stat. 2148.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 6 (Mar. 4, 1909, ch.
321, Sec. 6, 35 Stat. 1089).
AMENDMENTS
1994 – Pub. L. 103-322 substituted “fined under this title” for
“fined not more than $20,000″.
1956 – Act July 24, 1956, substituted “$20,000″ for “$5,000″, and
“twenty years” for “six years”.
EFFECTIVE DATE OF 1956 AMENDMENT
Section 3 of act July 24, 1956, provided that: “The foregoing
amendments [amending this section and section 2385 of this title]
shall apply only with respect to offenses committed on and after
the date of the enactment of this Act [July 24, 1956].”
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=320885157882+2+0+0&WAISaction=retrieve
April 27th, 2008 at 3:04 pm
Wait till Hillary gets in there and starts throwing around the patriot act ! LOL. Say g’by to your blog Alan.
April 27th, 2008 at 3:12 pm
Budda, I agree that it can be nearly, if not totally, impossible to work within the system to effect change. However, I think that it is a person’s responsibility to work within that system first. For one, that allows the person fighting the system to really evaluate what is wrong so that solutions can be properly created. What’s the point of saying there’s a problem if you don’t have any solutions to fix the problem? It’s like Carter’s recent trip to the Middle East. Most people bitch about him “sticking his nose” in the situation, but those people are not saying what he or our government should be doing instead.
Spyglass, you should take some time to improve your reading comprehension skills. I’m not going to repeat my comment, b/c I’ve already taken the time to write it out. However I will response to your “VA nurses do not make VA policy” statement. These nurses may not directly write policy, but they can certainly work within the confines of the system to indirectly influence it. When those running the system refuse to recognize the problem, then the nurses, doctors, etc. must pursue the issue by going to the system in charge of that system.
April 27th, 2008 at 4:02 pm
btw: my father was a retired Marine and long time sufferer from depression who shot and killed himself when I was 10. So anyone confused about my perspective on this issue should reread my initial post. You should also remember that the purpose of this blog is to encourage intellectual debate, not to make someone believe what you believe (Michael).
April 27th, 2008 at 4:05 pm
The VA generally has had a poor aroma for decades, and deservedly so in some cases, and the investigator who threatened Ms. Berg with charges of sedition should be charged with harassment.
April 27th, 2008 at 5:32 pm
I also applaud Laura Berg for her courageous stance. She didn’t back down. Good for her.
MSNBC last week reported that over 300,000 Iraq veterans are now suffering with psychiatric problems.
Many have committed suicide.
At the same time the pro-war people still feel that they are supporting the troops even though so many of them are being re-deployed 2, 3, and even 4 times.
__________________________
I am so very very sorry about your Dad, Cheryl.
April 27th, 2008 at 5:50 pm
Thanks, Epiphany. I’ve dealt with it.
April 27th, 2008 at 8:05 pm
Cheryl, as far as working within the system all I have to say is; have you ever read Dilbert? That strip pretty well sums up most employees frustration with management. Change is not welcome and certainly not from someone in the ranks.
I still admire most “Whistle Blowers ” as I believe that sometimes it is the only way to shine any light at all on a problem.
April 27th, 2008 at 9:39 pm
Of course this won’t be on H&C tonight. Who wants to bet the topic will be a rehashing of the Rev. Wright controversy?
April 28th, 2008 at 2:16 pm