Texas congressman won’t stop wearing combat Infantryman Badge that was revoked

MicroWave@lemmy.world to politics @lemmy.world – 462 points – Texas Congressman Won't Stop Wearing Combat Infantryman Badge that Was Revoked
military.com

More than a month after a news report revealed that the Combat Infantryman Badge Rep. Troy Nehls, R-Texas, wears on his lapel was revoked since he was never eligible for the award to begin with, the congressman refuses to take the pin off.

Nehls' stubbornness has garnered growing criticism from veterans and others in the community of stolen valor researchers, who say the issue is simple: The rules for the CIB are clear, and Nehls did not qualify.

"The veteran community is starting to get to the point now where there's no room for forgiveness at this point because now they see, ‘Hey, this wasn't an error. He's doubling down now,’" said Anthony Anderson, an Army veteran who runs Guardian of Valor and was instrumental in uncovering Nehls' revoked award. "He knows he didn't earn this award."

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Prosecute him under 18 U.S.C. § 704

The Stolen Valor Act of 2013 amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both for an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:

  • Medal of Honor
  • Distinguished Service Cross
  • Navy Cross
  • Air Force Cross
  • Silver Star
  • Bronze Star
  • Purple Heart
  • Combat Action Ribbon
  • Combat Infantryman's Badge
  • Combat Action Badge
  • Combat Medical Badge
  • Combat Action Medal
  • Or any replacement or duplicate medal for such medal as authorized by law.

Good. So there is a law for that. Now someone has to apply this to him.

In Texas? I’ll hope for it, but I won’t hold my breath.

Considering this is a federal crime, Texas has to have very little to do with it.

Good point! Of course, some will still call it “weaponizing the justice system” and/or “lawfare”.

This would be a relatively harmless and clear-cut opportunity for another Republican to step up and show they have some standards. Ahem.

Good? I don't think it's good that you can go to jail for a year for wearing a colorful ribbon

You can also go to jail for wearing a shiny policeman's badge when you aren't one. This is no different.

Only if you claim to be a cop. Per federal law, you can wear one for fun if you want

It is a defense to the prosecution under this section if the badge is used or intended to be used for exclusively--- (1) as a memento, or in a collection or exhibit; (2) for decorative purposes; (3) for a dramatic presentation, such as a theater, film, or television production; or (4) **for any other recreational purpose. **

Huh. I didn't actually know that. Interesting.

Even if you are just doing it for fun though 99% of cops will bag you for impersonating an officer of the law. You might go free later but that isn't likely to stop the arrest.

Claiming to be a war hero when you're not is fraud

Is it though? I can claim to be Jesus Christ or sporty spice or Jonathan Taylor Thomas. I can even dress like them. That by itself doesn't get me thrown in jail.

In this case it also wouldn't, stolen valor only applies of you do it to "obtain a tangible benefit" IE discounts, or deceiving voters.

[...]with intent to obtain money, property, or other tangible benefit[...] [emphasis added]

There's your problem. You'd have to demonstrate that he claimed the badge in order to receive some benefit. He's a congressional member of Texas, and Republican; by winning the primary--which likely did not hinge on the medal--he was almost certain to win the general election.

This would be a very, very hard case to make as a prosecutor.

Not that I want to defend the guy, but what's the tangible benefit? The law doesn't apply to just being an asshole.

He's been using it to further his political career and court donations.

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