International Law Firm Jones Day Responds to USAF Stalling Tactics vs. MRFF With Ultimatum, Reiterating MRFF Willingness to Arrive at Solution with Commanding Officers

Tuesday, January 3, 2012

Almost two weeks after international law firm Jones Day responded affirmatively to Air Force’s offer of meeting with MRFF leadership, no response to schedule that meeting has been received.

MRFF is again reaching out to schedule this important meeting, and asks that the Air Force respond prior to noon, January 4th.

Content of Jones Day letter: (emphasis added)

Dear Gentlemen:

We have not received a response to our letter dated December 22, 2011. In that letter, we accepted your offer for Mr. Michael L. “Mikey” Weinstein, Founder and President of the Military Religious Freedom Foundation (MRFF), to meet with representatives of Air Mobility Command at Scott AFB, and provided dates on which he was available.

We are disappointed that the pattern of delay and failure to substantively address the important Constitutional issues presented by the display at Travis AFB continues. This conduct continues to suggest that it is the intent of Travis AFB to provide favored treatment to the Chaplain’s religious display, and to avoid any serious discussion of the issues until after the holiday season.

To avoid further delays, please provide dates when representatives of AMC/CC/CV and 18AF/CC/CV, along with their advisory staff, Hq AMC/JA/HC, will be available to meet with Mr. Weinstein. We ask that you respond by noon tomorrow, January 4, 2012, so that we can make appropriate travel arrangements.

Very truly yours,
Katherine S. Ritchey

 

Click here to read Jones Day letter

UPDATE: Thursday, January 5, 2012

MRFF continues to push for planned meeting, despite USAF leadership’s evasions.

Content of Jones Day letter: (emphasis added)

Dear Gentlemen:

We received a fax from your office yesterday, January 3, 2012.  On the fax cover page, you indicate that the attached letter was “originally faxed” to our office “on 23 December 2011.”  We have no record of receiving any fax from your office on December 23, 2011.  We would be happy to consider documentation confirming that a fax was sent successfully from your office to ours on December 23, 2011.  Otherwise, we maintain that the attached letter was not delivered to our office that day, and thus it was  impossible for us to respond to your invitation for Mr. Michael L. “Mikey” Weinstein to meet with “Brigadier General Wesley and Chaplain Linsky” by December 29, 2011.

In any event, we maintain our earlier position that although Mr. Weinstein would be happy to meet with Air Force staff, some constituent representative of AMC/CC/CV and 18AF/CC/CV also must be present.  The decision to erect and maintain the chaplain’s religious display at the busiest intersection on Travis AFB was made by members of Air Mobility Command, and only Air Mobility Command has the authority to defend or amend its position.  Indeed, as your letter indicates, Mr. Wesley and Mr. Linsky have no decision-making authority with regard to Travis’s religious display.  As such, a meeting with these individuals will do little more than delay the resolution of a pressing and important constitutional matter.  As you know, we believe the response by Travis AFB — including the failure to timely address our concerns or to provide a meaningful analysis regarding why the chaplain’s religious display is not more appropriately located at the chapel — is evidence of an intent to promote religion.

Moreover, given the considerable cost and amount of time it takes to travel across the country, it is imperative that Mr. Weinstein meet with someone able to meaningfully address his concerns.  In the meantime, we continue to consider all options relating to the present display and for the 2012 holiday season.

Very truly yours,

Katherine S. Ritchey

 

Click here to read Jones Day letter  

 

Content of Jones Day letter: (emphasis added)

Dear Gentlemen:

We received your letter dated January 12, 2012. In your letter, you suggest that Brigadier General Larry Martin, 18AF/CV, is a “staff officer without command authority” and that any meeting with Brigadier General Martin would be focused on hearing “Mr. Weinstein’s concerns and nothing more.”

As we stated in our January 5th letter, although we appreciate the offer to meet with several of your “staff” members, including 18AF/CV, to make this trip worthwhile, we need to ensure that someone with command authority is present, e.g., AMC/CC or 18AF/CC. We have already fully outlined our position as to why the Travis AFB display violates the First Amendment in our prior letters to counsel. Unfortunately, in these past two months, we have received no meaningful response to our concerns. We are not interested in flying across the country to relay, once again, “Mr. Weinstein’s concerns” to the Air Force if there is no possibility the issue will be resolved. We seek a dialogue in order to explore alternatives that are mutually satisfactory to both parties. Your refusal to engage in such a dialogue, or even to explain your position in anything other than conclusory assertions, suggests that Travis AFB’s decision to place a religious display sponsored by the Chaplain at the center of the base rather than at the chapel cannot withstand scrutiny.

Please inform as to whether you can make available AMC/CC or 18AF/CC, or any individual who is empowered and authorized to explain the position of the Air Force and to make decisions on behalf of the Air Force. If you will not make such a person available, we decline your invitation to meet with Air Force staff at Scott AFB.
Very truly yours,

Katherine S. Ritchey

Click here to read Jones Day letter