From the April 2006 Idaho Observer:

Michael New awaits decision

Regardless of outcome in U.S. Court of Appeals, it appears case is bound for Supreme Court


In 1995, former Army Specialist Michael New refused to violate his oath to support and defend his country as a U.S. soldier by following orders to serve as a UN "peacekeeper." New is the only American soldier ever court-martialed for the crime of wanting to serve his own country exclusively.

New has been challenging his dishonorable discharge in court for nearly a decade and was in the U.S. Court of Appeals on February 16. Lead attorney, Dr. Herbert W. Titus, made an outstanding presentation of the case, which boils down to one point (for this court):

a. This case is not about whether or not a soldier obeyed a direct order; rather —

b. This case is about whether the government can demand that soldiers obey illegal orders with impunity!

That is the entire issue before the Court of Appeals. Not whether he obeyed the order, but the Constitutional question of whether the government can demand obedience of orders which are patently illegal and/or unlawful. The Army has consistently stood on the position that the chain of command is inviolate, even with a general from another country and another power in that chain of command. Michael New has consistently stood on the position that the president of the United States took an oath virtually identical to the one he took as a military recruit, and that all orders repugnant to the Constitution are null and void.

The U.S. Court of Appeals will take its time making this decision. Whoever wins this round, the loser will appeal to the U.S. Supreme Court. What do you think are the chances the Supremes will entertain our appeal? What do you think are the chances they will hear the government’s appeal? That’s why we need to win this round.

The 43-page transcript of the February 16 hearing are available upon request for a donation of $15 (or more) per copy, postage paid.

A presentation made by Dr. Titus at the Institute on the Constitution on February 4, 2006, is available on CD. He explains the case in clear terms, without interruptions from the judges! You will better understand the grand implications of Michael New’s case after you listen to this CD. A donation of $15 or more will bring it to your door.

For those who know young men and women contemplating a military career:

While most of our readers are familiar with Michael New’s stand, many people under 25 years old do not because they would have been 15 or younger when New was court-martialed. Therefore, you may like to encourage them to visit the website at and it would be very helpful to them and to us if you would give them a copy of the book, MICHAEL NEW — Mercenary... or American Soldier? Still available for only $5. Project manager Daniel New: PO Box 100, Iredell, TX 76649; (254) 796-2173

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