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Military Judge Denies Obama Request to Suspend Guantanamo Hearings
Washington Post ^ | Thursday, January 29, 2009 | Peter Finn

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 ...


TOPICS: Breaking News; Government; News/Current Events; War on Terror
KEYWORDS: 0bama; abd; abdalrahimalnashiri; alnashiri; alqaeda; alrahim; american; barackobama; bho2009; bho44; bhogwot; cole; commissions; corruption; court; crime; cuba; democrats; detainees; enemycombatant; gitmo; government; guantanamo; guantanamobay; homeland; hussein; jihad; law; liberals; military; militarycommissions; militaryjudge; murder; national; nobama; obama; pentagon; pohl; president; publicsafety; rats; ruling; saudiarabia; security; socialism; taxpayers; terrorism; terrortrials; unitedstates; usarmy; usnavy; usscole; voters; war; whitehouse; wot; yemen
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To: IrishMike
Obama can always pardon the terrorists... just like other Democrat presidents did.
21 posted on 01/29/2009 9:24:41 AM PST by pnh102 (Save America - Ban Ethanol Now!)
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To: CaribouCrossing

Good for the judge’s back bone, bad if Obama finds his way around this bump is his road - and doesn’t allow the pentagon to prosecute.


22 posted on 01/29/2009 9:24:58 AM PST by HollyB
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To: HollyB

Looks like everyone is rebelling...


23 posted on 01/29/2009 9:25:42 AM PST by Blue Turtle (I)
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To: HollyB

He’s the commander-in-chief that’s how. The courts are separate and don’t have to listen to Obama, but the military is under his thumb. They will do as they are told.


24 posted on 01/29/2009 9:27:02 AM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: livius

that’s my response too!


25 posted on 01/29/2009 9:27:54 AM PST by jerri
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To: IrishMike; xzins

Isn’t a call from the Pentagon or the President to suspend military judicial proceedings that have already begun “undue command influence”?


26 posted on 01/29/2009 9:28:00 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: IrishMike

Owned.


27 posted on 01/29/2009 9:29:28 AM PST by zendari
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To: IrishMike
Shot across the bow! Woo hoo, judge.

Let's see if Obama cherishes an independent judiciary or exerts command influence - an impeachable offense, no?

28 posted on 01/29/2009 9:34:19 AM PST by NonValueAdded (Confidential to MSM: "Better Red than Read" is a failed business model.)
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To: IrishMike
If we were anywhere else in the world except the United States, I'd say this sounds like the start of a military coup. My Marine son salutes you, Colonel.
29 posted on 01/29/2009 9:34:33 AM PST by adlucem (NObama)
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To: IrishMike
The Colonel is a brave, principled man!

The United States is at very high risk of a terrorist attack within the NEXT 365 days.

The RADMUZZIES smell weakness and they will act, Thanks Pres. Obama we will all be united soon, amazed at the change—yeah—the change of THREATCON UPWARD.

30 posted on 01/29/2009 9:36:36 AM PST by ScareyFast63
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To: for-q-clinton

He’s the commander-in-chief that’s how. The courts are separate and don’t have to listen to Obama, but the military is under his thumb. They will do as they are told.....

No, he is the Usurper in Chief.

They need to have the SCOTUS determine if the military must follow the orders of a person not eligible to be POTUS under the Constitution.

This is what all the Natural Born Citizen lawsuits are about.

And it will only get worse the longer Obama refuses to show his long form birth certificate.


31 posted on 01/29/2009 9:37:33 AM PST by Hang'emAll
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To: IrishMike

BTTT


32 posted on 01/29/2009 9:37:36 AM PST by Jet Jaguar
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To: for-q-clinton; HollyB; xzins
He’s the commander-in-chief that’s how.

I don't think so.

The courts are separate and don’t have to listen to Obama, but the military is under his thumb. They will do as they are told.

I believe that Military Judges are precluded from being influenced in any decision by their commanders or people above them. To be subject to influence is to undermine the entire scheme of Military justice. The only power Obama has in these proceedings is his pardon power. He can pardon the terrorists, but he can't control their prosecution from the Oval office.

If he were to fire this judge for refusing to stop a prosecution, Obama could be impeached. Remember that Nixon was impeached in part for firing the independent prosecutor Archibald Cox.

33 posted on 01/29/2009 9:40:49 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: IrishMike

I thought we were agreeing to disagree? You can’t REALLY disagree! Can you?


34 posted on 01/29/2009 9:41:21 AM PST by NowApproachingMidnight (Sell the left short this cycle.)
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To: HollyB

Obama’s whole career when he was teaching was how to get around laws and get the results anyway.

Just look up the test questions he asked the students, all of them were how to defend someone when the law was clearly against their wishes, it’s blatant this is his M.O..


35 posted on 01/29/2009 9:42:23 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Hang'emAll

Whhhh whhhhhhho wwwhhhooooooo whhhhhhhhhooooooaaaaaaaaaa!

Put this together with what is being discussed on this thread:

Report: Barack Obama’s Al Qaida initiative began months before his election
January 28, 2009 7:15:12 PM EST · by penelopesire · 288 replies · 6,116+ views
World Tribune ^ | Wednesday, January 28, 2009 | World Tribune
“Obama was working with Arab intermediaries to establish an unofficial dialogue with Al Qaida long before his election as the 44th U.S. president, according to a report in the upcoming weekly edition of Geostrategy-Direct.com. ShareThis Al Qaida has offered what has been described as a truce in exchange for a U.S. military withdrawal from Afghanistan, according to the report.” (snip) “The president has been aided by several Persian Gulf Arab Muslims with ties to Al Qaida’s leadership in Pakistan, they said.”

http://www.freerepublic.com/focus/f-news/2173831/posts

What do you think?


36 posted on 01/29/2009 9:42:44 AM PST by shoutingandpointing
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To: HollyB; livius
Read it like this:

Pentagon may now be forced to withdraw the charges [by the White House, since simply ASKING them to postpone the trial did not fly...
37 posted on 01/29/2009 9:43:05 AM PST by SpinnerWebb (mankind are more disposed to suffer, while evils are sufferable, than to right themselves)
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To: IrishMike

The charges can be dismissed “without prejudice” which means that they can be refiled later. It is just a bump in the road.


38 posted on 01/29/2009 9:43:22 AM PST by DeepThought42 (No mercy, no quarter.)
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To: SpinnerWebb

True, it is not a done deal and still a consideration. But, it appears that most are seeing O’s will in getting what he wants.


39 posted on 01/29/2009 9:45:09 AM PST by HollyB
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To: HollyB

I see the whole “Pentagon may be forced” comment as some liberal reporter’s *** dream of having this rebellious Colonel busted down for non-cooperation... it’s nothing more than the reporters wishes, written down.


40 posted on 01/29/2009 9:47:39 AM PST by SpinnerWebb (mankind are more disposed to suffer, while evils are sufferable, than to right themselves)
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