Military Judge Denies Obama Request to Suspend Guantanamo Hearings

[Moonbeam]

Originally posted by: ericlp

Originally posted by: Moonbeam
Apparently, and of course I do not really know, the judge is acting on some presumed legal grounds. If so, good for him. You will all recall, I hope, what happens when the military and government are full of 'yes men', no?

If the ball is back in Obama's court, let's wait and see what he does. If he wants principled descent then he will listen to what this dude has to say, it would seem to me.

We don't want a government where everything is shoved down people's butt-hole.

I guess you've never been in the military?

That's the way it is. You get orders and you follow directives from the top. The whole philosophy behind the psychology is to follow the letter to the T. That is your duty. That is why you signed up for. Just like people that didn't see bushes way got hammered hard and if they didn't change quickly they were out on their asses.

When a drill sargent tells his men to jump, they don't want them standing around asking why or refusing.

That didn't pass muster at the Nuremberg Trials.

 

[SMOGZINN]

Originally posted by: dennilfloss
Well, Obama is Commander-In-Chief. All he has to do is change the request to an order to 'persuade' a colonel.

The moment the President uses his powers as Commander-in-Chief to overrule a military judge then he has made himself into a minor dictator and military justice no longer has any meaning. There is a reason that the military has courts and does not just assign a high ranking officer to hand down judgements by fiat. I doubt Obama will go down that road.

 

[palehorse]

Originally posted by: her209

Originally posted by: palehorse

Originally posted by: Lemon law
Maybe Col. James Pohl might want to review the word unpersuasive when he realizes who his commander and chief is. Hint hint Judge Pohl, its not GWB, Dick Cheney, Alberto Gonzales, or Rumsfeld anymore.

Cheer up, you could find yourself reassigned tomorrow, if not today, by a very persuasive commander and chief, the only mystery here is which general will reassign you. I am fairly confident your successors in your former position will not be so pigheaded or suffer from your brand of anal cranial inversion.

Pohl, you have received a lawful order from your commander and Chief, carry it out. You must think the US military works in some other way. When the sole authority for these military commission tribunals rests with the commander and chief.

pay attention slick: the judges were not "ordered" to suspend the hearings. If Obama has the sense that I believe he has, he'll hear the man out regarding the reasons to continue with this specific case; and he may just allow the case to proceed.

http://www.whitehouse.gov/the_...moDetentionFacilities/

Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

Trust me, it's still not an "order" in the traditional sense, given the judicial nature of the issue.

 

[piasabird]

Even the Commander-In-Chief is subject to the UCMJ (Uniform Code of Military Justice) !!!!!!!!!!

The colonel (Judge) could be reassigned to Alaska, but hey, what you gonna do?

It takes true grit to tell the President No. However, they are within their rights to demand a written order signed by the president.

Civil law does not usurp military law.

If the president told the supreme court to wait 120 days and the president tried to interfere with the supreme court, how would you feel about it? Civil courts have no juristiction with military prisoners.

 

[heyheybooboo]

The President of the United States is not subject to the UCMJ.

 

[Lemon law]

Obama choice for AG is not even conformed yet, his Senate vote for conformation is slated for this coming Monday, and once in charge is going to have a lot of GWB&co house cleaning to do. I imagine its the AG who will cut the ground out from under Judge Pohl by with drawing the charges with Prejudice well before Feb 17.

I for one do not think Pohl will have the last word in this matter.