Gulf War Vets Home Page

http://www.mikenew.com/update02.16.2007.html

From the desk of Daniel D. New
 
25 January 2007

 

Dear Supporters of USA Sovereignty, and of Michael New:

16 February 2007
For immediate release.

Contact: Daniel New - ddnew@mikenew.com
Dr. Herbert Titus - forecast22@pinn.net
Government gets another extension in Michael New case

(Washington) - The Supreme Court has granted the Justice Department a new extension, that they may be prepared to file their brief in the case of former Army Specialist Michael New.  This is the government's second request for an extension of time.  According to Daniel New, Project Manager for the Michael New Legal Defense Fund, "It's easy to see why the government is unprepared.  They've spent eleven years treating this case with contempt and arrogance.  Now, for the first time, they have suddenly realized they are going to have to produce some serious legal work in order to defend the total abuse of justice that they have practiced for over a decade." 

At issue in this court is the Standard of Review, along with the twin issue of Due Process.  Spc. New was court-martialed in 1996, and was denied permission to introduce evidence in his own defence that would have proven that the United Nations uniform that he was ordered to wear was unauthorized; that the chain of command under a Finnish general officer was unconstitutional; and that the deployment itself to Macedonia was illegal.  The Army merely ruled that "evidence is not a fundamental element of the defence."  That decision was upheld by the Army Court of Criminal Appeals, and by the Court of Appeals of the Armed Forces.  Not being allowed to present evidence in his own defence, and acting with orders of the judge, the panel (jury) found him guilty in fifteen minutes.  It has not been so easy to make him go away since that time.

The brief filed by Michael New's attorneys can be found here.  The amicus curiae ("friend of the court") brief filed by the National Institute of Military Justice in support of Michael New may be found here

Should the Supreme Court grant Oral Arguments, after reviewing this case some time around May of this year, those arguments will probably be set for the Fall Session. 

After Oral Arguments, the Supreme Court can uphold the lower courts' rulings, or they can remand the issue back to any lower court for an argument on the merits of the case - something that has not yet happened in nearly a dozen years.

The ultimate issue is the question of whether U.S. citizend can be forced to serve in a military capacity under a foreign power, against their will, having taken an exclusive Oath of Allegiance to support and defend the Constitution of the United States. 

Constitutional attorney, Dr. Herbert W. Titus of Virginia, contends, "It is nothing less than a bait-and-switch tactic to recruit young people to serve their country, and then switch them over to serve, and perhaps die in service to the United Nations."  Titus is lead counsel on the legal team arguing Spc. New's case before the Supreme Court.