Almost six years after he was court-martialed for disobeying what he called an illegal order to remove his American military uniform patch in favor of the insignia and blue beret of the United Nations, U.S. Army Specialist Michael New’s 1996 conviction stands as the U.S. Supreme Court last week declined to review the celebrated case.
While stationed in Germany in 1995, New was among a few hundred troops then-President Clinton sent to Macedonia on a U.N. peacekeeping mission. When given the order, New said he would not serve a foreign power.
On Oct. 9, the Supreme Court declined to take on the case.
“Although we are disappointed in the Court’s ruling, this is not the end of the legal road for Michael New,” said Herbert W. Titus, New’s lead counsel before the Supreme Court. “Not only is it important to note that the Supreme Court’s denial is not a ruling on the merits of New’s claims, but the Court’s ruling does not preclude New from pursuing legal remedies in the federal courts.
“Now that the Supreme Court has decided not to review the court-martial proceedings,” added Titus, “New has ‘exhausted his military remedies,’ just as he was instructed to do by the federal courts. The door is now open to litigate New’s important constitutional and statutory claims which have never been addressed on the merits by any judge who is not part of the executive branch.”
New and his family will likely make a decision on the next legal step within the next 30 days, said Titus.
In June, the Court of Appeals for the Armed Forces upheld New’s bad-conduct discharge in a unanimous ruling.
Related stories:
Court rules against Michael New
Michael New demands court action
Helene and the ‘climate change’ experts
Larry Elder