California Legislature—2013–14 Regular Session

Assembly Joint Resolution No. 54

Introduced by Assembly Member Melendez

(Coauthors: Assembly Members Achadjian, Allen, Bigelow, Donnelly, Beth Gaines, Gorell, Grove, Hagman, Jones, Logue, Maienschein, Mansoor, Olsen, Patterson, Wagner, Waldron, and Wilk)

(Coauthors: Senators Anderson, Berryhill, Cannella, Gaines, Huff, Nielsen, and Walters)

August 13, 2014

Assembly Joint Resolution No. 54—Relative to Marine Sergeant Andrew Tahmooressi.

LEGISLATIVE COUNSEL’S DIGEST

AJR 54, as introduced, Melendez. Marine Sergeant Andrew Tahmooressi.

This measure urges the President of the United States of America to use his executive powers to call for the release of Marine Sergeant Andrew Tahmooressi from prison in Mexico.

Fiscal committee: no.

WHEREAS, Andrew Paul Tahmooressi is a twenty five year
old combat veteran, a decorated United States Marine who has
served three tours with a quick reaction force, or QRF, in
Afghanistan with the 2nd Battalion, 6th Marines out of Camp
LeJeune; and

WHEREAS, He received a combat field promotion to the rank
of Sergeant, as well as a number of commendations and
decorations, including the Meritorious Combat Service Award;
and

WHEREAS, He was responsible for saving the lives of a group
of Marines by providing cover fire while they escaped to safety;
and

WHEREAS, He survived an improvised explosive device, an
IED, blast that struck his vehicle; and

WHEREAS, He was honorably discharged from the United
States Marine Corps with a perfect ER-1A rating; and

WHEREAS, He is currently under contract with the Individual
Ready Reserve as an Inactive Reservist until August 2016; and

WHEREAS, He enrolled in Embry Riddle Aeronautical
University in Florida in 2013 in pursuit of a Bachelor’s Degree in
Professional Aviation, but moved to California to seek treatment
for post-traumatic stress at the San Diego Veterans Administration
Hospital on March 12, 2014, as symptoms challenged his academic
studies; and

WHEREAS, His unfamiliarity with the San Diego region lead
to Sergeant Tahmooressi exiting to the El Chaparral inspection
area at the Mexican border with all of his possessions in his vehicle,
which included three legally acquired firearms; and

WHEREAS, After realizing his error, Sergeant Tahmooressi
advised Mexican customs officials that he had mistakenly entered
the inspection area; and

WHEREAS, He was then taken into custody, charged with
“weapons trafficking” by the Mexican federal prosecutor; and

WHEREAS, He is currently incarcerated in El Hongo Mexican
prison; and

WHEREAS, He is an American citizen who has bravely served
three tours of duty in Afghanistan and maintains the full support
of the United States Marine Corps; and

WHEREAS, Pursuant to Section 1732 of Title 22 of the United
States Code, whenever it is made known to the President that any
citizen of the United States of America has been unjustly deprived
of his or her liberty under the authority of a foreign government,
it is the duty of the President to demand the reasons for the
imprisonment; and

WHEREAS, If the imprisonment appears to be in violation of
an American citizen’s rights, Section 1732 of Title 22 of the United
States Code requires the President to demand that citizen’s release;
now, therefore, be it

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Assembly and the Senate urge the
President of the United States to apply all diplomatic and legal
pressure at his disposal to ensure that Sergeant Andrew
Tahmooressi is released without further delay; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the President of the United States, to the
Congress of the United States, and to the author for appropriate
distribution.