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: Legal Pad | LA

Lying about military medals is not a crime, says 9th Circuit

By Richard Binder

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Xavier Alvarez was elected in 2006 to the Three Valley Water District board in Pomona and, during a public meeting in 2007, introduced himself as a retired Marine who was once awarded the Medal of Honor. It not only turned out that he was lying, but that lie got him prosecuted under a 2006 federal law that prohibits falsely claiming to have won a military decoration.

Alvarez pleaded guilty and was sentenced to probation, fined $5,000 and ordered to perform 416 hours of community service.

The Ninth U.S. Circuit Court of Appeals, however, ruled that the federal law was unconstitutional and the government cannot prosecute someone for merely lying. Dissenting in the 2-1 ruling, Judge Jay Bybee said Alvarez' lies "dishonor ... every service member who has been decorated in any way, and every American now serving."

Full post as published by Legal Pad | LA on August 18, 2010 (boomark / email).

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