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From: Michael L Weinstein <mikeyw4444@icloud.com>
Subject: Lt. Gen. Tony Bauernfiend, You Are Now Batting 1 For 4
Date: October 11, 2024 at 11:00:30 AM MDT
To: Lt. Gen. Tony Bauernfiend
Cc: Chief of Staff of the Air Force Gen. David W. Allvin, Chairman of the Joint Chiefs of Staff Gen. Charles Q. Brown, Secretary of the Air Force Frank Kendall
Ok, Tony, so you took over as the brand new U.S. Air Force Academy (USAFA) Superintendent, Commander, and President, my alma mater and the alma mater of 3 of my kids, just 81 days ago on August 2, 2024.
In that very brief span of time, you have ineptly managed to ALREADY insert yourself onto the Military Religious Freedom Foundation’s (MRFF’s) “Immediate Intervention Radar” 3 TIMES?!…see here, here, and here.
Notwithstanding these ignominious, foregoing acts of “swinging and missing” thrice in such a short period, you have FINALLY gotten a clean hit! It’s at least a double, if not a triple. It might have even been a homer had you not already very publicly swung and missed on the 3 prior MRFF matters referenced above.
I am referring to your nonpareil memo to all of USAFA, dated 10 days ago on October 1, 2024. This admittedly excellent missive to the totality of your USAFA faculty, cadet, and staff subordinates represents a significant positive move on your part in that you are expressing the clear intent of an already existing, but often illicitly and unconstitutionally ignored, Air Force Instruction (AFI), specifically AFI 1-1, Section 2.16. Ergo, MRFF commends you here.
2.16. Balance of Free Exercise of Religion and Establishment Clause. Leaders at all levels must balance constitutional protections for free exercise of religion and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions do not discriminate against any individual or group because of their faith, belief, or absence of belief, or extend preferential treatment for the same. Leaders must ensure that their personal expression is not reasonably associated with their government role, but may engage in such expression per DAFI 52-201, Religious Freedom in the Department of the Air Force.
Few, if any, prior or existing Air Force Commanders ANYwhere have made such an important official declaration.
Thus, we at MRFF can now say that we are perhaps “guardedly optimistic” that you and USAFA may stay out of our USAFA MRFF clients’ faces for a while now, maybe even a long while, Tony?!
Actually, you could even buttress this latest initial good move on your part by resolving a trio of key MRFF Freedom of Information Act (FOIA) disasters at USAFA, which are getting more disgraceful and “litigate-able" each day because of how BLATANTLY LATE USAFA is in responding to MRFF pursuant to blackletter, foundational Federal FOIA law.
Getting USAFA’s FOIA officer to finally, after years of stalling, fulfill these extremely overdue FOIA requests that we submitted two years ago, long before you assumed the superintendency, would go a long way towards convincing us that we have reason to be optimistic that a positive turnaround is happening under your leadership. The FOIA request case numbers are 2023-00085-F (which was submitted on October 7, 2022), 2023-00292-F (which was submitted on October 21, 2022), and 2023-00347-F (which was submitted on October 25, 2022).
Indeed, Tony, it might be nice not to have to sue USAFA, and win multiple thousands of dollars yet again by having USAFA actually comply with clearly and universally recognized and observed Federal FOIA time mandates in releasing the critical information MRFF is demanding from it.
Such compliance would surely even further raise your current MRFF batting average significantly.
Looking so forward to seeing you at the Air Force vs. University of New Mexico football game in Albuquerque tomorrow afternoon.
GO FALCONS! BEAT THE LOBOS!
Sincerely,
Michael L. “Mikey” Weinstein, Esq.
Founder and President
Military Religious Freedom Foundation
505-250-7727
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