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| MARINE SGT GARY STEIN |
Marine Sergeant Gary Stein landed himself in legal and administrative hot water recently, a result of his creating the Armed Forces Tea Party Facebook page. The site includes statements critical of President Obama and his policies, including a controversial statement by Stein that he would refuse to follow any orders from the Commander-in-Chief which the sergeant found to be illegal. Stein faces a possible discharge for his activities, which his commanders claim are in violation of several Department of Defense Directives and Uniform Code of Military Justice (UCMJ) articles. Stein asserts he is within his First Amendment rights in creating the Facebook page.
THE REALITY FOR GARY STEIN
Maybe this tea bagger missed this in Military 101:
The military has had a policy since the Civil War limiting the free speech of service members, including criticizing the commander in chief.
"The military has a very strong interest and appropriately so to remaining neutral," he said. "The last thing we want is our military taking side on political issues."
Former Navy officer David Glazier, a professor at Loyola Law School in Los Angeles, agreed.
"He's really rubbing the government's nose in it," he said. "It's really hard to have sympathy for him."
Stein said he is not swayed. He said he received hundreds of emails from service members and the public in support of him.
"They're entitled to their opinions but I still think this is a freedom of speech issue," Stein said. "I'm standing up for the Constitution."
Stein, a nine-year member of the Corps, said he started the page to encourage fellow service members to exercise their free speech rights. [See below Article 82 definition]
The Marine Corps said in a statement that it decided to take administrative action after Stein declared on Facebook that he would not follow unlawful orders from Obama. He later criticized the comments of Defense Secretary Leon Panetta.
According to Pentagon directives, military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement. Commissioned officers also may not use contemptuous words against senior officials, including the defense secretary or the president.
Stein was first cautioned by his superiors at Camp Pendleton in 2010, after he launched his Facebook page and criticized Obama's health care overhaul. Stein volunteered to take down the page while he reviewed the rules at the request of his superiors.
THE FACTS ARE:
Article 88 of the UCMJ makes it illegal for commissioned officers to use “contemptuous words” against a number of high level government officials:
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.Sergeant Stein is not a commissioned officer. But he could still be held culpable for his statements under the General Punitive Article 134. Under clauses 1 and 2 of that article, a member of the armed forces may be disciplined for any offense not otherwise covered in the UCMJ, but which is found “to the prejudice of good order and discipline in the armed forces,” or “of a nature to bring discredit upon the armed forces.” The prosecution in Stein’s will likely argue that some of the sergeant’s public comments, particularly of those criticizing the Commander-in-Chief, were in violation of Article 134.
Two other UCMJ Articles also limit the free speech rights of military personnel. Article 117 prohibits “provoking or reproachful words or gestures” toward another military member, and Article 82 makes it illegal to encourage fellow service members to desert or mutiny.
The hell with the lesser charge of Article 134, Mr. Stein is in violation of Article 82 which is mutiny!
Which is defined in UCMJ:
The United States' Uniform Code of Military Justice defines mutiny thus:
Art. 94. (§ 894.) 2004 Mutiny or Sedition. (a) Any person subject to this code (chapter) who— (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.Stein originally declared he wouldn’t follow orders from the President, but later “softened his statement to say he wouldn’t follow ‘unlawful orders.’”
Kick the tea bagger to the curb! He is a disgrace to both the country and more importantly the uniform! When he signed the dotted line to serve his country he took and oath to obey the orders of all Commanders - In - Chief, not just POTUS' that align with his FUBAR menatlity!
Stein is instigating a confrontation with the Marines "to get notoriety." So let's set an example for this tea bagger, let's give this asshat the attention that mommy and daddy failed to do.
Nothing less than a court-martial is acceptable!
I would say to asshat Gary Stein, even Napoleon Bonaparte thought he was being "Patriotic"!
NFTOS
Editor-In-Chief
Roger West
