Congressman Salazar applauds Justice Department for appeal of Stolen Valor Act

WASHINGTON, D.C. – Congressman John Salazar sent a letter today to U.S. Attorney General Eric Holder, Colorado Attorney General John W. Suthers and California Attorney General Edmund G. Brown Jr. voicing his support of the Justice Department’s decision to appeal two court decisions that found the Stolen Valor Act unconstitutional.

In 2005, Salazar introduced H.R. 3352, The Stolen Valor Act, a bill expanding federal law enforcement’s ability to prosecute individuals who claim military awards and decorations they did not earn.  It passed the House and Senate unanimously and, once signed into law on December 20, 2006, became the first law declaring that falsely claiming military awards was a punishable offense.  

On, August 17, 2010, the 9th Circuit Court in California ruled the Stolen Valor Act unconstitutional on the grounds that the law persecutes people for lying and in doing so violates their first amendment rights.  This follows a similar decision in the case of Rick Strandlof in Colorado in July of this year.  However, the Stolen Valor Act does not look to prosecute people for lying.

“The issue here is one of fraud prevention plain and simple.  Stolen Valor exists solely to go after those who claim military awards with the end of defrauding the department of Veterans Affairs and the community at large for personal gain,” Salazar said.  

The letter reads as follows:

October 6, 2010


The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001


Dear Attorney General Holder,

I write to you to express my full support for your decision to move forward in appealing the cases of Xavier Alvarez in California and Rick Glen Strandloff in Colorado.

I introduced the Stolen Valor Act, H.R. 3352, in 2005 to close a gap that was allowing perpetrators to steal benefits that were rightfully earned by our nation’s heroes.  Prior to Stolen Valor being signed into law, there was nothing on the books declaring it a crime to claim military decorations that in fact were not earned.

This is not a first amendment issue; it is an issue of fraud, plain and simple.

I am proud to have served my country during the Vietnam era.  I am also proud of the service of my father in World War II, my brother in the Vietnam era and my son after the September 11th attacks.  We volunteered to defend our nation to preserve fundamental rights, such as freedom of speech, just as servicemen have done throughout our history.  However, Stolen Valor is not about the government outlawing the act of lying.  The intent is to prevent further acts of fraud which cost the veterans of our nation thousands of dollars in stolen health benefits, housing grants and educational loans.  

In our society, we recognize it is a crime if an individual puts on a uniform and falsely professes to be a police officer.  By the same token we must also take the same stance against those who adorn themselves with medals and use their falsely acquired status to run for office, apply for education benefits or skip the line at VA medical centers.

I look forward to working with you in any way that I can in ensuring that Stolen Valor is in place to protect our veterans against fraud.  If I can be of any assistance please do not hesitate to contact my office.  Alfonso Lopez on my staff handles the issue and can be reached at alfonso.lopez@mail.house.gov or 202-225-4761.


Sincerely,

/JTS

John T. Salazar
Member of Congress


cc:        John W. Suthers, Attorney General, State of Colorado

            Edmund G. Brown Jr., Attorney General State of California