March 25, 2005

Deserter Jeremy Hinzman Denied Refugee Status

U.S. Army deserter Jeremy Hinzman, 26, was denied refugee status by the Canadian Immigration and Refugee Board. Hinzman did not prove his case that he would be persecuted if he returned to the United States. Hinzman's lawyer, Jeffry House, stated he will appeal the board's decision.

Hinzman's wife and son were also denied asylum by the board. It's interesting that they even applied since there's no apparent basis. If convicted of desertion in a court martial, Hinzman may be sentenced to five years in federal prison. Frankly, that seems like a light sentence for someone who deserts in a time of war.

Hinzman and his supporters argue that he is not a deserter, rather a war resister who traveled to Canada because the Iraq war was immoral and violated human rights. He deserted in January 2004, just before his unit, the 82nd Airborne Division, deployed to Iraq.

Companion post at Interested-Participant.

Posted by: Mike Pechar at 03:14 AM | Comments (28) | Add Comment
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1 Resister? Welcome home. We've made accomadations for you at the lovely hotel Leavenworth. Hope you enjoy your stay.

Posted by: Nylarthotep at March 25, 2005 05:20 AM (dp+Jb)

2 During time of War, The UCMJ says desertetion is a Death Penity so I think he is getting off EASY with five years in Fort Leavenwoth. I did my time there so can he. What makes him think he can get away that.

Posted by: donny at March 25, 2005 06:12 AM (mLS4x)

3 Deserters should be shot.

Posted by: elliott at March 25, 2005 06:53 AM (0WSZ2)

4 Getting education paid for, and not haveing to pay for it.... Ya..... well pony up son you are a deserter. Time to pay the piper. No education now except in the prison library. Good thing though is you will have lots of time to read and study.... that is when the other male prisoners allow you the time..... snicker snicker Chris

Posted by: Chris at March 25, 2005 06:54 AM (JcF9r)

5 His cell should be a cage at the entrance to Fort Bragg. That way when the 82nd Airborn returns they can wave to him as they enter the base.

Posted by: greyrooster at March 25, 2005 07:11 AM (CBNGy)

6 Jeremy Hinzman must be part French.

Posted by: Obsnooks at March 25, 2005 07:41 AM (yBHNA)

7 I think he's more worried that his fellow soldiers will find him and beat him to death than any punishment inflicted by a court martial. And rightly he should be. If I were in his unit I would too because the real soldiers are extending and reuping not to abandon their units.

Posted by: Wittysexkitten at March 25, 2005 07:44 AM (3U9Vx)

8 This Frenchman Jeremy is a simple, cowardly little boy who pretends to be a man. I am all for sending his skinny yellow ass to the Brig for some hot man on coward love.

Posted by: FIlthy Allah at March 25, 2005 07:59 AM (yBHNA)

9 Let's send him to Abu Ghraib.

Posted by: Rusty Shackleford at March 25, 2005 08:03 AM (JQjhA)

10 Jeremy should have his feeding tube taken out and be starved to death. No...wait... He will only get jail time. We only starve invalids to death in this country. Next, if we are lucky, the state will order retards and others who cannot feed themselves to starve.

Posted by: OBSNOOKS at March 25, 2005 08:06 AM (yBHNA)

11 Hinzman will appeal and likely stay in Canada.

Posted by: Collin Baber at March 25, 2005 07:18 PM (fufbw)

12 I heard that the other day - not only that he brought his wife and kids, too. What a fool and I hope he gets the punishment he deserves. Cindy

Posted by: firstbrokenangel at March 25, 2005 08:57 PM (PEKrh)

13 You send young boys to war and wonder why they dont want to go kill other young boys for no good reason but to appease a presidents ego. Of course he shouldnt have deserted but why oh why are we there.

Posted by: jelly at March 26, 2005 01:43 PM (xXq5j)

14 It never ceases to amaze me at just how many COWARDS that never SERVED one SECOND in the military think Hinzman should be prosecuted to having the guts to walk away from this war. When you have a DD-214 to show me, then you can WHINE all you like.

Posted by: Seth at March 26, 2005 08:32 PM (Hq9Vz)

15 I agree, Seth.

Posted by: Collin Baber at March 27, 2005 01:43 AM (fufbw)

16 Seth, it took "guts" to run away? LMAO! welcome to the upside down world of Liberals.

Posted by: Carlos at March 27, 2005 10:34 AM (8e/V4)

17 Seth, This is guts: What Happens when 9 American MP's and a medic leap into the fray against 50 heavily-armed Iraqi insurgents ambushing a supply convoy? They win. http://www.blackfive.net/main/2005/03/after_action_re.html#more

Posted by: Carlos at March 27, 2005 10:37 AM (8e/V4)

18 The 82nd doesn't need this limp-wristed loser. Did he think the free education meant he just had to wear the uniform? The military expects you to do the heavy lifting, too. He should have read the contract.

Posted by: Pat at March 27, 2005 06:36 PM (J6TkX)

19 For a contract to be legally binding, usually it must be understood by both parties.

Posted by: Collin Baber at March 27, 2005 07:20 PM (FV4oJ)

20 First . . Seth and Collin, I do have a DD-214, And a Number, RA 17577893 . . And you can kiss my ass! I was in the Army when you were shitting yellow! If you're that old! Anybody who signs up, takes military pay, training, and whatever perks that come with it, education, etc. had best be ready to pack their shit and git when the balloon goes up . . why else did they pay you for all that sitting around and playing those macho games? . . . dickweed! And that goes for the Nookie Gobblers too, piss and moan because you got called up, what the Hell did you think you joined, the Boy Scouts?

Posted by: large at March 27, 2005 07:21 PM (VRK2g)

21 >>>"For a contract to be legally binding, usually it must be understood by both parties." Your knowledge of law, like your common sense, leaves much to be desired. A contract is void only if BOTH parties misunderstood it, NOT one party.

Posted by: Carlos at March 27, 2005 07:44 PM (8e/V4)

22 Carlos, Which K law are you referring to? I like the UCC.

Posted by: Collin Baber at March 27, 2005 10:19 PM (FV4oJ)

23 Seth: Having served doesn't make you shit. It's how, where and when that separates the men from the boys. Some join because they know a fights coming, some join for a job. I have two dd 214's. My son will be receiving one. My wife will soon be retiring after 30 years service. Both my uncles have them. My step father had one. My wife's father has one. My father was KIA in WW11. My son in law has one. In addition, I didn't get mine from having a desk job during peacetime. Nor will my son. Now, what the hell do you know about serving your country? You sure as hell aren't serving it now. You and the traitor Collin Babler should get along great.

Posted by: greyrooster at March 28, 2005 07:25 AM (CBNGy)

24 Collin, you're obviously not a lawyer. I just took the bar, and can assure you that UCC contracts law only applies to the sale of goods. Here we have a performance of services. Nice try though.

Posted by: Carlos at March 28, 2005 11:40 AM (Pqt3/)

25 Carlos, You are right about the UCC - and I thank you. We should all know more about contracts. Which law allows a contract to remain valid if one party does not understand the terms of it and contests it?

Posted by: Collin Baber at March 28, 2005 06:05 PM (Hkppj)

26 >>>"Which law allows a contract to remain valid if one party does not understand the terms of it and contests it?" Collin, the terms of a K are presumed understood, unless of course he can make a showing of A) fraud, or B) that a reasonable person in his position would not have understood. He must meet either element. Notice however, he cannot merely show that HE didn't understand, as that would not meet the standard of "reasonable person." He has to show that a REASONABLE person in his position would not have understood. It is an objective standard, rather than a subjective one. Fraud will not be presumed simply because he didn't understand, and most reasonable people know what they're signing up for. He'll fail both tests. But wait, he still may have an out. If memory serves me, the "small print" in a K can sometimes be shown to be unconscionable. But that's only in cases where A) the terms are opporessive, and B) the plaintiff had no choice but to sign. He must meet BOTH elements. Sure, in this case he can argue that the terms in the small print are oppressive, but he did have a choice. He didn't have to join. So he fails to meet the required elements. Face it, he gambled and he lost. Why can't he be a man about it? It's not "guts" to walk away from your commitments. That's the difference between a man and a boy. Some would argue that's the difference between Liberals and conservatives. We play by the rules, and we suck it up. That boy needs to suck it up too, and you Libs need to stop enabling that type of anti-social behaviour.

Posted by: Carlos at March 28, 2005 07:29 PM (8e/V4)

27 Face it, Collin, its a stupid metaphor that you chose.

Posted by: Robin Roberts at March 29, 2005 01:51 PM (xauGB)

28 Dear Collin: Jeremy Hinzman went to Afghanistan and served there. He felt, as do I, that we were justified in our efforts in Afghanistan to try to find bin Laden. However, when he returned home he found that he would be sent to Iraq, a country that did not have anything to do with 9-11, and a country we invaded without letting the United Nations do its job. If every enlisted person had fled to Canada instead of going to Iraq, we would not have over 1400 families in mourning in the U.S. and thousands and thousands in Iraq. Also, just today there was a report that before we invaded, 4% of the children in Iraq were malnourished. Now over 7.5% are malnourished and starving due to destruction of water supplies and food supplies. It is interesting that many of the letters above have spelling errors such as death "penity"...too bad some of the writers posting to this site did not enlist and receive an education. Obviously, they have less than or equal to a high school education which is not good enough in this country to hold a decent job. My father was in World War I, my uncles in World War II (one of whom was killed) and my brother and cousins in Viet Nam. I know the two world wars were justified; however, I certainly wish my brother would have deserted to Canada rather than serve his time in Viet Nam, a disaster of our making. I'm sorry, Jeremy, but I certainly wish you the best.

Posted by: Linda Dittmar at March 31, 2005 05:05 PM (frMuz)

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