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GIs can be forced to wear U.N. beret: judge upholds court martial of soldier who refused orders
WorldNetDaily.com ^ | Sunday, December 26, 2004

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.


TOPICS: Front Page News; News/Current Events
KEYWORDS: activistjudges; banglist; clintonapointee; communistsubversion; courtmartial; davidosborne; govwatch; michaelnew; un; unberet; unitednations; unlist
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To: Robert A. Cook, PE
True. But then, you can find plenty of examples of bad U.S. generals causing problems on their own as well.

Having your troops serve under allies isn't always the perfect situation. But its generally necessary at some level if you're going to fight alongside allies. To put it another way, I'd rather have had those U.S. troops under British command than have been doing all the fighting ourselves, with no British, Canadian, Polish, etc., support at all.

61 posted on 12/29/2004 8:47:46 AM PST by XJarhead
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To: JohnHuang2

Of all the appropriate adjectives being thrown around on this thread the most powerful one to describe this is "unconstitutional".


62 posted on 12/29/2004 8:48:16 AM PST by SiliconValleyGuy
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To: XJarhead
Concur, in general - and under specific "Aliies" that we/I/you trust.

ANZAC's, Brit's, German's, Japanese are an easier choice than say South Koreans or Taiwan's ( ... See where the problems come from?) if those nations were attacked.

But putting troops under direct (no control) of EU or UN "commanders" who owe THEIR allegiance to Hillary or Kofi or the latest Sudan dictatorship IS what this policy you are addressing IS WHAT the international socialists ARE intending at doing.

The democrats/UN/international socialists ARE ALREADY screaming during the election that we could not react internationally WITHOUT the UN's permission!
63 posted on 12/29/2004 10:19:14 AM PST by Robert A Cook PE (I can only donate monthly, but Kerry's ABBCNNBCBS continue to lie every day!)
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To: endthematrix

The oath mentioned here has never been uttered by a US officer while acting as a US officer. I can assure you of that.

What does that have to do with New anyway, he was an E-4 about as far from a commander as one can get.

IMO, he was either used by partisan politics to try and smear der schlickmeister, or he was just a plain ol' disobedient soldier. Either way, court martial was right and so is this decision.


64 posted on 12/29/2004 10:28:54 AM PST by American_Centurion (I am the martyrs' bane.)
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To: Robert A. Cook, PE
Like I said, I've got no problem with putting U.S. troops under U.N. command for very specific operations that are consistent with our own policies. The inherent right to yank those troops out from under U.N. control at any time resides with us, so its not that big a deal.

Further, the reality is that a U.S. officer in that position is going to behave the same way as a U.S. officer does when under direct American command. That is, he will refuse to execute any unlawful orders.

It would be one thing if we were irrevocably assigning U.S. troops to the U.N., but that's not what's happening. It's important to keep that in mind.

65 posted on 12/29/2004 11:07:48 AM PST by XJarhead
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To: SiliconValleyGuy
Of all the appropriate adjectives being thrown around on this thread the most powerful one to describe this is "unconstitutional".

How so?

66 posted on 12/29/2004 11:09:33 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: gitmo
Shouldn't he have recused himself if he is not competent to judge on the subject?

The term "competence of the court" is a legal term referring to the court's jurisdiction. He said that the issue is outside the scope of the court's authority.

67 posted on 12/29/2004 11:39:48 AM PST by Poohbah (God must love fools. He makes so many of them...)
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To: Poohbah
The term "competence of the court" is a legal term referring to the court's jurisdiction. He said that the issue is outside the scope of the court's authority.

OK. If the judge is saying the case is outside the court's jurisdiction, then how can the following have occurred? Shouldn't the court have declined the case?

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 r eported.


68 posted on 12/29/2004 12:18:51 PM PST by gitmo (Thanks, Mel. I needed that.)
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To: drt1

And clinton who lied under oath goes free, and the chairman of fannie mae gets a $1.3 million a year pension after mismanaging the fund to the tune of $9 billion.


69 posted on 12/29/2004 12:25:47 PM PST by ampat
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To: Bloody Sam Roberts; Mr. Mojo

Heh!


70 posted on 12/29/2004 12:28:31 PM PST by F16Fighter
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To: F16Fighter

Thanks. I always appreciate new target material.


71 posted on 12/29/2004 12:35:47 PM PST by Mr. Mojo
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To: F16Fighter
Btw, I'd enthusiastically tell them where they could stuff their beret .....and doubtlessly suffer the consequences of my insubordination.
72 posted on 12/29/2004 12:41:25 PM PST by Mr. Mojo
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To: Mr. Mojo
"Thanks. I always appreciate new target material."

Thought of you immediately...Time for a different challenge, right??

Oh, and that's another scenario I'd pay to see -- YOUR reaction to the order: "Keep that UN beret on your head, Capt. Mojo!"

73 posted on 12/29/2004 12:47:54 PM PST by F16Fighter
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To: F16Fighter
Heh.....I suspect you'd have a similar reaction to that order as well. Damn one-world SOBs.

The UN calls us stingy (even though we practically single-handedly finance their socialist organization and lead ALL catastrophe relief efforts throughout the world), and we say "okay, how many berets should we order?"

Unfortunately the good folks that are holding out hope that one day we'll give the blue helmeteers the big boot are living in a dream world.

74 posted on 12/29/2004 12:56:47 PM PST by Mr. Mojo
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To: Mr. Mojo
Yep, be right next to you "I concur with Capt. Mojo -- hell no -- I ain't wearing this UN crap, sir. I pledged allegiance to the flag of the United States of American. SIR")

"The UN calls us stingy (even though we practically single-handedly finance their socialist organization and lead ALL catastrophe relief efforts throughout the world), and we say "okay, how many berets should we order?"

The UN's hypocrisy is growing more bizarre by the day. I think France handed over a whopping $136,000 for the disaster.

And when will our legislators realize the UN is a front for socialism? (although this is just fine for the Dems, isn't it?) Naah, you're right -- ain't happening. The best we can do is keep on polishing our "skills" on those powder blue practice targets for the inevitable.

75 posted on 12/29/2004 1:09:30 PM PST by F16Fighter
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To: XJarhead
Truly the president gives up no strategic command of our troops in such circumstances with the UN.

But for the same reason the USN repeatedly enters other countries "territorial waters" as a practice to prove we generally do not recognize the maritime territorial claims of other countries which we assert is "high seas" why on God's earth would we concede to decorating our soldiers in powder blue topped with a ridiculous oath?

76 posted on 12/29/2004 6:55:09 PM PST by Xcoastie (If you think education is expensive, try ignorance)
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