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Date: Sat, 29 Nov 1997 06:59:14 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Michael New Appeal Denied (fwd)

>[ Article reposted from misc.activism.militia ]
>[ Author was MikePiet@aol.com ]
>[ Posted on Tue, 25 Nov 97 23:05:05 GMT ]
>This is bad news folks, but at least it's not over yet. The appeal simply has
>to go the longer route.     Mike Pietrantoni
>Soldier loses request for civilian court to review discharge
>12.54 p.m. EST (1754 GMT) November 25, 1997
>By Robert Burns, Associated Press
>WASHINGTON (AP)  An Army soldier convicted by a military court last 
>year of disobeying an order to wear a United Nations arm badge and 
>headgear on U.N. peacekeeping duty lost his bid today for a civilian 
>court review. 
>A three-judge panel of the U.S. Court of Appeals for the District of 
>Columbia wrote that Spc. Michael New must first complete the appeal of 
>his January 1996 court martial conviction within the military justice 
>system before asking a civilian court to consider the case. 
>Today's opinion, filed by Chief Judge Harry T. Edwards, cited a 1975 
>court ruling that "service members subject to military discipline must 
>exhaust their military remedies before seeking collateral review in 
>federal court.'' 
>New's attorneys had argued that he could not get a fair appeals hearing 
>in a military court. 
>New also claims the Army no longer has jurisdiction over him because of 
>the military's allegedly illegal attempt to force him to serve as part 
>of a U.N. mission. His Army unit in 1995 was ordered to Macedonia as 
>part of a U.N. peacekeeping assignment aimed at preventing the spread of 
>the war in Bosnia. 
>New contended that the Army order violated the U.S. Constitution. He 
>asked that he be transferred to another unit or be granted an honorable 
>discharge. He was court martialed and sentenced to a bad conduct 
>In March 1996, a federal district court judge denied New's request to 
>review his case. He then appealed that ruling to the U.S. Court of 
>Appeals for the District of Columbia. At a hearing in September New's 
>attorneys argued that he could not get a fair appellate hearing in the 
>military system. 
>In its ruling today, the three-judge panel wrote that "it is difficult 
>to see how'' New's argument for claiming his deployment order was 
>unconstitutional would support his contention that he deserves an 
>honorable discharge. 
>"In any event, questions relating to the legality of the deployment of 
>troops to Macedonia and the orders to wear U.N. accoutrements need not 
>be reached in this appeal, because New has failed to exhaust his 
>remedies for relief in the pending court-martial action,'' Edwards 
>1997 Associated Press. All rights reserved.
>This material may not be published, broadcast, rewritten, or 

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
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