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Obama Remark Is Complicating Military Trials
New York Times ^ | July 13, 2013 | JENNIFER STEINHAUER

Posted on 07/13/2013 5:11:49 PM PDT by reaganaut1

WASHINGTON — When President Obama proclaimed that those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,” it had an effect he did not intend: muddying legal cases across the country.

In at least a dozen sexual assault cases since the president’s remarks at the White House in May, judges and defense lawyers have said that Mr. Obama’s words as commander in chief amounted to “unlawful command influence,” tainting trials as a result. Military law experts said that those cases were only the beginning and that the president’s remarks were certain to complicate almost all prosecutions for sexual assault.

“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.

The president’s remarks might have seemed innocuous to civilians, but military law experts say defense lawyers will seize on the president’s call for an automatic dishonorable discharge, the most severe discharge available in a court-martial, arguing that his words will affect their cases.

“His remarks were more specific than I’ve ever heard a commander in chief get,” said Thomas J. Romig, a former judge advocate general of the Army and the dean of the Washburn University School of Law in Topeka, Kan. “When the commander in chief says they will be dishonorably discharged, that’s a pretty specific message. Every military defense counsel will make a motion about this.”

At Shaw Air Force Base in South Carolina last month, a judge dismissed charges of sexual assault against an Army officer, noting the command influence issue.

(Excerpt) Read more at nytimes.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: bho44; bhofascism; blunders; cicobama; criminalpresident; democrats; obama; sexoffenders
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1 posted on 07/13/2013 5:11:49 PM PDT by reaganaut1
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To: reaganaut1

The smartest man in the room does it again.


2 posted on 07/13/2013 5:14:41 PM PDT by AU72
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To: reaganaut1

I just finished a novel by Nelson DeMille called “Word of Honor”. I sense that you would enjoy it, I certainly did.


3 posted on 07/13/2013 5:15:52 PM PDT by gorush (History repeats itself because human nature is static)
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To: reaganaut1
it had an effect he did not intend
4 posted on 07/13/2013 5:16:09 PM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: reaganaut1
it had an effect he did not intend

say's who?

5 posted on 07/13/2013 5:16:30 PM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: reaganaut1

And that clown is the CIC .... wonder he didn’t say “if I had a son, he would be like....”.


6 posted on 07/13/2013 5:16:44 PM PDT by RetiredTexasVet (The short list would be the list of all administration officials that are NOT pathological liars!)
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To: reaganaut1

7 posted on 07/13/2013 5:16:56 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: reaganaut1

Typical Obama making a pandering, political statement and clueless about his role as president, let alone CinC.


8 posted on 07/13/2013 5:22:32 PM PDT by Will88
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To: reaganaut1

That joke of a CiC is an IMBECILE!


9 posted on 07/13/2013 5:32:30 PM PDT by originalbuckeye (Never yield to force; never yield to the apparently overwhelming might of the enemy)
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To: reaganaut1

The emperor has no clothes and he was void of clothes since 2008


10 posted on 07/13/2013 5:32:59 PM PDT by ronnie raygun (Yesterdays conspiracies are todays truths)
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To: reaganaut1

He did it to protect homosexuals assaulting their peers.


11 posted on 07/13/2013 5:35:12 PM PDT by gusopol3
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To: reaganaut1


12 posted on 07/13/2013 5:37:36 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: reaganaut1

How about when the Prezzy of the US says that a dead mugger looks like the son he never had?


13 posted on 07/13/2013 5:37:37 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: gorush
good book...
14 posted on 07/13/2013 5:38:30 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: reaganaut1

As a constitutional law professor he makes a wonderful school crossing guard.


15 posted on 07/13/2013 5:39:23 PM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: BenLurkin

How about opening fire among fellow soldiers, killing 13 of them? Do THEY get prosecuted and stripped of their positions?


16 posted on 07/13/2013 5:40:33 PM PDT by joethedrummer
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To: jimfree

http://www.court-martial.com/Reading/Unlawful-Command-Influence-UCI.shtml


17 posted on 07/13/2013 5:41:03 PM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: reaganaut1

He did it on purpose you can bet your farm on that.


18 posted on 07/13/2013 5:41:47 PM PDT by TigersEye ("No man left behind" is more than an Army Ranger credo it's the character of America.)
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To: joethedrummer

He’ll just call it “workplace violence” and hope his fellow Jihadi skates.


19 posted on 07/13/2013 5:43:16 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: reaganaut1

Can’t we just all meet at the WH for a beer and let him start all over?

Between him and Holder we won’t have a court system left in the country, including the military.


20 posted on 07/13/2013 5:43:22 PM PDT by morphing libertarian
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To: reaganaut1

Dealing with the fallout already - no MPA days left and both appellate sections desperately need reserve help to deal with the rush.


21 posted on 07/13/2013 5:44:02 PM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: reaganaut1

The police acted stupidly.


22 posted on 07/13/2013 5:50:43 PM PDT by volunbeer (We must embrace austerity or austerity will embrace us)
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To: reaganaut1

Chaos is necessary to aid in further destabilization. No coincidence here. He, and his controllers, know full well what he did. Someone needs to load the ‘prompter since he in incapable of an original thought.


23 posted on 07/13/2013 5:53:02 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: originalbuckeye

From a usurper CinC who enjoys Reggie Love’s manhood inserted in his various orifices on a routine basis.


24 posted on 07/13/2013 5:56:41 PM PDT by twister881
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To: gusopol3

Yep-—as soon as sodomy became a “Right” in the military and forcing our military to take “Pride” in a Vice—we had a rash of sexual assaults. Notice—they never mention the number of sexual assaults by homosexuals which is probably the majority.

They even had a problem with homosexuals when DADT was in force, as they have had with all of world history. Now the Christians are being forced out for rejecting the advances of the sodomites (bigots).

Sodomites used to get the death penalty in the English Navy because it was so egregious and destroyed morality. Machiavelli stated that Virtue was essential in a military. Without Virtue—there will be no loyalty, trust in the men and they will turn against their country/citizens/ruler.

Normalizing and promoting sodomy (Vice) in the military, like in all the Ancient militaries like the Samurai/Spartans, to create brutal men—he needs his Brownshirts who can kill and brutalize their own citizens and women and children.

The US used to have the most moral military in the history of the world—because of Christian Ethics established by George Washington. Sodomites will chase out all the Christian moral men—that is how zero is destroying our military——replacing the Good with self-loathing narcissists/idolators/Satanists only concerned with lust. People of no or weak character.

http://www.thepinkswastika.com/5294/index.html


25 posted on 07/13/2013 5:56:58 PM PDT by savagesusie (Right Reason According to Nature = Just Law)
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To: reaganaut1

Allegedly Harvard law educated. Harvard should demand it’s J.D back.


26 posted on 07/13/2013 6:00:40 PM PDT by DManA
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How about OBOZO'S making a fair trial in the Zimmerman case impossible? Commenting on the irrelevant fact that Trayvon Martin would look like his son, if Michelle hadn't aborted him. Sending DOJ hacks to Florida to intimidate local officials and start racial trouble in Zimmerman’s backyard.
27 posted on 07/13/2013 6:04:08 PM PDT by Godwin1
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To: savagesusie

I’m betting you know which scriptural passage Washington had read upon assuming command of the Continental Army at Cambridge two weeks after Bunker Hill.


28 posted on 07/13/2013 6:04:40 PM PDT by gusopol3
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To: reaganaut1

Just one example of what can happen when the US Armed Forces have a Commander-In-Chief who holds the Armed Forces is such complete contempt.


29 posted on 07/13/2013 6:06:58 PM PDT by Gay State Conservative (The Civil Servants Are No Longer Servants...Or Civil.)
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To: reaganaut1

I guess no rapist will look like OBAMA’s son,if he had one


30 posted on 07/13/2013 6:16:21 PM PDT by ballplayer
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To: reaganaut1

The smartest man to ever be president, with that cool
crease in his pants, is really amassing quite a portfolio
of FAILURES isn’t he, newyorktimes?

Constitutional Law SCHOLAR! LMAO!!


31 posted on 07/13/2013 6:31:29 PM PDT by americas.best.days... ( I think we can now say that they are behind us.)
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To: reaganaut1

men since don’t ask was overturned are being sexual assaulted at record levels, a simple search will give anyone many links to this fact.

So what we have is homosexuals raping men and now it has increased to record levels and still the media tries to ignore this .


32 posted on 07/13/2013 6:36:25 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: BenLurkin
How about when the Prezzy of the US says that a dead mugger looks like the son he never had?

Ambassador Stevens looks like the brother I never had.

33 posted on 07/13/2013 6:36:50 PM PDT by RedStateGuyTrappedinCT
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To: gusopol3

homosexuals since don’t ask is gone has reached record levels and last year about 9,000 came forward saying they were raped


34 posted on 07/13/2013 6:37:22 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: reaganaut1

Some college should award him an honorary ‘F’ in law for all the illegal things he’s done.


35 posted on 07/13/2013 6:42:26 PM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: reaganaut1

The story has no legs and doesn’t make sense.

Obama has said, those who *committed* sexual crimes *should* be blah blah blah. I see nothing wrong with that. He’s the C&C, he can proscribe whatever punishment he wants and after all he says the definitive *committed* not the ambiguous “accused”.

Someone explain to me what’s wrong with what he said using terms other than perceived wrongdoing because Obama said it?

Military Justice fickle and not well circumscribed. It’s tribunal.


36 posted on 07/13/2013 6:59:28 PM PDT by Usagi_yo
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To: Usagi_yo
The president’s remarks might have seemed innocuous to civilians, but military law experts say defense lawyers will seize on the president’s call for an automatic dishonorable discharge, the most severe discharge available in a court-martial, arguing that his words will affect their cases.

The article describes specific instances that have already been affected in just this way. Pretty much fulfillment of Koch's postulate for infection. You don't have to buy it though.

37 posted on 07/13/2013 7:54:22 PM PDT by gusopol3
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To: reaganaut1

those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,”

why does he keep going after bj klinton?


38 posted on 07/13/2013 8:20:31 PM PDT by longfellow (Bill Maher, the 21st hijacker.)
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To: savagesusie
powerful comment...well done!!.....I always recall the photo taken during the Japanese kamikaze attacks...where the Padre is praying over a fallen sailor, in the middle of the fire and chaos....
39 posted on 07/13/2013 8:21:58 PM PDT by B212
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To: Usagi_yo

The UCMJ has many similarities to the civilian justice system, but has many significant differences. In this case it is one of undue command influence, he is the CIC and has said what should happen in these types of cases. As in the Navy Corpseman case a couple of years ago, he did not do his homework and came across as singularly unimpressive. Being the CIC is not community organizing on the south side. After almost five years, one would think he would have figured it out by now, it appears he is not quite as smart as we were told.


40 posted on 07/13/2013 8:28:02 PM PDT by phormer phrog phlyer
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To: reaganaut1

What? - Obama opened his mouth without thinking and said something stupid? - who’da guessed......


41 posted on 07/13/2013 9:07:49 PM PDT by Intolerant in NJ
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To: AU72
The smartest man in the room does it again.

There was a case during the Bush administration that GWB refused to comment upon for this very reason -- undue command influence.

Bush knew better.

Obama doesn't know squat.

42 posted on 07/13/2013 9:13:13 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: RedStateGuyTrappedinCT

Maybe Amassador Stevens looked like a friend he used to have.

HF


43 posted on 07/14/2013 5:39:31 AM PDT by holden (Alter or abolish it yet?)
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To: manc

How many have been raped and have not come forward?


44 posted on 07/14/2013 5:47:01 AM PDT by wintertime (Yuri Bezmenov was a prophet.)
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To: Usagi_yo
He’s the C&C, he can proscribe whatever punishment he wants and after all he says the definitive *committed* not the ambiguous “accused”.

He never should have unlocked his teeth and let this crap statement escape from between them. It would seem that as President he has better things to do with his time than insert his bias into every arena that his lack of wisdom, knowledge and honor drags him into. Every POTUS before him had enough brains to refrain from expressing this kind of thinking in public. Not this one. He has just violated Article 37a of the Uniform Code of Military Justice(UCMJ) which states that undue command influence(UCI) of a judicial proceeding is not to be tolerated. A really good President, not just a really good community organizer, would know that.

Presidents are supposed to have more pressing matters at hand the proscribing of punishments for every active court proceeding. Those issues are decided in law by Congress who writes the UCMJ and not by the whims of a man. We are still a Republic and not a dictatorship yet.

If he had to say something, all he should have said was "those who are found guilty of committing sexual crimes should be punished as the law allows" and nothing more.

45 posted on 07/14/2013 5:47:34 AM PDT by Tonytitan
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To: reaganaut1

46 posted on 07/14/2013 5:56:55 AM PDT by JoeProBono (Mille vocibus imago valet;-{)
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To: wintertime

exactly, if 9,000 men were raped in one year in the military then how many have not come forward, how many young new recruits have been afraid ?

Allowing homosexuals to serve was the most stupid thing they have done in the military for some time .


47 posted on 07/14/2013 6:02:31 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: reaganaut1
When President Obama proclaimed that those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,” it had an effect he did not intend: muddying legal cases across the country.

None of this has happened to Nadil Hasan yet. He only gunned down dozens of soldiers and civilians at Ft. Hood.

The Islamist in Chief is a POS.

48 posted on 07/14/2013 6:08:37 AM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: manc
It's not stupid if their goal is the destruction of the U.S. and Western Civilization.
49 posted on 07/14/2013 6:56:48 AM PDT by wintertime (Yuri Bezmenov was a prophet.)
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To: reaganaut1

This man is so unbelievably, f***ing stupid, that it boggles the mind. If breathing weren’t an involuntary action, he wouldn’t last.

I would bet that there has to be more than a few of his supporters that, in private, realize that this man is dumber than a box of rocks and that they hitched their cart to the wrong horse.


50 posted on 07/14/2013 9:31:35 AM PDT by qaz123
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