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Michael New (view source)

Revision as of 15:32, December 28, 2006

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Michael G. New was an American soldier who objected to wearing [[United Nations]] insignia as part of his military uniform during a deployment in 1995 to the Republic of [[Macedonia]] as part of the [[United Nations Preventive Deployment Force]]. Michael New objected to changing his allegiance from the United States to the United Nations ("U.N.").

The new uniform included a blue U.N. cap and a U.N. patch sewn on one shoulder and a blue U.N. cap, in addition to an ordinary United States army outfit. New reported for his formation without these U.N. uniform features, and he was removed by his superiors and eventually court-martialed for disobedience under 10 U.S.C. § 892(2) (any person who, "having knowledge of any ... lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order ... shall be punished as a court-martial may direct"). New argued in his defense that the order was unlawful and unconstitutional. Specifically, U.S. Constitution Article I, Section 9 prohibits any person's acceptance of any emolument from a foreign state without congressional consent. New also argued that the entire deployment as part of a United Nations force was unlawful.

The military judge and American courts all rejected New's arguments and held that the legality of the deployment was a nonjusticiable political question. New received a bad-conduct discharge.
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