A 3rd Infantry Division soldier - jailed for writing and distributing copies of a rap song he wrote against the Department of Defense's policy of holding service members beyond their original commitment dates, or "stop loss" - is headed to Kuwait. Fort Stewart officials confirmed Wednesday that Spc. Marc Hall of Coward, S.C., will be transferred overseas in the next few days, where he will have his court-martial in the U.S. Central Command area of operation in Iraq, currently under the jurisdiction of the 1st Armored Division.Military officials contend the jurisdiction transfer is to ensure a "full and fair trial for both Spc. Hall and the United States," but Hall's supporters disagree. "When he first told me they were considering taking him overseas, I was blown away," said Jason Hurd, a Savannah member of Iraq Veterans Against War and a combat veteran. "I couldn't believe the Army would do something so ridiculous. I couldn't understand why they were essentially deporting a combat veteran in order to court-martial him."
Hurd argues Hall won't have access to his civilian attorney, "unless we raise a substantial amount of money." "As a result, he won't have any witnesses to speak on his behalf," he said. "It is harassment, that the Army is doing this to him."
Military officials counter that most of the witnesses in the trial are soldiers from Hall's unit - all of whom are currently deployed - so it made sense to transfer the soldier instead of transporting so many soldiers out of theater.
Hall has been held in the Liberty County Jail since Dec. 11. Six days later, the soldier was charged with five specifications in violation of Article 134 of the Uniform Code of Military Conduct, two of which included wrongfully communicating a threat.
The charges stem from a rap song Hall wrote in July 2009, shortly after he learned he would be forced to deploy with his unit for a second time to Iraq despite his contract was up at the end of the year. Hall mailed a copy of the recording to The Pentagon, in addition to posting it on his Web site and distributing it to soldiers in his unit. In the song, entitled "Stop Loss," Hall claimed he would walk up to soldiers in his unit "surprising them all" with 30 rounds set to a "three-round burst." Installation officials contend Hall followed his song lyrics with similar verbal threats made to several soldiers within his unit. But Hurd said conversations with Hall indicate this never happened. "He just wrote a song," Hurd said. "And he explained to his superiors that it was just a song."
Hurd said the soldier was ordered to undergo mental health counseling, which Hall complied with. He added that the charges against Hall didn't begin until the soldier voiced concerns about resisting a second deployment. "He went and told his chain of command that he wasn't comfortable with deploying, and it wasn't until that day that they slapped him with this charge," Hurd said. "The Army is doing nothing but harassing a soldier and suppressing his freedom of speech."
Installation officials said Hall will be held in Kuwait until a trial date is determined. Similarly, the outcome of the case varies. Larson said Hall could be found not guilty and returned to his unit down range. Or, the soldier could be found guilty, where penalties range from time in the brig to a military discharge. "It remains to be seen," Larson said.