Panel has backed discharge for sergeant; his attorneys want to stop proceedings
Written by Nathan Max
April 7, 2012
A Camp Pendleton Marine who is fighting expulsion from the Corps for his criticism of President Barack Obama on Facebook returned to federal court Friday, hours after a military panel unanimously found him guilty of misconduct and recommended he be given an other-than-honorable discharge.
Attorneys for Sgt. Gary Stein, 26, of Temecula, are seeking a temporary restraining order for the second time in a week in an attempt to stop the discharge proceedings.
Stein’s social media activities have become the focus of national debate about what is and what isn’t acceptable speech for a service member. He has even gained the support of two local congressmen.
A three-member administrative panel recommended that Stein be kicked out of the Marine Corps late Thursday night after a 13-hour hearing, meaning he would be demoted to lance corporal and forfeit his military benefits. His fate now rests with Brig. Gen. Daniel Yoo, the commanding general for the San Diego Marine Corps Recruit Depot and Western Recruiting Region.
Stein is a nine-year veteran of the Marine Corps, and he has been backed by a team of civilian and military attorneys, including those from the United States Justice Foundation and American Civil Liberties Union. Two Republican congressmen, Duncan Hunter of Alpine and Darrell Issa of Vista, have voiced support for Stein, who is fighting to stay in the military and testing its longtime policy of limiting the free speech of its members.read more here
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