More than a month after a news report revealed that the Combat Infantryman Badge Rep. Troy Nehls, R-Texas, wears on his lapel was revoked since he was never eligible for the award to begin with, the congressman refuses to take the pin off.
Nehls’ stubbornness has garnered growing criticism from veterans and others in the community of stolen valor researchers, who say the issue is simple: The rules for the CIB are clear, and Nehls did not qualify.
“The veteran community is starting to get to the point now where there’s no room for forgiveness at this point because now they see, ‘Hey, this wasn’t an error. He’s doubling down now,’” said Anthony Anderson, an Army veteran who runs Guardian of Valor and was instrumental in uncovering Nehls’ revoked award. “He knows he didn’t earn this award.”
Prosecute him under 18 U.S.C. § 704
The Stolen Valor Act of 2013 amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both for an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:
- Medal of Honor
- Distinguished Service Cross
- Navy Cross
- Air Force Cross
- Silver Star
- Bronze Star
- Purple Heart
- Combat Action Ribbon
- Combat Infantryman’s Badge
- Combat Action Badge
- Combat Medical Badge
- Combat Action Medal
- Or any replacement or duplicate medal for such medal as authorized by law.
[…]with intent to obtain money, property, or other tangible benefit[…] [emphasis added]
There’s your problem. You’d have to demonstrate that he claimed the badge in order to receive some benefit. He’s a congressional member of Texas, and Republican; by winning the primary–which likely did not hinge on the medal–he was almost certain to win the general election.
This would be a very, very hard case to make as a prosecutor.
Not that I want to defend the guy, but what’s the tangible benefit? The law doesn’t apply to just being an asshole.
Good? I don’t think it’s good that you can go to jail for a year for wearing a colorful ribbon
You can also go to jail for wearing a shiny policeman’s badge when you aren’t one. This is no different.
Considering this is a federal crime, Texas has to have very little to do with it.
