Michael New Action Fund
Contact:    Daniel New    ddnew@bigfoot.com

Military Court to review
Michael New court martial

(Washington) - The Court of Appeals of the Armed Forces, highest military court in the land, has granted a petition for review (writ of certiorari) to Army Specialist Michael New, and will be setting a date for that hearing within the next two weeks.  Final briefs will be submitted by Army lawyers and by Henry Hamilton, LTC (ret.), New's attorney in the military appeals process.

SPC New was court-martialed in January, 1996, for his refusal to obey an order to wear a "United Nations uniform," which was essentially an American uniform modified with headgear and insignia.  When New reported to formation on 10 October 1995 wearing the authorized battle dress uniform instead of the unauthorized United Nations uniform, he was court-martialed.

None of the evidence proving the uniform unauthorized was allowed to be presented to the "jury" (panel) of officers and enlisted men during the court-martial.  That is the primary basis of the appeal.

The CAAF has three alternatives.

1. They can overturn the court-martial and rule that SPC New was right.

2. They can uphold the court-martial and free New's attorneys to pursue an appeal in Article III civilian courts.

3. They can order a new court-martial.

According to Daniel New, Project Manager for the Michael New Action Fund, in his inimitable understated way, "We can expect them to do whatever it takes to delay justice for as long as possible.  These men, who also took an oath to protect and defend the United States Constitution, are proving to be politicized cowards, quaking in fear of the current corrupt administration, a disgrace to their uniforms and to their country.  The chances of justice coming from a military court are slim to none.  We can look for them to continue to stall, and then to throw us off into another defensive effort.  Every law school student knows that "justice delayed is justice denied," and yet, we believe we are legally and constitutionally solid in our underlying premises, and in time, God permitting, we shall prevail in the Supreme Court.  The irony is that Michael New stands up for all these men in brass, and they don't seem to have the brains to understand that it is in their best interest to expedite his hearings and get him on up the road to the Supreme Court."