Marine Who Called Obama “The Enemy” Is Fighting For His Right To Free Speech

Gary Stein SC Marine Who Called Obama The Enemy Is Fighting For His Right To Free Speech

How many currently enlisted soldiers do you know who are openly criticizing President Barack Hussein Obama in public?

Marine Sergeant Gary E. Stein is one of them. Sgt. Stein is a recruiter based at Camp Pendleton in California. He has received glowing recommendations from his superiors. He has been a marine since July 15, 2003; five years later, he was promoted to the rank of Sergeant. Stein is hoping to reenlist when his current term of service expires in just under four months from now, and he has asked for his current term to be extended until June 28, 2013 (this request is currently pending.)

He is the founder of the Facebook page called the Armed Forces Tea Party, which he formed in 2010 as an expression of free speech. The page  currently has more than 26,000 followers  and according to its description is ”in no way affiliated with the military, or United States Armed Forces.” He has spoken at several tea party events in southern California during the last two years outside of uniform.

Unfortunately, Sgt. Stein is facing dismissal from the Marines over some comments he has made about Obama recently, notably that the current occupier of the White House is “the enemy“. He also has said that he will not follow what he considers to be any “unlawful order” given by Obama. Stein believes that attempts to throw him out of the military are really about silencing his right to speak out against the president.

Subsequently, Stein has, with the help of the United States Justice Foundation, decided to sue Colonel C.S. Dowling, his commanding officer; Ray Mabus, the Secretary of the US Navy (and Dowling’s superior); The US Department of Defense; the United States Government; and Bridagier General Daniel Yoo, who has threatened Stein with dismissal.  He feels that his First and Fifth amendment rights under our Constitution have been violated in the process of attempted separation from service with the Marines. Sgt. Stein insists that he did not agree to give up his right to free speech when he enlisted almost nine years ago.

According to the complaint filed on April 3rd in the U.S. District Court for the Southern District of California, Stein and his lawyers believe that “though the First Amendment may operate differently in the military and civilian contexts, the military must still respect a service member’s freedom of speech.” They also believe that the “Defendants are attempting to railroad (Stein) out of the Marine Corps, with an Other Than Honorable discharge, on extremely short notice…without due process of law” in contradiction to DOD Directive 1344.10 (which protects the US citizenship rights of all members of the armed forces.)

Over the past two years, Stein, along with three friends, used their Facebook page to voice their concerns about the direction America was going. They did not just criticize Obama; they also went after John McCain, the four remaining GOP presidential candidates, and Defense Secretary Leon Panetta. The four were insistent that they were not commenting on issues of public policy as representatives of the US Military but instead as concerned civilians.

In April 2010, Sgt. Stein was asked to appear on Chris Matthews’ MSNBC program “Hardball.” Although he received permission from his immediate superior, he was asked en route to the set of the show to return to base immediately. Soon afterwards, Sgt. Stein  was told that he was suspected of using government resources in updating his private Facebook page; he had no problem temporarily taking the page down while they reviewed the matter. Subsequently, Stein was encouraged to include the disclaimer about expressing strictly personal views. He was never actually asked to take down the page.

From November 2010 through March 12 of this year, none of Stein’s superiors tried to restrict or censor his views in any way, shape, or form. He also never encouraged any of his fellow soldiers to disobey any particular orders issued by any superior officer or to carry out any unlawful acts themselves. Sgt. Stein was never told that he was “walking on thin ice” or doing anything wrong by expressing his views as a civilian.

Suddenly, on March 21, Stein was told by his commanding officer (Dowling) that he was recommending that the Sergeant be discharged from the Marines because of “alleged misconduct” that was “prejudicial to good order and discipline.” The notification itself was brief and rather vague. Essentially, it was an ambush.

As mentioned earlier, Stein is fighting an “OTH” discharge. This characterization is “the worst possible mark on a service member’s record that can be imposed” short of being court-martialed. It would strip him of most if not all of his military benefits and would be a black spot on his record, following him for the rest of his life and impacting his ability to make a living in the future.

To make matters worse, the notification required Stein to respond within two days; it was served to him during a period when the defense military lawyers (Judge Advocates) on his base were at training and therefore would leave him without anyone to consult before he had to file his response. He responded promptly, and the defendants in this case scheduled a hearing to take place only nine days after the notification was first served. Although he and his civilian  lawyers were able to postpone this hearing until April 5, subsequently they were denied more time to prepare for the hearing every time they made such a request.

According to the complaint, Stein and his lawyers have claimed that they  ”have had insufficient time to prepare for the hearing on the Notification, the results of which may severely prejudice Stein with respect to his continues military career, future employment, and other important aspects of his life.”

Sgt. Gary Stein and his lawyers want the Court to declare that his First Amendment and Fifth Amendment rights were violated by the defendants. They argue that the defendants’ interpretation of certain DOD rules led to the violation of his rights. Stein would also like all dismissal proceedings against him to cease; alternatively, should this request not be granted by the court, then he at least would like to be given more time (at least a month) to prepare for his hearing. Finally, Stein wants the defendants to pay his attorneys’ fees and for the expenses he has and will have to endure to settle this legal matter.

Photo Courtesy of Gary Stein via AP.

To watch the original CNN video about this story, click here: http://www.westernjournalism.com/marine-calls-president-obama-the-enemy/

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Comments

  1. Dabne of Shiteland says:

    Obamy is a commie just like his mommy and his mommy's mommy.

  2. sean murry says:

    the marine is right he is the enemy.

  3. madmemere says:

    Sgt. Stein is correct- -the current "occupiers" of the White House ARE THE ENEMY! Sgt. Stein should NOT be "punished" for his take on the current situation – -he should be rewarded and we should SEND IN THE MARINES to "rout" the obama-soetoro administration!

  4. irish1ms says:

    MAY GOD BLESS AND PROTECT THIS FINE YOUNG PATRIOT! HE IS STANDING UP AND SPEAKING OUT ON WHAT HE BELIEVES, WHICH IS GUARANTEED BY OUR FIRST AMENDMENT RIGHTS! WE SALUTE YOU SGT. STEIN!

  5. charles1712 says:

    Even people in the military know that We The People have a criminal and a fraud sitting in the White House going by the name of barack hussein obama using a stolen social security number . Take hart Patriots if there are people in our military that think they are being given orders by some one who is not legally able to do so what do you think will happen when this fraud obama tries to declare Marshal Law ?

  6. As a former Marine I can see no reason that he can't express how he feels, He his the one that is fighting
    this war and Obama is in the white House under false pretense of being a Amercia Citizen and nobody has the balls in Washington to call Obama were is the US Congress at they have all fallen a sleep or they are all brain dead, is everybody in Washington that scared of this person, they all need to get some back bone and shoe him that he is not in charge we the people are in charge and we don't like what he is doing to America.

  7. To bad there is not more pepple like him. That stand up and speak out.

  8. just me says:

    This Marine is a hero!! He is upholding his Country. We all know Obama is the enemy of the people of the United States, Black, white and any other color. He is not a citizen of this Country and is a Puppet for Soros etal! He is a a Christian but we cannot say God anymore. He is a muslim juhadist!! He is everything this Country has always fought against . Jesse Jackson, Al Sharpton, Rev Wright, the black Panthers are not their friends . They are their worst enemies! They used the Black Community to their self aggrandizement. Not for the blacks. If they truly represented the good of the blacks many would not live in poverty . There are Blacks who understand this and got out from under but all too many are still waiting to be taken care of. I wonder if they like living in degradation? Because as long as the above are their leaders that is where they will stay. It is not the White man who is their enemy it is the above mentioned culprits. They feed off of you. And getting pretty fat! Wake up, wake up understand who the enemy is! In the meantime this Marine who is a National Hero is kept in bondage. This is a sin of huge proportions! And the democratic party is their partner against you.

  9. RacerJim says:

    ^5 OOH RAH 5^

    My question is, and has been since 01/20/09, when is a Flag Officer (Admiral or General) going to honor the Oath of Office they took to uphold, defend and protect the U.S. Constitution from all enemies foreign and domestic and put Obama under military arrest for TREASON?

  10. Seeks_the_truth says:

    With all they have done to my beloved military, it's no wonder they have a problem recruiting.

    • Seeks the Truth…I bet the Miliatary would not claim you..your a f'in idiot too…

      • Seeks_the_truth says:

        I bet you're one of those queer boys they sent packin. (and I don't mean the way you want)

        If you're going to try to call someone else an idiot, try learning to spell first.

  11. Nefertari says:

    I will stand up for Sgt. Stein. Obama is the enemy and I hate him. He wants control of everything and everybody. I hope the Good Lord will take him out of our country. He is the biggest faker….born in Kenya and definitely not a citizen. Why are the other marines so scared of this "Popolo".? He needs to be prosecuted before the entire country gets turned into a marxist country by him.

    • I agree with Richard 100% this kid should be in Levenworth
      How Can I say thiis Nefertari…oh …you a f''in idiot…

  12. Richard says:

    When you enlist you give up the right to free speech. I did when I was in, If I had called my CO the enemy I'd have been sent to Ft. Leavenworth Kansas. If I called my current boss a name I'd be out of work. I don't understand the outrage over this. He opened his mouth and stuck his foot in, He made his bed let him sleep in it.

    • James A Albano says:

      For a Marine to speak against his Commander in Chief ..regardless of his beliefs..is against all principals of the Military…he is employed by the United States and in my eyes and many Americans would be considered mutinous…Cannot support this…And am sorry anyone else in the Military would ever think of supporting this……better think before you speak…and think long and hard…never bite the hand that feeds you….even if you did diagree with it and you are in the Miitary..you just keep your mouth shut until youare discharged…don't care of anyone else's rebuttal either…__

      • You are full of crap. And i can understand why you don't care of anyone elses rebuttal, because you are one of the gutless persons who doesn't have the balls to speak out yourself. If the dictator gets re-elected & finishes destroying this country, you will say, Gee, I wonder what went wrong !!!!

        • Richard says:

          Military Courts, backed by the U.S. Supreme Court, have consistently held that rights under the First Amendment and Freedom of Association can be lawfully restricted when applied to military personnel. Participating in an off-duty civilian demonstration, while wearing a uniform, is regularly prohibited by the military. Engaging in activities or conduct that affects "morale" or the "military mission" can be lawfully prohibited. Engaging in conduct "unbecoming an officer" or that "undermines the effectiveness of response to command" are illegal. Similarly, the military can lawfully regulate GIs access to areas under its authority, to leafleting and activities deemed contrary to "military necessity" or to "good order and discipline."

    • VirgoVince says:

      Are you all forgetting, obozo is NOT the CnC, he's a fraud imposter, non-president, which is what started this whole fiasco!! The marine was questioning obozo's authority and why he should follow his orders and I give him lots of credit for being that smart!!
      Give the guy a medal, a promotion, a vacation and a commendation!!!! He's a hero!! WE need more men to speak out against this 'domestic enemy!!!!'
      If he was black, you'd never have heard about it!!

  13. He is so right and look at all of sheep that voted this creep in? Do they even realize that so many of military lost their lives to this evil enemy???? Think about it!!! All of the sob's that voted in our enemy for this country should really be hiding their heads in SHAME!!! Those of us that believe in our country should stand up with Mr. Stein. Get the O and his Mrs out of our house and never to visit it again. Oh, yeah the rest of the family and leave this country. He is liar,thief,doesn't like us AMERICAN. So starve yourself in shame for the damage you have done to this country. Oh, that right you don't have a conscience!!! EVIL Trader!!!! S.O B.

  14. I agree with Richard here 100%…

  15. I have rarely seen so many mutionus idiost on one site before and can only pray if you were in the miliary that your benefits are revoked…what a bunch of fools you all are…you are NOT AMERICANS.. a true American knows it's ok to voice your opinion as a civilain and that is only your view out or 30000000 Americans.. True Military like Richard know you do not speak ill of your commander in Cheif..I hated Bush but for the economy but would never go against his decisions with the Military..ok you total assholes who sent those soldiers overseas…Obama…or Bush…get bent and shut the helll up…you all make me sick..and hope you are not registered because your idiot opinios are mutinious to the USA.!!!

    • It is you, who is an idiot. To be a soldier, does not mean to be a brain dead robot, like you are.
      What if your "comander and cheif" will comand you to shoot Americans, Would you follow the order?
      An idiot like you probably would. Your" comander and cheif" took an oath to DEFEND and to PROTECT the CONSTITUTION of the USA, and from the very beginning, every his single act was UNCONSTITUTIONAL, ANTI-AMERICAN. If this is not grounds for an EMPICHMENT, than I don`t know what is. But none of the scam-bags politicians in Congress, has the guts to start the procedures.

  16. Why would anybody want to serve a country like this. New leadership please. God bless america. If thats ok to say that now.

  17. Edwardkoziol says:

    You can die for this country while serving in the military but don't say anything about a marxist socialist president
    This president has never met an enemy he didn't like.He should like this country the way he admires the Russians and other enemies.

  18. Disabled Veteran says:

    Obama is a domestic enemy. Anybody who has taken an oath should take appropriate action.

  19. Sergeant Stein is 100% right. Obama is the enemy, however there are many stupid people in this country, who don't have a clue, as to what Obama, his Czars, & our wonderful members in congress are doing to this country. And for those of you who think, this is just the Democrats, think again, our wimp Republican members of congress, as well as the Democrats, know Obama is an Illegal President, & are not doing anything to stop this traitor. I wish the Sergeant well, but I am afraid that he & all of us who dare say anything negative about Obama are in for trouble, if he gets re-elected. I believe only God can help us at this point, so we had all better pray for his intervention.

  20. To late the basterds in the WH can't handle free speech FROM A American Citizen and they are going give him a less than honorable discharge…..that's the word on the news this AM.

  21. J. Roger Cox says:

    He has more insight than most the idiots in Washington; promote him for doing his job to protect our country.

  22. Thank you Mr. Stein
    Mr Stein hang in there you are perfectly right, this so called President is not our real president he is not a citizen of the U.S.. He is absolutely the worst president ever in the last 200 years. He is an imposter with 5 aliases,uses a dead man's social security, has 58 addresses,was born in Mombasa,Kenya.Citizen of Indonesia.
    I cannot believe the congress of the U.S. for even letting him be a candidate for senator. He has commited some crime because he has lost his lawyer licenses,and his wife also. Neither of them care about America,all they want to do is destroy America, and anyone that votes for him is a FOOL. A blind dog could do better as president, and wouldn't work hard to destroy America. He has stopped the Oil from Canada, the prime minister said. Obama has imbarrased him and he said he would put the line to china. Mr Stein you don't give in to those ideots, I believe you are 100% right.
    .

  23. I call on ALL Marines and All of other Military people to stand with mr. Stein if All would make the same statement and see what happens when all the Military stand together,against this Imposter of a President.
    I thank this president is a treasonist and should be Imprisoned himself and mr. Stein held as Hero.

  24. We NEED about 1.4 Million other Marines, Sailors, soldiers, Airmen, and coast caurdsmen to follow this lead! I to would NOT obey any UNLAWFUL order given by any military memeber who would be superior. I would certainly NOT fire upon troops of this nation and or civilians in the case of a war in this country. I would not follow an invading armies orders, i.e. U.N. troops etc to fire upon U.S. Citizens! IT IS every military memebers to disobey any, I MEAn, ANY unlawful order!! Semoer Fi!!!

  25. The biggest laughable joke that Obummer told was that he is a christian, yeah right, and I can take the noon train from 4th and main street tommorrow on Mars!!

  26. You`ve got to be blind, deaf, ignorant and stupid, if you don`t agree with Marine Stein.

  27. To be convinced, that obama,and everybody in the White House now are the ENEMY of FREEDOM, America, our Constitution, all you have todo is read his book "Dreams of my father", listen to his own words:
    1."We are 5 days away from FUNDAMENTALLY changing America"
    Question, that nobody asked:
    Mr. obama, America is the most prosperous, most powerful, most FREE country in human history,
    why does it has to be transformed??? And transformed to what????
    2. " We need an ARMY of CIVILIANS, as good equiped, as our millitary, or even better"
    Quetion, that nobody asked:
    Mr. obama, what do you need this ARMY of CIVILIANS for???
    Nobody ever asked obama these common sense questians.
    At least now,after more than 3 years later, Mity Romney, or anybody from Republicans SHOULD ASK these questions.

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