Tweet
Court on tap for Marine targeted for dismissal
Claim made that military 'failed to protect' constitutional rights
WND
Bob Unruh
4/7/2012
Excerpt:
"An attorney representing a Marine sergeant accused of disrespecting Barack Obama on social networking sites says a full court hearing is up next.
Gary Kreep of the United States Justice Foundation told WND that he returned to federal court today, just hours after a Marine tribunal recommended dismissal for Sgt. Gary Stein at the conclusion of a 15-hour hearing.
But Judge Marilyn L. Huff rejected his request for the federal courts to intervene immediately to halt Marine Corps action against his client. She had rejected the request before Thursday’s hearing, too.
The action leaves an April 17 hearing in the same court as the next action in Stein’s case. From that point, a decision could be appealed to the 9th U.S. Circuit Court of Appeals. Kreep told WND that Huff had suggested that action.
In his request to the U.S. District Court for the Southern District of California, Kreep described how the military disallowed witnesses who would have spoken on behalf of Stein.
He said the military’s legal adviser assigned to the case “failed to protect Sgt. Stein’s procedural rights, and failed to fulfill his role as the impartial adviser to the board on matters of law, and took the role of the prosecution from the outset of the hearing.”
The statement from Kreep was submitted to the federal court in a renewal of a request for a temporary restraining order that would prevent the military from continuing to act in the case until the civil dispute, already filed in federal court, is resolved.
“Issuing the temporary restraining order without notice will preserve the status quo pending a hearing on the requested preliminary injunction as, given the intent of defendants to discharge Stein from service in the Marine Corps immediately, there is insufficient time for a noticed motion and hearing thereon,” Kreep explained to the court.
“The U.S. Marine Corps has demonstrated no willingness to allow Stein to pursue judicial remedies, including an appeal to the U.S. Court of Appeals for the Ninth Circuit. Without this court’s entering a temporary restraining order, Sgt. Stein will be separated from the Marine Corps within hours.”
He noted that the district court, which also declined to issue such an order before the military hearing, had recommended that the military allow time for a review of the decision."
....................................
View the complete article at:
http://www.wnd.com/2012/04/court-on-...for-dismissal/
Claim made that military 'failed to protect' constitutional rights
WND
Bob Unruh
4/7/2012
Excerpt:
"An attorney representing a Marine sergeant accused of disrespecting Barack Obama on social networking sites says a full court hearing is up next.
Gary Kreep of the United States Justice Foundation told WND that he returned to federal court today, just hours after a Marine tribunal recommended dismissal for Sgt. Gary Stein at the conclusion of a 15-hour hearing.
But Judge Marilyn L. Huff rejected his request for the federal courts to intervene immediately to halt Marine Corps action against his client. She had rejected the request before Thursday’s hearing, too.
The action leaves an April 17 hearing in the same court as the next action in Stein’s case. From that point, a decision could be appealed to the 9th U.S. Circuit Court of Appeals. Kreep told WND that Huff had suggested that action.
In his request to the U.S. District Court for the Southern District of California, Kreep described how the military disallowed witnesses who would have spoken on behalf of Stein.
He said the military’s legal adviser assigned to the case “failed to protect Sgt. Stein’s procedural rights, and failed to fulfill his role as the impartial adviser to the board on matters of law, and took the role of the prosecution from the outset of the hearing.”
The statement from Kreep was submitted to the federal court in a renewal of a request for a temporary restraining order that would prevent the military from continuing to act in the case until the civil dispute, already filed in federal court, is resolved.
“Issuing the temporary restraining order without notice will preserve the status quo pending a hearing on the requested preliminary injunction as, given the intent of defendants to discharge Stein from service in the Marine Corps immediately, there is insufficient time for a noticed motion and hearing thereon,” Kreep explained to the court.
“The U.S. Marine Corps has demonstrated no willingness to allow Stein to pursue judicial remedies, including an appeal to the U.S. Court of Appeals for the Ninth Circuit. Without this court’s entering a temporary restraining order, Sgt. Stein will be separated from the Marine Corps within hours.”
He noted that the district court, which also declined to issue such an order before the military hearing, had recommended that the military allow time for a review of the decision."
....................................
View the complete article at:
http://www.wnd.com/2012/04/court-on-...for-dismissal/
Comment