SCOTUS Opinion Striking Down Stolen Valor Act

The Supreme Court issued three bad opinions this week, on immigration, health care, and Stolen Valor. Even though they struck down the Stolen Valor Act, they made clear again that lying under oath is perjury and there's no constitutional right to do that. From Justice Kennedy’s plurality opinion: The same point can be made about what the Court has confirmed is the “unquestioned constitutionality of perjury statutes,” both the federal statute, §1623, and its state-law equivalents. United States v. Grayson, 438 U. S. 41, 54 (1978). See also Konigsberg v. State Bar of Cal., 366 U. S. 36, 51, n. 10 (1961). It is not simply because perjured statements are false that they lack First Amendment protection. Perjured testimony “is at war with justice” because it can cause a court to render a “judgment not resting on truth.” In re Michael, 326 U. S. 224, 227 (1945). Perjury undermines the function and province of the law and threatens the integrity of judgments that are the basis of the legal system. See United States v. Dunnigan, 507 U. S. 87, 97 (1993) (“To uphold the integrity of our trial system . . . the constitutionality of perjury statutes is unquestioned”). Unlike speech in other contexts, testi- mony under oath has the formality and gravity necessary to remind the witness that his or her statements will be the basis for official governmental action, action that often affects the rights and liberties of others. Sworn testimony is quite distinct from lies not spoken under oath and simply intended to puff up oneself. Meanwhile, the liars keep at it. Justice Alito mentioned some notable cases of prominent people lying about receiving the Medal of Honor, Purple Heart, etc. : Notorious cases brought to Congress’ attention included the case of a judge who falsely claimed to have been awarded two Medals of Honor and displayed counterfeit medals in his courtroom; a television network’s military consultant who falsely claimed that he had received the Silver Star....

Good Form to Request Military Records Under Freedom of Information Act

The webmaster at This ain't hell but you can see it from here sent me this excellent form for getting military records. 

XXXXXXXX

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June 22, 2012

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This is a request under the Freedom of Information Act (FOIA).

I request that all information releasable under the FOIA concerning the following individual's military service be provided to me.  A listing of all units of assignment, their geographical locations, and dates of assignment to these units is specifically requested.  A listing of all decorations/medals/badges for which this individual is qualified or entitled is specifically requested.  A listing of all military occupational specialties assigned to this individual is also specifically requested.  In particular, please identify any combat-zone service and whether or not this individual received any decorations relating to that combat zone service. 

LAST NAME:  LASTNAME

FIRST NAME: Firstname

MIDDLE NAME: Middlename

DATE OF BIRTH: DD Month YYYY

PLACE OF BIRTH: Town, Sate

SSN/Service No: ###-##-####

SERVICE:  US Army, US Army National Guard, US Army Reserve, etc . . .  

DATES OF SERVICE: DD Month YYYY to DD Month YYYY

This individual is not deceased and is no longer serving on active duty with the US Army.  The individual reportedly served in the MN ARNG 114th Transportation Company.

I am an individual seeking this information for personal, non-commercial use. 

(If you're doing this for a client, you might need to change this part to reflect that you're doing so in relation to a legal proceeding and/or for profit.)

I am willing to pay appropriate fees associated with this request up to a maximum of $###.##.  However, I request a waiver of any applicable fees.  I am seeking this information to confirm/refute potentially false or misleading claims made by this individual regarding his military service.  Confirmation or refutation of these claims is in the best interests of the United States.

I request that the requested information be mailed to me at the following address:

XXXXXXXXXX

XXXXXXXXXX

Town, State  ZipCode

I thank you in advance for your assistance.  Should you have questions, please contact me at ###-###-####, or via e-mail at e-mailaddress@domain.whatever.

  Firstame MI Lastname

Good Form to Request Military Records Under Freedom of Information Act

The webmaster at This ain't hell but you can see it from here sent me this excellent form for getting military records. 

XXXXXXXX

XXXXXXXXXXXXXXXX

June 22, 2012

XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXX

This is a request under the Freedom of Information Act (FOIA).

I request that all information releasable under the FOIA concerning the following individual's military service be provided to me.  A listing of all units of assignment, their geographical locations, and dates of assignment to these units is specifically requested.  A listing of all decorations/medals/badges for which this individual is qualified or entitled is specifically requested.  A listing of all military occupational specialties assigned to this individual is also specifically requested.  In particular, please identify any combat-zone service and whether or not this individual received any decorations relating to that combat zone service. 

LAST NAME:  LASTNAME

FIRST NAME: Firstname

MIDDLE NAME: Middlename

DATE OF BIRTH: DD Month YYYY

PLACE OF BIRTH: Town, Sate

SSN/Service No: ###-##-####

SERVICE:  US Army, US Army National Guard, US Army Reserve, etc . . .  

DATES OF SERVICE: DD Month YYYY to DD Month YYYY

This individual is not deceased and is no longer serving on active duty with the US Army.  The individual reportedly served in the MN ARNG 114th Transportation Company.

I am an individual seeking this information for personal, non-commercial use. 

(If you're doing this for a client, you might need to change this part to reflect that you're doing so in relation to a legal proceeding and/or for profit.)

I am willing to pay appropriate fees associated with this request up to a maximum of $###.##.  However, I request a waiver of any applicable fees.  I am seeking this information to confirm/refute potentially false or misleading claims made by this individual regarding his military service.  Confirmation or refutation of these claims is in the best interests of the United States.

I request that the requested information be mailed to me at the following address:

XXXXXXXXXX

XXXXXXXXXX

Town, State  ZipCode

I thank you in advance for your assistance.  Should you have questions, please contact me at ###-###-####, or via e-mail at e-mailaddress@domain.whatever.

  Firstame MI Lastname

Stolen Valor Act struck down; will authorities go after a rich Republican like they do a working class stiff?

As part of its coverage on SCOTUS finding the Stolen Valor Act unconstitutional the San Antonio Express-News has a sidebar describing three recent cases in this area: Recent ‘Stolen Valor' cases Herbert Williamson III: Kerrville resident has claimed to be a decorated Vietnam veteran and retired colonel from the Army Reserve. A Stolen Valor complaint was filed with the FBI. Timothy Michael Poe: Army veteran who was treated at San Antonio Military Medical Center admitted in June that a story he told on “America's Got Talent” about being wounded in Afghanistan, as well as other stories and claims of being awarded medals, were not true. No suits have been filed against him. Brian Culp: Army veteran from San Antonio was sentenced in 2009 to three years of probation for charges of falsely claiming to be a highly decorated U.S. Army Ranger. After he failed to follow instructions from probation officers, he was sentenced to nine months in jail in December 2011. Russell Fris: Army veteran pleaded guilty to misdemeanor perjury after he falsely testified during a 2009 child custody case in Kerrville that he'd been awarded the Medal of Honor. Fris received 18 months' probation................. Let's see if Mr. Williamson, who is a wealthy Republican gets the same treatment as Russell Fris got. Oh yeah, Fris is from out of town and is a nobody. SCOTUS, with its Stolen Valor, Arizona immigration, and Obamacare rulings, all this week, confirms that the justices just make up the law to serve the power elite. Herbert C. Williamson testified in a grand jury proceeding to get a former business partner indicted - wearing a Distinguished Flying Cross, which he didn't earn. I think a bit of turnabout is fair play - INDICT HIM.

Updated - Secret Squirrel: New Picture of Stolen Valor Herbert C. Williamson III

From San Antonio Express News Herbert C. Williamson III was invited - as a professed Vietnam vet - to speak at this March 15 2010 event honoring veterans at the Kimble County Courthouse in Junction. Photo Courtesy of The Junction Eagle. Photo: Courtesy / SA Can anyone tell me what unit's patch he's wearing? - I think it's for Airborne - a sword with two lighting bolts? If so, that means in his four months active duty when he was in basic training for the National Guard, he also did jump school, basic helicopter flight school, then qualified in Hueys and OH-60's, and flew choppers in Vietnam for a year! Holy ----, he really packed a lot into those four months!! ...................... I saw the name "Secret Squirrel" in a blog,"This ain't hell but you can see it from here," by real vets, about Williamson with his cav hat and flight jacket, which someone points out is also a fake. The comments are hilarious. ....................... The Supreme Court struck down the Stolen Valor Act today on the grounds that it violated the 1st Amendment right to free speech. That won't help Secret Squirrel, who made his claims of being a "highly decorated Vietnam vet" and recipient of the Purple Heart in two depositions. One was in a federal case, the other in a state court case. Both were under oath, and subject to prosecution for perjury. Most Stolen Valor criminal cases were for misdemeanors. Perjury is a felony. ............................. Some of the online comments at the SA Express are hilarious. I think that Colonel Secret Squirrel himself is using the nom de guerre 98GolfRU. Or someone as delusional as he is. Whoever it is is unhinged, challenging me to a duel: "Thank you sleazeball attorney for misrepresenting the career of an American hero. It's a shame you don't have deep pockets so you can experience the fear of being sued and defamed. Hypothetically speaking that is. I wish Kerrville had an octogon and these challenges could be played out with so much more satisfaction. Are you willing, sleazeball attorney and your former client?" I'd take both of you on. ............ I wonder if Col. Squirrel would really show up for a duel? He sure as hell didn't fight in any war like he claims he did. More comments by 98GolfRU: 98GolfRU 7:22 PM on June 26, 2012 Why don't you contact the sleazeball attorney and ask him if the FBI told him to stop wasting their time. It will be somewhat slower from the DA. 98GolfRU 9:03 AM on June 26, 2012 Just because Zeke did shoddy research and wrote an article based on information supplied by a sleazeball attorney, don't think for a second that smearing a veteran's reputation on this comment board makes you look anything but small minded. Did you think to ask Zeke if he researched under what circumstances the Department of Defense hides that information? If the article had been fair and balanced he would have. There are valid even patriotic reasons. There have been a lot of intelligent comments too. For example: 22455003 8:29 PM on June 27, 2012 Oh my.....I have been ultra harsh in my comments in a satirical way, as i oppose what the Kerr County good old boy club stands for. This photo makes me sad, and I wish he would get some advice on damage control. If he sticks to his story this photo could go viral on the internet and the damage will be immense. If he comes clean most of this will go away. Everyone (almost everyone) deserves a second chance. He should seek advice from professionals on how to handle this. The cover up is always worse than the crime.................. I believe the local paper, Kerrville Daily Times, may be looking into this now. Col. Secret Squirrel can get the truth out there - tell the reporter the same things he testified to under oath in not one, but two depositions - flew OH60 scout helicopters for a year in Nam, awarded DFC for rescuing an ARVN officer and his radio man under fire, then 30 years in the Reserve, retiring as full colonel. In Who's Who - awarded DFC, Purple Heart, Bronze Stars, Air Medals, etc. There's nothing stopping him - and he can't hide behind "I was a secret agent man" or "my mission was classified." He's made these claims in every company whose board he's served on - Toreador Resources, ZaZa Energy, Merlon Petroleum, Seven Seas Petroleum, and so on. Readers can google "Herbert C. Williamson III" + Vietnam and see for themselves.

Kerrville Stolen Valor Perp Photo

This is the photo that was on the front page of today's San Antonio Express News with the article by Zeke MacCormack about Herbert Clarke Williamson III of Kerrville who claims he flew scout helicopters in Vietnam, received numerous medals including the Distinguished Flying Cross, Purple Heart, Air Medals, Bronze Star, etc. At the time he claims he was in 'Nam he was in basic training for the Conn. National Guard. This picture was taken at a function for Vietnam vets in Junction. Our hero dressed in a flight suit with a shoulder patch for a unit he wasn't in, and a blue cavalry hat with gold braid, which my military friends tell me is reserved for generals. Mr. W. was a private in the National Guard. If the Supreme Court upholds the Stolen Valor Act he may have some serious legal problems.

Stolen Valor Act - Kerrville Perp

In today's San Antonio Express News by Zeke MacCormack
Executive's military claims challenged
KERRVILLE — As the U.S. Supreme Court prepares to announce its ruling Thursday on the constitutionality of the Stolen Valor Act, questions have arisen about an oil company executive's claims about his military record.
The act made lying about receiving military awards a federal crime.
Herbert Williamson III has claimed to be a decorated Vietnam veteran and retired colonel from the Army Reserve......In sworn depositions for the lawsuit, he said he was in the Army from 1970 to 1973, rising to the rank of chief warrant officer, second class. He also claimed to have served one year in Vietnam, earning a Distinguished Flying Cross in 1971 as a scout helicopter pilot.
But Connecticut National Guard records indicate he served in that state from January 1971 to August 1972, working as a communications wireman at the rank of private first class.


Read more: http://www.mysanantonio.com/news/local_news/article/Executive-s-military-claims-challenged-3662148.php#ixzz1ytljiyL4

I filed a complaint with the FBI against Herbert Clarke Williamson III for violating the Stolen Valor Act (18 U.S.C. 704) which makes it a crime to lie that you earned military honors. In cases of the higher medals, like the Medal of Honor, it is a felony. Lying about other medals, say a combat infantryman badge, is a misdemeanor, punishable by up to a year in prison. The act may be struck down by the Supreme Court. In U.S. v. Alvarez, a fraud stood up in a city council meeting and claimed he had won the Medal of Honor. He was convicted, and appealed on the grounds that the law violated the right to free speech under the First Amendment. SCOTUS heard oral argument in February, and will issue its opinion soon. Basically, the argument against the law is that anyone has the right to lie, just like they do to burn the American flag, disrupt military funerals because somehow that has something to do with God's judgment against America for tolerating homosexuals, or to produce and sell pornography. On the other hand, there is no First Amendment right to lie in a court proceeding, which includes a deposition. That's perjury, and depending on whether it's in federal or state court, or the "materiality" of the lie, it can be a felony. I also provided the FBI with the transcript of a deposition in a bankruptcy case (which is in federal court) where Williamson repeated the whoppers, even describing how he heroically rescued a South Vietnamese officer and his radioman under hostile fire. Herbert C. Williamson III, the fake hero in Zeke MacCormack's story is not some ignorant, uneducated nobody. He really did get his MBA from Harvard, has made millions as a corporate takeover raider, been an investment banker, and still serves as chairman of the board of several publicly traded companies. He claims in their annual reports and prospectuses to persuade investors to buy their stock (and those documents are filed with the SEC) that he is a highly decorated Vietnam vet, helicopter pilot, and served 30 years in the Army Reserves, retiring as a colonel. The truth is - he was a private in the Connecticut National Guard, his MOS was Field Wireman (telephone installer/repairman), his four months of active duty was spent in basic training, and he never got a rank higher than private. He testified in a deposition that I took (on videotape) that he received the DFC, and flew Scout helicopters in Vietnam. In a grand jury proceeding (also on videotape) he wore a DFC on his lapel. I'm sure that impressed the grand jurors - it impressed the hell out of me. Stolen Valor What really puzzles me is this: how could anyone be delusional enough to believe they could lie about being war heroes? My wife's father was the real deal - he was with the Marines that took Guadalcanal, a turning point in the Pacific War. He never told stories that made him look brave or like a hero. He told funny stories, like hotwiring a Jap truck and loading it with food and supplies that the Army left unguarded. There's a hilarious scene in The Pacific based on that event. But he was there for six months, with the Japs dropping bombs and shelling them from the sea every night, and going on patrols in elephant grass that was ten feet tall, literally running into Jap patrols. He never totally recovered from the malaria he contracted there. Anyone who would make up stories that star themselves as heroes are liars and cowards, and thieves, stealing from the real heroes. The unanswered question is, why? Some of these frauds have legitimate accomplishments, but still feel inadequate. As an example, here is Mr. Williamson's bio currently online, which accurately claims a Harvard MBA....................... Executive Profile Herbert C. Williamson III Chairman and Chairman of Audit Committee, ZaZa Energy Corporation Age Total Calculated Compensation This person is connected to 11 Board Members in 11 different organizations across 27 different industries. See Board Relationships 62 -- Background Mr. Herbert C. Williamson III, Herb Mr. Williamson is owner of a game ranch in Hunt, Texas, and has significant oil and gas experience with a strong focus on international activities. Mr. Williamson has been a private investor since 2001. Prior to 2001, Mr. Williamson held numerous director and officer positions with a variety of energy and finance companies. He serves at Titan Exploration, Inc. His experience includes positions at Jones, Lloyd & Webster and Lehman Brothers, both in Houston, in the corporate finance area. From March 2001 to March 2002, Mr. Williamson served as an Investment Banker with Petrie Parkman & Co. From April 1999 to March 2001, Mr. Williamson served as Chief Financial Officer of Merlon Petroleum Company and served as a consultant and interim Chief Financial Officer from January 1999 to March 2002. Mr. Williamson served as an Executive Vice President and Chief Financial Officer of Seven Seas Petroleum Inc., from March 1998 to April 1999. From June 1995 to March 1999, he served as Director in the Investment Banking Department of Credit Suisse First Boston. Mr. Williamson served as Vice Chairman and Executive Vice President of Parker and Parsley Petroleum Company (now Pioneer Natural Resources Company) from April 1985 to April 1995. Mr. Williamson has been Chairman of the Board at ZaZa Energy Corporation since May 2012. Mr. Williamson has over 30 years of experience in the oil and gas industry and investment banking business. he served as an Independent Vice Chairman of Toreador Resources Corp. since January 25, 2007. He has been a Director of Titan since August 1999. He has been Director of ZaZa Energy Corporation since February 22, 2012. Mr. Williamson has been an Independent Director of Toreador Resources Corp. since January 2006. He has been an Independent Director of Eagle Rock Energy G&P LLC at Eagle Rock Energy Partners, L.P. since July 30, 2010. He serves as a Director at Merlon International Inc. He served as a Director of Westside Energy Corp. since March 30, 2005. He served as a Director of Golden Gate Homes, Inc. (alternate name, JK Acquisition Corp.) from May 31, 2005 to May 28, 2008. From April 19, 2002 to March 2003, he served as a Director of Southwest Royalties, Inc., a Managing General Partner of 20 Income Funds in the fund Complex. He served as a Director of Merlon Petroleum Company (a private oil and gas company engaged in exploration and production in East Texas and Egypt) from August 1998 to March 2001 and was a Director of Seven Seas Petroleum, Inc. Mr. Williamson served as a Director of Mission Resources Corp. since November 2002. He served as a Director of Energy Group at CS First Boston. From April 1997 to February 2002, Mr. Williamson served as a Director of Pure Resources Inc. and its predecessor, and during this tenure he served as Chairman of the special committee in connection with the tender offer made by Unocal. He served as a Director of Crusader Energy Group Inc. until June 2009, Parker & Parsley Petroleum Company from 1989 to 2005 and Petrohawk Energy Corporation from July 28, 2005 to July 2006. He is also a highly decorated Vietnam veteran and a retired Colonel in the US Army Reserve with Military Intelligence and Civil Affairs command positions. Mr. Williamson earned a Bachelor of Arts Degree from Ohio Wesleyan University and Masters of Business Administration from Harvard Business School.

Judicial Corruption in South Texas (what else is new?); Trigger happy police chief in Williamson Co.; Fake War Hero/County Singer Star Wannabee

Woman says Florence police chief shot her dog and her son's dog By Claire Osborn AMERICAN-STATESMAN STAFF Florence's (Williamson Co.) chief of police has been accused of shooting two dogs by a local resident, a claim the city will neither confirm nor deny. Louise Vybiral said Florence Chief of Police Julie Elliott-Abshire shot her dog, a Rhodesian ridgeback named Sassy, twice in the shoulders and shot her son Derrick's pit bull, Boomer, in the ear Friday. She also said a bullet went through the front window of her son's house, which is next to hers. Her daughter and her 2-year-old granddaughter were in Derrick's home at the time of the shooting, she said. A friend returned the dogs to Vybiral's backyard, she said. Vybiral's daughter, Caren, said she then heard gunshots and opened the front door to find the police chief yelling at her. The chief had shot Sassy, who had apparently escaped from the backyard, Caren Vybiral said. Caren Vybiral said she could not understand what the police chief was yelling at her except that "she used the B-word and asked me why I didn't open the door." SA singer accused of lying about war injuries A San Antonio singer who told viewers of “America's Got Talent” Monday that he was flown out of Afghanistan after being badly injured in a grenade blast was actually evacuated for an ear problem, according to National Guard records. Timothy Michael Poe, a sergeant who delivered supplies, had been in Afghanistan for just over a month in summer 2009, Master Sgt. Daniel Ewer, a Minnesota National Guard spokesman, said Wednesday. .......... It's not just dumb-ass redneck country types who lie about their military service. Prominent politicians and businessmen have gotten busted. There's a veteran's organization, Stolenvalor.org, that is a great resource for exposing these frauds............ Convicted judge to testify against alleged accomplice BROWNSVILLE — A former state judge who pleaded guilty to running his court as a cash-generating enterprise is scheduled to testify Thursday in the first case of an accused cohort to go to trial. Abel Corral Limas took a plea deal in March of 2011, soon after an indictment outlined how government investigators had, via wiretaps and other surveillance, caught him in the act of accepting bribes in exchange for favorable rulings, with payers ranging from a bail bondsman to high-profile attorneys and a now-indicted Cameron County district attorney, Armando Villalobos. Villalobos, who has pleaded not guilty to the charges, is likewise on the government witness list in the trial of Ray Marchan, a Brownsville-based attorney who is fighting to prove he was not part of the conspiracy. Twist in Lackland scandal Trainer admits to abuse of more recruits. Months after the Air Force accused an instructor of having illicit sexual contact with 10 women, it is grappling with the stunning revelation that another trainer admitted to improper involvement with 10 other fledgling airmen. Although Peter Vega-Maldonado admitted in a plea bargain to having sex with one woman after her graduation from basic training at Joint Base San Antonio-Lackland, he told prosecutors after striking the deal that he actually had improper contact with 10 trainees............. just because someone wears a military uniform doesn't make him a hero. Any big organization is going to have its share of loafers, predators and losers. It's an insult to the soldiers, Marines, airmen, and sailors who are sacrificing to keep this nation safe.