Tea Party Marine Suing Commanders

Update: Feedback from Sgt. Gary Stein was added at 10:33 a.m. Tuesday.

Sgt. Gary Stein — the embattled Temecula Marine facing a military discharge for anti-Obama remarks on Facebook — is suing members of his chain of command for violation of his first amendment and due process rights, he told posted on Facebook and confirmed with Patch Monday.

Stein is founder of the Armed Forces Tea Party page on Facebook and is facing a military discharge for writing that he would not follow illegal orders from President Obama. He is not concerned with any specific order he told Patch Monday.

“There are a lot of hypothetical scenarios, but there have not been any orders that I deem to be unlawful,” he said.

An Administrative Separation board will hold a hearing on base Thursday to decide whether or not to discharge him.

According to the Marine Corps Social Media Principles, Marines must adhere to the military justice system. The Department of Defense has , but rules for political speech on social media sites aren’t clear, Stein said.

“I think it’s very gray,” he said.

Last week, citizens and members of various Tea Party groups 's Main gate. 

Steins attorneys have asked officials to clarify military rules on free speech, the North County Times reports.

On the web: Read an analysis of Stein's case by Patch reader Oliver Queen.

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