Posted on 01/29/2009 9:13:17 AM PST by IrishMike
A military judge has refused the Obama administration's request to delay proceeding for 120 days in the case of a detainee held at the U.S. naval prison at Guantanamo Bay, Cuba, who is accused of planning the October 2000 attack on the USS Cole warship, an al-Qaeda strike that killed 17 service members and injured 50 others.
The decision throws into some disarray the administration's plan to buy some time as it reviews individual detainee cases as part of its plan to close the prison. The Pentagon may now be forced to withdraw the charges against Abd al-Rahim al-Nashiri, a Saudi citizen of Yemeni descent. In one of its first actions, the Obama administration instructed military prosecutors to seek 120-day suspensions of legal proceedings in the cases of 21 detainees who have been charged.
The request was quickly granted in other cases when prosecutors told military judges that "the newly inaugurated president and his administration [can] review the military commissions process, generally, and the cases currently pending before military commissions, specifically."
But Judge James Pohl, an Army colonel, said he found the government's reasoning "unpersuasive."
(Excerpt) Read more at washingtonpost.com ...
I guess he won't make it to Brigadier General any time soon...
Huh?
Rutt Roh...I bet Bambi is pissed off now!! LOL...the naked emperor!
>>A military judge has refused the Obama administration’s request to delay proceeding for 120 days in the case of a detainee held at the U.S. naval prison at Guantanamo Bay, Cuba, who is accused of planning the October 2000 attack on the USS Cole warship, an al-Qaeda strike that killed 17 service members and injured 50 others.<<
Since both the defense opposed the delay I can understand. If both the prosecution and defense supported a delay then I would think the judge would be more likely to agree.
GOOD!!!
He probably didn’t have much of a chance anyway. It’s not like he can cover a career like obama did get get the senate approval.
I didn’t understand that statement either. Why would they be forced to withdrawl their case?
More power to him.
Cool...an Army Col. finds Obama “unpersuasive”.
Me too.
They’d be forced to withdrawl becuase O doens’t want to prosecute them. So it’s either prosecute without O’s approval or withdrawl.
An Army colonel who presided over the courts martial of several guards in the Abu Ghraib prison abuse scandal is the new chief judge for military commissions, the Pentagon announced Monday.
Army Col. James Pohl replaced Marine Col. Ralph Kohlmann, who is retiring from service.
Pohl is a 1978 graduate of Pepperdine Law School. He has served as an Army lawyer since 1981, in the United States and in Germany, and as a military judge since 2000.
Translation: What the Obama administration wanted to do would force the Pentagon to withdraw the charges.
That’s what I read between the lines. The MSM just doesn’t want you or I to see that connection clearly!
You know if Bush was saying to hold off for 120 days...they’d be screaming about due process.
I think Colonel Pohl may have a new assignment soon.
>>I didn’t understand that statement either. Why would they be forced to withdrawl their case?<<
It may be a situation where the defendent’s treatment meets the definition of torture coming from the top and thus they can’t prosecute as planned. But I don’t know.
aganist the ( so-called ) commander in cheif, nice
Under what guideline can Obama make the Pentagon withdrawl the case?
When I first read the article, I was so impressed that the judge is standing up to Obama, but if Obama is saying I’ll find my own way around this problem, then I am more than stunned.
‘GOOD!!!’
Hooray!!! Score one for the good guys...
Looks like Colonel Pohl will be joining Bush 43’s Air Force One pilot.
Brave men, both.
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