Consider this: You have volunteered to be an American soldier. You show up for work every morning. One morning you learn that your unit, and you, will be placed under the direct command of the United Nations – not the U.S. Military, and deployed to Macedonia under a foreign power. Your uniform will no longer be the Army green. You will surrender your Military ID Cards. This will be first time in this country’s Military history that active duty troops are no longer tasked with, and sworn to, defend the US Constitution. The Oath of Allegiance you took is meaningless. Your President Bill Clinton issued an executive order, which will bring about your dishonorable discharge. In 2010, ten years later, when classified documents are declassified, you will learn your President lied and bypassed Congress. Your treasured Military career will be devastated by Slick Willy.
The case of Specialist Michael New is sad and frustrating. His unit was selected to fall under then-President Clinton’s plan to remove an Army unit from the US chain of command, and place it entirely under the control of a UN general. Ordered to surrender his US military ID card and to alter his Army uniform (an act that can be authorized only by Congress) Spc 4 New requested the legal justification. He suspected that compliance would be illegal, and, aware that “I was just following orders,” is no excuse, he wanted to protect himself from participating in an illegal act. More importantly, he wanted to support and defend the Constitution of the United States, as he swore to do when he enlisted.
Rather than provide him with the legal justification for the order, his chain of command tried to intimidate him into silence. When it became clear that no justification was forthcoming, he volunteered to take on any other duty. He would have preferred assuming an unpopular or dangerous duty to insisting on making a point, but his request was denied. He was ordered, without satisfaction that the order was legal, to report with his unit to be transferred to the command of a foreign power.
In Spc. 4 Michael New’s case, he was serving with the 1/15 Battalion of the 3rd Infantry Division in Schweinfurt, Germany. It was October 10, 1995. In February 1996 Michael New was dishonorably discharged.
10 October 1995, the day his unit was supposed to be in formation in the U.N. uniforms, Michael showed up in his regulation U.S. Army uniform.” However, some 549 U.S. Army soldiers did show up in formation, wearing a United Nations emblem on their baby-blue caps and U.N. patches on their right shoulders! Michael was immediately removed from the parade ground, where he was informed that he would be facing a court-martial. He was read his rights. And this began the chain of events that continues sending shock waves around the country and the world.
New was “the first and only American ever convicted of the crime of wanting to serve his own country.”
The problem was that President Clinton had issued an executive order, Presidential Decision Directive #25 (PDD25), outlining the terms (which Clinton invented in direct contradiction of the UN Participation Act of 1945 – UNPA) under which he would be deploying American troops under United Nations command and control. It’s important for Americans to realize that the president was authorizing himself, ignoring the law, ignoring the Constitution, assuming power unto himself. To make sure that Congress did not object, he classified the order so that no member of Congress was allowed to read it, including Rep. Bob Dornan, Chairman of the Armed Forces Committee! I know that because Rep. Dorman told me so himself.
About a year ago, PDD25 was declassified, and we got a copy of it. Guess what! Bill Clinton lied to Congress. Doesn’t that shock you? He deliberately told Congress that he had the authority to make the deployments, but he based that claim on the wrong section of the UNPA. That was no accident.
We suspected that was what happened at the time of the court-martial, but of course we could not prove it because we were not allowed to read the executive order. The obfuscation extended from the White House to the court-martial in Schweinfurt, Germany, where SPC Michael New was convicted without being able to show any evidence in his own defense.
In 2005 US District Court Judge Friedman agreed that Bill Clinton may have broken the law, but a “soldier” cannot test it because it is the duty of Congress to do so.
According to legal observer Joseph Dale Robertson, “Every judicial circuit court of appeals in the federal system – except the District of Columbia – has ruled that in all criminal cases it is the jury, the trier of fact, that must exclusively determine each and every essential element of the alleged crime. Michael New was denied this fundamental right in his original court-martial. Every circuit court in the United States has said so with the singular exception of the United States Circuit Court of Appeals for the District of Columbia. It is now time for the DC circuit court of appeals to join with all other federal circuit court of appeal in the land and hold in the Michael New case that the constitution applies to criminal court martial trials as well. Further, that Michael New was denied a fair trial in that he was denied the fundamental right to have every element of the alleged crime determined by a jury and not a judge.”
Now, Michael’s father and others working for Michael will begin pouring through the declassified document. They believe, had that document been entered in the defense of Michael, he would have won his case.
Now that we have this evidence, it is only a matter of time needed to go back through the original transcripts, with a fine-tooth comb, looking for any error or fact we may have missed, and then we will be heading back to one of two places. We can simply go to one of the Army review boards and ask them to either overturn the Bad Conduct Discharge, or at least to award to a good soldier the Honorable Discharge which he deserved. But that doesn’t preclude that we are seriously considering going back in to either the Army Court of Criminal Appeals, or to Federal District Court, filing a motion of coram nobis: “The designation of a remedy for setting aside an erroneous judgment in a civil or criminal action that resulted from an error of fact in the proceeding.”
Today, the New family believes most soldiers do not know about what happened to Michael. There is a way you can help inform the soldiers in your life, and a way you can donate to help the News put the info into the hands of our military. Read the last few paragraphs here.
Ran at Si Vis Pacem is talking about Michael New and asks that you phone or email your Congressman and Senators “to provide a little cover fire for Michael New, as his supporters move forward with the declassified document.
Bob at The Camp of the Saints suggests we work to get this on talk radio or Fox News. Excellent idea. I don’t think much of America knows about this, knows what this man was asked to do, and certainly hasn’t a clue that Bill Clinton pulled a Slick Willy to get it done. Bloggers, join us in talking about this, and readers, please pass the information on to your Military loved ones and friends. It could happen to them.