Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court turns down U.S. soldier who wouldn't serve U.N. peacekeeping mission
North County Times ^ | April 23, 2007 | AP

Posted on 04/24/2007 12:42:28 PM PDT by rightalien

WASHINGTON -- The Supreme Court rejected an appeal Monday by a U.S. soldier who received a bad conduct discharge after refusing to serve on a United Nations peacekeeping mission in the former Yugoslavia.

Former Army medic Michael New has been fighting his discharge for the past 11 years. New argued that he was not afforded all his legal rights in the course of the court-martial that stemmed from his refusal to wear the U.N. insignia on his Army uniform.

He was supposed to be among a few hundred soldiers who were sent to Macedonia, a former Yugoslav republic, to guard against the spread of unrest from other areas torn by ethnic turmoil.

The justices declined to hear his case without comment.

The case is U.S., ex rel. New v. Rumsfeld, 06-691.


TOPICS: Foreign Affairs; Government; News/Current Events
KEYWORDS: marines; michaelnew; military; soldier; un
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-77 next last
To: rightalien

TRAITOROUS GLOBALISTS.

GRRRR.


21 posted on 04/24/2007 1:40:17 PM PDT by Quix (GOD ALONE IS GOD; WORTHY; PAID THE PRICE; IS COMING AGAIN; KNOWS ALL; IS LOVING; IS ALTOGETHER GOOD!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rightalien
Unbelievable.

New's case seem strong to me. He pointed to "constitutional, statutory and regulatory provisions which prohibited the Army from allowing US soldiers to be assigned to the UN for military purposes without the specific approvial of Congress. (Clinton did this unilaterally).

He also pointed to numerous legal provisions which prohibit the display of medals or badges from other governments--including international organizations--on Army uniforms without the consent of Congress. One regulation prohibits all foreign insignia--even with the consent of Congress--on the Battle Dress Uniform (BDU). New was court-maritaled for his refusal to wear the UN insignia and badges on his BDU!"

He chose to honor his oath. It's dispointing to see him not exonorated. This is what happens when you homeschool your children--they don't go along just to get along. It's hard to assemble a freedom-destroying standing army if the participants refuse to violate their oaths.

(From an old Homeschool Court Reporter article, May/June 1997)

22 posted on 04/24/2007 1:46:28 PM PDT by nonsporting
[ Post Reply | Private Reply | To 1 | View Replies]

To: rightalien

My constitutional law professor represented New in some of the previous cases over this some years back.


23 posted on 04/24/2007 1:50:21 PM PDT by Dan Middleton (Radio...Free...Mars)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wideawake

We also know that the phrase “I was just following orders of my superiors” doesn’t justify evil done in the name of those orders!


24 posted on 04/24/2007 1:56:17 PM PDT by mdmathis6
[ Post Reply | Private Reply | To 15 | View Replies]

To: mdmathis6
We also know that the phrase “I was just following orders of my superiors” doesn’t justify evil done in the name of those orders!

Michael New wasn't being ordered to do "evil" - he was being ordered to stand his flipping post.

25 posted on 04/25/2007 5:33:27 AM PDT by wideawake
[ Post Reply | Private Reply | To 24 | View Replies]

To: Dan Middleton

Herb Titus?


26 posted on 04/25/2007 5:40:56 AM PDT by DeaconBenjamin2
[ Post Reply | Private Reply | To 23 | View Replies]

To: E. Pluribus Unum

You got that right.


27 posted on 04/25/2007 6:10:54 AM PDT by Unicorn (Too many wimps around.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: wideawake

Refer to http://www.eagleforum.org/column/1995/nov95/col-11-2.html

He can, and should, disobey an illegal order.


28 posted on 04/25/2007 6:24:12 AM PDT by Stark_GOP
[ Post Reply | Private Reply | To 15 | View Replies]

To: Stark_GOP
He can, and should, disobey an illegal order.

You're not very good at reading, are you?

At no point have I argued that soldiers should obey illegal orders.

I have pointed out that Michael New was not given an illegal order but a completely legal one.

Michael New does not get to decide which treaties Congress is allowed to sign and which ones they aren't allowed to sign.

29 posted on 04/25/2007 6:27:46 AM PDT by wideawake
[ Post Reply | Private Reply | To 28 | View Replies]

To: wideawake

Treaties, no matter how idiotic, are binding.

Article VI of the US Constitution.

New needs to call on Congress to revoke the treaty, doubt that will happen though.


30 posted on 04/25/2007 6:33:10 AM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: rollo tomasi
New needs to call on Congress to revoke the treaty

Interesting thesis - you'd need to win the Democrats over in order to get enough votes for Congress to withdraw from the UN Charter.

And since Michael New is a whiny slacker coward, he is precisely the kind of guy the Democrats in Congress represent - so he might be more effective than one would think.

31 posted on 04/25/2007 6:39:26 AM PDT by wideawake
[ Post Reply | Private Reply | To 30 | View Replies]

To: Idaho Whacko
There isn’t a damn thing wrong with refusing to serve an organization that doesn’t report to the US Constitution.

It's an alliance, and is explicitly anticipated under the US Constitution.

32 posted on 04/25/2007 6:40:38 AM PDT by jude24 (Seen in Beijing: "Shangri-La is in you mind, but your Buffalo is not.")
[ Post Reply | Private Reply | To 2 | View Replies]

To: Magnum44
I sympathize with those who think his assigned mission was crap, but so is latrine duty. We don't all get the assignments we want, but we must honor the chain of command. It is not an individual soldiers place to question the mission. This is not an unlawful order situation, anymore than having the UN in New York is unlawful. I don't like it, but its not unlawful.

I agree 100%.

33 posted on 04/25/2007 6:41:39 AM PDT by jude24 (Seen in Beijing: "Shangri-La is in you mind, but your Buffalo is not.")
[ Post Reply | Private Reply | To 12 | View Replies]

To: wideawake

I’ll type slower.

The order is illegal.

Also, it is not a treaty. It is a Presidential Decision Directive 25 (PDD 25) issued by President Clinton.


34 posted on 04/25/2007 6:45:16 AM PDT by Stark_GOP
[ Post Reply | Private Reply | To 29 | View Replies]

To: Stark_GOP
The order is illegal.

No, it is not illegal.

It is not illegal under the US Constitution.

It is not illegal under the federal code.

It is not illegal under the UCMJ.

Also, it is not a treaty. It is a Presidential Decision Directive 25 (PDD 25) issued by President Clinton.

A directive issued pursuant to the treaty.

Entering into treaties is Congress' job. Enforcing treaties is the Executive's job.

You should already be aware of the seapration of powers - it's sad I have to teach these basics to you.

35 posted on 04/25/2007 6:49:29 AM PDT by wideawake
[ Post Reply | Private Reply | To 34 | View Replies]

To: wideawake

seapration of powers


Use spell check.

What is basic is you.


36 posted on 04/25/2007 6:54:33 AM PDT by Stark_GOP
[ Post Reply | Private Reply | To 35 | View Replies]

To: Stark_GOP
Use spell check.

Translation;

"I, Stark_GOP, know that I have no counterarguments to offer because I have no clue what I am talking about. Therefore, I will nitpick on spelling - hoping that people will not notice I have nothing intelligent to say."

Sad stuff.

37 posted on 04/25/2007 6:56:58 AM PDT by wideawake
[ Post Reply | Private Reply | To 36 | View Replies]

To: wideawake

No. I have other things to do which are more important than to get into an argument with a fool.


38 posted on 04/25/2007 7:02:52 AM PDT by Stark_GOP
[ Post Reply | Private Reply | To 37 | View Replies]

To: DeaconBenjamin2

No, Mike Farris.


39 posted on 04/25/2007 7:31:44 AM PDT by Dan Middleton (Radio...Free...Mars)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Stark_GOP
Copout number 2.

Yawn.

40 posted on 04/25/2007 7:49:36 AM PDT by wideawake
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-77 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson