Prosecutor says Marine posted Obama's face on donkey body

The prosecutor, Capt. John Torresala, said the behavior by Marine Sgt. Gary Stein repeatedly violated Pentagon policy that limits the free-speech rights of service members.

The comments came at a military administrative hearing where Torresala described Stein as irresponsible and said he should be dismissed from the military after ignoring warnings from his superiors about his postings.

The government submitted screen grabs of Stein's postings on one Facebook page he created called Armed Forces Tea Party, which the prosecutor said included the image of the "jackass," and another page used by Marines such as Stein who work as military meteorologists.

Torresala said the anti-Obama comments posted on the page used by meteorologists were prejudicial to good order and discipline, and could have influenced junior Marines.

Stein's security clearance was taken away, and he has no future in the Marine Corps because he can't do his job without that clearance, Torresala said.

"The Marine Corps community views the command's lack of action as some kind of knock on good order and discipline," Torresala said. "Our own people are questioning why this Marine is not being held accountable."

Stein's defense attorney, Marine Capt. James Baehr, said during the hearing that prosecutors were trying to dredge up any damaging information they could against Stein.

"There is no basis in this case," Baehr said. "Sgt. Stein has broken no law."

The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief.

Pentagon directives say military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement.