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Military Judge Refuses to Halt Gitmo Trial

From Fox News:

Military Judge Refuses to Halt Trial of USS Cole Bombing Suspect

Thursday, January 29, 2009

A military judge has refused the Obama administration’s request to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen, FOX News learned Thursday…

[Judge] Pohl’s decision is striking because two other military judges in a Sept. 11 conspiracy case and in the case of Canadian Al Qaeda operative Omar Khadr agreed to suspend proceedings in accordance with Obama’s recent executive order, which put a hold on all military tribunals.

Pentagon spokesman Geoff Morrell said Thursday that Pohl would soon be told to comply with Obama’s executive order.

"All I can really tell you is that this department will be in full compliance with the president’s executive order," Morrell said at a news briefing. "There is no ifs, ands or buts about that."

"The president has signed an executive order and that sort of puts all this on hold as we go about and review a number of things related to Gitmo, our detention operations, our interrogation procedures," he continued.

"And so, while that executive order is in force and effect, trust me that there will be no proceedings continuing down at Gitmo with military commissions," he added.

Al-Nashiri’s arraignment is scheduled for Feb. 9 at Guantanamo Bay. A Defense Department spokesman said the only thing now that can stop the court appearance from going forward is a withdrawal of the charges without prejudice by Judge Susan Crawford, head of the convening authority that oversees the entire process at Guantanamo…

One supposes this could get interesting.

But more than likely, as the Pentagon spokesman states, the judge will be forced to comply.

This is one of the drawbacks of having a military judge.

(Thanks to BannedbytheTaliban for the heads up.)

This article was posted by Steve on Friday, January 30th, 2009. Comments are currently closed.

13 Responses to “Military Judge Refuses to Halt Gitmo Trial”

  1. BannedbytheTaliban says:

    So much for checks and balances:

    From FoxNews:

    Military Judge Refuses to Halt Trial of USS Cole Bombing Suspect

    A military judge has refused the Obama administration’s request to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen, FOX News learned Thursday…


    That is the major draw back to despotism; the despot has the final say. I’m sure this honorable serviceman will be court-martialed for failing to follow a direct order. That is really the only way the trial can be halted, not just what the article mentions. The attack on the constitution begins. Hold on to your butts!

  2. pdsand says:

    I assume this judge is on paper an impartial finder of facts, presiding over a court and trial that is prescribed under law, and empowered with judicial discretion like any other such judge. Regardless of the fact that he wears the uniform, in his duties as a judge, he could for instance preside over the trial of a superior officer, and not be subject to the accused’s order to acquit him.
    Although I’m sure this is in fact a pointless display, it is basically a test of an important question. Are these impartial commissions and tribunals, as President Bush and (apparently) Judge Pohl thought, or are they in fact political show trials at the beck and whim of the President, as Obama seems to believe and wants to preside over?
    Also, as much as liberalism encourages rank and file Soldiers to desert rather than fight a war if their conscience leads them not to, you would think that liberalism would encourage a judge to resist having his hands tied by the President if he seems to have a perfectly good trial ready to go. You would think a judge is a little bit more qualified to make that particular (judge)ment call.

  3. wardmama4 says:

    I don’t know – to me this, combined with the House Republicans making a real statement, and the corresponding plummeting of the ‘support’ for the Generational Theft Act of 2009 – might just be showing exactly how to fight, beat down and win against The One ™.

    Not a full scale attack outright – but one little skirmish after another until this petty, immature, inexperienced and empty suit moroon does exactly what fiberals and moonbats always do – implode. He has shown his worthlessness – in the first week – with his ‘I won’ and ‘Don’t listen to Rush’. He is so shallow and vapid – he does not have the depth, character and strength to hold the office he is presently soiling. I just hope it is We The People who take him out – and not some crazed radical terrorist (not that, that scenario doesn’t have it’s own special perks and irony) – because I don’t want innocent Americans to die because the Left cheated and lied it’s way to elect a poser as POTUS.

  4. pdsand says:

    If I’m not mistaken they went a long way (pointlessly) towards proving that these were going to be fair and impartial trials when they gave Bin Laden’s driver what was essentially a six month sentence.

  5. proreason says:

    It could be that the main reason for The Moron wrapping himself in Lincoln’s robes is to pave the way to take actions similar to Lincoln’s during the Civil War….suspension of habeus corpus and holding the Declaration of Independence above the Constitution.

    It would all be done, of course, to preserve the Union, which is now threatened by Rush Limbaugh and other rebels like him.

  6. Rusty Shackleford says:

    And thus, the key to the asylum was happily handed to the inmates.

    I applaud the judge’s position. I certainly hope he doesn’t get ruined for it but if it comes to that, Americans need to show support for his decision. I think I understand exactly how he feels and that no one, not even Bo-Bo is above the law and can just, with a wave of his wand, make it all go away.

    These are the types of things that have me stunned about Americans. On 9/11 it was so fashionable to show remorse for the victims of those beyond reprehensible acts, yet it seems that most of those same Americans have no stomach for a fight, nor for carrying out justice, even if it means preserving their own freedom. So again, I applaud this judge for his principles and his actions. He has what I would call “the right attitude”. But I expect he’ll get the boot. The liberals will portray him as a real-life Nathan R. Jessup who’s only hold on life is to “kill young muslims at the cost of what is ‘fair’ and ‘good’ “. Look for it in the Times.

    What a strange phenomenon. I’m sure the recruitment numbers went up on 9/12/01, as they did on 12/8 in 1941, but we never heard about it. And those soldiers in the field right now are doing a nasty, dirty, almost impossible job that has gotten ZERO interest from our self-righteous “war is ikky” media. That is, unless it’s to point out that the “nasty evil Mistuh Bush made him lose his legs”.

    I’m seeing things that are straight out of a bad sci-fi book that have no logical progression, no intuitive following, no SENSE. I read what Ann writes and shake my head and I hear what Rush says and I shake my head and I also make my own observations and I could almost cry. Logic doesn’t exist, people WANT….well, to be honest, I don’t know WHAT they want. I don’t think even they do.

    I hear Bo-Bo talk and I want to wretch. His condescending, superior attitude brings up my bile and I have to change the TV channel or just shut it off altogether. The only weird, sick thing we can hope for, really, is that he does such a buggery of a job with his accomplices that we end up so broke as a nation and so pitifully unprotected that even the stupidest of hollywood liberals will run to their friends who have guns screaming “help me, help me!”.

    Not what I want. If it should ever come to that, we are in seriously deep ca-ca. But, we are already 7 days into “The Immersion” and it’s starting to fill my shoes. I wonder if The One will start printing “little red books” for us all to read. Or, when you go to a public building the muzak will be negro protest songs. I look for these “changes” and “hope” they never come.

    A friend of mine from Australia said it best in an e-mail. “I was no great fan of Bush”, he wrote, “But this new guy you’ve got is a real nong.”, which to us Yanks, means moron or fool.

    So if our neighbors and close allies can see it…is there any hope we can stop it?.

    • BannedbytheTaliban says:

      “I don’t know WHAT they want. I don’t think even they do.”

      It’s my opinion that the people want someone to coddle them. Tell them all will be ok, I’m going to take care of you. Let them do as the please without having to face the consequences of their actions. For if they fail, they want to know government will be there to help them out. They want absolution from responsibility and cart-blanch to live a life without guilt or reprisal. To live in sin without damnation.

      It boils down to an argument I make often; all people know what is wrong and what is right. Some people choose to do the wrong thing and claim it to be right, such as abortion or homosexuality. But they only claim it is right so they don’t fell guilty for choosing that path and condemn those who would hold them accountable for their decisions as bigots. No addict thinks he has a problem; someone has to explain to them before they’ll change.

    • Reality Bytes says:

      Banned: You know the scene in the movie “Indedpence Day”? The President asks the captured Alien “What Do You Want From Us?” Alien says, “DIIEEE…DIIEEE”.

      Now, used to be the alien stood for the terrorists, but today, with Al Gore & the other elitists like Pelosi & Obama who think abortions are good for the economy, THE SAME STANDS FOR THE DEMOCRATS!!!

      (YES, I’M YELLIN SG!)

  7. Reality Bytes says:

    Breath taking isn’t it?! Tell you what, since Obama is so impressed with all the room in the White House, what do you say We The People let the terrorists stay there, The Peoples’ House?!

    Think of the savings! It’s already the most secure building in America. It’s a Win/Win!

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