"Spc. Michael New has "walked point" for national sovereignty for six long, lonely years.  Now he has reinforcements." 
        --D. D. New

PRESS RELEASE - for immediate release   MAY 8, 2002

President Bush:  "No World Court"
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 Discharge.

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.


Daniel New
Project Manager
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