Stein hands his firing squad the bullets
Shithouse lawyer, Gary Stein, who is looking at a discharge after nine years of service in the Marine Corps for announcing on his Facebook profile that he’d never salute President Obama, nor follow any orders he didn’t like, is still at making up laws according to the Stars & Stripes/LA Times;
The Marine sergeant facing discharge because of critical comments about President Barack Obama says the board that recommended his dismissal ignored the law and instead relied on “personal opinion.”
“I believe it was more based on personal opinion on the three members than it was based on the legalities of the case,” Sgt. Gary Stein told CNN in an interview Tuesday. “They denied four expert witnesses that were there to talk about the legalities. … They didn’t even want to hear or take written testimony from them.”
This is from the same guy who was told by his command that if he continued down his path, he would be facing disciplinary procedures. But he made his own examination of the military policies involved and unilaterally decided that he was within his rights. Now that he’s facing disciplinary procedures, he still thinks he knows the law better than his accusers.
Stein’s aptly named lawyer, Gary Kreep threatens that he’ll take the case to the Ninth Circuit. I’m sure the Ninth Circuit will be in a tizzy over that one. One the one hand, they hate the military, and on the other hand, they hate the Constitution, so who knows how that would turn out.
Last week, as Stein’s lawyers sought unsuccessfully to block the separation board hearing, Kreep said he suspects the Obama administration is trying to punish Stein because of his conservative views, including calling for a Republican to defeat Obama.
“My suspicion is that someone in the White House bureaucracy watching social media saw this (Stein’s website) and said, ‘We’re going to nail this S.O.B.,” Kreep said.
Yeah, that’s boob bait for the birthers, I’m sure the Obama Administration targeted the clown. They don’t pay attention to their generals, so why would they waste their time on a sergeant. FFS.
Category: Barack Obama/Joe Biden, Marine Corps
This is straight up Parker v. Levy, the Supreme Court case from 1974. The military is a specialized society, and the Court recognized that Constitutional protections don’t fully apply.
If there is one thing I learned, it’s better to go with the grain and suck it up rather than go against the grain. If you do go against the grain, you better make sure you are damn right – otherwise, you’ll get burned.
If it goes to the 9th circuit it could get interesting.
Wow, this guy just doesn’t know when to STFU, does he? Then again, he’s already buried himself, might as well do the job right, I guess.
In order to exhaust all administrative remedies, he should know that the Navy discharge review board comes first before going to the 9th Circuit. But I’m sure his civilian lawyer with little real experience with the military would know this.
He’d be a hero if it weren’t for the fact that he’s refusing to follow Obama’s orders.
He’s a turd.
Hey in all my years of service, as both a civilain cop and a (nat guard) soldier, I had a lot of bosses who’m I didn’t care for. However, I did raise my hand and took an oath for both duties and tried to never let politics destroy my judgement.
I think this (soon to be former) Marine is just a bit retarded. We’re always going to have a president that some of the people, most of the time, won’t like. Drive on.
I respect the position of President of the United States, even if I don’t like the guy who currently sits in that seat. However, you aren’t allowed to talk bad about your chain of command publicly (though I think we have all been guilty of that once or twice). When called on the carpet for it, you should suck it up and follow orders.
What is this guy’s MOS? 03-SHITHEAD?!?
As for the 9th circus, think of the wildest, most outlandish ruling they could possibly com up with and you’ll have their ruling.
“They denied four expert witnesses that were there to talk about the legalities. … They didn’t even want to hear or take written testimony from them.”
Small wonder. If it’s like any sep board I’ve ever seen, they had their own lawyer to advise them on legal issues. He had his lawyer to argue his point. But a board won’t be any more interested than a court-martial in turning the proceedings into a never-ending circus where “expert” advocates argue about public policy, the legality of the war effort, the qualifications of the President, or what the UCMJ ought to say.
Now, if he’d just been reading the comments at this blog last December — http://valorguardians.com/blog/?p=27800#comment-573844 — he could’ve saved himself a world of disappointment.
The internetz has created a whole new generation of self centered, narcissistic idiots who lust after their 15 minutes of fame.
Too bad it has infected the military also.
Do these idiots not realize how things work in the military? Or is it a ‘newer’ generation that seeks to create “martyrs” and “heroes” of themselves for attention and to stroke their own egos?
STFU already, jeez, just do your job and obey your chain when they say STFU and stop with the nonsense. This ain’t an order to mow down civilians, this is a simple order to stop the B.S. and conduct yourself in a military bearing.
I’m sure he has a “bright” career ahead of him though whoring himself out to the birther and other fringe movements as their spokes person once he gets out. There’s always a sucker born every minute.
too bad this guy just couldn’t keep his pie hole shut. obama isn’t forever…even though it feels like it.
I believe there’s a way to avoid this ever coming before the 9th Circuit.
If the military decides to terminate administrative discharge proceedings and court-martial him instead, I’m pretty sure the appeal for conviction would go to the Court of Military Appeals vice any US Circuit. And I’m not positive, but I think after the CMA the next judicial review is either the DC Circuit Court of Appeals or the SCOTUS.
This guy really needs to consider changing his name to I M (initials only) Dumbass. And he needs a new lawyer – now.
OK, I was off quite a bit here.
After court-martial conviction, the first appealgoes to the appropriate service Court of Criminal Appeals (one each for Army, Navy/USMC, USAF, and Coast Guard). From there, it can be appealed to the Court of Appeals for the Armed Forces. Other than Presidential Clemency or Pardon, the CAAF’s decision is final. Other Federal courts have no jurisdiction, as courts-martial are created pursuant to the powers granted to the Congress under Article I of the Constitution. Other Federal courts are created under Article III – which also gives Congress the power to specifically withhold appellate jurisdiction from Federal courts should they so desire. Congress appears to have done exactly that here by creating a separate UCMJ and military court system.
While a few military cases have come before the SCOTUS, review of courts-martial convictions by the Federal courts are apparently not guaranteed as part of the appeals process and is only undertaken rarely by the SCOTUS. That was contrary to my understanding, but I was wrong. Learn something new everyday, I guess.
he wants this in the District court. He wants the publicity just like that nutcase who refuses orders. It is grand standing and again using the military as a tool to do so.
Everybody, altogether now:
“There’s stupid, then there’s Marine stupid.”
Even if the shitbag got to a civilian court, his “experts” there to talk about the “legalities” would be inadmissable. Expert witnesses are there to assist the trier of fact on complicated “stuff” outside of the law. It is assumed that the court is itself an authority on the law. The only time expert testimony is admissable is if it is a question of “foreign” law. I doubt the UCMJ meets those qualifications. Further, I bet the presiding officer at the Court Martial knows the UCMJ pretty well. Doofus.
This reminds me of our favorite dirtbag, Peter Jemley, who fled to Canada to avoid the distant vague risk of deployment, where it was remotely possible that he might be given an unlawful order which he would then have to refuse. Apparently, it was easier to flee to another country than to plan on refusing to commit an unlawful order when and if he received one during a deployment that might theoretically happen. They called him “a new kind of hero” and he’s listed as an Iraq war protester, even though we weren’t then and haven’t since deployed to Iraq.
Yeah, Sig, I wrote about Jemley almost five years ago. Most of the clowns who went to Canada had real weird reasons for deserting. Like Corey Glass, who the Army wasn’t even looking for.