Shouldn't he have recused himself if he is not competent to judge on the subject?
Posted on 12/26/2004 1:11:46 AM PST by JohnHuang2
The U.S. military can force its personnel to wear the blue beret of the United Nations and serve under the world body's command, a federal judge ruled.
Judge Paul Friedman upheld the military's conviction of former Army specialist Michael New, who refused to don the U.N. cap and shoulder patch and to serve in a peacekeeping mission in Macedonia nearly 10 years ago, the New York Sun reported.
New argued that the Constitution and the law governing U.S. participation in the world body prevent the president from sending American troops into possible combat under U.N. command without express authorization from Congress.
New, whose defiance became a cause celebre in the mid-1990s among U.N. opponents, launched a website that included his picture with the message, "Michael New was right. ... Real Americans don't wear U.N. blue."
He was court-maritialed and convicted in 1996 and given a "bad conduct" discharge from the Army, which later was upheld by military appeals courts.
Judge Friedman wrote in his 35-page decision that trying to sort out whether the president had ceded too much authority to foreign military officers "would involve policy determinations beyond the competence of the court," the Sun reported.
New's father told the paper an appeal is likely.
"We're disappointed," Daniel New said. "It's not printable what I want to say."
In addition to appealing to the Constitution and the U.N. Participation Act of 1945, New's lawyers argued that forcing him to serve under an international army he never signed up with abridged the ex-soldier's rights against "involuntary servitude" under the 13th Amendment.
Friedman, dismissing New's claims, said he could have pursued his legal points without defying his commanders.
"Petitioner had numerous avenues, besides direct disobedience, by which to challenge that order," he wrote.
Cliff Kincaid, author of a book about New's crusade -- "Michael New: Mercenary or American Soldier?" -- told the Sun the judge was right to suggest Congress could have stepped in.
"The Congress should have done more, but Friedman should have overturned the illegal order and New's bad conduct discharge," Kincaid said.
Kincaid objected to President Clinton's order to American troops to participate in the Macedonia mission and President Bush's unwillingness to change the procedure.
"U.S. troops deployed on U.S. missions under Bush still wear U.N. markings on their uniforms, including a U.N. shoulder patch and beret," Kincaid told the Sun. "Even though they serve under a foreign U.N. commander, he insists they are still somehow under U.S. command. It doesn't add up."
Michael O'Hanlon, a military analyst at the Brookings Institution, contended the president's authority to defend America would be weakened if New prevailed.
"You'd be undercutting our ability to work with our allies. You'd also be weakening the power of the commander in chief of the United States," he said.
O'Hanlon argued American troops in past wars have been temporarily put under tactical foreign command more than under the U.N., with little objection.
New's father, however, believes the case has given the Pentagon a "bloody nose," causing it to look elsewhere to staff U.N. missions.
"Pakistanis and Indians are cheaper than Americans and there's no political fallout if they die. So let's just outsource it all," he said derisively.
http://www.freerepublic.com/focus/f-news/1308514/posts
The oath which all commanding officers of UN deployments must take:
"I solemnly affirm to exercise in all loyalty, discretion and conscience the functions entrusted to me as a member of the international service of the United Nations, to discharge those functions and regulate my conduct with the interest of the United Nations only in view, and not to seek or accept instructions in respect to the performance of my duties from any government or other authority external to the organization."
THAT is Creepy! Downright Orwellian.
Shouldn't he have recused himself if he is not competent to judge on the subject?
An Executive Order seems to be in order here. (Stroke of the pen,,remember?)
"Stroke of the pen,,remember?
Kinda cool...
Seriously, this is disgusting. Michael New is more of a hero that John Kerry ever dreamed of being.
"I solemnly affirm to exercise in all loyalty, discretion and conscience the functions entrusted to me as a member of the international service of the United Nations, to discharge those functions and regulate my conduct with the interest of the United Nations only in view, and not to seek or accept instructions in respect to the performance of my duties from any government or other authority external to the organization."
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)
Those blue berets are a joke...who the hell thought that one up?...A Frenchman?...A sniper can spot those a lot easier.....
Um that's the point, I think. Higher visibility for easier identification, just like Rec Cross/Red Crescent, etc on battlefield. Eliminate being mistaken for combatant forces (In thoery anyway).
Logical niceities never bothered Bubba - except for the meaning of "is".
Ditto...
Speaking as the Pleiadean Emmisary to the Human Race, it's guys like him that keep you earthlings from being invited!
GORT! Klaatu Barada Nikkto!
We'd be happy to trade with you folks, but we'll keep the "Old Glory" and it's accompanying headgear, thank you very much.
Live long and prosper.
Michael New would have won his case if the republicans in the house and senate had stood by his side. i am thankful I was never required to wear that putrid blue beret. Klintoon that POS that keeps on stinking on the world.NSNR
That’s OK. Soon we will be strong enough to assimilate you – and the Borg!
***Michael O'Hanlon, a military analyst at the Brookings Institution, contended the president's authority to defend America would be weakened if New prevailed.
"You'd be undercutting our ability to work with our allies. You'd also be weakening the power of the commander in chief of the United States," he said. ***
I'd like to know just HOW the above would be true.
Sounds good to me, cgbg.
I'd also like to know if our people serving under the U.N. would be subject to the ICC.
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