Gary Stein, 26, is accused of calling Obama a coward and an enemy in comments posted on his Facebook page.
After a lengthy hearing at a military base in California on Thursday, a Marine Corps review board voted 3-0 to recommend that Stein be ousted and given other-than-honorable discharge on grounds that he violated “good order and discipline”.
“I believe it was more based on personal opinion on the three members than it was based on the legalities of the case,” Stein told CNN in an interview Tuesday. “They denied four expert witnesses that were there to talk about the legalities…. They didn’t even want to hear or take written testimony from them.”
Stein’s lawyers are seeking to block his discharge in a federal court hearing set for Friday on the grounds that the Marine Corps violated his 1st Amendment rights.
The First Amendment is a part of the US constitution, which gives US citizens the right of freedom of speech and freedom of the press.
His attorney argues that Stein cannot be thrown out of the military for his words.
The American Civil Liberties Union has joined Stein’s lawsuit seeking to block his discharge.
The final decision whether to discharge Stein is up to Brigadier General Daniel Yoo, commanding officer of Marine Corps Recruit Depot in San Diego, where Stein is stationed.
AR/GHN
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