Anti-Obama Marine in Court Today

Attorneys for a Camp Pendleton-based Marine sergeant facing discharge on "other than honorable" conditions for his "Armed Forces Tea Party" Facebook page and criticism of the president were scheduled to appear in court today to seek an injunction and a restraining order.

Sgt. Gary Stein, 26, of Temecula, sued in federal court Tuesday to stop military separation proceedings, arguing his right to free speech had been violated.

Last month Stein 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.

The complaint named Stein's commanding officer, the Secretary of the Navy and the commanding general of the Marine Corps Recruit Depot, where Stein worked as a weather forecaster.

Stein attracted national media attention after he started the Armed Forces Tea Party page in 2010; it now has more than 26,000 followers, according to U-T San Diego.

In the complaint, 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 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.

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," U-T San Diego reported. Rep. Darrell Issa, R-Vista, also expressed support for Stein.

Stein, a nine-year veteran, said he would not follow unlawful orders from President Barrack Obama, such as killing Americans or taking guns away from Americans. The comments, made during an online discussion about U.S. Armed Forces members in Afghanistan who incinerated Korans, prompted a complaint to the Corps from another Marine, U-T San Diego reported.

The comments have since been deleted. Stein told U-T San Diego he expressed his belief that detaining or disarming American citizens over the incident would infringe on their constitutional rights, and constitute illegal orders.

A panel will meet at Camp Pendleton Thursday to decide Stein's future in the Marine Corps.

— City News Service