First Female Conscientious Objector Sentenced for Refusing Deployment to AfghanistanArmy National Guard Specialist Katherine Jashinski received a bad conduct discharge today and was sentenced to 120 days confinement after pleading guilty to the charge of “refusal to obey a legal order.” She was acquitted of the more serious charge of “missing movement by design.” With 53 days already served (on Fort Benning), and 20 days off for good behavior, Ms. Jashinski has 47 days of confinement remaining.
On November 17, 2005, Jashinski made a public statement of conscientious objection on the eve of her scheduled deployment to Afghanistan. Eighteen months after filing, the Army denied her application for a discharge. She was then court-martialed for refusing to train with weapons.
I wonder why she refused to participate in the weapons training. Be that as it may, the order to deploy to a war such as the one in Afghanistan is questionable in terms of legality - that was was never declared by the Congress, nor is the evidence used to wage it of much value...
Why is the order to deploy questionable in terms of legality?
I understand what the Constitution says, and at one point held a similar
position. However the judiciary is the branch that decides such things.
The Supreme Court has never ruled on this issue, and actully seems to have
avoided ruling on the subject.