Oh no! (for now)

Read the Opinion, here
And now some disappointing news, friends, though accompanied by a little ray of hope.

Judge Urbina has granted the SSS's motion to dismiss, though has done so without prejudice. So what does that mean? Though this claim is dismissed for now, he has invited us to revise our claim and re-submit it, recognizing that the issues that he had with the previous claim may have been more semantic than substantial.

Since the filing of the claim back in August 2009, the discussion between ourselves and the SSS veered away from the salient issue of the claim- if they were going to recognize a Conscientious Objection claim or not- to whether or not they already were doing so.

They underscored a loophole in that they do keep little tiny photos of draftcards for eighty years after they receive them, where we had assumed they kept no record. Thus, they said, look, if you scribbled, "I'm a CO" in the margin of your draft card, we would record it, so what's the big deal? (This discussion can be seen in greater detail in the motion to dismiss and responses, attached to the previous post.)

Well, here's the deal. We replied that simple documentation wasn't what we meant by "official recognition" of a claim. According to the system, I would be just as ready to be drafted into the army as anyone else, and that is the point- my entire contention is that I am religiously unable to sign up to be considered ready for combat.

But, for now, we're back to square one. Thanks for your continuing support in this long and drawn-out process, and please, don't stop dreaming ;)

Hope you're well,
Toby

Well, at least we're going somewhere--

1. SSS Motion to Dismiss 2. Our Opposition 3. SSS Reply to Our Opposition

So, the SSS filed a motion to dismiss my case. This apparently signals the end of our talk of settlement, which is a little frustrating, but not really that unexpected. I still think our differences of opinion are really not that far off, and certainly bridgeable, but it seems that right now they'd rather return to the legal process than meet halfway. And what can I say? They gotta do what they think is best.

Here're the plot points: they've filed their motion, we filed an opposition to it, and then they got to file an opposition to our opposition. (All above for your viewing pleasure.) Now they're all in the hands of our Judge Urbina who has the task of sifting through them and deciding if he thinks the case is worth hearing or not. He may ask the lawyers involved to discuss the matter in person, in which case I might head over to DC again and try to be useful.

And, as always, I'm trying to be patient. If I've got to wait more than 3 years for relief, I've got to find a way to go on with my life anyhow. There's a reason this blog is titled The Long Way, I have to remind myself again and again, peace is my faith. Peace is my lifetime commitment. And when I realize that, the stress disappears; I'm doing what I love, striving to live well, and to me there's nothing better.

Thanks for your time, and I hope your striving well too,
Love,
Toby

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Still Working On It!

Until further notice, my lawyer and I are still in discussion with the Selective Service System and their legal help. (see preceding posts)

I'm not supposed to talk about the details, but I remain positive, and am trying hard to keep patient. Thanks to all of you who are trying to do the same.

Here's to peaceful alternatives open to all, someday.

Best to you and yours,
Toby

Getting Settled

The Department of Justice lawyer wants to pursue settlement.

We're working on a deal where my claim to conscientious objection will be recognized by letter before I register, in this way, the indication is that officially I am registering to be considered for non-military service.

This doesn't mean I will be guaranteed CO status if a draft occurs, but at least my intent is clear and the process is in accordance with my beliefs.

It's a very exciting development, honestly, I was prepared for a much longer and more difficult process. Still, it's not over yet- my lawyer and I have drafted our letter requesting recognition, but we have yet to hear a response. There may be quite a bit of negotiation still.

But if this really is it, if they really stick to their offer and are ready to accommodate my needs, well I'll be happy as a clam and grateful for such swift satisfaction.

I hope your fall is progressing as encouragingly as mine,
Love,
Toby