March 27th, 2012

Oath Keepers Assisting in Legal Defense of Marine Sgt. Gary Stein, Founder of Armed Forces Tea Party


Oath Keepers is assisting in the legal defense of Marine Corps Sgt. Gary Stein, who is facing military administrative proceedings to separate him from the Marine Corps, with his commanding officer requesting that he be separated with an other than honorable conditions discharge.  This is all because Sgt. Stein dared to found the Armed Forces Tea Party Facebook page, and because, on a separate Facebook page run by someone else, in a discussion thread conversation with other Marines, Sgt. Stein strongly expressed his opposition to some of Obama’s unconstitutional policies and expressed his intent to refuse unlawful orders.

You can learn more background information about this case here.

http://oathkeepers.org/oath/2012/03/24/the-facebook-firestorm-of-sgt-stein-usmc/

We consider this attempt to kick a nine-year career Marine Sergeant out of the Marine Corps, for the “crime” of using modern social media tools to have a conversation with other Marines about serious concerns that impact his oath, and for the “offense” of daring to participate in the Tea Party movement, to be a travesty.

I (Stewart Rhodes) and Oath Keepers General Counsel David Rivers (a Marine Vietnam combat veteran), have volunteered our services as attorneys to assist Sgt. Stein pro bono and we have helped to assemble an excellent civilian legal defense team to work with and assist Sgt. Stein’s military JAG lawyer team.

Sgt. Stein was given written notification of administrative separation proceedings last Wednesday, March 21, 2012, but because all of the JAG officers were at a previously scheduled conference, he was not able to attain JAG counsel till last Friday, March 23.  With the separation hearing scheduled for this coming Saturday, March 31, 2012, that hardly provides time to prepare a defense, but unless we can secure a continuance, we will have to soldier on and be as ready as we can by this Saturday.  I am planning on being there for the hearing.

Once Sgt. Stein made it clear he wanted civilian counsel to work with his JAG attorneys, we arranged a conference call with the JAG attorneys last Friday.  I invited the well regarded constitutional attorneys William J. Olson and Herb Titus to join that call.  Olson and Titus were part of the defense team for Specialist Michael New in his historic stand against serving under U.N. command, and they are top notch lawyers. On that conference call it became readily apparent that Sgt. Stein has an excellent military JAG defense team.  They are sharp, competent, and very dedicated to defending Sgt. Stein, as part of keeping their oaths to defend the Constitution.   They are also very willing to work with civilian counsel as part of a combined legal team.  Sgt. Stein is in good hands.

Yesterday, March 26, Mr. Olson brought in Houston, Texas attorney Mark Brewer, who is a former JAG officer.   As a former JAG, Mr. Brewer will be the lead civilian defense counsel with the rest of us assisting, with our civilian legal team working closely with the Marine Corps JAG defense team.  Also on the civilian team will be attorney Gary Kreep, Executive Director of the United States Justice Foundation.

Mr. Kreep will help set up a tax deductible legal defense fund for Sgt. Stein’s legal defense.  Once that legal defense fund is established, we will email the details on how you can contribute directly to his legal defense, if you want to.

As noted above, whatever work I or Oath Keepers General Counsel David Rivers may do on this case will be pro bono (no charge) but Sgt. Stein will have to pay for Mr. Brewer’s services (at a reduced rate) and likewise may have to pay for other civilian counsel and of-counsel attorneys on this case, as well as court costs and travel expenses, so he will certainly need donations to help him cover those fees and costs.  So, once Sgt. Stein and Mr. Kreep have the tax deductible legal defense fund established, I would encourage you all to donate to it if you can.   Just to be clear, that fund will not be run by Oath Keepers, so if you want to donate to Sgt. Stein’s legal defense in particular, please wait until he establishes his own defense fund.   Our legal defense fund for Oath Keepers will remain separate.

I will send another update soon, and we will be posting additional articles and documents on the Oath Keepers website, along with our own original research and writing, over the coming days and weeks.   I do encourage you to spread the word about this case, and to put public pressure on the Marine Corps to do the right thing by retaining this fine young Marine.   Especially useful would be letters of support from leaders of veterans’ organizations, as well as from individuals.  We will post an example letter for your use, in case you want to send one in, and we will email that example to our list, once it is finished.

You can count on Oath Keepers to do all we can to help Sgt. Stein in his stand for the Constitution.  Doing so is part of keeping our own oaths.  This case is about the rights of free speech, assembly, and association, the right to comment on candidates for office and current issues, about the citizen’s duty of civic involvement, and about the duty of service members to defend the Constitution by refusing unlawful orders that violate the Constitution (which is the reason Oath Keepers exists).  This is not about partisan politics or any one candidate.  The ACLU, to their credit, stood up for Sgt. Stein in the past and is likely to do so now as well.  We certainly hope they do, because this is not a partisan issue.  This is about being Americans and defending our Constitution, and especially the First Amendment, for all Americans, in the military and outside the military, regardless of their political orientation.   It’s not about the left or right, but about our Bill of Rights.

Let’s take a firm stand in defense of this young Marine.

For the Republic,

Stewart Rhodes

Founder and President of Oath Keepers

Army Airborne veteran

Yale Law Graduate, 04




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27 Responses to “Oath Keepers Assisting in Legal Defense of Marine Sgt. Gary Stein, Founder of Armed Forces Tea Party”

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  1. 1
    castnet55 Says:

    I’m glad to hear this and will say prayers for the young sgt.
    Semper FI Marine

  2. 2
    Sokedai Says:

    Seems to me that if he is not commanded to do something unconstitutional then the brass should not have any heart burn about his facebook page, but then if they do intend to violate the Constitution then they would. But then, who would be in the wrong there, but the officers themselves. A patriot would and should have no problem with keeping with our Constitution or those who vow to keep their oath to it.

  3. 3
    tim Says:

    As much as I would like to defend Sgt.Stein, In this age of online social media, anything posted can be viewed by almost anyone. and his post were. I remember my oaths of enlistment, I also remember giving up certain constitutionally protected rights upon my two enlistments. Both in uniform, and out of uniform. It was always carry out any orders given, and ask questions later. Also, I would have not followed anything that even remotely seemed unconstitutional. But I never said it out loud, or in the company of people I didn’t trust. That is a key part of the chain of command that is so important. With out it, the whole team fails. As for Sgt. Stein, somewhere along the way he forgot that in his role as a leader of elite men, he was above all else, to protect and defend the Constitution of these United States, and defend our right to democracy, but NOT practice it. I shall watch how this plays out with great interest. Unfortunatley, the overly liberal media will likely keep the whole story from the light of day, and we may never know all the facts.
    I hold All Marines in high regard, including Sgt. Stein. But, I think he is probably going to have to take his licks when they come, and carry one.

    Tim Farmer
    Oathkeeper and true patriot

  4. 4
    Mr.Brent Christopher Says:

    As a paralegal in current study, Free Speech in expressing one’s views shall not be restained by any one body or group. Sgt.Gary Stein expressed his views on a concise,popular view shared by many of those whom serve within the Armed forces. All armed forces are bound by military code which does not prohibit free speech unless it is a matter of National Secuity. Now,. if our current president has directives”UN mandated plan for a World Government” that is not known to the”general” American public and one that is of a non-benevolent nature against the Citizens of these United States(NDAA) that requires The Armed forces to follow through the “unlawful” order which he(gary) defines in his right state of body and of sound mind as being unlawful.
    Gary is smart in retaining civilian Attornies and combining Jag in defining which part of the code or where in the code which restains against using facebook to freespeach as this is a Constitutional issue and if The Marine Corp prevails in their vague,unclear guidelines this will of course set precident in any future proceedings.
    I believe that any orders handed to the President by United Nations which mandates using the United States Armed forces along with any of the other Foriegn National forces to be used in any way against the American people shall be considered and an act of treason and shall be placed under immediate arrest whether by the current or any future president. All top Commanding Generals in charge of their respective service branch shall take SGT.Gary Steins comments well into mind that any orders by the Foreign group of governing bodies(U.N)shall be act of War. Under Oath the Armed Forces must then protect the people of the United States against foriegn aggression on American soil.
    This Case is unique,. if it is approached correctly the attornies for the defence will have the oppurtunity to have disclosed to them why it is, or what order or groups of orders in particular the Marine Corp or any of the Armed forces would not consider to be an “Unlawful” order. If the answer that comes back saying “its a matter of National Security”,.Then We as a Nation have a real problem on our hands and time should not be wasted to sit on our laurels to allow the current Homeland Secuity in becoming stronger. When President Bush announced the initiative in establishing Homeland Secuity. He used the same exact wording Adolf Hitler made prior to the Holacoust… No one Dare call for revolution?
    The Refusal of King George III to allow the Colonies to operate an Honest money system which freed the ordinary man from the clutches of the money manipulators was the Prime Cause of the American Revolution.
    Ben Franklin
    Founding Father

    Sirs: When will it be recognised that we now face another prime cause..we are under attack by those heads of nations in the United Nations and World Secuity Council that whom over a period of time have overshadowed the slow errosion of the Constitution and the Bill of Rights. Hilary Clinton will make an anouncement mandate to the president after her upcoming meeting at the U.N that the World Secuity Council has manadated the people of the United States Shall immediately be disarmed.

  5. 5
    STRed Says:

    Oorah! This Marine has one hell of a fight ahead of him. I’ve taken on the beast myself, with much less support, and still have the OTH to prove it. I hope all this pressure and all the prayers result in a better outcome for Sgt. Stien. I am with this Marine in spirit. If I had the means I would do more. Fight the good fight, and never let them win.

  6. 6
    Buck Says:

    We need to find a way for ALL active duty service men and women to learn about and given the opportunity to join ” OATHKEEPERS ” . Also , remind them that the oath is to the constitution , not the commander-in-chief . Also , during the Nuremburgh trials it was brought out that NO troops were required to obey orders they instinctively knew were wrong , like sending people to gas chambers and rape & murder of civilians .

  7. 7
    Roberta Baxter Says:

    I found the young Sgt. on Facebook and left an encouraging statement. I will remain in prayer
    that the best will surround Gary Stein and the attorneys that sit with him too.

  8. 8
    John Says:

    Tim, too bad that our CIC (in his official capacity) doesn’t have to apply the same standards to his own mouth or conduct. (i.e.- Medvedev) Huh? I’ll stand by this young man too!

    You are right, Brent. This could set a precedent defining the future ability of all soldiers to honor their oaths.

  9. 9
    AETHERMAN Says:

    .
    *** “HEY OBAMA, READ MY LIPS” ***

    Hey Obama you “Traitorous Prick”,
    You’re really making American’s sick,
    Not just sick in their body and mind,
    But by demonic and ruthless laws you signed!

    An HONEST President for the “Land Of The Free”,
    Would never lie or willfully deceive,
    But since you won a covert election race,
    You have “GUILTY” written all over your face!

    You signed the NDAA on New Years Eve.
    Your buddies planned it’s time to deceive,
    You cared not breaking your Sacred Oaths,
    Or turning innocent people into ghosts!

    Waking people hate your puppet crap,
    And want you arrested to pay the rap,
    Your buddies orchestrating the criminal orders,
    Should be burned in a pit shoulder to shoulder!

    So where is our Miltary in all of this mess?
    We need them to stop a “Hellish Abyss”!,
    Failure to act means more death and tyrannys,
    And saying bye-bye to America’s Civil Liberties!

    D.A.W.B.
    Poem 6, Ver 1
    Mar 4, 2012

    ****** “AMERICA IS UNDER ATTACK!” ******

    United States of America is under attack you know,
    By corrupt Globalists who are running the “SHOW”,
    They want to own the world and control your life,
    And care not about you suffering a lot of strife.

    Who are those demonic moron Globalists you ask?,
    They’re the Banksters, Politicians and Presidents,
    They own the Corporations and RIG the Media you know.
    To control what you see, hear and how your children grow.

    They are planning for a “New World Order” Domination,
    That includes criminal ways for mass De-population,
    Like staging false flag attacks to pay their war machines,
    Like poisoning air, food, water and by deadly Vaccines.

    Ask Obama why he doesn’t stop the tyranny,
    Why on New Years Eve he signed the NDAA,
    Why he cares not to help the hurting people,
    ‘Cause he’s a “PUPPET” and the people are sheeple!

    The Bill of Rights are being trashed by engineered tyrannys,
    Americans must unify to get back their Civil Liberties,
    The Military pledged to protect “The Land of the Free”,
    And to fight invasion by a Foreign or “DOMESTIC ENEMY”!

    Our Military should arrest the President and Politicians,
    For breaking their Oaths to uphold the Constitution,
    Failure to do so will guarantee an end to Democracy,
    With No Rights or Free Will, like death is permanently.

    So wake up America and break out of your trance,
    And get serious against the present circumstance,
    Go hound your State Senators and the President,
    So Restoration of the Constitution has a good chance!

    D.A.W.B.
    Poem 5, Ver 7
    March 3, 2012

    *** “VOTE DR. RON PAUL TO RESTORE THE CONSTITUTION” ***

    American people question and wonder,
    Why America lost it’s “Financial Thunder”,
    Why jobless lines are reaching the sky,
    Why Corporations legally cheat and lie.

    People are suffering and people are dying,
    The medical system cares not of your crying,
    With the cost of living and taxes so high,
    It makes you think and it makes you sigh.

    Those behind the corruption and the crap,
    Need to be arrested and given the strap!,
    Problems need correction sooner than later,
    Or be doomed to serve a “Fascist Dictator”.

    Blame Banksters, Politicians and Corporations,
    For planning a “New World Order” Domination,
    They plan to make the stock markets crash,
    For they are “EVIL DOERS” with “MEGA CASH”.

    They will break your “Will” to make you ill,
    And care not for Liberty or “Free Will”,
    They create tyranny by signing new laws,
    Like beastly animals with “Killer Claws”.

    They want to control you and own your land,
    They plan to put a “Implant” in your hand,
    You won’t be able to buy, sell or trade,
    Without the “Mark of the Beast” to prove you paid.

    They treat your water with Industrial Waste Fluoride,
    To make you have cancer, disease and be a schizoid,
    Monsanto genetically modified Nature’s perfect seeds,
    To “Depopulate” the world with “Slow Kill” food and feeds.

    People can’t afford Quality American Products,
    Do to high taxes imposed by it’s fascist government,
    So Corporations pay offshore to build them to “spec”,
    Which closes our factories and creates unemployment.

    Those Demons are trashing America’s Constitution,
    Forcing tyrannical laws and hurting “Our Great Nation”,
    Like “Indefinite Detainment” signed on New Years Eve,
    Verified broken Oaths and “Sheeple” are naive.

    Ron Paul for President would be the “First Choice”,
    To restore the Constitution and lower your voice,
    And to make the economy work smooth and sensibly,
    Would provide peace, happiness and no more tyranny.

    Government must turn their “EVIL SHIP” around and do a 180,
    Otherwise they’re heading for a hot place known as HADES,
    You too can make a change by getting off your chair,
    And Voting for Ron Paul to show you really care!

    D.A.W.B.
    Poem 3, Ver 3
    Jan 23, 2012
    .
    * THE ELEVENTH DAY OF SEPTEMBER *

    Americans will always remember,
    The eleventh day of September,
    When devils ordered airliners,
    To fly into the twin towers.

    Gold and Silver was the reason,
    The Banksters did the treason,
    They cared not who they killed,
    As long as Satan’s deed was fulfilled.

    God says vengeance is mine my son,
    Day of judgment will surely come,
    Especially to those killing innocent ones,
    On September Eleven, Two Thousand and One.

    D.A.W.B.
    Poem 4, Version 5
    Sept. 2011

  10. 10
    Robert Hauser Says:

    One could probably draw a number of parallels here to the case of Bradley Manning. As we speak, the army can now proudly boast the single highest suicide rate in its entire history since the Founding—-it takes no rocket science to see that by far the largest reason for this is that the armed forces of this country have long since ceased to be the instrument of bona fide national defense but instead the Walmart throwaway tools of the stink rich and their political talking heads—–Henry Kissinger, the fugitive jew from Germany who came here in 1938 and to whom this country was suicidally stupid enough to grant asylum and citizenship has been quoted as quipping something to the effect that all members of the armed services should be regarded as like dull-minded animals that should be used or manipulated or sacrificed in whatever way necessary to achieve political objectives. I can see that America’s bleedership has in fact taken what old droop jowls said quite seriously and when the full ugliness of Kissinger and his ilk and what they have turned this country into dawns on truly idealistic young men when once they are trapped in uniform, I can see it becoming too much to deal with.

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