(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!'"
Contact:  Herbert W. Titus, General Counsel
               (757) 467-0616
               Daniel T. New, Project Manager
               (254) 796-2173
               Michael New Defense Fund
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