Marine's Facebook page tests military rules

Reality Check · **Posted:** Wed Apr 11, 2012 3:32 pm

I listened to part of the interview with the Kreep on Radio Hatriot's show. He makes the claim that Stein was not charged for comments he made on the Military Tea Party FB page but on a private FB group and that the comments were taken down immediately by the admin. He claimed that someone on that group took screen shots and reported Stein to his CO. There is lots more about the hearing in the interview. Kreep says it was a kangaroo court and ran from 8 am until 11 PM. He claimed that none of Stein's "expert" witnesses were allowed to testify. He claims Stein checked with a JAG attorney before starting the Tea Party page and they said it was OK. (Kreep is such a disgusting liar I have no idea how much of what he said is true.) (Skip to 16:30 for Kreep. It runs until about 58:30).

borealis · **Posted:** Wed Apr 11, 2012 6:18 pm

Plutodog wrote:

It was good but distasteful to see this creep in person, talking. He's clueless, dishonest, and without the slightest discretion. Sheesh!

But perfect for selling real estate in California!!!! :-bd

Reality Check · **Posted:** Fri Apr 13, 2012 11:21 am

There is a hearing at 9 AM PDT in the Southern District CA in Stein v Dowling. Stein is asking for an injunction to overturn the results of the separation board hearing. I added this case on the Birther Calendar too.

borealis · **Posted:** Fri Apr 13, 2012 11:33 am

Reality Check wrote:

There is a hearing at 9 AM PDT in the Southern District CA in Stein v Dowling. Stein is asking for an injunction to overturn the results of the separation board hearing. I added this case on the Birther Calendar too.

A question for our military forum and legal members:

Can a non-military tribunal or court overturn a military ruling? I thought military command or court martial decisions especially simple separation hearings can't be changed. Can he still receive a record mark stronger than the OTH discharge for this nonsense?

mimi · **Posted:** Fri Apr 13, 2012 11:41 am

Col. Sullivan has been blogging the Stein case a bit. Search results:

http://www.caaflog.com/?s=stein

mimi · **Posted:** Fri Apr 13, 2012 11:50 am

I hadn't seen the facebook page. Exhibit 2 is filled with that stuff. I don't see how Stein could ever win this. Even after the investigation started, the fool couldn't shut up.

SueDB · **Posted:** Fri Apr 13, 2012 12:10 pm

He has a case of terminal Lakinitis otherwise known as diarrhea of the mouth.

This is an administrative action. It is not a military justice issue.

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9326

borealis wrote:

Reality Check wrote:

There is a hearing at 9 AM PDT in the Southern District CA in Stein v Dowling. Stein is asking for an injunction to overturn the results of the separation board hearing. I added this case on the Birther Calendar too.

A question for our military forum and legal members:

Can a non-military tribunal or court overturn a military ruling? I thought military command or court martial decisions especially simple separation hearings can't be changed. Can he still receive a record mark stronger than the OTH discharge for this nonsense?

Short answer: No.

Slightly longer answer: It has long been well-established that judicial interference with military deployment orders presents serious separation of powers problems. See Orloff v. Willoughby,
345 U.S. 83, 93-94 (1953), as well as other cases cited by Judge Land before he sanctioned this lunatic. People like Orly seek to do nothing less than leave the nation defenseless against our enemies by crippling our military. They can be considered nothing less than domestic enemies.

Edit: And to the final question, in theory, yes. He can receive a more severe punishment. In actual practice, imposing such a punishment basically as revenge for seeking appellate review presents due process concerns. In the case of this jerk, though, he has repeatedly been offered lighter penalties, and has repeatedly bucked for worse. I hope they fuck him over.

Sequoia32 · **Posted:** Fri Apr 13, 2012 4:00 pm

From CAAFLOG:

Federal judge denies request to stop Sgt Stein’s discharge

[I can't seem to get the page at CAAFLOG to load to get a link]
The LA times link from CAAFLOG:

http://latimesblogs.latimes.com/lanow/2 ... -case.html

esseff44 · **Posted:** Fri Apr 13, 2012 4:16 pm

Link to caaflog item:

http://www.caaflog.com/2012/04/13/feder ... discharge/

From http://ktar.com/509/1511408/Judge-denie ... -dismissal

Quote:

A general must still decide the outcome, but Stein's lawyers argued Friday in federal court in San Diego that Huff had the right to intervene because the ongoing proceedings go too far and are chilling the speech of Stein and other service members.

Attorney J. Mark Brewer told Huff the entire process violates the First Amendment, which federal courts have the right to uphold.

Huff disagreed, calling Stein's postings "truly troubling." Service members have had their speech limited since the Civil War, especially if their comments are believed to disrupt good order and discipline.

The judge pointed out Stein's March 1 comments on a Facebook page used by Marine Corps meteorologists in which the sergeant stated, "Screw Obama and I will not follow all orders from him."

Sequoia32 · **Posted:** Fri Apr 13, 2012 4:35 pm

Offtopic :

Thanks, esseff. My internet connection keeps dropping off today...

Reality Check · **Posted:** Fri Apr 13, 2012 4:51 pm

Another loss for the Kreep. $\:D/$

nbc · **Joined:** Thu Mar 19, 2009 12:38 am **Posts:** 2529

I downloaded the hearing transcript from Pacer. 300+ pages. Anyone willing to put it on scribd?

mimi · **Posted:** Fri Apr 13, 2012 6:14 pm

That LATimes post (Sequoia posted link) includes a pic.

Quote:

District Judge Marilyn Huff refused a request from civilian attorneys for Sgt. Gary Stein to halt the dismissal. The attorneys said they will appeal to the 9th Circuit Court.

An Administrative Separation Board at Camp Pendleton last week voted 3-0 to recommend that Stein should be dismissed and given an other-than-honorable discharge for making comments "prejudicial to good order and discipline."

Quote:

If Brig. Gen. Daniel Yoo at the recruit depot accepts the separation board recommendation, Stein could be dismissed before the end of his current enlistment in late July. An other-than-honorable discharge would make him ineligible for veterans' benefits.

meh. He'd want no part of that socialist program anyway.

http://latimesblogs.latimes.com/lanow/2 ... -case.html

Chilidog · **Joined:** Mon Jan 09, 2012 12:36 pm **Posts:** 1963

Is he starting to look a little like Private Pyle?

dwight.sullivan · **Posted:** Fri Apr 13, 2012 7:31 pm

nbc wrote:

I downloaded the hearing transcript from Pacer. 300+ pages. Anyone willing to put it on scribd?

I posted the admin discharge board transcript here:

http://www.caaflog.com/wp-content/uploa ... script.pdf

borealis · **Posted:** Fri Apr 13, 2012 7:44 pm

Chilidog wrote:

Is he starting to look a little like Private Pyle? ShaaaaaZaaam!

When he used to look like this Private Pyle?

http://www.timvp.com/gomer0.jpg

dwight.sullivan · **Posted:** Fri Apr 13, 2012 10:56 pm

Here's a link to Judge Huff's decision in Stein v. Dowling:

http://www.caaflog.com/wp-content/uploa ... ruling.pdf

mimi · **Posted:** Fri Apr 13, 2012 11:14 pm

Thanks, Col. Sullivan. :-bd

Mikedunford · **Posted:** Fri Apr 13, 2012 11:53 pm

dwight.sullivan wrote:

nbc wrote:

I downloaded the hearing transcript from Pacer. 300+ pages. Anyone willing to put it on scribd?

I posted the admin discharge board transcript here:

http://www.caaflog.com/wp-content/uploa ... script.pdf

Thanks. Reading through it now, and something early on that sparked some minor curiosity. Both the commissioned members of the board had enlisted service prior to receiving commissions. Is that unusual, or are mustangs that common in the Marines?

dwight.sullivan · **Posted:** Sat Apr 14, 2012 9:01 am

Many Marine officers have prior enlisted service. I couldn't put a percentage of it, but it's frequent enough that it could be explained by luck of the draw. The p value would be WAY more than .05. (Sorry, a little statistics joke there.)

Reality Check · **Posted:** Sat Apr 14, 2012 9:37 am

I am about a third of the way through the hearing transcript. The defense counsel really disliked the legal assistant for the hearing. They stopped the hearing at least twice to call the CA to try to get him tossed. The CA didn't budge.

Reality Check · **Posted:** Sat Apr 14, 2012 9:44 am

There was a funny moment on the Kreep interview with Radio Hatriot ASK. Kreep said they hired their own court reporter to provide a transcript. At some point the reporter quit because he said he could not follow the proceedings with people talking over each other. The military reporter seemed to deal with the proceedings and produce a transcript.

mimi · **Posted:** Sun Apr 15, 2012 11:58 pm

UT San Diego via nbc's blog:

Quote:

Stein, a noncommissioned officer with nine years experience in the Marine Corps, knew what he was doing and, after these warnings, continued political blogging, calling the president a “domestic enemy” and writing, “As an active-duty Marine, I say screw Obama.” He announced that any order from the president sending troops to Syria would be unconstitutional and he would not obey such an order.

The douchebag:

Quote:

“As an active duty Marine, I say screw Obama and I will not follow any orders from him,” as well as, “I will not salute him,” and “Obama is the economic enemy, he is the religious enemy… he is the domestic enemy.”

nbc:

Quote:

Several relevant components: 1) He identifies his statement as made by an active duty marine 2) insults his Commander in Chief 3) states that the will not follow any orders from him, that he will not salute him and that his commander in chief is the economic, religious and domestic enemy.

more at nbc's place:
http://nativeborncitizen.wordpress.com/ ... n-the-eye/

I'm tempted to say the guy is history. But birfers seem to always get a different set of rules.

mimi · **Posted:** Mon Apr 16, 2012 12:09 am

Col Sullivan posted the ruling from California. I don't know if it was posted here or not, but here it is:

http://www.caaflog.com/wp-content/uploa ... ruling.pdf

Falsehoods unchallenged only fester and grow.

Marine's Facebook page tests military rules

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