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Thursday, January 7, 2016

National Security

There was an exchange during my testimony in the CANVS V SOCOM case in front of the ASBCA that really pissed me off. It highlights a total lack of understanding or a willful attempt to get me in trouble by the lead defense attorney representing SOCOM. Here is the excerpt from the court transcript:

"I asked Mr. Walkenstein has he ever held a national security clearance since he left the Army. The answer is no. And so to that degree he has had conversations with Special Forces, intelligence community, et cetera. But in all those dealings it was not under national security. There may be sensitivities to the organization or to the agency, and Mr. Walkenstein refused to chat about these various people based upon his own belief he needs to protect the national security. He's under no obligation to protect the national security and this is very difficult to understand why we would not discuss Mr. ********** (Redacted) in open conversation."

First let me point out that the very same attorney that said this entered into evidence materials that clearly showed that his "the answer is no" comment is not true. I have been around lawyers too long, because I was wondering what law says that you have to obey the law? Here is the answer:

Article 14 Section 1 of The Constitution establishes that every citizen of The United States is under the jurisdiction of the law.

In edition to having to obey the law because I am a natural born citizen of the United States of America, I also took an oath of office when I entered the enlisted ranks of the US Army, and again when I earned the rank of Warrant Officer. Here is the oath:

United States Uniformed Services Oath of Office:
I, Jonathan Alexander Walkenstein, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Please notice that there is no expiration date on this oath. I am also bound by numerous laws related to the re-transmission of sensitive and or classified materials to protect National Security. Specific examples of some of the related laws include:

  • Executive Order 12356 (April 2, 1982; Ronald Reagan)
  • Executive Order 12958 (April 17, 1995; Bill Clinton)
  • Executive Order 13292 (March 21, 2003; George W. Bush)
  • The Intelligence Identities Protection Act of 1982 (Pub.L. 97–200, 50 U.S.C. §§ 421–426) [This is the basis in law for Mr. Walkenstein hesitance to discuss Mr. ********** (Redacted)

The Defendant is wrong; Mr. Walkenstein is bound by Oath and Law to protect the national security of The United States.

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