Marine loses appeal for new hearing in military protest case

KANSAS CITY, Mo. -- An Iraq veteran who wore his uniform at a protest lost his appeal Wednesday for a new hearing.

An attorney for Cpl. Adam Kokesh filed the appeal after a military panel that met Monday at the Marine Corps Mobilization Command in Kansas City recommended kicking Kokesh out of the Marines with a general discharge for the uniform infraction and using an obscenity in an e-mail to a superior officer.

His civilian attorney, Mike Lebowitz, said the three-member administrative board that heard the case was "improperly convened." He argued one of its members, Chief Warrant Officer Stephen Turner, isn't considered a commissioned officer for the purpose of serving on panels that decide whether to cut ties with Marines.

He said Marine rules require all such board members to be commissioned officers.

Brig. Gen. Darrell L. Moore, one of two officers who received an e-mail from Kokesh that contained an obscenity, dismissed the appeal, said Gunnery Sgt. Chad Homan. He said Moore is expected to complete his legal review of the board's proceedings and recommendation within the next week.

"He has taken the appeal to be unfounded and it is his determination to make," Homan said.

The dispute started after Kokesh, a member of Iraq Veterans Against the War, was pictured attending the March protest in a photograph that ran in The Washington Post.

During the hearing Monday, attorneys for Kokesh argued their client was not subject to military rules because he is a nondrilling, nonpaid member of the Individual Ready Reserve, which consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations.

His service is due to end June 18.

Kokesh said he removed his name tag and military emblems from his uniform, making it clear he was not representing the military. His attorneys also argued the demonstration was "street theater," exempting it from rules barring troops from wearing uniforms at protest activities.

While Lebowitz acknowledged he did not object to Turner's presence on the board during the hearing, he said the decision not to rehear the case is contrary to military regulations.

"I find it unfortunate that Moore has the final say in that decision when he is the one who is in a way directly involved in this case because Adam Kokesh included him in one of his e-mails," he said. "That decision shouldn't be left to General Moore; it should be made by an unbiased individual."