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Raised in the house, but field certified.

What I have been up to lately…

Working on my wife’s blog. A pretty hectic docket at this glorious law firm. Reading W.E.B. Dubois. Taking the blows, as they come, smiling in my anticipation of returning the punch.

May 19th, 2009 Posted by Web | From The Desk of Webster Smith | 12 comments

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  1. Webster,

    Nice blog and website.

    One thing you need to understand is that you are NOT in the proper venue or jurisdiction to begin with.

    At the Academy, and although your academy is not a Federal Military Service Academy - but a Federal Maritime P-O-L-I-C-E Academy - we can call it a Military Academy for now since that is what ou have been told and taught. It is not.

    The Coast Guard comes under Title 14 and not Title 10.

    Title 10 is for the PENTAGON and DOD in its entirety.

    Title 10 [or any portion thereof] cannot be MOVED out of the Department of Defense or Pentagon as because it is the Department of Defense and Pentagon. Title 10 as that very small portion of that ENABLING STATUTE for the DoD cannot be moved out of the DoD either and into DHS.

    The UCMJ was written for people ON TITLE 10 ORDERS to the Department of Defense and not for the Coast Guard.

    Beyond that - and more - let’s say for a moment that the Coast Guard is a “SPECIAL” BRANCH OF MILITARY operating outsode of the Department of Defense - even though that is impossible. Coast Guard or any other “CADETS” or “MIDSHIPMAN are not on Title 10 Orders - except for those Cadets from Kings Point who actually served in WW II - one reason why KP is the only Academy allowed to carry a BATTLE STANDARD - more about that another time though.

    CADETS and MIDSHIPMEN [male or female] do not come under the UCMJ - ever - as they come under the HONOR CODE while at the Academy and are only OFFICERS IN TRAINING. They are not enlisted, they are not officers and do not come under either code of conduct as encapsulated in the UCMJ.

    War or peace.

    Until a CADET or MIDSHIPMAN graduates and is commissioned, or is drummed out and returns to normal civilian life, or is required after beginning the 3rd year to fullfil 2 years of active duty service for pay back - until they are ON ORDERS they are not under the UCMJ.

    First time in 139 year history that a CADET has ever been prosecuted under the UCMJ and MILITARY LAW.

    We are NOT at war. There has only been a authorization to use FORCE - not an open DECLARATION OF WAR by Congress.

    The “WAR ON TERRORISM” is like the “WAR ON DRUGS” it is the Executive Branch declaring war on something - just so as to have a war and sell weapons and place civilians and others like yourself under MILITARY JURISDICTION.

    Go and read the U.S. Supreme Court case law of Reid vs. Covert from 1957 where the Supreme Court overturned itself from the previous hearing on the matter in 1956.

    The Supremes at the time went all the way back to the MAGNA CARTA and laid out why the MILITARY shall not be involved in or have JURISDICTION over civilian affairs.

    At the Academy whether it is a “MILITARY ACADEMY” or not, you are more CIVILIAN than you are “MILITARY” unless in an emergency you are placed on Title 10 orders and moved into the Department of Defense and under the Navy on active duty.

    Regardless of your status, or that of the Academy in Reid vs. Covert the Supremes laid out the simple fact that we would not have “MILITARY TRIBUNALS” in any jurisdiction where our FEDERAL COURTS are operating within.

    It also made clear that we are not to have a COMPETING system of EXECUTIVE BRANCH COURTS, or MILITARY TRIBUNALS and that we are to have an INDEPENDENT judiciary.

    You are being used to CREATE jurisdiction where there is none - and place all CADETS under MILITARY COURTS - and even ROTC and other STUDENTS who are not in the military under military jurisdiction and authority.

    Keep fighting - but please become better versed on what is going on, case precedence, consideration of who your counsel is and what they are telling you [or not] and realize as I am sure you already do - that this is not just about you - but much, much bigger issues.

    I would lay ot for you why the Coast Guard Academy is not even a valid Military Service Academy and is instead a Federal Service Academy - but a Maritime POLICE Service Academy - but it would attract all of the trolls.

    The Coast Guard has never resided in DoD.

    So how can it come under DoD [Title 10] while not in DoD?

    Why have Title 14 if you have Title 10?

    What about Posse Comitatus?

    Ex PArte Milligan?

    The UCMJ itself that bars actions against civilians [you].

    Reid v. Covert. 1957

    The APA that was created for the Caost Guard.

    Or Title 10 and the UCMJ that was created to house DoD?

    Are we really “AT WAR” legally?

    The authorization to use FORCE?

    The COAST GUARD comes directly under the PRESIDENT now from within DHS under the new structure.

    I would APPEAL directly to BARACK OBAMA on the issues of “STUDENTS” coming under MILITARY LAW?

    The status of the COAST GUARD?

    Military or Civilian Service?

    Application of the UCMJ itself proper?

    Do not “assume” anything - question everything.

    Anytime you would like to come on my RADIO PROGRAM and discuss this more at length - please call in 800-313-9443.

    Republic Broadcasting Network

    www.republicbroadcasting.org

    Saturdays from 7 - 9 pm PST.

    Keep fighting like the DICKENS - but also begin to learn who your enemy is and what they are really up to in all of this. This happened at the same time the nooses happened, CG personnel were threatened in this regard, rampant racism was being openly encouraged, faculty killing themselves on campus, and a great deal more.

    You were targeted and it was RACIST.

    The people involved in thia do not understand the higher principles and that we are our brothers keeper’s and that anything that we do to the least of us - we do to ourselves.

    FEDERAL DISTRICT COURT.

    You have been robbed of a 200 - 300,000 education and more.

    You were not “appointed” like I and others were to Kings Point or West Point you competed for and WON that spot.

    Good luck - exercise your First Ammendment rights and start talking openly about it and do not let them GAG you by saying that you have a “pending case.”

    PEACE.

    Lt. Eric N. Shine
    Kings Point 1991 - USMMA
    USNR - USMMRR

    Comment by Lt. Eric Shine | August 7, 2009

  2. Shine, you are neither a Naval Officer or affiliated in any way, shape, matter or form with the Merchant Marine Reserve/USNR program.

    Quit using military titles you are not entitled to be using. When you continually try and deceive the public as being something you are not, all it shows the rest of us who are is that you are a fraud and a liar.

    Comment by Surface Force | October 24, 2009

  3. I swear, I am so confused by this whole back and forth. I know that no one retires as an LT and that 17 years is a long time to hold that rank. Someone please let me know why he uses the title to further his agenda? Did he ever hold the title? Did he ever have valid military credentials? What is his radio show about?

    Anyone’s answer would suffice…

    Please post to comments.

    Comment by Web Smith | October 27, 2009

  4. Webster,

    I am a 1991 graduate of Kings Point, the United States Merchant Marine Academy from which I graduated as a Naval Officer serving on “Special Duty” in the U.S. Merchant Marine and maritime industry.

    Kings Point is handled by “NAVAL SCIENCES” and they train us as part of our education to graduate as Commissioned Naval Officers, with Professional Engineering Licenses that are P-R-O-C-T-O-R-E-D by the Coast Guard personnel.

    I get a Defense Investigative Servics background check to get into the Academy.

    My father and brother both attended WEST POINT, my uncle went to Annaplois.

    Do you not find it “odd” that this “SURFACE FORCE” individual who does not give a name, but I do, knows more about me then ?????

    Go to www.crossingtherubicon.org website and you can READ in the TRANSCRIPTS themselves what was going on in the “PROCEEDINGS” brought against me. The October 23, 2007 TRANSCRITPS, the first 20 pages, and the May 20th, 2008 TRANSCRIPTS, about the first 20 pages gets to the heart of the matters. The Coast Guard is saying that I am a “CIVILIAN” much like UBER FORCE [oh sorry SURFACE FORCE], and the Coast Guard is saying that it is a “SPECIAL BRANCH OF MILITARY” that can PROSCUTE “c-i-v-i-l-i-a-n-s.?”

    An anonymous “poser” [sorry - poster - sorry - imposter] is telling you all “about” me somehow? Isn’t that odd? All of the back and forth is so YOU WILL NOT focus on the information at hand.

    NO CADETS… OR MISHIPMAN from any of the 4 MILITARY FEDERAL SERVICE ACADEMIES like West Point, Annapolis, Air Forc Academy or Kings Point are EVER on Title 10 Executive Orders and under Military Law [Martial Law] at any point in time at the Academy unless they are sent, consent to and sign on to Title 10 Executive ORders.

    ltshine@socal.rr.com is my email….

    A brief “discussion” of what is going on, the places for you to GO READ things for yourself and to study this like your own LIFE depended on it, and that the course of history for a very long time also DEPENDED upon it is necessary as powerful forces would love to see ALL students under CONTROL OF THE MILITARY/ TITLE 10/ UCMJ if they can pull this off and convert our country entirely.

    Many of the things I mentioned like REID VS. COVERT, 1957 speaks for itself and speaks volumes….

    The TRANSCRIPTS from my own proceedings are ON-LINE at the www.crossingtherubicon.org website and you can read those portsion for yourself….

    Ask yourself why would so many people be interested in and carry out PERSONAL ATTACKS upon me, when they do not know me, are lying about my service [was actually up for PROMOTION to Lieutenant Commander when the Coast Guard filed charges against me in 2003 - and have held me in these proceedings from then until now]. Admiral Allen, an Admiral in a Branch of Military that I have never served in is SITTING ON MY APPEAL - even though the “Coast Guard” is saying that I am a “civilian” - not a NAVAL OFFICER, and I as a civilian had to APPEAL to the head of a SPECAIL BRANCH OF MILITARY that comes under MILITARY LAW - but is not in the Department of Defense?

    And they are saying I’m crazy?

    Right.

    I think you KNOW from your own personal experiences that something stinks in DENAMRK - so to speak…..

    Seek the truth wherever it may lead you - and the truth shall set you free……

    Ask yourself?

    Why are Coast Guard “Cadets” called “cadets” and not “MIDSHIPMAN” like Annapolis or Kings Point?

    Because the Coast Guard Academy is a police academy.

    Revenue Cutter Marine?

    Treasury Agents.

    How do you get a “BRANCH OF MILITARY” from Revenue Cutter Marine, Lifesaving, Lighthouses, Ice - Breaking, etc.?

    In “HOMELAND SECURITY”?

    How can you have a BRANCH OF MILITARY coming under Title 10 that is not in and under Title 10 as in the PENTAGON and Departmetn of Defense?

    Why is the Coast Guard transferred into the Navy in times of WAR if it is its own SPECAIL BRANCH OF MILITARY?

    Why is the Coast Guard transferred under Title 10 and the DOD in times of war if it is already under Title 10?

    Why are Coast Guard Academy cadets not required to get CONGRESSIONAL APPOINTMENTS like Annapolis, WEst Point, Air Force Academy and Kings Point?

    Because it is not a FEDERAL MILITARY SERVICE ACADEMY,

    It is a P-O-L-I-C-E Academy.

    Coast Guard Academy was not governed by POSSE COMITATUS because it was not in the DOD and under Title 10, or the UCMJ because it is a FEDERAL MARITIME POLICE AGENCY….

    They have “flipped” a switch and turned the Coast Guard into a Specail Branch of Military from a CIVIL SERVIE FEDERAL MARITIME POLICE FORCE…. and “voluntarily” placed all Coast Guardsmen [and women] as in Coasties under MILITARY LAW to take away “civil rights” like they have done with you in placing you under MARTIAL LAW…..

    You need to trust some people - and let the INFORMATION speak for itself - I know it may throw everything you know in question to a degree - but NO CADET or MIDSHIPMAN is supposed to be taken under MILITARY LAW unless you were on a battle filed in the heat of battle and had broken ARTICLES OF WAR - UCMJ - Codes of Conduct and were caught raping and pillaging CIVILIANS - then you might receive a summary court martial….. and be shot on sight… or hung..

    You were not at war… or part of it….

    You were NOT on Title 10 Executive Orders…

    You did not violate some Article of War….

    You were not under the UCMJ as you were not a Commissioned Officer in the DOD let alone the Coast Guard, or an enlisted person in the Coast Guard or DOD….

    The “SUPERINTENDENT” decided to place you under Title 10 and the UCMJ adn have you PROSECUTED under MARTIAL LAW….

    Go read Reid vs. Covert….. 1957 the entire opinion and the words there will speak for themselves…

    You don’t believe me or trust me…. go READ for yourself…

    If you FAIL to use your head - a lot more people - students - will suffer for your failure to see and understand COMMON SENSE logic about what is really going on.

    Don’t let these guys use you as their TOOL….

    Comment by Lt. Eric Shine, USNR - USMMRR | November 12, 2009

  5. sorry for the typos… dead tired … on the run and that “bouncing ball” [tv series the fugitive] is right behind me…. [joking of course]….

    Comment by Lt. Eric Shine, USNR - USMMRR | November 12, 2009

  6. Mr. Shine,

    My trial lawyer fought in the Vietnamese War and received honors for it. I have friends in Bahrain. A teammate of mine just died trying to save another person.

    The Coast Guard has fought every major war in the 20th Century and I take offense to the argument that the Academy is merely a police academy.

    I am at odds with the Coast Guard, until this is all settled, but it is beneath me to transpose my opinions of a person or two upon the entire service. It is a good service. A necessary one. It is a maritime, humane and military service and that is why the Officer\’s that matriculate through the Academy are prepared to handle themselves appropriately, in the face of any challenge.

    Although everyone isn\’t necessarily held to the same level of UCMJ accountability, in the Coast Guard, we were still aware that the UCMJ was our governing body of law.

    Just my thoughts,

    Webster

    Comment by Webster | November 12, 2009

  7. Webster,

    With all due respect - “…pride cometh before the fall….”

    Title 14 is not Title 10.

    The UCMJ is ONLY for all those under Title 10 Executive Orders under the DoD and Pentagon. You were not!

    When you are in the “Coast Guard” you are under Title 14, not Title 10. You are trained on Title 10 while under Title 14 in the event that you are placed, or requested to volunteer to be moved into the U.S. Navy and DoD on or under Title 19 Executive Orders as a detachment to DoD.

    Title 14 is for a FEDERAL MARITIME POLICE FORCE.

    When under Title 10 the Coast Guard loses all regulatory and police powers and becomes a part of the Navy.

    That is the only time the Coast Guard comes under the UCMJ.

    The UCMJ is part of Title 10, which is military law and is only for the “Department of Defense.”

    The UCMJ is “UNIFORM” for all men and women in a UNIFORM of a particular branch of the US MILITARY.

    You were not as a cadet wearing a MILITARY UNIFORM or on Title 10 Executive Orders - or you would have been involved in the war. This is the same for anyone at any Academy unless they are ON ORDERS as part of a contingency to DoD.

    The Coast Guard came from the Department of Transportation.

    Not from the “Department of Defense.”

    The Coast Guard is now in the Department of Homeland Security. I also resided in DOC and Dept. of the Treasury.

    Read up on your own history and do not let what you think you know or believe or what you wish to pump your chest about lead you blindly down a certain path.

    Homeland Security is not a part of the Department of Defense and does not come under the Pentagon or Title 10.

    ALL Cadets and/ or Midshipman are not on Title 10 Executive Orders - none are in fact - unless they are COMMISSIONED [which you were not] or are ENLISTED [which you were not].

    The only Midshipman who have ever served in WAR and in WAR zones are Kings Pointers and this is why we are the only Academy to carry a battle standard, and that is if we are ON ORDERS and at sea on a MSC vessel or NFAF vessel or something else that might be in a WAR ZONE.

    This is not about MY ACADEMY versus your ACADEMY, or service. This is about real history.

    Like how your own ADMIRALS in 1946/ 1947 went before CONGRESS and testified that the “Coast Guard” is not a “Branch of the Military” - but is only “organized” along military lines [like our police].

    This is why the UCMJ was crafted, and why the APA was crafted and the Coast Guard placed under the APA under Title 14 and not under the UCMJ under Title 10.

    I know this might be a lot for you to stop and try and understand and to quit parroting information for a moment, stop and think, do not trust me, or your lawyer and go and do your own homework if you do not wish to even stop for a moment and find the truth in all of this.

    Any and ALL Coast Guardsmen who fought in any “WAR” as a “soldier” or “Sailor” did so ON LOAN from the Coast Guard to the Army, Navy, Air force or Marines.

    The Coast Guard did not “BRANCH” off of any CONSTITUTIONAL Form of the military like the Army or the Navy.

    Army - Article II - US Air Force branched off of it from the Army Air Corps.

    Navy - Article II - Marine Corps branched off of it.

    The Coast Guard DID NOT BRANCH off of any service.

    The REVENUE CUTTER MARINE was not a Branch of Military.

    Having uniforms

    and guns….

    And boats does not make the Coast Guard a Branch of any military, as our own POLICE have the same and that is not what creates or identifies a “Branch” of the military.

    The Coast Guard voluntarily took on wearing uniforms when it was the “Revenue Cutter Marine, just like how the CG has voluntarily taken on the UCMJ….

    There is a great deal more - but go READ the case law from THE US SUPREME COURT wherein it lays out that you, here in America are to be in a US Federal Court and not in an Article II Executive Branch Court System competing with our Article III Branch of Government in the form of an INDEPENDENT JUDICIARY….

    Comment by Lt. Eric Shine | November 19, 2009

  8. “My trial lawyer fought in the Vietnamese War and received honors for it. I have friends in Bahrain. A teammate of mine just died trying to save another person.”

    THIS HAS NOTHING TO DO WITH THE HISTORY AND LAW AND US SUPREME COURT CASE PRECEDENCE BEHIND ALL OF THIS. This is flag waiving and blind patriotism for the sake of blind patriotism and not the fundamentals behind our Constitution and things like the Separation of Powers Doctrine, or case law like REID VS COVERT.

    Are you not the least curious to go READ the case law that outlines [in 1957] why we are NOT to have a competing COURT SYSTEM from underneath the Executive Branch and Article II Branch of Government - that is not the Article III Judiciary. The UCMJ has been so grossly over expanded and right now you are helping to grow that by leaps and bounds.

    Do you even now the case of LT WATADA and what his “beef” was and how and why he was able to get into US FEDERAL DISTRICT COURT even though he is in the ARMY and to have the US Federal Courts intervene on his behalf?

    Go read up on him as well. Rather then tow the line and try and pump up Patriotism and who serves where, and who has been killed, and what war everyone fought in you should try and stick to the matter at hand which is IMPROPER VENUE AND JURISDICTION. Why do you think you were put in a “NAVY BRIG”? The involvement of the Navy in all of this is as much a part of the problem as it is the solution. Why were you not placed in a “COAST GUARD” Brig? Oh. The Coast Guard does not have any “Brigs”? Right. I wonder why not?

    “The Coast Guard has fought every major war in the 20th Century and I take offense to the argument that the Academy is merely a police academy.”

    THAT’S LIKE SAYING “AMERICANS” have fought in every major war in the 20th century??? There have been NUMEROUS changes since 1901 - all the way up to 2009. One of the most important was in 1946/ 1947 when the UCMJ and APA were created and the “Coast Guard” appeared before Congress to try and explain why iw as acting like it was a “Branch of Military” when numerous Congressmen, Senators, and even Coast Guard personnel testified on the record that the Coast Guard is not, was not, and was never intended to be any KIND of a Branch of Military, special or otherwise.

    Sorry - matter of fact. When the Coast Guard fought in World War II they did so from under the command and control of the DEPARTMENT OF THE NAVY. They were in the Navy. Why do you think the Coast Guard gets moved into the NAVY in the event of a “DECLARED WAR” by Congress, by statute, or by Executive Order. The Coast Guard cannot be in the Department of Homeland Security [under that and Title 10 - civilian law to enforce civilian law as a Federal Maritime Police Force] and be under the Department of Defense [under Title 10] at the same time. It is one or the other. Not both.

    “I am at odds with the Coast Guard, until this is all settled, but it is beneath me to transpose my opinions of a person or two upon the entire service. It is a good service. A necessary one. It is a maritime, humane and military service and that is why the Officer\’s that matriculate through the Academy are prepared to handle themselves appropriately, in the face of any challenge.”

    It is a “GOOD SERVICE” like all other services that does not make it a REGULAR BRANCH OF THE MILITARY, or a “Branch of the Military. No “BRANCH OF MILITARY” is supposed to be “enforcing”, or “making” civilian law, or adjudicating disputes over “civilian law”, or licensing civilians, or taxing civilians, or a number of other things that the Coast Guard is now and has been doing. I think Ashton Kucher is a good actor too, and real funny, but what does that really have to do with any HISTORY or LEGAL FACTS, or CASE PRECEDENCE pertaining to these issues. If your lawyer is from VIET NAM you can direct him [he is “your” lawyer] to go read up on several cases from the Viet Nam era that involve MILITARY TRIBUNALS as well, that are in-line with Reid vs. Covert [I think “Jones” is one]. Beyond all of the legal case law, jargon, Constitutional law, admiralty law, common law, military law and other issues that go into all of this - common sense DICTATES that the “Coast Guard” is C-O-N-F-L-I-C-T-E-D in these proceedings and that is why if the Coast Guard wishes to bring charges against you it is supposed to be in a more “NEUTRAL” venue where the “COAST GUARD” is not sitting in all roles, judge, jury and executioner. The deck is staked against you in all regards.

    “Although everyone isn\’t necessarily held to the same level of UCMJ accountability, in the Coast Guard, we were still aware that the UCMJ was our governing body of law.”

    First of all - I am NOT the enemy because I am a NAVAL OFFICER or not in the Coast Guard - or GRADUATED from Kings Point. As to all of your friends in “service” this again has nothing to do with the matters at hand - except that we have fellow Americans putting their lives on the line for these VERY sacred truths which we hold so dear. Due process. You were denied that when they pulled you out of classes and put you in a “real” Military/ Naval Brig as you lost the presumption of innocence from that moment forward.

    My father and brother went to West Point as I have mentioned, and my uncle, an attorney in DC for people like Congressman Duncan Hunter went to Annapolis.

    I am NOT trying to lead you astray here - and I would like to say that I love the Coast Guard and all they do for us, but there are some serious problems coming from the TOP DOWN that are trying to convert the Coast Guard into something it is not. ICGS? TEMPEST? The 123’s? TWIC card and Admiral Loy now working for Lockheed Martin the very same company that he set up the contract for when he was Commandant? There are some very powerful games of politics and intrigue and corruption going on here - within and about the Coast Guard that are not good for America or Americans which should be evident that you are the first person to have this happen to in the 139 year history of the Coast Guard Academy.

    PRESUMPTION OF INNOCENCE is one of the cornerstones of our system - which means you are not to lose ANY rank, grade, pay, rights, privileges UNTIL YOU ARE PROVEN GUILTY.

    Which means that if you had been proven “innocent” then you would have been allowed to continue your education - until the “TRIAL” was over with, and you would have been tried by a “jury” of your peers [fellow midshipmen] or minimally a panel of “Coast Guard” Officers but again this presents a problem as you were NOT an officer yet. More importantly as under Title 10 and the UCMJ you would have been presumed innocent and not lost ANY - THING until AFTER proven guilty. Lt. Watada did not lose any rank, pay, grade, housing or any other rights - yet you were stripped of them.

    First time in 139 year history? Come on?

    Did you get a Congressional Nomination to get into CG?

    No?

    How come all other “MILITARY” Academies require it?

    Like KP and West Point, Annapolis and Air Force?

    And why are Coast Guard Cadets not given back ground checks by the DEPARTMENT OF DEFENSE INVESTIGATIVE SERVICES like the 4 MILITARY FEDERAL SERVICE ACADEMIES?

    All of this, no matter how painful it is to look at or admit, or even consider goes to the very heart of the issue in what the Coast Guard is - and is supposed to be.

    The Coast Guard does not come under POSSE COMITATUS under Title 14 because when under Title 14 it is a FEDERAL MARITIME POLICE and REGULATORY AGENCY, not a Branch of Military. When it moves under Title 10 [UCMJ] and into DoD and under the Pentagon, and more specifically under the US Navy it then comes under the UCMJ/ Title 10 and in that it loses all “POLICE and REGULATORY POWERS”.

    This is one reason why the entire “Coast Guard” is not moved into the DoD and Navy for “boat handling” skills [etc.] that take time to train people on - to alleviate the drain and lag and take up the slack - as a great number are left behind to do what the Coast “Guard” is supposed to do.

    Were you on TITLE 10 EXECUTIVE ORDERS as “transferred” to or as part of the US NAVY? No! But you were dragged into a US NAVY BRIG? If you remain in this “system” you WILL be found guilty, or minimally you may be found “not guilty” [which I doubt as then the Coast Guard would have to set you straight somehow] - but if found “not guilty” it will only be to set some kind of settlement and have you “get off” for helping to claim jurisdiction over all sorts of fellow “students” or “cadets” that do not deserve this.

    This is not “GOOD” and it is not “RIGHT.”

    AS you mention above,

    “Although everyone isn\’t necessarily held to the same level of UCMJ accountability, in the Coast Guard, we were still aware that the UCMJ was our governing body of law.”

    The point of the “UCMJ” is that it is not supposed to have “differing” levels of accountability as it is to be UNIFORM within each service, and between all services [that are in the DoD and in UNIFORM]. Who taught you about the UCMJ? Who had you sign something that you were in TITLE 10 Executive Military Orders to the DoD or Navy?

    TITLE “19″ should read TITLE 10 - MY BAD - TYPO

    Comment by Lt. Eric Shine | November 20, 2009

  9. SORRY AGAIN

    Army should read Article I not Article II.

    Separation of Powers you know?

    That is why the Navy was put under Article II under the President so he could REPEL an invasion and allow Congress to meet and convene and raise an Army as the direct purview of Article I or Congress. Army controlled by Congress and the “Powers of the Purse” and the Navy controlled by the President so that neither were under the direct control of just one single “Branch of Power.” Separation of Powers.

    Like Article I - Congress….

    And Article II - Executive Branch….

    And Article III - our INDEPENDENT JUDICIARY…

    Comment by Lt. Eric Shine | November 20, 2009

  10. Oh and as to the whole - back and forth - and retiring as a “Lt.” after 17 years - I was up for promotion in the US NAVY to LIEUTENANT COMMANDER in 2003/ 2004 when the Coast Guard came after me and pulled me out of US FEDERAL DISTRICT COURT in violation of another form of the Separation of Powers Doctrine….

    The Coast Guard has detained me in these proceedings since 2003 and the “appeal” sits before the “COMMANDANT” - an Admiral in a Special Branch of Military I am not in.

    “COAST GUARD” courts have VERY LIMITED JURISDICTION which is to be over men and women in UNIFORM who are on ACTIVE DUTY as Commissioned Officers or Enlisted personnel in the “COAST GUARD” - but this was all supposed to be under the APA - not the UCMJ. Two entirely different systems.

    I think you are starting to get PATTY HEARST SYNDROME and to “identify” with your captors. Go read up on it.

    Again - sorry to be short or curt - but I am not the enemy and do not want yo see you make some very big mistakes that are going to INJURE a lot of other people and our beautiful system of DUE PROCESS that is under attack right now from all angles. Look at everything else going on in the Coast Guard right now like TEMPEST? ICGS? 123’s? The National Security Cutters? Billions missing and as you live in this environment of corruption you hope to believe that your proceedings have not been corrupted and are not “political?”

    Comment by Lt. Eric Shine | November 20, 2009

  11. Shine, you are not a Lieutenant. Calling yourself is a disgrace and a dishonor to those who have actually earned their right to call themselves such.

    You are not on the Naval Register as being a LT. You are a fraud and a liar.

    The neither the Merchant Marine nor Navy need liars and frauds. Given you have established yourself to be both and when even caught red-handed misrepresenting yourself, it is not surprising at all that the Navy kicked your sorry ass out and the Coast Guard the CG revoked your license.

    Comment by Surface Force | January 31, 2010

  12. “From: NAVIGHotlines@navy.mil
    Sent: Wednesday, March 05, 2008 2:24 PM
    To: XXXXXXXXXXXXXXXXX
    Subject: RE: Eric Shine

    This is in response to your e-mail to the Naval Inspector General’s Office. Our records do not indicate a service member by the name mentioned in your complaint.

    Title 18, United States Code, Section 702 prohibits the unauthorized wearing of the uniform of the Armed Forces. Section 704 prohibits the unauthorized wearing, manufacturing, or selling of military awards. As a practical matter, assuming he is not wearing a rank or decoration he did not earn, prosecution, although technically possible, is not likely.We hope you find this information helpful.
    Sincerely,
    NAVIG Hotlines
    ——————————————————-

    —–Original Message—–

    From: XXXXXXXXXXXXXXXXXXXXXXXXXX
    Sent: Wednesday, March 05, 2008 13:32
    To: NAVIG Hotlines
    Subject: Eric Shine

    A gentleman by the name of Eric Shine has been burning up the Internetas well as radio talk shows referring to himself as a Lieutenant in the Naval Reserve. I did as has been suggested on several blogs and looked him up in the Naval Register of Commissioned Officers. His name does not appear there. Is it legal to portray yourself as a Naval Officer if you’re not one?

    If you Google Eric Shine you’ll find dozens upon dozens of sites where he takes on and makes accusations against the government based on his being a Naval Lieutenant.”

    Comment by Surface Force | March 14, 2010

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