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To: madfly
Michael New would've been prosecuted regardless of who his Commander in Chief was. He refused to obey a direct and lawful order. Case closed. Your chain of command can order you to wear whatever they want. They could order you to wear a pink beret as far as that goes. I, for one, am pleased that the Army saw fit to court martial him. They would have done the same to me had I broken that same rule. If New is a patriot, what does that make all the other soldiers who followed the order? Traitors, I guess?

The mission itself- the UN part of it- was a waste of time and money. But it was also interesting and a good look at the way the UN operates. There are plenty of US officers that volunteer for these types of missions because of the pay.

58 posted on 10/30/2002 6:21:23 AM PST by Prodigal Son
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To: Prodigal Son
The question arises: was Michael New issued a lawful order? New, as did every serviceman since the founding of this republic, swore an oath to uphold the Constitution of the United States and to obey the lawful orders of the President and his superior officers. His oath did not require him to obey the orders issued by foreign commanders (in this instance, a Turk) on behalf of a foreign power (in this case, the U.N.). That other soldiers obeyed the order does not prove whether the actions are right or wrong.

The complicating matter is the fact that the Constitution permits the Federal government to engage in treaties with foreign governments. As much as I despise the U.N., the United States government did not violate the Constitution by signing the treaty. Treaties place the Federal government under certain obligations, which hold the same place in Federal law as the Constitution itself. Were our military involvement in Macedonia a requirement of our U.N. membership, the President and the Secretary of Defense would be obliged to command the U.S. military to do so. Thus, New's order would have been lawful and he would have been obliged to obey it.

Neither the Defense Department nor Michael New appear to have clearly proven their case. It is my hope that this case would be heard by the Supreme Court.

70 posted on 10/30/2002 7:03:51 AM PST by Wallace T.
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To: Prodigal Son; D Joyce
"...He refused to obey a direct and lawful order..."

Not Correct....

Mike New had Sworn an Oath "...To Protect the (U.S.) Constitution from All Ememies.....BOTH FOREIGN and Domestic..."

Funny thing.....the Oath that the POTUS & VPOTUS swears to does not contain that line.....

Shrub is only adding one more Brink in the wall that separates American Citizens from their Soverign Nation and God Given Rights

85 posted on 10/31/2002 10:37:12 AM PST by Coto
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