Subject: URGENT! U.S. Constitutional Civil Rights Violations Under Your Command
Date: December 18, 2022 at 2:44:46 PM MST
Cc: Amy Rivera, Michael Lutton, Charles Q. Brown, Frank Kendall, Don Rehkopf
Colonel Jason F. Vattioni
Commander
377 Air Base Wing
Air Force Global Strike Command
Kirtland AFB
Albuquerque, New Mexico
505-246-7377
RE: U.S. Constitutional Civil Rights Violations Under Your Command
Colonel Vattioni,
There exists a noxious, EXTREMELY highly visible, and wholly unconstitutional “Christian proselytizing” Security Forces activity occurring within your command at the 377 Air Base Wing at Kirtland AFB.
My name is Mikey Weinstein and I am the Founder and President of a large civil rights advocacy organization called the Military Religious Freedom Foundation (MRFF). MRFF presently represents over 81,000 military personnel and veterans in support of the Constitutionally-mandated separation of church and state in all of DoD, the 17 national intelligence agencies, and DHS. Approximately 95% of MRFF’s clientele are practicing Christians themselves.
In the illicit matter at hand, MRFF is currently representing a number of active duty U.S. Air Force officer and enlisted personnel under your direct command, as well as retired and honorably-discharged veterans most of whom who routinely use your facilities at Kirtland Air Force Base.
Several of our numerous MRFF clients in this sordid matter have written e-mails to us, which you will see below my e-mail herein to you.
I won’t belabor the point, as their e-mails, below, do a fine job of explaining the wretched, unconstitutionality of what your Security Forces (SF) gate guards are currently engaged in.
Simply put, Col. Vattioni, your armed SF gate guards, under your direct command, may NOT have “In God We Trust” velcroed to their duty uniforms in plain public view! Further, when confronted and challenged by active duty and retired military officers asking why they have that sectarian patch displayed prominently on their uniforms, your gate guards are further exacerbating the matter by telling these inquiring officers that the reason is that they ”...are Christians….” and THAT is why the patch is there!!!
Colonel, besides the OBVIOUS 1st Amendment violation of the No Establishment Clause, your SF gate guards are also DIRECTLY violating Air Force Instruction (AFI) 1-1, Section 2.12, which states:
AFI 1-1, Section 2.12 (emphasis added):
2.12. Balance of Free Exercise of Religion and Establishment Clause. Leaders at all levels must balance constitutional protections for their own free exercise of religion, including individual expressions of religious beliefs, and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions cannot reasonably be construed to be officially endorsing or disapproving of, or extending preferential treatment for any faith, belief, or absence of belief.
I want to make it clear, as well, that AFI 1-1, Section 2.12 is NOT a mere “Advisory” USAF regulation. Quite on the contrary, sir, it is totally DIRECTIVE, meaning that those who violate it may be prosecuted and punished as a felony under the Uniform Code of Military Justice (UCMJ); for example, Article 92, “Dereliction of Duty,” as AFI 1-1 itself point out at the very beginning of the text of that vital regulation.
Colonel, can you even IMAGINE the universal, unbridled HELL that would have broken loose if those patches on their Air Force Security Forces duty uniforms had instead stated “In Allah We Trust,” “In Satan We Trust,” or “In No God We Trust”?!
Are you getting this, Colonel Varttioni?
I spoke this morning to a senior enlisted member of your SF Squadron, a “Flight Chief" who seemed to think that all of this disgrace was actually fine because “In God We Trust” was reaffirmed by a U.S. Congressional Resolution in 2011 as America’s motto.
Uh huh. Really?!
So let’s try this, eh? Let’s substitute another U.S. Congressional Resolution, as swiftly uncovered by MRFF’s Research Dept. this AM:
If a House resolution reaffirming "In God We Trust" as the official motto of the United States carries weight, then another House resolution stating "The House of Representatives recognizes the Islamic faith as one of the great religions of the world" carries the same weight. Therefore, shouldn’t Muslim airmen be able to wear the quote "The House of Representatives recognizes the Islamic faith as one of the great religions of the world" on their uniforms and say they put it there because they "are a Muslim”?! (H.Res.635, 110th Congress).
Here’s the bottom line, Colonel Vattioni:
Your 377 Air Base Wing SF gate guards are NOT just actively engaged in this unconstitutional and obviously sectarian Christian proselytizing activity by themselves. Indeed, their SF Squadron and/or Group chains of command must also be fully cognizant of and supporting this reprehensible behavior which inter alia directly violates AFI 1-1, Section 2.12, as well as the oaths they all swore to support and defend the United States Constitution.
MRFF hereby demands that you:
(1) order these “In God We Trust” patches to be immediately removed from the duty uniforms of all members of the 377 Air Base Wing’s Security Forces Group and Squadron, under your command; and that,
(2) all Air Force personnel who either directly or even indirectly allowed this Constitutionally-repugnant activity to occur be aggressively investigated and, if found culpable, strongly and visibly disciplined and punished for their deliberate transgressions of AFI 1-1, Section 2.11 as well as all other relevant Air Force Directives, Instructions, Regulations, and UCMJ provisions.
Lastly, Colonel Vattioni, please recall well the Core Values of the U.S. Air Force; “Integrity First, Service Before Self, Excellence in all We Do.”
Your Air Force SF armed gate guards and their cognizant Air Force senior chain of command enablers are ABSOLUTELY violating and making a pathetic mockery of every salient aspect of those vaunted Core Values with their sectarian Christian proselytizing actions as per their display of that “In God We Trust” patch with the “I’m a Christian” verbal kicker!!
Please see the 3 e-mails below. I will stand by for your earliest response, Colonel Vattioni.
I am also copying above MRFF’s lead military law litigator, Mr. Donald Rehkopf.
Sincerely,
Michael L. “Mikey” Weinstein, Esq.
Founder and President
Military Religious Freedom Foundation
505-250-7727
