Michael Patrick McManus in 2002 was convicted on federal charges for impersonating an Army major and a U.S. air marshal aboard an American Airlines flight after 9/11 and served time in a prison camp. Now he’s facing four charges of once again engaging in his favorite hobby, having worn an “Army brigadier general’s uniform and an outrageous array of medals and distinguished service crosses” to the election celebration party of lesbian Houston Mayor Annise Parker.
McManus, who is gay, says he was only making a political statement at Parker’s 2009 victory party and wasn’t attempting to impersonate a war hero, which is a crime (see below). The uniform, he claims in court papers, was a way of protesting his own discharge under Don’t Ask Don’t Tell. (Though perhaps he should’ve checked his medals: Next to the Distinguished Service Cross, Flying Cross, Silver Star and Bronze Star, there was a British Commander of the British Empire medallion.)
Interestingly, McManus did earn some decorations on his own. The 44-year-old served as a private first class and was recognized for expert marksmanship and serving overseas before leaving the Army in 1987 under “honorable conditions.” It’s worth noting plenty have called bullshit on his discharge story, which name drops Gen. Colin Powell.
Already on the radar of military bloggers — like Don Burleson, who calls McManus a “homosexual douchebag” and who, like many others railing against war hero impostors, posted this “Wanted” sign on his site — McManus was caught this time by a former Marine who noticed McManus’ uniform at Annise Parker’s party wasn’t worn properly, and snapped some pictures.
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Then McManus posted his own photos on Facebook — and it wasn’t long before other shots of him parading around in full dress were found, like the time he went to HRC’s Equality Ball and filed a CNN iReport about it in February 2009.
McManus could face even more serious charges than his 2002 escapade, thanks to President George W. Bush in 2005 signing the Stolen Valor Act, which expands the definition of unauthorized use (existing law at the time applied only to the Medal Of Honor) and increases penalties (prison sentence of up to one year).
To military veterans, such laws protect the honor with which they serve the country; to First Amendment absolutists, it’s a gross violation of constitutionally protected speech.
So should a gay veteran have the right to parade around wearing medals he didn’t earn to, as he claims, protest his DADT discharge? Or do those service medals belong only to heroes who earn them, effectively making certain objects off limits to the First Amendment?
We’ll soon find out: McManus was arrested in February and goes to trial in December.
Below, a ABC 13 Houston news report from February about McManus’ controversy:
CertainPOV
“…to First Amendment absolutists, it’s a gross violation of constitutionally protected speech.”
So under that theory I should be able to wear a policeman’s uniform to protest racial profiling, or a cleric’s collar to protest priest sex abuse. Bulls**t, this wasn’t a protest, nor was it a performance piece. Honor and respect are due only to those that earn it, and this guy isn’t one of them.
CaliberGuy
I call BS on this guy and his story and BS on the “first amendment absolutist” he was not conducting a protest, he was in no way spreading a message about DADT, let alone one that required him to where metals that he did not earn in his service before discharge. These laws are proper and in my opinion don’t go far enough to punish those that try to pass them selves off as war heroes with uniforms and metals they did not earn. If the “first amendment purist” where right then you could also legally dress up exactly as a police officer and pass your self off as one to protest to police, which you can’t because you are not, it is the same with passing your self off as a heroic veteran when you have not eard those medals, it is shameful and only the lowest form of scum who deserve much punishment do so.
UMB
You could arrest half of the gay population on Halloween. Stupid law that grossly oversteps the First Amendment but no one will speak out against it because anything even remotely anti-military is so taboo. Where’s the ACLU when you need them?
Mike in Asheville
A federal appeals court has already ruled this law unconstitutional. The basis is simple, and under it, McMannus should have an easy time defending himself. More likey, the government will drop the charges in light of the appeals court decision.
Basically, unless the civilian is attempting to use an impersonation to commit another crime (ie., break into a military facility; issue military orders; enter into contracts on behalf of the military; etc.) it is a matter of free speech to pretend to be in the military or earned a particular award. Indeed, the case in which the appeals court made its ruling, the defendant claimed a former military standing with awards as part of his filings about himself for an elections pamphlet. The dissenting opinion stated the in the particular case, the law should apply because a “false statements of fact” were not protected.
In this case, unless there is more information Queerty did not post, McManus did not make any “false statements of fact” he simply paraded around in a uniform and pretty medal decorations.
Active and reserve military personnel, though, cannot do what McManus did as that would be a violation of the Code of Military Conduct.
***************
@ No. 1 Certain POV: I remember waaaaaaay back 32 years ago when I, literally, bumped into 2 roller-skating Sisters of Perpetual Indulgence. “Sorry, Sisters,” I plead. “Not really sisters dear, we’re misters,” one replied. “Whoa, you’re cute! And hot, well except for the habit,” I replied. About a half hour later, I learned a couple of their other habits too. An eye opening experience and fun too!
Yes wearing a priest’s collar, sister’s habit or even a policeman’s uniform is all fully protected as free speech UNLESS the person is attempting to defraud victims with an impersonation. You can around around is hospital scrubs and have people call you doctor and that’s perfectly legal; just don’t practice medicine, then its illegal.
Michael
I dunno about this law being ruled unconstitutional. It is obvious he has no respect for the military, despite his service. Needs to get a new shtick, this one is not working for him.
bobito
If I’m not mistaken, didn’t GWB go traipsing around in a uniform decorated with some medals he hadn’t been awarded when he made his infamous “Mission Accomplished” appearance? Of course that was a few years before he signed the “Stolen Valor Act” into law, so his transgression wasn’t nearly as serious a crime… (the hell it wasn’t!)
Baxter
@bobito: You are mistaken.
hf2hvit
Obviously, he isn’t representing himself as such if he’s wearing a goatee
scottyhouston
@CaliberGuy: I can not agree with you more!!! Yes, absolutely!! This guy should be charged for sure!! He was an enlisted guy, not an officer! And he only received the basic medals that all military members get…nothing out of the ordinary and he was far from a “hero”. These militant gays are not helping matters with DADT and it is against the law to impersonate a war hero so why wouldn’t he be charged? These people make me sick for disrespecting the uniform!!
Ted B. (Charging Rhino)
I don’t see how “stolen valor” nor “impersonating an officer” are First Amendment issues…they’re more like FRAUD, which is a crime.
carrie
First of all how was he protesting his discharge under DADT if he left the Army in 1987 and DADT wasn’t signed into law until 1993? Secondly, why would he grossly exaggerate the honors that he earned while in the military? Lt. Dan Choi isn’t running around as a 4 star general to protest his discharge.
Now is it a violation of first amendment rights to get in trouble for using a fake ID?
However, if the government wants to really keep this law on the books then they need to start requiring documents to prove that someone did indeed earn certain medals before buying them.
scottyhouston
@carrie: It isn’t so much that he acquired the medals and had them it’s that he wore a uniform and passed himself off as an officer and a hero. That is the issue.
And I realize he might not have been directly protesting DADT but my point was, that with the DADT issue being so volatile right now, it didn’t help matters. No one likes a militant gay and we all have a responsibility to protest in a way that sheds a positive light on the LGBT community as a whole, not as a self-serving individual.
carrie
@scottyhouston: Oh I wasn’t replying to any one person’s comments. Those were just the comments I walked away from the article with. I definitely do not think that he is helping matters whatsoever. I do find it interesting that now he is saying that he was protesting a DADT discharge that he supposedly was victim of, however, when I first read a story about him quite a long time ago, there was no mention of a DADT discharge. And the fact that he was trying to convince a pilot after 9/11 that he was an Army officer and air marshal seems to me to indicate that there is a lot more going on with this guy than someone exercising their first amendment rights. It’s just an observation and I’m no psychiatrist but if there is something else going on and he’s doing this then it could add fuel to the fire of the DADT supporters. And that isn’t going to do the LGBT community any good.
scottyhouston
@carrie: Oh, so sorry Carrie, I misunderstood your first post. I TOTALLY agree with your points. Well said!! As a recent gay Air Force retiree myself (I had 23 years in the military before retiring) this is an extra sensitive issue for me (like it is for so many others). I’m just so thankful that I made it through with no difficulties.
carrie
@scottyhouston: Thank you for your service Scotty. My uncle who is gay also served in the air force and I come from a very long family history of military service. I can completely understand the sensitivity of this subject.
scottyhouston
@carrie: Thank you so much Carrie! I was very fortunate and had a very awesome and honorable career. I would do it all again in a flash. The cool thing is I had my 23 years just after my 40th birthday so I got to retire young and now able to enjoy the rest of my life! Also, it’s nice that you have family history in the military and can understand this issue so well. So many people who have either never served, or had no experiences with the military sometimes don’t know what they’re talking about when it comes to DADT. All the best to you!
jon
Out of Honor and respect for our men and women(LGB and str8) in uniform one should never wear unearned medals. He wasn’t wearing a real uniform with medals and insignia that made any sense, so it’s kinda iffy if what he did was a crime against “American Morals” or not. Personally I’d lady gaga the uniform up a bit so there would be for sure no confusion.
Kevin, New Jersey
If the uniform is being used to commit some other crime (i.e., fraud, espionage, etc.), then wearing a false uniform and medals should be a crime (and/or an aggravating factor of the other crime).
If the uniform is being used to engage in protected First Amendment speech, then it should not be a crime – regardless of whether you think that speech is tasteful, effective, or honorable.
The comparison to wearing a policeman’s uniform is specious, as wearing a military uniform in a non-combat/non-military context does not put anyone in danger. Wearing a police uniform in public if you’re not actually a policeman does put people in danger. The comparison to wearing a priest’s/nun’s garb is pointless.
Carrie
He has impersonated before when it was dangerous. He posed as an air marshal. They are permitted to fly with weapons and if he had been successful and had a gun that is dangerous.
Not all free speech is protected. If he felt he was making a statement, maybe he should have by having laws changed. And for someone making a statement he sure did eat up the attention, posing with people for pictures, making a person as this fake person online, etc.
And why won’t anyone address the fact that he is claiming to have been discharged under DADT 6 years before it existed. He apparently has issues with honesty!
carrie
And I am curious, does anyone consider it a violation of free speech to keep a handicapped parking placard without permission? This is kind of on the same level because it’s not just wearing the medals that is the problem. There are official government documents (just like a handicapped placard) that go along with each medal. Now I know this guy hasn’t been accused of it, but others have been found to have falsified their DD214 (military separation papers) in addition to wearing medals they didn’t earn. Where does the free speech line get drawn? If someone wants to wear these medals and claim these honors and wants to be in the Army without having joined because that’s their way of expression, is that going to be protected.
If someone is pissed off and to express that they decided to break a store window, is that protected? Yeah there’s a separate law attached to vandalizing but there is also a separate law attached to claiming medals you didn’t earn.
What about people who fake having cancer or other diseases to get money from people who do fund raisers for them? Where does it stop?
A woman in Washington State threw acid in her face and falsely claimed a black woman did it and she took thousands of dollars people had sent to her, but would that be covered under free speech?
UMB
This law has been found unconstitutional twice in separate federal court cases (both are currently tied up in appeals, but the decisions are sound and will stand).
southpaugh
It’s rather obvious, considering he was also wearing a Commander of the British Empire medallion that he was exhibiting fancy dress, as in a costume, and not trying to defraud anybody. I agree that his intent was in poor taste, and was almost certainly intended to rub people the wrong way regardless of corollary intent. When he was discharged, the military had a blanket prohibition against gays, and would engage in the kinds of witch hunts against gays in the military exactly as the more nefarious violations of policy in direct contradiction and abuse of the statute that are hitting the news lately. I could see how his point is that even with DADT in place, the more things change, the more they stay the same. He’ll be spending a bunch of money on attorneys’ fees, but he probably won’t spend a moment in jail. I’m sure, though, if he keeps up such egocentric stunts, he’ll one day go too far and end up in jail. Until then, his sport of the uniform is Constitutionally protected. And, none of the comparisons to use of any other kind of uniform, short of its use to perpetrate fraud, are non sequitors. Unfortunate, but true. It’s still a tactless outrage. Yet, it’s much less outrageous than Bush escaping a court martial for being absent without leave, and then relying on the Swift Boat Veterans to smear his election opponent who actually served in combat. Or, any of the other criminal acts he’s getting away with. It’s all a matter of perspective.
David K
He has a uniform fetish.
He just decides to act on it on flights and political rallies instead of at a leather bar.
Maybe he’s an exhibitionist also.
HoustonLE
@Mike in Asheville and UMB:
Nobody’s made mention of how this guy has had a LONG history of impersonating a military officer. He even posted a resume online of his past endeavors, listing himself as “PSD for members of Congress” while his rank was LTC. PSD is ‘personal security detail’…he’s saying that he’s been a bodyguard for members of Congress ever since he was a LTC!! He made up an entire career where he was “trained” in “hand-to-hand”, “close quarter combat”, and other BS. Make no mistake, he has made countless “false statements of fact” over the last few years. His Myspace page included the same information as the resume that he posted. He made false statements to the airline captain, stewardess, and air marshall when he was arrested the first time, and even the night at the mayor’s party! He’s a habitual liar and has crossed the line. Have some faith in the system and those who uphold it and realize that he was not arrested simply on the facts that were presented in this website. Due diligence was made in researching and investigating this guy and the arrest was deserved, as is the time that this guy should (but won’t) serve. Doing time for this charge is reserved for the individuals who profit monetarily through speaking gigs, etc, from their lies. This guy will end up being more to set an example for others out there who are doing the same thing.
Appeals courts (which have been in extremely liberal areas of the country) did rule in the defendant’s favor so far, and it will continue to go up the chain until the Supreme Court is forced to make a ruling. They’ll rule that ‘Stolen Valor’ IS constitutional.
FG
FYI he died.
http://www.legacy.com/obituaries/nhregister/obituary.aspx?n=m-patrick-mcmanus&pid=153504637