(District of Columbia) -- Army Specialist Michael
New's military appeal for his 1996 conviction came to an end October 9, when the
Supreme Court declined to look at his case. New was court-martialed for
deliberately disobeying an order to report to duty with unauthorized United
Nations symbols and blue cap, and to deploy under a general from Finland for
deployment to Macedonia, pursuant to then President Clinton's unilateral policy
to deploy American soldiers under UN command.
"Although we are disappointed in the
Court's ruling, this is not the end of the legal road for Michael New,"
Herbert W. Titus, New's lead counsel in the Supreme Court
stated. "Not only is it important to note that the Supreme Court's denial
is not a ruling on the merits of New's claims," Titus continued, "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," Titus observed, "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."
"After meeting with our client and
his family," Titus concluded, "a decision will be made as to the next step to
take." Titus expects that decision will be made within the next
30 days.
Associated Press (AP) broke the story October 9,
incorrectly claiming that the Supreme Court had upheld the government in its
"peacekeeping" policies. Their release prompted this reaction from Daniel
New, "AP has completely mis-read the decision, and jumped to the false
conclusion that Michael New's case (which they have steadfastly ignored for
nearly six years) has ended. Nothing could be further from the
facts.
"AP concluded their article by snidely
stating, 'Since the case started, he was convicted of forging
prescriptions.' We have dealt at length and openly with the medical
problems Mike has endured as a result of three unsuccessful and painful knee
operations, which resulted in a dependency on a prescription drug. It is a
common technique in the press today to smear an individual's character with
half-truths and innuendo. AP has lived up to their
reputation."
The Army has contended for over five years that
the questions raised by Spc. New are "political in nature," and have no place in
military courts. But when facing civilian courts, they have argued that
the questions were "military in nature," and have no place in civilian
courts.
"The real question we are trying to answer,"
continues the elder New, "is whether the government of the United States (and
the Pentagon) is subject to its own laws and regulations. We are
frightenly close to getting an answer in the negative. If that is the
case, then we may as well declare this Republic dead and shout, 'Long live the
king!'"