Our intention is to peacefully and respectfully rally in support of Pfc. Manning across the street from the base. At the end of the rally, veteran Marines and others from multiple U.S. wars will lead us in laying flowers at the Iwo Jima Memorial there. We do this to honor the war dead, including those Marines and all the other soldiers that have given their last full measure of devotion to our country, in order to protect our Constitution and the citizens it serves.
As you know, it is the Constitution that these heroes have fought, and died, to "support and defend." It is that Constitution, and that defense of it, we wish to utilize and honor. The Iwo Jima Memorial on Rt. 1 is open to the public. It is in public space outside of the check-point for entry into the base. While there is a fence indicating the Marine base is private and a checkpoint prevents people from going onto the base without permission, there is no such fence or checkpoint to visit at the Iwo Jima War Memorial there. The public has an easement and right to lawfully and peacefully visit the Memorial.
We wish to work with you and the local authorities, not against you, to accomplish this goal and express our speech. Closing the memorial, as has been suggested might be done, to prevent our Constitutionally protected political speech would be a violation of the very thing Marines and other troops fought to protect and that we wish to honor and utilize.
The New York Times, which has worked closely with the Department of Defense, wrote in an editorial on March 14th entitled "The Abuse of Private Manning," that Quantico should "revisit the presumption of innocence and the Constitutional protection against cruel and unusual punishment." P.J. Crowley the former Assistant Secretary of State for Public Affairs has just resigned because he considers the treatment of Pvt. Manning at Quantico "ridiculous and counterproductive and stupid." If veterans and other citizens are denied their constitutional right to Freedom of Speech and Assembly, the administration and the USMC will further undermine respect for the Constitution.
We ask you to please work with us in good faith and dignity to make this event work as it should under the Constitution, statutes and laws we all honor and respect. I stand ready and willing to work with you or your representatives, to make this work appropriately, and may be contacted for this purpose at any time, day or night, in furtherance of that goal.
Thank you.
Kevin Zeese, Esq.
Second Memorandum to Colonel Daniel J. Choike, Commander Quantico Marine Base, March 17, 2011
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