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District of Columbia

January 22, 2001
New v. Perry
U.S. soldier ordered to wear U.N. uniform and become part of U.N. force

Filed: January 16, 1996 (writ of habeas corpus), District of Columbia.

Nature of Case: A U.S. soldier, ordered to put on U.N. uniform and to become part of U.N. force, refused to do so citing the unconstitutionality of U.S. soldiers donning the uniform of and fighting for a foreign government. The soldier was court martialed.

Ruling:
11/25/97—The D.C. Circuit Court of Appeals rejected his request to hear the case in federal court, requiring New to first exhaust his military appeals.
6/13/01—The United States Court of Appeals for the Armed Forces upheld New's bad conduct discharge, ruling that the order given to New was lawful. The court held that New's evidence "did not overcome the presumption of lawfulness given to military orders and that the order related to military duty."
10/9/01—The United States Supreme Court again denied certiorari.

Status: Henry L. Hamilton, counsel for Michael New and a retired U.S. Army judge advocate general, indicated in a telephone conversation on October 30, 2001, that his office is considering habeas corpus action to try and "carve out" grounds for further appeal in federal court, but the "opportunity for direct appeal is lost."

Last Updated: October 30, 2001.