Former Specialist Michael G. New’s case established that lawfulness isn’t an element of the offense of violation of a lawful order, but rather is a matter to be determined by the military judge.  United States v. New, 55 M.J. 95 (C.A.A.F. 2001).

Now, former Specialist New is seeking to overturn his conviction based largely on a Presidential Decision Directive that was declassified in 2009.  The petition was filed with the Army Court of Criminal Appeals.  A news release describing the petition is available here.  The petition is available here and the brief in support is available here.

One Response to “Former Specialist Michael New files petition for writ of error coram nobis with ACCA”

  1. Charlie F says:

    No News is good news.