Officers Recommend Discharge for Tea Party Marine

A Camp Pendleton-based Marine sergeant who posted comments critical of President Barack Obama on a Facebook page should be discharged from the service, a Marine Corps captain told three-member Administrative Separation Board today.

Last month, Sgt. Gary Stein, 26, was put on notice of a possible violation of the Uniform Code of Justice after he said on Facebook that he would not follow certain orders from the president.

He later clarified the comments, saying he would not follow any unlawful orders from the commander-in-chief.

Capt. John Torresala told the panel today that Stein posted a comment on the Facebook page that called Obama the "domestic enemy" and another that said "as an active Marine, I say screw Obama," the North County Times reported.

Torresala told the panel that Stein disregarded warnings that his anti- administration postings violated Pentagon policy involving the military, according to published reports.

The hearing was expected to last late into the evening and possibly into Friday.

When it is over, the panel will recommend to a general whether Stein should be discharged from the Marine Corps and under what conditions.

Stein, a nine-year veteran from Temecula, attracted national media attention after he started the Armed Forces Tea Party Facebook page in 2010.

In a lawsuit filed in federal court in San Diego, Stein alleged that during the 17-month period from November 2010 through March 1, neither his commanding officer nor any other officer tried to restrict his Facebook activities. Nor, he says, was he told his Facebook activities prejudiced good order and discipline.

The complaint stated that on March 21, Stein was notified by his commanding officer that he was recommended for discharge because of alleged misconduct, including statements made against the president.

The lawsuit claims Stein's free speech rights were violated.

Stein drew support from at least two conservative local congressmen. Rep. Duncan Hunter, R-Alpine, wrote a letter to Stein's commanding officer stating the sergeant should not face separation for an opinion shared by "a majority of Marines. Rep. Darrell Issa, R-Vista, also expressed support for Stein.

—City News Service