Judge won’t block discharge of Marine critical of president

SAN DIEGO — For a second time, a federal judge Friday refused to order a halt to the Marine Corps’ process of discharging a sergeant who made comments critical of President Barack Obama on Facebook.

District Judge Marilyn Huff refused a request from civilian attorneys for Sgt. Gary Stein to issue a temporary restraining order to block the discharge process.

But she did schedule a hearing for next Friday to hear the attorneys’ assertion that the Marine Corps is violating Stein’s First Amendment rights and that the Administrative Separation Board is an unfair process that denies due process.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The board Thursday night voted 3-0 to recommend that Stein be dismissed from the Marine Corps with an other-than-honorable discharge. The recommendation will be sent to the commanding general of Marine Corps Recruit Depot San Diego.

On Wednesday, Huff had turned down a request from Stein’s civilian lawyers to order the Department of Defense and Marine Corps not to hold the board hearing.

In civilian court, Stein is represented by attorneys from the U.S. Justice Foundation, the American Civil Liberties Union, and Oathkeepers, as well as J. Mark Brewer from a firm in Houston and lawyers from a firm in Vienna, Va.

Stein’s lawyers, in seeking a restraining order in San Diego federal court, said the Administrative Separation Board hearing at Camp Pendleton was unfair because the board refused to hear several defense witnesses, including a retired Marine Corps brigadier general.

Stein’s impending discharge is “unjust and illegal,” the lawyers said.

If Brig. Gen. Daniel Yoo, commander of Marine Corps Recruit Depot San Diego, agrees with the Administrative Separation Board’s recommendation, the 26-year-old Stein could be discharged before his enlistment ends in late July. An other-than-honorable discharge would make him ineligible for veterans’ benefits.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Patrick Russell, left, Jill Russell and their son Jackson Russell of Lake Stevens enjoy Dick’s burgers on their way home from Seattle on Friday, Sept. 22, 2023 in Edmonds, Washington. The family said the announcement of the Dick’s location in Everett “is amazing” and they will be stopping by whenever it opens in 2025. (Olivia Vanni / The Herald)
Dick’s Drive-In announces details for Thursday’s grand opening in Everett

Dick’s will celebrate its second Snohomish County location with four days of festivities.

Washington’s Supreme Court slashes public defender caseload limits

The changes will take effect Jan. 1, but local governments get a decade to comply. For cash-strapped counties, it may not be enough time without more state aid.

Washington stuck mid-pack in national education ranking

The new report underscores shortfalls in reading and math proficiency. Still, the state’s top school official says data show progress recovering from the pandemic.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

x
Edmonds seeks applicants for planning board alternate

The member would attend and participate in meetings and vote when another member is absent. Applications close June 25.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.