SEPTEMBER 28, 2007

Good morning:

Today is a day that makes it all worthwhile.

Some days in Congress we grapple with the mundane.

Other days we vigorously debate ideas and ideology in order to forge public policy that we believe will best serve the American people.

And from time to time in Congress, we are called upon directly to protect, preserve and defend the core principles that are America’s heart and soul.

That defines the fight I was privileged to take up on behalf of Samuel Snow and other African American soldiers.

Until this morning, I had never met Samuel Snow, but I came to know Samuel over the last 18 months through a book called On American Soil.

It was written by Seattle author Jack Hamann, who is here today. Jack came over to my home one Saturday to tell me about what he had uncovered.

It was clear to me that America’s fundamental principles had been shaken to the core and I was compelled to act.

You’re here today to discuss Military Justice or Injustice in the 19th, 20th, and 21st Centuries.

I’m here to make it personal, because a young Samuel Snow, just 19 years old at the time, was railroaded into a court martial by the U.S. Army in 1944, because he was African American. Samuel was judged on the color of his skin and not on the evidence or truth.

What happened to Samuel Snow is more than a military injustice. It’s a story of racial injustice against a man who had enlisted to defend his country in a time of war, knowing that he would be assigned to a segregated unit.

African Americans had equal opportunity to die for their country, but they were denied equal opportunity to live as Americans.

Today we have an opportunity to shine the light of truth into the darkness of racial discrimination.

And we should take this time to understand what happened to Samuel Snow - and others, because darkness could descend upon us again, if we permit tyrants or ignorance to lull our vigilance to sleep.

Rabbi Abraham Heschel, acknowledged as one of the greatest theologians of the 20th century, who marched with Dr. Martin Luther King in Selma, Alabama, said: “Racism is man’s gravest threat to man - the maximum of hatred for a minimum of reason.”

Look back with me over 60 years ago to an incident that happened at Fort Lawton in Seattle, in 1944. I realize that recounting his story, even briefly, might be painful, but for all that the Army took away from Samuel, they could not rob him of his courage and self-respect.

It began on the evening of August 14, 1944 with a brief fistfight between an African American enlisted man at Fort Lawton and an Italian prisoner of war. Later that evening, a much larger disturbance developed. Samuel Snow went to see what it was all about but was knocked out before long.

He didn’t even know that he was in the wrong place at the wrong time.

The next morning, one of the Italian POWs was found hanged.

Before long, the Army charged 43 African American soldiers including Samuel on various counts, ranging from rioting to manslaughter.

Of course, there were white soldiers stationed at Fort Lawton at the time, but only African Americans were charged in what became the largest court martial in history.

The defendants were tried in a group, and all 43 shared two Army defense counsels.

The prosecution’s witnesses, evidence, and actions were questionable.

There was no witness or physical evidence found to link the defendants to the murder.

The defense was denied access to essential documents.

At the trial, an astonishing amount of material that would have helped the defense immensely was either hidden from them or excluded.

In other words, justice wasn’t blind, but it could only see the color of skin.

Twenty-eight African American defendants were found guilty of rioting and two were additionally found guilty of manslaughter. All were sentenced to a various periods of confinement in the stockade. All but one received a dishonorable discharge.

In their zeal to prosecute, Army investigators swept up many innocent men, while letting other more culpable men go free.

It all happened in plain sight.

And it condemned Samuel Snow and others to a life sentence of lost opportunities because a dishonorable discharge meant no access to GI benefits.

And it meant a life sentence of living under a cloud of guilt for a crime Samuel Snow did not commit.

Last year, I introduced legislation demanding that the case be reopened to give Samuel and the other soldiers an opportunity to clear their name. I worked out an agreement with a Republican colleague to direct the Army Board of Correction of Military Records to assign a senior officer to the case.

This officer is vested with the power to overturn a conviction, if the evidence points to innocence.

Any soldier who was convicted in the Fort Lawton case was given the right to file an appeal if they wanted to.

Only two of the soldiers are alive today, and we permitted families of deceased soldiers to file on their behalf.

To date, 5 cases have been filed. At least some decisions are expected later this year.

We know today that some innocent people were wrongly convicted.

We know today that Samuel Snow is among the innocent.

We also know that the largest court martial in history had more to do with race than evidence.

Samuel Snow, it’s about time someone said publicly that you served your country with dignity and distinction, but, regrettably, your country failed you.

Sir, I salute your courage.

I applaud your bravery in the face of overwhelming injustice that forever changed your life.

I wish we could turn back time and give you the full lifetime of pride and opportunity that you earned and deserve.

To those here today, know that this gracious man harbors no ill will. He is not here to curse the past, but to protect America’s future against racial hatred and injustice.

Samuel Snow came all the way from Florida today to help us protect America. He enlisted in the Army in 1944 to defend his nation, and Samuel Snow continues to do just that 64 years later.

Let us honor his service by following the lead of this courageous African American soldier.

As we do, let us never forget the words of Dr. Martin Luther King: “Injustice anywhere is a threat to justice everywhere.”

Thank you.