A Marine who criticized President Barack Obama on his Facebook page has
committed misconduct and should be dismissed, a military board
recommended late Thursday.The Marine Corps administrative board made the decision after a daylong hearing at Camp Pendleton for Sgt. Gary Stein.The board also recommended that Stein be given an other-then-honorable
discharge. That would mean Stein would lose his benefits and would not
be allowed on any military base.
The board's recommendations go to a general who will either accept or
deny them. If the general disagrees with the board, the case could go
to the secretary of the Navy.
Stein's lawyers argued that the 9-year Marine, whose service was to end
in four months, was expressing his personal views and exercising his
First Amendment rights.
"We're truly surprised and disappointed but it was an honor to fight
for a hero like Sgt. Stein and every other Marine's right to speak
freely," Stein's defense attorney Marine Capt. James Baehr said.
Stein addressed board members during Thursday's hearing, tell them he
loved the Marine Corps and wanted to re-enlist, Baehr said.
During the hearing, the prosecutor, Capt. John Torresala, said Stein
went as far as superimposing images of Obama's face on a poster for the
movie "Jackass."
Torresala argued that Stein's behavior repeatedly violated Pentagon
policy that limits the free speech rights of service members, and said
he should be dismissed after ignoring warnings from his superiors about
his postings.
The government submitted screen grabs of Stein's postings on one
Facebook page he created called Armed Forces Tea Party, which the
prosecutor said included the image of Obama on the "Jackass" movie
poster. Stein also superimposed Obama's image on a poster for "The
Incredibles" movie that he changed to "The Horribles," the prosecutor
said.
Torresala also said anti-Obama comments by Stein that were posted on a
Facebook page used by Marine meteorologists were prejudicial to good
order and discipline, and could have influenced junior Marines.
Stein's security clearance was taken away and he has no future in the
Marine Corps because he can't do his job without that clearance,
Torresala said.
"The Marine Corps community views the command's lack of action as some
kind of knock on good order and discipline," Torresala said. "Our own
people are questioning why this Marine is not being held accountable."
Baehr said during the hearing that prosecutors were trying to dredge up any damaging information they could against Stein.
"There is no basis in this case," Baehr said. "Sgt. Stein has broken no law."
Baehr expressed after the hearing that he hoped that the recommendation
would be rejected by the general, saying the case will go forward. "The
issues are too important for this to end today," he said.
The military has had a policy since the Civil War limiting the free
speech of service members, including criticism of the commander in
chief.
Pentagon directives say military personnel in uniform cannot sponsor a
political club; participate in any TV or radio program or group
discussion that advocates for or against a political party, candidate
or cause; or speak at any event promoting a political movement.
Commissioned officers also may not use contemptuous words against senior officials.
Backed by a team of lawyers and congressmen, Stein has said he is
fighting for his constitutional rights and should be allowed to stay in
the military. His lawyers and the American Civil Liberties Union
contend his views are protected by the First Amendment.
"Think about how dangerous this could be if the U.S. government can
prosecute you for something you say on your private Facebook page,"
Baehr said.
Stein has said his opinions are his own and has put a disclaimer on his
Facebook page saying so. His attorneys argued service members have a
right to voice their opinions as long as they do not appear to be
presenting their views as being endorsed by the military. They say the
Pentagon policy is vague and military officials do not understand it.
The Marine Corps has said it decided to take administrative action
after Stein declared on Facebook that he would not follow orders from
Obama and later clarified that statement saying he would not follow
unlawful orders.
Stein could face other-than-honorable discharge while seeing his rank
reduced to lance corporal and losing his benefits. The nine-year
veteran was set to finish his service in four months.
He said he was removed from his job at the Marine Corps Recruiting
Depot in San Diego last month and given a desk job with no access to
computers.
Rep. Duncan Hunter, R-Calif., a former Marine, wrote a letter to
Stein's commanding officer stating the sergeant should not face
dismissal for an opinion shared by a majority of Marines. Hunter said
he was referring to Stein's statement that he would not obey unlawful
orders. Rep. Darrell Issa, R-Calif., also expressed support for Stein.
Stein said his statement about Obama was part of an online debate about
NATO allowing U.S. troops to be tried for the Quran burnings in
Afghanistan.
In that context, he said, he was stating that he would not follow
orders from the president if it involved detaining U.S. citizens,
disarming them or doing anything else that he believes would violate
their constitutional rights.