Law Firm of James M. Branum

06/22/2024

https://www.nbcnews.com/politics/politics-news/us-military-members-conscientious-objector-status-israel-gaza-war-rcna158265

Two of my very brave clients spoke to NBC News about their conscientious objection to war, as well as about their specific objections about what is happening in Gaza right now.

Tagging: Veterans For Peace, About Face: Veterans Against the War, Center on Conscience & War, Military Law Task Force of the National Lawyers Guild, Imam Imad Enchassi

Two Air Force enlistees are requesting to become conscientious objectors over U.S. support of Israel, a decision they said was emboldened by the ongoing war in Gaza.

03/14/2024

Just a reminder - please consider signing this petition if you haven't already.

This is not just another random petition, but rather will have some practical effects since it will be submitted as part of Lavender Leto's application to BCNR (Board of Corrections of Naval Records) but also will be submitted to members of Congress, DoD, and the POTUS.

https://nlgmltf.org/military-law/2024/petition-launched-to-support-survivor-of-military-recruiter-abuse/

We are sharing this petition from our friends at Courage to Resist. —————————————————————————————————————– To sign the petition – click here. Lavender Gunderson, a survivor of military recruiter s*xual abuse, is seeking di...

03/09/2024

I have to brag.

I got an LTE published by the Washington Post!

https://www.washingtonpost.com/opinions/2024/03/08/nationals-keibert-ruiz-riley-adams-catchers-caption/

Excerpt: When it’s right for service members to exercise this right
The Feb. 27 Metro article “Who was the U.S. airman who burned to death in protest?” stated, “U.S. service members are prohibited from acts of political protest, under the Pentagon’s long-standing policy of remaining nonpartisan while civilian leaders oversee policy decisions.”

Defense Department Directive 1325.06, enclosure 3 provides that off-post protests by active-duty service members are legal as long as the protest is done off-post, in the United States, not in uniform, not in “breach of law and order,” and not in a situation in which “violence is likely to result.” Military service members are often wrongfully and illegally told by commanders that all protest is forbidden, but this is not true.

James M. Branum, Edmond, Okla.

Here are this week's Free for All letters.

12/01/2023

I have two memories about justice Sandra Day O'Connor to share, both from when she spoke at my law school alma mater Oklahoma City University School of Law in 2004, not from her public remarks but from what she said to students and faculty in a smaller meeting.

1. When asked about what was needed to become a clerk at SCOTUS, she made it very, very clear that graduates of our school need not apply, as we weren't a tier 1 school (which we all know how useless the US News rankings are!).

2. When asked by one of the adjunct professors (who I then had for a class on restorative justice) about her thoughts about the right for inmates to have visitation, she made it very, very clear that she lacked the basic human understanding that the right to visits from family is a basic human right.

Yes, she did cast some good swing votes and she was the first woman to make it to SCOTUS, but she had another side.

07/27/2023

I made my donation. Will you chip in to support the ongoing critical work of the Military Law Task Force of the National Lawyers Guild?

MLTF - Military Law Task Force of the National Lawyers Guild Fighting for… James Branum needs your support for 2023 -2024 Military Law Task Force Fundraiser

07/27/2023

https://couragetoresist.org/counter-mst-support-veteran-seaman-annette-gunderson/

This is the case of one of my clients.

Excerpt: Annette was a 17-year-old who dreamed of being in the Navy. Unfortunately, her recruiter violated his leadership position and committed statutory r**e. He continued to abuse and manipulate her, even attempting to blackmail her into silence, so this brave recruit reported the crimes, and did so as an “unrestricted reporter,” meaning that the allegation was known by her future command when she shipped out to boot camp.

Unfortunately due to her having made an unrestricted report of s*xual assault by her recruiter, she was targeted for abusive treatment by her command and she eventually reached a mental breaking point. She was then forcibly hospitalized and mistreated in that medical facility. Despite what she was going through, she was able to successfully testify against her old recruiter (ensuring his eventual guilty plea and conviction), but was also coerced into accepting a lesser discharge from the Navy, which meant that she had no access to counseling, legal or any other kind of transitional support when she returned back to civilian life. She has since worked hard to heal herself, but she has had to fight her debilitating disability largely on her own.

Due to the circumstances of her case (as the only known survivor of recruiter abuse, who made an unrestricted report of the abuse prior to shipping out to boot camp), Annette Gunderson has a unique opportunity to fight back and to ensure that what happened to her, doesn’t happen to anyone else.

July 26, 2023. Support Annette Gunderson, Veteran and MST survivor in discharge upgrade

04/20/2023

AHA scores religious freedom victory in civil rights case with Oklahoma school.

06/27/2022

(Disclaimer: This isn't particularized legal advice, but rather is educational civil rights education.)

This is a message for those who are posting on social media about being ready to help those who need to go "camping" out of state...
While I DEEPLY appreciate that so many you are willing to practice civil disobedience for the sake of civil liberties, we also need to be smart about it, and I'm worried that public posts of this nature could be dangerous.

It is pretty much a guarantee that hostile folks (including not only anti-choice law enforcement and prosecutors, but also private parties in states like Texas who may try to bring civil suits against third parties who help others travel out-of-state for reproductive health care) will be scanning social media in the coming weeks and months for such posts, and that they may use these posts as evidence in future prosecutions. Moreover, I think there is also the risk of sting operations, in which hostile folks could communicate via social media posing as a person needing this kind of help, but then using the chat log as evidence in a later prosecution.

Also --- I know many have said that current case law would prevent a state from prosecuting someone for helping another to travel to another state for a purpose that is legal in that state, but I personally do NOT trust SCOTUS to respect established case law anymore, which makes the risks very high.

My suggestion for those who are seeking to support others in exercising their civil rights in this area is to do this organizing work OFF-LINE as much as possible and to seek legal counsel in your area to have on standby in the event of prosecution.

Lastly, due to other commitments, I have very limited capacity right now to take on additional pro-bono legal work, so if you are in Oklahoma and are needing this kind of support, I would recommend contacting either the National Lawyers Guild - Oklahoma Chapter or the ACLU of Oklahoma for a referral.

06/03/2022

https://nlgmltf.org/anti-imperial-orientation-to-military-law-cle/

I'll be teaching this on June 15, 10 pacific/1 pm eastern via zoom. It is free for anyone to watch. For lawyers who want CLE credit, the cost is $50 (details on CLE accreditation is on the link above).

This CLE is the first session of the MLTF’s Advocacy & Activism Through Military Law training program. Other trainings will be available in the near future, and you can find out more on the MLTF Training Program page, and/or join our low-volume…Read More »

01/24/2022

From: https://jmbranum.com/index.html

Since 2016, I have primarily worked in the area of military law. It has been deep and meaningful work, but it is now time for a change.

I have decided to quit taking new cases with the hopes of retiring from doing military law cases by the end of 2022. I still will be working on military law issues in the future, but this work focus on writing, consulting, and teaching, rather than casework.

This decision was not easy, but it is right thing to do for my family. Most of my military law clients are dealing with serious trauma and often are also dealing with mental health issues. Doing these cases takes an enormous amount of emotional energy, which often leaves me depleted when it comes to my time with my family.

If you are needing legal counsel to help with a military law issue, I would encourage you to contact either the Military Law Task Force of the National Lawyers Guild or the GI Rights Network.

Since 2016, I have primarily worked in the area of miltiary law. It has been deep and meaningful work, but it is now time for a change.

01/06/2022

I had hoped to be able to start taking new cases in January of 2022, but 6 days in I'm already full and I suspect will be for the rest of January. This means I'm not taking on new cases except for simple Fort Sill PCF AWOL turn-in cases (who want extra support for the process).

If you are looking for legal counsel to help you with a military law issue, please instead either contact the Military Law Task Force of the National Lawyers Guild or the GI Rights Network.

09/17/2021

On March 16, 2021, a lawsuit was filed challenging DoDI 1325.06, Encl. 3(6)(d) Boyce Hydro, LLC, Boyce Michigan, LLC, and Edenville Hydro Property, LL

09/10/2021

ATTENTION: Active Duty and reserve members of the US Armed Forces

If you have wanted to participate in Black Lives Matter or other progressive protests, but have been told by your commanders and/or NCO's that doing this would potentially violate DODI 1325.06 (Handling Dissident and Protest Activities Among Members of the Armed Forces), please contact me, as a possible class action law suit is in the works to challenge certain portions of this regulation that are arguably unconstitutionally vague.

My contact info can be found at https://jmbranum.com/contact/

(please share widely)

Contact Office/Cell/Text: 405-494-0562 Fax: 580-414-3140 Standard Email: girightslawyer (at) gmail.com Encrypted Email: girightslawyer(at)protonmail.com (I do not check this email often, so please notify me via my standard email account that you have sent an email to me here). Postal Mail: James M.....

09/02/2021

COVID-19 POLICY UPDATED: September 1, 2021

Important notice: Due to the COVID-19 pandemic (and my own personal health issues which make me part of the vulnerable population), I am doing the following safety measures:

1. I will not do in-person indoor appointments with unvaccinated people, and will require masking when doing in-person indoor appointments.

2. I will not be accepting new cases (which might require in-person meetings or court appearances) of prospective clients who are not fully vaccinated as of December 1, 2021, with the exception of those people who have bona fide and verifiable medical reasons for not being vaccinated.

3. I am fully vaccinated against covid and will be getting the booster as soon as I am able to do so.

4. I love teaching CLE (continuing legal education) seminars. If you are part of a legal organization, local bar, etc, who is looking for tech-knowledgeable CLE presenter (who is well versed in using zoom), please be in touch. I have presentations ready to go on the following topics:

* Introduction to Military Law
* Defenses, Extenuation, Mitigation and aggravation in US Army AWOL/Desertion cases.
* Military Free Speech Rights

Contact Office/Cell/Text: 405-494-0562 Fax: 580-414-3140 Standard Email: girightslawyer (at) gmail.com Encrypted Email: girightslawyer(at)protonmail.com (I do not check this email often, so please notify me via my standard email account that you have sent an email to me here). Postal Mail: James M.....

08/09/2021

I'm expecting in the very near future that the DOD will issue an order that all members of the military receive the COVID vaccine.

It is my strong opinion that the DOD is doing the right thing, so I need to state for the record that I will NOT be accepting cases from servicemembers who wish to challenge COVID vaccination orders.

If you or someone you know is planning to refuse vaccination under these circumstances, you should of course consult with legal counsel. You have several options including using free military defense JAG (these are called "TDS"-Trial Defense Services in the Army, "ADC"-Area Defense Counsel in the USAF, Defense Services in the Navy, etc.) or you can find a civilian attorney to take on your case.

My ethical boundaries will not let me assist someone doing something that is harmful and dangerous to themselves and others. Please do not waste my time and yours by calling.

08/04/2021

UPDATE: I am still at capacity and am not taking new cases for the next few months.

The only exceptions are:

1. Free speech/dissent/conscientious objector cases,

2. Soldiers from the US Army (active duty, reserves and guard) who are AWOL from either basic training or AIT and who want extra support for a return to military control at the Fort Sill PCF (personnel control facility).

If you or someone you know is looking for a civilian attorney for a military law matter besides the above two categories, I would encourage you to consider doing the following:

(1) Contact Kathy Gilberd at the Military Law Task Force of the National Lawyers Guild at 405-619-463-2369 or at help(at)militarylawhelp.com. Kathy can give you a referral to one or more attorneys who might be able to help you.

(2) Contact the GI Rights Network at 1-877-447-4487. These folks are not attorneys but they can help servicemembers in many ways, including with attorney referrals.

06/15/2021

I am currently at capacity right now and am not taking new cases (with the exception of emergency cases involving free speech, protest rights and war resistance) through July 10.

If you or someone you know is looking for a civilian attorney for a military law matter, I would encourage you to consider doing the following:

(1) Contact Kathy Gilberd at the Military Law Task Force of the National Lawyers Guild at 405-619-463-2369 or at help(at)militarylawhelp.com. Kathy can give you a referral to one or more attorneys who might be able to help you.

(2) If the need isn't urgent, you can contact me via email ([email protected]) I'll schedule you for an appointment after July 10.

Thanks,
James

06/11/2021

“Worst news in years for opponents of the draft and draft registration” Editor’s Note: Due to the timely and critical nature of this article, which was included in the Summer 2021 issue of On Watch, we are bypassing our usual 30-day hold…Read More »

04/28/2021

Very happy to see the The Denver Post editorialize in support of my client's lawsuit against unconstitutionally vague regulations that if enforced would block the free speech rights of members of the military when they are living their private lives (when off-duty, out-of-uniform, off-post, and in the USA).

I strongly believe that all voices should be heard when it comes to the big issues of our day, and "all voices" includes members of the military. This is why this lawsuit is so important. It's not just about one national guard captain, its about the private who wants to attend a protest for black lives matters, and about the sergeant who wants to write a letter to the editor of her hometown newspaper, and about the Airman who wants to participated in a gay pride march.

Top leaders in Colorado’s National Guard are behaving badly.

04/02/2021

Guardsman Alan Kennedy is suing for reprimands he received after attending a Black Lives Matter protest in Denver and then writing a column about it.

03/17/2021

Capt. Kennedy asked a federal judge to declare that several of Colorado National Guard’s top commanders violated his First Amendment rights.

03/13/2021

02/23/2021

Just a reminder to any members of the U.S. Space Force... that if you are facing a court-martial, administrative board or other matter, that you DO have the right to hire civilian legal counsel (and that you legally can simultaneously keep your appointed military counsel in most cases).

I have not yet done a case from this branch, but I have worked with servicemembers from the Army, Air Force, Navy, Marine Corps and Coast Guard, and am looking forward to learning the details (including both the regulations but also culture) of the new Space Force.

Call or text me at 405-494-0562 or email me at [email protected] to make an appointment for your first phone/zoom consultation. The first call (up to 30 minutes) is free and my rates are on a very affordable sliding scale past there.