"Spc. Michael New has "walked point" for
national sovereignty for six long, lonely years. Now he has
PRESS RELEASE - for immediate
release MAY 8, 2002
President Bush: "No World
Spc. New Again: "No World Army"
WASHINGTON,D.C. - Former Army Specialist Michael
New supports President Bush's decision to reject any U.S. participation
in the International Criminal Court because of its threat to American
soldiers and attack on American sovereignty. New, who in 1996 was
court-martialed and kicked out of the Army for refusing to wear a United
Nations uniform, filed suit May 8th, against the Pentagon and the Army at
Federal District Court in Washington. New will carry on his six year
fight to win back his good military record.
Spc. New contends his own case is wrapped up in the identical issues and
questions facing President Bush who is at odds with the purpose and
functions of the International Criminal Court. Early media reports say
Bush is concerned that an International Criminal Court would expose
"American soldiers and officials overseas to capricious and
mischievous prosecutions." As a result, the United States will
not recognize the court's jurisdiction; it will not submit to any of its
orders; and it declares the signing of any document by the Clinton
administration endorsing such a court as not being valid.
"My client has been fighting his case all along to protect American
sovereignty. We consider President Bush's recent action involving the ICC
shows that he too is concerned for our nation's sovereignty," said
Herbert W. Titus, one of four attorneys representing New.
In 1995, New's Army battalion was stationed in Germany with the 3rd
Infantry Division. Just before being deployed to Macedonia, the American
soldiers were ordered to remove any U.S. flag patches from their
uniforms, take off their U.S. Army caps and replace them with blue caps
of the United Nations. They were then told to immediately begin following
orders from a Finnish General.
When New challenged the legality of those orders, he was told their legal
basis stemmed from an executive order issued by then-President Bill
Clinton. When New requested to see the executive order, he was told it
was classified and not available for viewing -- not to him and not even
to the United States Congress, which was also denied permission to read
Presidential Decision Directive #25.
In an extraordinary turn of events, the judge at the court-martial in
Germany refused to allow the jury to see any of the evidence which New's
attorney claimed would prove conclusively the deployment and U.N.
uniforms were illegal. Without evidence to consider, the military
"panel" took only a few minutes to decide that New had
disobeyed an order was thereby convicted. He received a Bad Conduct
The evidence for Spec. New's refusal to disobey a direct order has never
been allowed to be examined in a court of law. Six years later he
is still waiting for a "speedy trial," to clear his name as an
honorable American soldier who voluntarily served his country, but
refused to follow an illegal order.
President Bush has not yet commented on Clinton's Presidential Decision
Directive #25, which many in Congress see as a blatant abuse of power.
But Bush's recent actions toward the ICC indicate his administration has
become increasingly concerned about where the ICC will go in assuming
authority that transcends national sovereignty. Harold Hongju Koh, a Yale
professor and former assistant secretary of state in the Clinton
administration, was quoted in the New York Times saying, "This is an
international Marbury versus Madison moment."
According to noted habeas corpus expert, J.Dale Robertson, "The
question of the ICC being a Marbury versus Madison moment may well be
true---but there is no question that Spec. Mike New's case is a 'Dred
Scott moment' in American liberty."
U.S. soldiers, who could become subjects of any International Criminal
Court, already serve under United Nations authority in more than 40
countries, some of them in actual U.N. uniforms and others under
multinational agreements and regional arrangements. "Most
Americans do not realize that a United Nations commander pledges to
follow the orders of the U.N., even above the orders of his own country.
This pledge affects his soldiers too," said Daniel New, father of
Michael New Legal Defense
Michael New is not available for interviews while case is in litigation.
For the "public version" of PDD 25, go to: www.mikenew.com/pdd25.html
For more on J. Dale Robertson, go to: www.habeascorpus.net/
Click here to read the Press Release for Michael's Attorney