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Marine Faces Dismissal For Anti-Obama Facebook Posts
Fox News ^ | March 22, 2012

Posted on 03/22/2012 9:40:06 AM PDT by Fennie

A Marine sergeant who started a Facebook group that is openly critical of President Barack Obama and posted comments saying he will not follow the unlawful orders of the commander in chief is facing possible dismissal from the Corps.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: birthcertificate; censor; cicobama; facebook; marines; naturalborncitizen; obama; usmc
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To: Hoosier-Daddy

The Constitution says the President is CIC. Its terrible that voters elected this loser as CIC, but it is what it is.


81 posted on 03/22/2012 6:02:37 PM PDT by dinoparty
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To: Fennie

As much as I may agree with this Marine’s commentary, as a former Marine myself I have to take the position that, as a member of the U.S. Military, your right to free speech is somewhat restricted in regards to the Chain of Command, and thus you cannot openly disrespect the Office of the Presidency, no matter how incompetent the current holder of said office may be; disregarding this you subject yourself to the U.C.M.J. . This being said, Semper Fi Marine.


82 posted on 03/22/2012 7:37:27 PM PDT by Spacetrucker (Sorry, folks, give my spot in the handbasket to an angry lib >:))
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To: WayneS
As far as I am concerned, Facebook is an ‘electronic concentration camp’.

I am sure that people who have really been in a concentration would whole heartedly agree with you.

Except maybe for that whole "oven" thing.

Maybe about free will to leave too.

Out of curiosity who has forced you to use Facebook against your will?

83 posted on 03/22/2012 7:49:44 PM PDT by Eaker (Remember, the enemy tends to wise up at the least convenient moments.)
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To: sport
The people with the right equipment and know how can retrieve it anytime they wish. And they have probably hundreds of them at Quantico, VA.

It amazes me that so many educated FReepers don't understand that the government has more assets than Facebook.

84 posted on 03/22/2012 7:56:19 PM PDT by Eaker (Remember, the enemy tends to wise up at the least convenient moments.)
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To: RC2

Punitive Articles of the UCMJ
Article 88—Contempt toward officials

Text.

“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”

Elements.

(1) That the accused was a commissioned officer of the United States armed forces;

This marine is not in violation of his oath. That artical applies to commissioned officers. The marine is a noncom, he can not be court martialed under artical 88.


85 posted on 03/22/2012 9:18:52 PM PDT by W. W. SMITH (Obama is Romney lite)
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To: butterdezillion

In uniform, on face book, critiquing the presidents performance is legal but you must be so so careful not to cross a line and that line is in different places for each who reads your critique.

Being a crusty old retired Chief, my advice to all in uniform, especially young commissioned officers, is do not do this while wearing your uniform and do not specifically ID yourself as active duty.


86 posted on 03/22/2012 9:34:21 PM PDT by W. W. SMITH (Obama is Romney lite)
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To: RC2
OK...here’s the oath: “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).

The key in the oath concerning this Marine is “I will obey the orders of the President of the United States”. Unless Congress says otherwise, I believe all his orders are lawful.

Thank you for the clarification and for providing the text of the oath for the discussion.

From the text of the oath, it doesn't sound like "I will obey the orders of the President of the United States" is the key part of the sentence. The statement to obey the president is qualified by the clause which follows it. In my opinion, the key part of the sentence is the part that says "I will obey the orders of the President of the United States according to regulations and the Uniform Code of Military Justice.

This clause implies that the officer only swears to uphold the orders of the president which are in accordance to the set regulations and rules of the Uniform Code of Military Justice. If a president's orders are not in conformance to the regulations there is no requirement to obey. An enlisted man does not swear to obey all orders, even if unlawful. In fact, to obey presidential orders which are not in accordance with the UCMJ would be a direct breach of the oath the enlisted man took.

Also, I think it is important to note that the Uniform Code of Military Justice is a law passed by Congress and all legislation passed by Congress must conform to the US Constitution. Therefore, if any rule or regulation in the UCMJ contradicts the US Constitution, the soldier is not bound to obey those either. At least, that is what the oath sounds like it is saying to me.

87 posted on 03/22/2012 11:32:38 PM PDT by old republic
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To: Lionheartusa1

i completely agree. i consider this marine brave, courageous and is doing what others in the military should be doing — which is speaking out against the illegal obama. this is EXACTLY what needs to be done. i also think he knew EXACTLY what he was doing. he specifically says that he would not follow orders to disarm american citizens. this speaks directly to obama’s NDAA move the other day. i don’t understand all the responses about military code, respecting the president and secrety of defense, etc. if and when such a situation arises where the military is ordered to arrest american citizens or seize private property based on obama’s orders, will the military say “well, just following orders,” “well, according to military code ###, we must obey this order”, etc.? that’s SO 1940s!

p.s.: wonder who the creep was that turned him in???


88 posted on 03/23/2012 2:21:39 AM PDT by matt1
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To: AtlasStalled
AtlasStalled wrote: Isn’t an armed service member stating that he or she would refuse to comply with an unlawful order in accordance with the military code of conduct?

You are 100% correct. During induction training at boot camp, they had a special class just for this issue and they drummed that into your head at subsequent training; that was 1971 - 1975 when I went through it.

89 posted on 03/23/2012 2:33:41 AM PDT by mazda77 (and I am a Native Texan)
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To: mazda77; All
AtlasStalled wrote: Isn’t an armed service member stating that he or she would refuse to comply with an unlawful order in accordance with the military code of conduct?

You are 100% correct. During induction training at boot camp, they had a special class just for this issue and they drummed that into your head at subsequent training; that was 1971 - 1975 when I went through it.

90 posted on 03/23/2012 2:35:56 AM PDT by mazda77 (and I am a Native Texan)
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To: old republic

I some times wonder how many of our enlisted personnel actually understand or read the UCMJ or the Constitution. I will admit that when I was 18 years old and in the service, I didn’t know everything or understand everything in either one. I was too busy trying to learn what was required of me.


91 posted on 03/23/2012 6:08:47 AM PDT by RC2
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To: mazda77; AtlasStalled
AtlasStalled wrote: Isn’t an armed service member stating that he or she would refuse to comply with an unlawful order in accordance with the military code of conduct?

You are 100% correct. During induction training at boot camp, they had a special class just for this issue and they drummed that into your head at subsequent training; that was 1971 - 1975 when I went through it.

You're both correct. And if this Marine ever did follow any such un-Constitutional or unlawful orders from a CO, you should be able to guarantee a court-martial for murder. In addition he would be breaking the law according to Posse Comitatus.

Sounds like Sgt. Stein is due for a nice promotion in rank to me!;)

92 posted on 03/23/2012 7:01:25 AM PDT by 444Flyer (~Leaning on the everlasting arms~ (Deuteronomy 33:27) (John 3))
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To: RC2

The key in the oath concerning this Marine is “I will obey the orders of the President of the United States”..................................... So I take it that you have accepted the “proven legitimate” President, so ask no questions, just obey? Maybe this marine has doubts, like many others, as to the legitimacy of this presidency? If in fact the President proves to be illegitimate, what then? Gotta see how this plays out.


93 posted on 03/23/2012 7:07:30 AM PDT by Bringbackthedraft ( WHO WE ELECT AS PRESIDENT IS NOT AS IMPORTANT AS WHO THEY APPOINT.)
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To: Bringbackthedraft

I think this Marine has more personal problems than we know at the present. War has done this to many military personnel. At times they break and rage takes over. I don’t think this has anything to do with the President.


94 posted on 03/23/2012 7:14:47 AM PDT by RC2
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To: Da Coyote

Obama fears the military because he knows that when the cards go down they will side with the American people, not the government.


95 posted on 03/23/2012 8:43:10 AM PDT by thethirddegree
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To: WayneS

The only reason I have a facebook account is to post my personal testimony of salvation by Jesus Christ.


96 posted on 03/23/2012 8:48:36 AM PDT by thethirddegree
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To: RC2
I some times wonder how many of our enlisted personnel actually understand or read the UCMJ or the Constitution. I will admit that when I was 18 years old and in the service, I didn’t know everything or understand everything in either one. I was too busy trying to learn what was required of me.

Fewer than you think, based on my career in the AF as an officer, and my son (enlisted) in the Marines. It's not just enlisted personnel, there are plenty of officers who don't understand.

Sure, they may read it and say they understand, but reading and comprehension are two different things. I'd imagine that for an 18 year old just out of high school, the odds of them understanding the UCMJ are pretty low, except for the parts drilled into them by their instructors.

Mayb sumbdy shd transl8 d UCMJ n2 sumthin that yungr ppl can undrstnd ;-)
97 posted on 03/23/2012 7:15:29 PM PDT by af_vet_rr
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To: Fennie

I honestly believe anyone (civilian or military) naive enough to join Facebook deserves what they get. There is nothing to gain, and everything to lose as Facebook is a corporate marketing predator sucking up more about you every day of your life, that they will retain forever. Once in the system it will always be there. The stupid and reckless things that you do and say when immature and young will be there to ruin your life at 30, 50 or 70. Politicians 10-20 years from now will subject to political blackmail from items that they themselves posted in their youth.

FB is set up purposely to record every aspect of your life, your relatives your friends, your politics, photos of you and your friends, your events into the largest ever expanding database on individuals anywhere. Zuckerburg said he wants to remove privacy and anonymity as a concept.

We Americans fought for years the idea of a national identity card because we said we didn’t want our information in a national data base. Now Americans the sheep are enthusiastically giving up their life identity and privacy so that Facebook can own and sell your human identity to marketeers and government.

I don’t have any sympathy for sheep who follow pied pipers.


98 posted on 03/24/2012 5:05:40 PM PDT by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: apoliticalone

http://thenextweb.com/facebook/2011/05/02/heres-what-happens-when-the-police-subpoena-your-facebook/


99 posted on 03/24/2012 5:09:38 PM PDT by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: SampleMan

“I don’t think you can be charged for stating that you will refuse to follow unlawful orders.

There has to be a lot more than that.”

You should be charged & dismissed for either stating otherwise or following unlawful orders. Any traitor among the ranks willing to follow unlawful orders must be rooted out and removed BEFORE they are given the chance.


100 posted on 03/24/2012 5:29:50 PM PDT by Monorprise
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