'Tea Party' Marine sues Pentagon to stop discharge

Fox 5 San Diego ^ | April 4, 2012 | Walter Morris

[DogByte6RER]

'Tea Party' Marine sues Pentagon to stop discharge

SAN DIEGO - A Camp Pendleton Marine is taking Defense Department brass to federal court, saying he is being hounded out of the service for exercising his First Amendment rights.

Attorneys representing Sgt. Gary Stein filed a lawsuit against the U.S. Department of Defense, Sec. of the Navy Ray Mabus, and Brigadier Gen. Daniel D. Yoo.

"I can confirm that my lawyers on behalf of me are filing a lawsuit in federal court," Stein said told Fox 5 Tuesday afternoon.

The 9-year Marine veteran is working with the ACLU and U.S. Justice Foundation in the lawsuit against his commanding officers and the Pentagon.

The suit aims to stop his discharge proceedings prompted by comments he made on Facebook. Stein started the Armed Forces Tea Party Facebook page in 2010, but he didn’t get in trouble until he posted that he would not follow any unlawful orders given by President Barack Obama.

In the complaint, Stein alleged that during the 17-month period from November 2010 through March 1, neither his commanding officer nor any other officer tried to restrict his Facebook activities. Nor was he told his Facebook activities prejudiced good order and discipline.

The complaint stated that on March 21, Stein was notified by his commanding officer that he was recommended for discharge because of alleged misconduct, including statements made against the president.

He posted the controversial comment in an online thread regarding NATO allowing US troops to be tried for Quran burnings in Afghanistan.

[onedoug]

I, (NAME), 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.

Depending on the exact wording of his Facebook, at least he may eventually have some ground for suit after Arpaio gets done with barry.

[AndyJackson]

he didn’t get in trouble until he posted that he would not follow any unlawful orders given by President Barack Obama

Nuremwhat?!

[Sergio]

Reference the Nuremberg Trials. Many German soldiers found out that, “I was just following orders.” was no excuse for committing crimes.

If the CIC, any CIC, were to issue an illegal or unconstitutional order, a member of the armed forces would not only be within his/her rights to refuse the order, they are actually required to do so.

So, the Face-book post only makes public a standing policy. His mistake was singling out our current CIC. Had he said that he would not follow any illegal orders, no one would care.

Disclaimer: The first step is to present you concerns to the next step up on the chain of command, and absent any clarifications or justifications, refuse the order. Military members also understand that if they misuse this right, they will be making small rocks out of big rocks for a very long time.

Disclaimer Two: I am not a JAG officer, but this is my understanding of how it works based on 2 years of ROTC, 9 years of active duty service, and a stint at Squadron Officers School.

[CodeToad]

Meanwhile, homos, gangbangers, and illegal aliens are being recruited into the military.

[Sarajevo]

A Camp Pendleton Marine is taking Defense Department brass to federal court, saying he is being hounded out of the service for exercising his First Amendment rights.

What a maroon! 1A rights are severely restricted once you put on the uniform.