An Account of Michael New's Appeal
September 26, 1997
Written by Sue Frederick of the patriot group
E Pluribus Unum
I attended the hearing in Washington, DC, regarding the case of Army
Specialist Michael New. There were between 200-250 people in attendance
(my own estimate). Ed Razor was there, also veterans and concerned
citizens from all over the country, including Alaska and California.
There was also a group of home-school teens who had come to show their
support for Michael.
As we stood in the hallway of the courthouse waiting to enter the courtroom, we introduced ourselves to each other, handed out small American flags so that everyone who entered the courtroom was carrying
one and marveled over the show of support Michael was getting by our
being there. We discussed how we knew about Michael's case and how we
were active in trying to right the wrongs that led to the problem in the
first place.
We entered the courtroom 10 at a time and were seated. There was a small section reserved to one side for (I believe) press and interested parties from the offices of our Congress. It was filled with people
wearing suits and looking very business-like.
I was told (though I did not see it myself) that the prosecuting attorney leaned over to the defense attorney before the hearing started and said "Who _ARE_ all these people?" The answer was "They're
Patriots." I also heard one of the judges inquire regarding the number
of people who were present to hear Michael's case.
The defense did an excellent job of trying to keep the judges focused on what the case was really about. The judges were, it seemed, trying to belittle Michael's problem with the order he was given. There was
repeated referral to a conscientious objector case discussed in the court briefs (of which I have ordered copies). I was very concerned that the judges just didn't "get it". They kept asking what it was that made the order unlawful. The defense stated that there were several resolutions sponsored by the US in the UN that referred to the action in Macedonia as a "Chapter 7 action" (of the UN Charter). Chapter 7
actions required Congressional approval in accordance with the United Nations Participation Act of 1945.
The prosecution got up and received similar (though I felt not as harsh) treatment from the judges. There were four or five men in Army Uniforms, but the prosecuting attorney was in civilian clothing.
After the hearing was over, I went to the Clerk of Courts Office and ordered copies of the briefs that had been presented to the court and copies of the hearing transcript.
After picking up my camera (which had to be checked in order to gain entrance to the courthouse), I went outside. There were dozens of cameras and reporters. They were interviewing everyone in sight. I
personally spoke with reporters from Stars and Stripes European Edition,
Family News in Focus and several others.
There was one interesting encounter that did not get any coverage from the press. A lady who has served in the Army for a total of 23 years (including service in Vietnam) was questioning the prosecuting attorney
regarding his handling of the case. She was very upset and confronted
him regarding what she felt was tantamount to treason in his support of
the government in this case. He gave no answer, stated over and over
that he "understood". My impression of the whole thing was that he felt
he was "simply doing his job".
There were some young men who had a large banner that read "Real Americans Don't Wear U.N. Blue". They were not permitted to display it on the courthouse property. They went across the street and held it up for as long as anyone remained to see it.
After the court appearance, we all went to the Cannon Office Building for a "Legal and Legislative Update" to which all the members of Congress were invited. Four or five of them actually showed up. Helen
Chenoweth was there, of course, as was Roscoe Bartlett and a few others. They read and discussed House Concurrent Resolution 158 which Mrs. Chenoweth had sponsored. There were also discussions of the accounting that Mr. Bartlett had done of the UN and the US. According to his findings, the US does not owe the UN any money, but the UN owes the US $3.4 billion. I do not know how the Update ended because I had to leave early in order to make an appointment I scheduled with my Congressional Representative. I took with me from the Update a copy of
the H. Con. Res. 158 and requested that she cosponsor the resolution.
Though I met with her Legislative Coordinator, I did submit the request for her to cosponsor H.C.R 158. I also discussed Michael's case and the issues it calls into question.
All in all, it was a wonderful experience! I would gladly do it again in a minute. It was an honor to be able to participate in a small way in the support of an American Hero.
Sue Frederick
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