FOR IMMEDIATE RELEASE
24 March 2004

CONTACT:  Daniel New ddnew@mikenew.com


Michael New wins a round in court!


(District of Columbia) - U.S. District Court ruled last week that former Army Specialist Michael New would be allowed to file an amended complaint with the court, and denied the Justice Department's request that the case be dismissed. 

Michael New is the only American ever convicted of wanting to serve his country exclusively.  He disobeyed a direct order in 1995 to wear an American uniform altered with unauthorized changes, including a blue cap, blue scarf, and UN emblem on the right shoulder, and then to report to an illegal chain of command.

New's unit was ordered to deploy into Macedonia under an officer who was forbidden by the U.S. Constitution to command American soldiers.  Spc. New believed those orders to be a violation of Army regulations and of his Constitutional rights as a Citizen-Soldier.

Michael New was court-martialed in 1996 and given a Bad Conduct Discharge.

Knowing that no military court could find the will to rule against Bill Clinton, he took his case to US District Court, Judge Paul Friedman presiding.  The Army argued in District Court that the case is purely military, and has no place in a civilian court.  Judge Freidman refused to hear the case in 1996, citing a lack of jurisdiction, but invited it back to his court, “after the military remedy is exhausted."

Michael New exhausted that military appeal in 2002, with the Army arguing repeatedly that the case was a purely civilian case with political overtones, and that it had no place in military courts.  The loss of all military appeals opened the door to return to Judge Friedman’s courtroom.

The government made numerous objections to New's first complaint, citing jurisdictional issues over claims to back pay and restoration of benefits.  As a result, every thing they objected to was removed, and the complaint was presented back to the court as an amended complaint.  One might have expected the government to have been happy, but instead, they then filed for dismissal.  Judge Friedman has denied their request.  The Justice Department has until April 16 to respond, and then a docket date for trial will be set.

According to Daniel New, father of Michael New, and spokesman for his defense, "It's a small step to win this round, but a very important one.  The government is now forced to argue on the merits, for the first time in almost nine years.  They are about to find out what this issue is all about, and frankly, I don't believe they have a clue.  They still think it's about obeying orders.  The Constitutional issues are about to be argued -- we anticipate that the government will be very poorly prepared.  It's been a long time since they even thought about the Constitution!" 

“The delays have been extraordinarily long, at every step of the process.  This important legal battle has taken almost nine years," stated Michael New’s lead attorney, Herbert W. Titus.  “Yet there are men and women in uniform today, and for generations to come, who will be affected by this ruling."

Suzanne New, Mike’s mother, says, “We raised our sons to be loyal Americans, to believe in God and the Constitution. Are we to tell our grandsons that we were wrong, that they must serve and possibly die for the United Nations?"

“This battle is not about me," says Michael New.  “It’s about whether every American who serves in our military might become mercenaries who will be forced to wear the U.N. uniform, take orders from foreign commanders and possibly even stand trial under global courts." New continued, “And I don’t intend to let them down."
______________________

Herbert W. Titus is a leading Constitutional attorney practicing in Chesapeake, Virginia.  He can be reached for comment by press at his office  757/421-4141, or by e-mail at forecast22@pinn.net.

Contributions for the Legal Defense of Michael New should be mailed to:
Michael New Action Fund
P.O. Box 100
Iredell, Texas 76649
All active duty and reserve military personnel are eligible to receive a free copy of the book MICHAEL NEW -- Mercenary...or American Soldier? by simply requesting a copy at the website or by mailing a request to the address above. 

For more information:
http://www.mikenew.com/
http://www.UNWatch.com/



Get latest updates on Micheal New's case by sending a blank email message to update@mikenew.com.