A friend of mine posted my blog related to the legal matters surrounding Gary Stein’s investigation and possible discharge from the United States Marine Corp. His intentions were merely to get me views, and surprisingly Mr. Stein responded. My friend knew how to hold an argument, here’s how that conversation went:
“The writer forgot one important thing” – Gary Stein [Friday, March 30th, 4:19PM]
I myself am a little intrigued why Mr. Stein never finished his response, but…he would respond later saying;
“DOD 1344.10 was already found Unconstitutional in 1997… and a permanent injunction was put on it.” – Gary Stein [Saturday, March 31st, roughly 6PM]”
My friend responded with:
“Mr. Stein, the DoDD 1344.10 for which the author cited, is the February 19th, 2008 version which by virtue of the date is not subject to your argument.
Furthermore, the injunction for which I found even remotely tied to DoDD 1344.10, is in Rigdon V. Perry, 962 F. Supp. 150 (D.D.C. 1997). This case built upon a variety of cases in the 80’s, for which a few things should be known: (1) Chaplains hold dual roles, (2) the situations are extremely narrow for which they would be considered to have “official capacity”, (3) political speech is acceptable on the behalf of a chaplain if it is during a sermon, however also strict. With that said, Rigdon v Perry had to do with the Establishment Clause, Free Speech, and The Religious Freedom Restoration Act.
There are a number of things you should know about this case that are distinctly different from your situation: (1) The catholic priest and the rabbi in Rigdon v Perry were not saying particularly offensive things about their commander-in-chief, (2) while they themselves supported H.R. 1122 The Partial Birth Abortion Ban Act, they only encouraged their congregation to contact their parishioners to contact their congressman to support the legislation, (3) this legislation has nothing to do with the president, (4) the court found that it would not hinder the obedience and morale of the troops, (5) it was a religious matter, (6) the chaplains do not fall under the roles relevant to acting under “official capacity” given the narrow scope of the matter;
The permanent injunction for which you speak about is against a Gag Order that the Pentagon placed on chaplains, not DoDD 1344.10. You should check your sources. Furthermore, DoDD 1344.10 has been around for quite a number of years and has been used in many cases pertaining to service members and has not been deemed unconstitutional as of yet.
Your case has nothing to do with religion, and is clearly a partisan political group in support of getting rid of the president. You perpetuate a theme in the Marine Corp, for which the entire United States Military is built upon, a structure of command and discipline, a part of that is following orders even the ones you don’t like.
What’s more is your naive thought processing against the NDAA, and the facade that grew out of the idea that military personnel would be able to detain American civilians. What’s interesting is that if you had read the bill, it clearly said that the language was not giving the president any new authority or power, but clearly codifying existing power which was granted by the Patriot Act, and other versions of the NDAA. Where was your political out cry against Bush? Why then would you join the Marines when these laws were already in existence, and why is Obama now the enemy?
You lack consistency, you lack discipline, and you are undermining the processes that made the military for which you serve so strong. Our military is strong because of the limitations on political activism. Our military is strong because people, unlike yourself, know how to follow orders, rules, and regulations that they may not feel obliged to follow, but do so for their country.
Your argument is invalid on face value.”
A very articulate response, and a good legal one as well. What’s more interesting is that Mr. Stein responded with: “We will see Mr Willis,” and also deleted his post pertaining to an injunction on DoDD 1344.10.
This can all be seen at: