Today I downloaded and read through the transcripts of the recent U.S. v Stein case at Camp Pendleton last week. You can read and download the courtroom transcript at:
For a short summary: Stein’s (Sgt., USMC) big “crime’ was that he wrote on the Armed Forces Tea Party Facebook wall “that he would not obey unlawful orders from President Obama.”
I was particularly interested in this case because of Gary Kreep’s Esq. involvement in this case. Gary was my attorney back in 2008 and won a case for me when I was the State Party Chairman of the American Independent Party.
The thing that jumped out at me while reviewing the military court transcript was that the court proceedings violated Sgt. Stein’s Constitutional rights. I direct the reader’s attention to the California Constitution. One of the “inalienable rights” bestowed upon all human beings is the right of an impartial jury trial. This military court hearing was hardly impartial:
“…shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
A basic inalienable right that was denied to Sgt. Stein was his right “…to be confronted with the witnesses against him…” In the instance of this hearing of Sgt. Stein, the witnesses against him was brought in via telephone. This does not meet the mandate of “be confronted” that the California Constitution demands.
The INALIENABLE RIGHTS of the Constitution of the Commonwealth of Pennsylvania goes even further and demands FACE TO FACE confrontation! See how Pennsylvanians demand that their God-given rights be observed:
Inalienable Rights of Accused in Criminal Prosecutions - Section 9.
“In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face…”
However, the Military Court allowed "the witnesses" to call in by telephone, and testify in violation of the Bill of Rights.
I content that any INALIENABLE RIGHT in Pennsylvania is an INALIENABLE RIGHT in California. The rights of the Creator do not end at the Pennsylvania border.
The Military brass complained in the court transcript that Sgt. Stein violated the Code of Military Justice by writing unwelcomed words against the Commander in Chief, Mr. Barry Soetoro. I guess the Military Court was unaware that the California Constitution guarantees all men the following UNALIENABLE RIGHT:
SECTION 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.
Please note that this Constitution “right” does not specify “Every person … EXCEPT SGT STEIN!”
I urge the Military Court to cease violating the California Constitution and start honoring their military oath to uphold both the Federal and State Constitution.
Edward C. Noonan