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Opinion Editorials, June 20, 2007 |
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The American military: Are they Bush's flying monkeys or not? By Jane Stillwater http://jpstillwater.blogspot.com
How embarrassing this
must be to America's military right now. Here they are, the
greatest armed force in the history of time -- reduced to the
status of George W. Bush's flying monkeys. From what I have
read and after what I have witnessed in Iraq, it seems clear to me
that our armed forces -- including the CIA and State Department --
appear to be under the spell of GWB's every undisciplined whim and
temper tantrum. And Bush wasn't even elected!
Can you imagine
falling that low? To be reduced from the heady heights of
being "Officers and Gentlemen" in the finest military ever
assembled; then pulled down to the lowly status of being some
tin-pot evil-witch wannabe's errand boys and flunkies? Eeuuww.
And when we Americans
finally come to our senses and find the courage to pour water on the
Wicked Witch of the White House, I bet you anything that those flying
monkeys in the Pentagon are gonna thank us bigtime. "You've
saved us! You've saved us!"
Get a clue, flying
monkeys. Freaking save your selves. Just click your army-boots
together three times and say, "There's no place like home.
There's no place like home." And then go back to Kansas where
you are truly wanted and needed -- and get the hell out of Iraq.
PS: I ain't no cowardly lion! Not
me. I'm the dread "Grandmother Blogger". The
American military may be cowering off in some corner in fear of the Wicked
Witch of the White House's every confused whim, but not me. The pen
is mightier than the sword! "Assume attack mode, Jane!
Sue the bastards."
PPS: Here's my proposed lawsuit.
If I can just get the ACLU or the Lawyers Guild or John Grisham or
somebody awesomely legal to take it on, then hopefully it will act
like a bucket of cold water on Dubya's evil dreams.
Stillwater v. State Department
& Department of Defense: My proposed legal action against
the State Department and the Department of Defense regarding their systematic
attack on freedom of the press
by Jane Stillwater http://jpstillwater.blogspot.com
I’m seriously
considering suing the State Department and the Department of Defense for
failure to provide me access to news information in Iraq via
journalistic embeds and violating my First Amendment rights to freedom
of the press in order to cover for and protect George W. Bush. To
this end, I have scheduled meetings with several attorneys, including a
representative of the ACLU, in hopes that they will review and accept my
case. Enclosed please find a sample Complaint for Damages that I
have written on this subject.
If you know of
any good lawyers who will represent me pro bono, please let me
know!
I’m totally tired
of begging DoD and State for an embed in Iraq and being repeatedly
refused, allegedly on bureaucratic grounds -- but in actuality, my
lack of permission to embed appears to be due to my efforts to expose
the negligence and corruption of Bush, Cheney, Rice, etc.
It’s time for the
Department of Defense and the State Department to start acting in the
best interests of America and stop protecting the special interests of
Bush and his corrupt friends who are profiting from the sacrificial
blood of America’s troops.
Here is my proposed Stillwater
v. U.S. Department of Defense and U.S. Department of State proposed
Complaint:
Complaint for Damages:
I. Overview:
From June of 2006
through present, journalist Jane Stillwater has actively pursued being
granted an embed as a journalist in Iraq from representatives of the
U.S. Department of Defense. Her request was repeateded denied,
turned down, deflected and/or stonewalled. She was lied to,
distracted, intimidated and denigrated during this process, apparently
by CentCom Baghdad’s Combined Press Information Center (CPIC) but
allegedly under the instructions of defendants U.S. Department of
Defense and U.S. Department of State (Department of Defense And State
Department), allegedly because of her progressive reporting on the
corruption and ineptitude of the current occupants of America’s White
House.
due to pressure
from her congressional representatives and the media she writes for,
Stillwater was finall embedded in April of 2007 and given a CPIC
identification badge, indicating that she has been evaluated by CPIC and
cleared as a credentialed journalist. However, beginning in May of
2007, she was repeatedly refused a second embed, despite her valid
credentials.
II. The Plaintiff
Stillwater is a
64-year-old journalist residing in Berkeley, CA. She has written
articles published by OpEd News, the American Conservative Union,
the Baltimore Chronicle, the Berkeley Daily Planet, the Black
Commentator, Digg.com, Global Research, Netscape.com,
Aljazeerah.info, Novekeo, the Oakland Tribune, Counterpunch,
the Online Journal, the Lone Star Iconoclast and Time
Magazine. She has also appeared on BBC radio, NPR radio, Fox News,
ABC News, CBS News and NBC News and has been the subject of articles in
many media outlets including the Associated Press, the Times of
London, the Oakland Tribune, the Daily Californian and the
Iraq Slogger.
III. The Incidents
The alleged pattern
of stonewalling, distraction, intimidation and denial of Stillwater’s
embed requests is documented in Exhibit 1, a timeline
describing Stillwater’s numerous efforts to secure several types of
embeds, including an embed within the Baghdad Green Zone, embeds in Iraq
outside of Baghdad’s Green Zone and embeds elsewhere in the Department
of Defense’s Middle Eastern theatre of operations.
The true names and
identity of persons involved in this compilation of communications
between Stillwater and others have not been used in order to protect
them from possible reprisals from defendants Department of State and the
Department of Defense.
Exhibit 1:
Timeline of Stillwater’s embed requests:
July 6, 2006: I
filed my original embed application with CPIC Baghdad.
July 8, 2006:
I was informed by CPIC that OpEd News (with an internet circulation
of 800,000) was not a viable news service, that I was considered to be a
blogger and that "bloggers" were not allowed to embed. "Unfortunately,
Jane, the policy about bloggers still stands. Unless you can get
accreditation from a news service or other form of news media (newspaper,
magazine, wire service, etc.), this embed is not going to happen,"
CPIC wrote.
July 9, 2006:
The editor of OpEd News explained carefully to CPIC that OpEd
News was indeed a genuine news service. The editor of the Berkeley
Daily Planet also wrote a letter to CPIC stating that I would be
representing the Planet, a genuine print newspaper with a
circulation of 50,000 readers.
July 10, 2006:
I got an e-mail from CPIC: "I’ll be honest with you, Jane.
Multi-National Corps-Iraq (the major ground component command that owns
the vast majority of combatants in theater) is not interested in embedding
you."
July 20, 2006:
I then contacted Senator Barbara Boxer, and a member of her staff wrote
CPIC the following e-mail on my behalf: "Ms. Stillwater
contacted our office regarding a concern that she is not being allowed to
be a journalist in Iraq because she wrote for a progressive news service.
Please look into her concerns at your earliest convenience and keep
me informed of any updates."
July 21, 2006:
CPIC replied to Senator Boxer that, "After reviewing Ms.
Stillwater’s request for an embed, I denied Multi-National Force-Iraq
credentialing and support based upon her work being opinion-based, rather
than factual reporting, and that she is not backed by an organization that
can be held responsible for her journalistic standards or, more
importantly, her welfare in case of emergency. This does not stop
Ms. Stillwater from entering Iraq commercially and providing for herself,
but it does prevent her from being embedded with troops, using MNF-I
facilities and covering MNF-I activities."
January 20, 2007:
I again wrote to CPIC, once again requesting an embed:
Since my last
request to you in July of 2006, I have had at least 25 articles
published in various publications and, as you have stated, my
articles are indeed opinion-based but they are also fact-based as
well -- in the grand old journalistic tradition of the Washington
Post, the New York Times, etc. I deeply regret to be
placed in a position to have to say this to you but, while I admit
that I do tend to give homilies and homey examples in order to help
my readers to better understand complex political situations, I do
not lie.
In addition,
several media organizations have offered to sponsor me in your
program and to take responsibility for my views -- as well as to act
on my behalf in case of emergencies. Please reconsider your
decision. I promise upon embedding in Iraq to tell "The truth,
the whole truth and nothing but the truth". Plus with my
access to over one million readers, embedding me will greatly be of
help to our troops in Iraq.
I am enclosing
a list of media outlets that have published my written efforts so
that you can have an idea regarding the scope of my work. I am
also enclosing URLs for articles I have written on India and
Afghanistan. Please reconsider my application. I can be
ready to leave at your earliest convenience. Thank you for
reconsidering my request and I look forward to meeting you in
Baghdad soon.
January 23, 2007:
I contacted Congresswoman Barbara Lee in order to enlist her support in my
efforts to embed.
January 25, 2007: My
weekly column in the Black Commentator appeared, entitled Why I
am not in Iraq:
I should be in
Iraq. I should be in Baghdad. I should be sending back
eye-popping stories to The Black Commentator about how our
money is being misused, mismanaged, misspent and morally misdirected
to kill women and children whose only crimes are to be born in an
oil-rich country and to not be born the same color as George W.
Bush.
Bush had no
business invading Iraq. Now he has killed 665,000 (and still
counting) Iraqis and 3,020 (and still counting) U.S. soldiers in
cold blood. If he can kill them without any conscience, what's
to keep him from killing us next?
Yes, I've been
sidetracked from observing the occupation and reporting back to you
exactly what is going on over there. And who has sidetracked
me? Who is keeping me from reporting to you from Iraq?
Let me tell you. It is extremely difficult to get to Iraq as a
reporter unless you are officially sanctioned and
"embedded" by the U.S. military. Knowing this, I
dutifully applied through the proper channels for embedding media
personnel in Iraq and wrote to the U.S. Army CentCom in Baghdad.
"I want to go over there so that I can tell our readers
exactly what is going on in Iraq," I said.
"Sorry," they wrote back. "We don't embed
bloggers." So. The Black Commentator
doesn't count as real journalism? Nor does Counterpunch,
OpEd News, CLG News, Aljazeerah.info, the Online Journal
or TruthOut? It's only when the New York Times
lies through its teeth to America that it's real? Yeah, sure
you're sorry. Me too.
Then I wrote to
Senator Barbara Boxer to see if she could help me to embed.
But it's been four or five months now and I haven't heard back.
"Senator, I need your help," I wrote. "They
are not letting me into Iraq. Apparently you do not get
allowed over there unless you promise to write what they want
you to write -- about how well the illegal occupation, killing,
torture, bombing, napalming, hanging, embezzling, etc. is going and
how Bush has to Stay the Course as long as there is one drop of oil
left in Iraq...." And you know that I can't make
that promise.
But I will
promise this: I will do every single thing humanly possible to
stop this insane and bloody "war" on the people of Iraq.
And on Afghanistan, Lebanon, Palestine, Darfur, Somalia and anywhere
else where there is power or land or oil that the Bush murderers
covet.
Martin Luther
King Jr. risked his life to stop the war on Vietnam. We must
follow his example. Why? Because our future is at stake
here. We cannot afford to be sidetracked again.
PS: "In the future...they can do it
to us." What am I talking about! They already have.
Perhaps I should just go embed in New Orleans...or South Central.
March 7, 2007: I
broadened my search for an embed in order to give CPIC more flexibility in
finding one for me: "Regarding my recent embed request, yes, I
would also be interested in the Army Corps of Engineers."
March 12, 2007:
My embed seems to be actually happening, according to CPIC: "I've
just sent a follow up on your approval."
March 13, 2007:
The Lone Star Iconoclast also sponsors me, thus removing all
obstacles to my embed that CPIC has asked for so far:
Multi-National Force-Iraq, ATTN: Combined
Press Information Center
To Whom It May Concern;
The Iconoclast
hereby provides accreditation for Jane Stillwater, who represents a bona
fide media organization. The Iconoclast is a weekly newspaper
published since the year 2000.
Journalist Jane
Stillwater works for this organization as a freelance
journalist/photojournalist. The Iconoclast accepts responsibility
for the actions and journalistic standards of Jane Stillwater to include
all stories and opinions produced for other media or public outlets and
web log entries while embedded with the U.S. Military under
Multi-National Forces Iraq during the period of March - April 2007 in
Iraq, to cover human interest stories and to be embedded according to
whichever units are available during this time.
The Iconoclast
acknowledges and understands that the United States Government is not
responsible nor is liable for the actions of Jane Stillwater resulting
in death, injury or declared missing while embedded with the U.S.
Military in a hostile combat environment. Jane Stillwater assumes
full responsibility through The Iconoclast in providing her own medical
and life insurance coverage while in a hostile combat environment.
The Iconoclast hereby accepts responsibility in assisting or providing
notification of next of kin and any necessary arrangements that will
facilitate the general welfare of Jane Stillwater.
//Signed// W. Leon Smith
Publisher
March 18, 2007: Getting
a bit desperate for final embed approval, I once again wrote my
congresswoman and my senator. "Here is an update on my efforts
to try to embed in Iraq, hopefully leaving on March 29, 2007. When I
talked with MNFI Baghdad this morning, they said that they were still
reviewing my application. With only ten days to go before I am
scheduled to leave for Iraq, this doesn't give me much wiggle room to book
my flight, etc. so I was wondering if you could give me a little
help."
March 19, 2007:
I received an encouraging e-mail from CPIC which stated, "Jane, my
apologies for the delay..."
March 23, 2007:
I tried to broaden my embed options again by offering to embed in Kuwait
at a troop training and staging airbase. I received a reply from
Kuwait that it was too early to embed there before I went to Iraq but that
it was very possible to get an embed in Kuwait on my way back:
Maam, I guess
that I understood the date you were talking about. At this
time March 29th is way too early to know if you can embed in Kuwait
. We have to have your paperwork first and then create a
decision memo. This can take a couple of days and then it has
to be approved by the command here. Are you still planning on
transiting to Iraq? I was wondering how long you were going to
be in Iraq because maybe we can work something out when you come
back. I am sorry about the misunderstanding and did not
realize that you were talking so soon, I figured you would go to
Baghdad and then come back through and cover Kuwait. I
apologize for the misunderstanding but like I said this process to
embed here in Kuwait takes a bit and 6 days from now is not nearly
enough time to get the command to sign off on this.
March 23, 2007: Joe
Garifoli, a reporter from the San Francisco Chronicle, contacted
me, stated that the Chronicle wanted to do a story on me. Joe
then offered to help me get embedded, and his efforts seemed to produce
results -- he was told that everything looked good and so, based on what
they had told Joe, I booked a flight to Kuwait.
March 25, 2007: I
learned from a reporter who was already in Iraq that all I had been told
about bloggers not being allowed to embed just wasn’t true. "Jane,
you’ve been lied to. The Army has let a blogger live at Camp
Liberty near Baghdad. His name is Michael Yon. He is only a
blogger and he has been embedded for over one year. They give him an
office and everything."
March 29, 2007: The
San Francisco Chronicle ran a front-page story on my efforts to
embed. "As Stillwater waited for her plane at the airport
Wednesday, the Army was still trying to find a unit in which to embed her.
‘Oh, yeah, her application looks fine,’ said...a media embedding
coordinator for Iraq. ‘We're just trying to find a unit anywhere
that will take her. There's a lot of people out there now.’"
However, that day I left for Iraq, still not certain of having an embed --
not just within CPIC and the Green Zone but with an actual unit -- even
after almost a whole year of trying to obtain one.
March 30 -- April 17, 2007: Upon
arriving in Kuwait, I was flown to Baghdad and housed in CPIC.
Things were looking great! I was going to get stories and be
embedded outside the Green Zone and everything! And then I went to
John McCain’s press conference and asked him a hard question about
Bush’s plans to invade Iran. And the next day I also asked a hard
question at General Caldwell’s press conference regarding troop
pull-outs. And after that, although CPIC started talking constantly
about searching for an embed outside the Green Zone for me, no embed ever
appeared. Other reporters came and went but I just continued to wait
and haunt the CPIC offices, asking them several times a day if they would
please find me an embed.
NPR had also
arranged to take me into the Red Zone as did CNN. But right after
the McCain conference, even those invitations suddenly dried up.
Finally I started
looking for my own embeds and scored one with the Iraq Army. But
then it too suddenly melted away. I also contacted CPIC supervisor
Lt. Col. Garver and General Petraeus’ office, etc. and was assured
that my not getting an embed was unusual but that they would find me
one. But none ever materialized. And whenever a reporter
went out on an embed outside the Green Zone, I’d talk with CPIC about
letting me go along. Their answer was always negative, citing the
short notice of my requests. Finally someone told me that it
was not CPIC’s fault that I wasn’t getting any embeds and that CPIC
was merely following orders. The U.S. embassy itself was blocking
my embeds. And other reporters told me that they had been
warned off of talking to me as well.
And when I finally
returned to the Kuwait airbase, guess what? My embed there had
also magically disappeared.
Despite all these
limitations placed on me, many of the articles that I did
manage to write from Iraq and Kuwait were featured in the San
Francisco Chronicle, the Lone Star Iconoclast, the Berkeley
Daily Planet and OpEd News as well as numerous other media
outlets. Associated Press, the BBC and the Times of London
ran articles about me.
April 17, 2007: I
returned home to Berkeley and was interviewed on television by ABC, NBC,
CBS and Fox News.
May 1, 2007: I
e-mailed CPIC that, "Someone just offered to sponsor another trip to
Iraq for me so I am asking you to try to get the embed process going so
that I could embed in one of the [joint security stations] in
Baghdad." Then I called CPIC to verify but was informed by
phone that it was too late to get an embed for May so I changed my embed
request date to June 16.
May 5, 2007: I
wrote CPIC, "Sorry that my May embed request came too late to be
shopped around but attached please find my embed request for June 16, 2007
to July 7, 2007. I am requesting to embed in a Baghdad JSS and/or
the Baghdad Red Zone. And I would also like to embed with [a unit]
in Anbar province as well if there is time. I have talked with the
[unit commander] and he has okayed the embed. Thanks again for all of your
help."
CPIC then informed
me that there were no embeds available for me after June 16 because I
had requested my embed "too early".
May 6, 2007: I
sent the following e-mail to CPIC: "Regarding my request for an
embed in June, please let [your embed coordinator] know that not only has
[one Anbar unit] offered to embed me but [another Anbar unit] has offered
to embed me as well.... I am also still interested in a JSS embed in
Baghdad. Thanks again."
May 14, 2007: I
wrote the Anbar unit commander again, requesting he write to CPIC
regarding my June embed.
May 16, 2007:
I again e-mailed CPIC, once again asking for an embed.
May 22, 2007: I
gave up on CPIC and tried embedding with the Navy, writing their public
affairs officer in Bahrain that, "I haven't embedded with the Navy
before -- have only been embedded with the Army through CPIC. I
write for a variety of media outlets including OpEd News, the Lone
Star Iconoclast, the Berkeley Daily Planet and the San
Francisco Chronicle. I am enclosing a copy of my embed
application FYI and will also cc this e-mail to CPIC. Thanks in
advance for any help you can give me.
May 25, 2007: The
Navy sounded really helpful. "Jane, please complete the
attached embark form and return to me as a .doc attachment (meaning please
don't embed it in an email). I can offer you a carrier embark for
sometime after 16 Jun as per your note below. If you can spend up to
4 days here I can also get you aboard some of the smaller combatant ships
which are conducting maritime operations in the Gulf. From Kuwait,
you'll have to catch either mil air or com air into Bahrain -- embarks to
our ships originate out of Bahrain."
May 29, 2007:
Suddenly the Navy started citing regulations regarding various hurdles to
embedding me -- ones that are certainly on the books but are apparently
ignored with regards to many reporters -- especially conservative bloggers:
"Jane, There are some issues with theatre clearance for Kuwait
and Qatar, the transit hubs for mil air. ARCENT in Kuwait does not do
theatre clearance for transiting media -- only media that's embedding with
them. So, in order for you to transit to Bahrain via Kuwait, CPIC
needs to do a theatre clearance for you."
The Navy PAO in
Bahrain went on to state, "Media is only allowed to remain on
Kuwait for 48 hours in transit, so unless you have a guaranteed flight
to Bahrain or a theatre clearance from CENTCOM, ARCENT Kuwait will be
unable to bring you [here] for billeting if you're delayed.
Please also ensure theatre clearance covers your entire visit to the
region." These rules, as far as I can tell by talking with
other reporters, are not often enforced.
May 30, 2007:
I wrote to the Navy that I did have orders to fly on military aircraft.
Immediately CPIC sent me the following e-mail, apparently panicked that I
had orders that would let me back into Iraq: "Hello Jane, I
have been in contact with [the Navy PAO] about your interest in embedding
with a carrier group off the coast of Kuwait. I just want to clarify
a couple of things before you move forward with your request with the Navy
--The CPIC Badge is only good for media wanting to report on Coalition
forces in Iraq and not off the waters of Kuwait. [the Navy PAO] also
said that you had military orders dated 31 August 2007 for travel using
Mil Air. Could you please tell me who issued you these orders?
Our office issued you travel orders in April but they are only good for
travel between Iraq and Kuwait. We also don't provide travel orders
with such long expiration dates since they are primarily used for
traveling around in Iraq, and travel between Iraq and Kuwait."
May 30, 2007: Still
searching for an embed, I wrote to [the second Anbar unit commander] again
and cc-ed my e-mail to CPIC: "I am looking for an embed in Iraq
some time between June 14, 2007 and July 4, 2007. Please let me know
if you have any available slots for during that time. Thank you very
much." I have now started cc-ing everything to CPIC just to see
how fast they can manage to kill my embed requests.
June 1, 2007:
CPIC then e-mails me that there are no embeds in all of Baghdad
during my requested time-frame. In all of Baghdad there are no
embeds during the last part of June? CNN, ABC and Fox can’t get
embeds either? They are not allowing press into Baghdad any more?
Or is it only me? Age discrimination? Sex
discrimination? It can't because of my reporting, described by one
reporter this way: "Jane’s unpretentious, no-bull style of
writing really stands out. Other (mostly right-wing) bloggers have
gone to Iraq and Afghanistan, but few have written anything worth
reading."
With regard to my
travel orders, I informed CPIC that they are contained in a Memorandum
for Record dated 30 MAR 07 and state that "...this travel is
authorized within or outside the United States during the period of the
conflict. This memorandum expires on 31 August 2007" in accordance
with DoD 4515.13R, Chapter 9, JFTR VOL.I, Appendix E, Part I, Paragraph
E.8 and AM.C124101V14 dated 1 April 2003, paragraph 21.9."
I also made another
request for an embed. "Please see what you can do to get me
an embed with a unit under CPIC's jurisdiction as well during the time
frame that I will be in that theatre – approximately June 14 to July
4.... Thank you in advance for any help you can give me in
settling this matter in the best interest of all parties
concerned."
June 7, 2007:
I received an affirmative reply from Anbar province: "We'll see
what happens. I put a package together and set it up to my immediate
boss, the Regimental Combat Team commander. He’s good to go with
you coming so I sent his endorsement to higher headquarters to let them
know that you are good with us. The endorsement needs to go up
several more levels before I get a definitive thumbs-up. I'll keep
you posted."
June 15, 2007:
I got an e-mail from Anbar advising me that I should "tell CPIC that
[a Regimental Combat Team] in western al anbar will accept your
embed," but that they weren’t hopeful that it would happen.
As of this date, I have no embeds lined up, no possibility of being
embedded and only a long list of e-mails indicating how, when and where my
embed requests have all been stone-walled despite my having jumped through
every kind of hoop that the Department of Defense has asked me to jump
through.
IV. Liability
Stillwater is
allegedly being systematically denied press access opportunities within
the U.S. Department of Defense’s embed program that are routinely
granted to other reporters and journalists in her same position and
which are covered by the First Amendment of the United States
Constitution with regard to freedom of the press:
Congress shall
make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Plaintiff alleges
that defendants U.S. Department of Defense and State Department’s
negligence, harassment, discrimination, bias, favoritism and malicious
prosecution of herself are in violation of the First Amendment with
regards to the embed process as currently exercised by defendants
Department of Defense and the State Department with regards to
Stillwater in comparison to defendants’ treatment of other
journalists. In addition, defendants’ selective treatment of
Stillwater is allegedly in violation of U.S. civil law on the grounds
that First Amendment protection of freedom of the press needs be applied
to journalists reporting from a war zone (as long as military personnel
are not endangered by said journalists’ actions) as well as being
applied to journalists within United States civil jurisdiction.
In the words of
Department of Defense spokesman Lt. Col. Larry Cox, the embed program
itself is designed to allow journalists to "make judgments for
themselves":
The whole
concept was not to put limits on the embed experiences, but simply
to provide the opportunity, and let the embedded press experience
whatever there is to experience. Torie Clarke, the Pentagon
spokesperson, used the words: "Embedding the press would
provide journalists the opportunity to see the good the bad and the
ugly." That was the assumption from the very beginning,
from the conceptual stages to the detailed planning. It became
a principle value in Department of Defense's program. That could be
considered either good or bad. Part of the journalistic
endeavor is for the journalists to make that judgment themselves,
and we expected they would, one way or another.
By obstructing
Stillwater, an accredited journalist, access to the embedding process
and thus denying her to be in a position to make her own judgments and
come to her own conclusions, defendant Department of Defense, with the
aid of defendant State Department, is thus violating their own stated
goals as well as those of the First Amendment.
In the matter of JB
Pictures, Inc. v. Department of Defense and Donald B. Rice, Secretary of
the Air Force, it was ruled that JB Pictures’ rights to freedom of
the press were not being denied when they were not allowed to view
soldiers’ remains – thus indicating by default that First Amendment
rights were applicable to the Department of Defense except under
extreme circumstances.
In the matter
of Associated Press v. Department of Defense, the Associated
Press sued the Department of Defense under the federal Freedom of
Information Act to compel disclosure of George W. Bush’s full record
of service in the Texas National Guard. The court ordered the
Department of Defense to provide the documents. This case is a
clear example of the Department of Defense acting in the best interests
of George W. Bush rather than the best interests of America’s
citizens. This ruling should be applied to Stillwater’s case as
well because since 2000, Stillwater’s journalistic endeavors have
centered upon her efforts to uncover evidence that corruption and gross
self-interest govern the formation of the majority of Bush’s
foreign and domestic policies. By denying Stillwater access to
report on one of Bush’s greatest policy failures, the Department of
Defense is allegedly again supporting Bush’s interests over the best
interests of American citizens.
V. Pain and Suffering
As a result of not
being allowed to embed and re-embed in Iraq, Stillwater was forced to
spend almost a year trying to rectify this situation, devoting many
hours of her time in pursuit of an embed. "I e-mailed people,
made phone calls, wrote letters," stated Stillwater, "dealt
with congressional representatives, read information published on the
subject, talked with fellow reporters, read up on case law, scheduled,
un-scheduled and re-scheduled flights to Kuwait and tried to rally
support for my embed with groups and organizations across the entire
United States. I went on radio and television, corresponded with
officers in the field in Iraq, corresponded with CPIC, corresponded
with...you name it, I tried it. And all in vain. It was –
and is – very frustrating. And it was especially frustrating
because there was nothing exactly I could put my finger on that was
causing this rejection. Most of my refusals were of the
iron-fist-in-the-velvet-glove variety, especially when I was in the
Green Zone. Nobody ever said, ‘Jane, go home, you are wasting
your time, you are never going to get embedded in the Red Zone.’
They couldn’t have said that because it would have been clearly
discriminatory so instead they just kept stonewalling me and giving me
the run-around."
Stillwater’s
frustration and mental anguish as a result of being stonewalled and
allegedly covertly blackballed from embedding in Iraq and returning to
Iraq have caused her great pain and suffering. The actions of the
State Department and the Department of Defense have also cast a shadow
on her reputation as a journalist. "Being told that I was not
fact-based really hurt," stated Stillwater. "It was as
if they had accused me of lying – as if I had done something really
detrimental to my country such as lying about weapons of mass
destruction or lying about Iraq being involved with Al Qaeda before
2003."
Stillwater was also
upset that her credence as a patriotic American was being denigrated.
"My journalism is greatly influenced by my love for America,"
stated Stillwater. "And to see that patriotism being
repeatedly challenged by the State Department as they apparently try to
protect George W. Bush at the cost of the American military and American
troops has really been hard for me, a lone female journalist up against
the entire Bush war machine. Sometimes I even fear for my
safety."
WHEREFORE,
due to negligence, harassment, discrimination, bias, favoritism and
malicious prosecution suffered by Stillwater as a result of the
defendants State Department and Department of Defense’s actions,
Stillwater is seeking the following relief:
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