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 ...
Dealing with the fallout already - no MPA days left and both appellate sections desperately need reserve help to deal with the rush.
The police acted stupidly.
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.
From a usurper CinC who enjoys Reggie Love’s manhood inserted in his various orifices on a routine basis.
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
Allegedly Harvard law educated. Harvard should demand it’s J.D back.
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.
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.
I guess no rapist will look like OBAMA’s son,if he had one
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!!
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 .
Ambassador Stevens looks like the brother I never had.
homosexuals since don’t ask is gone has reached record levels and last year about 9,000 came forward saying they were raped
Some college should award him an honorary ‘F’ in law for all the illegal things he’s done.
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.
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.
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?
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.
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