Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge: Pentagon in contempt in Gitmo case (Obama's fault)
MSNBC ^ | 12/10/2009 | ap

Posted on 12/10/2009 2:56:16 PM PST by tobyhill

A federal judge on Thursday ruled the Defense Department in contempt of court for failing to videotape the testimony of a Guantanamo Bay detainee so that the public and the news media could see it.

U.S. District Judge Gladys Kessler is demanding a detailed explanation of why the Pentagon failed to conduct the taping, as she had directed, of testimony by Mohammed Al-Adahi of Yemen. He testified June 23 in a challenge to his indefinite detention at the prison in Cuba.

In August, Kessler ordered the government to "take all necessary and appropriate diplomatic steps" to facilitate Al-Adahi's release. The government is appealing Kessler's decision

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: dod; gladyskessler
Navigation: use the links below to view more comments.
first 1-2021-22 next last

1 posted on 12/10/2009 2:56:17 PM PST by tobyhill
[ Post Reply | Private Reply | View Replies]

To: tobyhill

Is it too late for the Pentagon to say “Thanks but no thanks!”?


2 posted on 12/10/2009 2:58:40 PM PST by Dixie Yooper (Ephesians 6:11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

Nice one Obamo, you have made the constitution a suicide pact after all.


3 posted on 12/10/2009 2:59:05 PM PST by DeusExMachina05 (I will not go into Dhimmitude quietly.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dixie Yooper
Obama wanted the terrorist in Federal Court and this is what will happen when it gets there.
4 posted on 12/10/2009 3:00:12 PM PST by tobyhill
[ Post Reply | Private Reply | To 2 | View Replies]

To: DeusExMachina05
Yep. He didn't want to recognize the separation of powers and now we get a sneak preview of what's going to happen with the 9/11 terrorist trials.
5 posted on 12/10/2009 3:03:15 PM PST by tobyhill
[ Post Reply | Private Reply | To 3 | View Replies]

To: tobyhill
OK,who appointed her.....BillyBob?....Jimmah?
6 posted on 12/10/2009 3:03:15 PM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill
District Judge Gladys Kessler is demanding a detailed explanation of why the Pentagon failed to conduct the taping, as she had directed

Because it is war and he is an enemy combatant taken on foreign soil you twit. End of story.

Now go settle some cross-dressing metero-sexual custody battle, or whatever it is you do.


SIX CRITICAL REASONS TO NOT TRY TERRORISTS IN US COURT

7 posted on 12/10/2009 3:03:20 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gay State Conservative
It doesn't matter who appointed her because Obama made the Federal Courts involved with the military process so she's just following the letter of the law.
8 posted on 12/10/2009 3:05:15 PM PST by tobyhill
[ Post Reply | Private Reply | To 6 | View Replies]

To: tobyhill
"Obama wanted the terrorist in Federal Court and this is what will happen when it gets there. "

Sadly, this particular ruling has nothing to do with that decision, and everything to do with the Hamdan v Rumsfeld case that was decided in 2006, as well as several others.

Win the Supreme Court extended habeas to the enemy combatants, this kind of problem was unavoidable. Obama and Holder have compounded the complexity of these cases by deciding to try KSM and others in Federal District court, where these kinds of issues will become even more prevalent.

9 posted on 12/10/2009 3:11:15 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Gay State Conservative
OK,who appointed her.....BillyBob?....Jimmah?

OK, before looking, I'm going to guess G.H.W.B.

http://www.dcd.uscourts.gov/kessler-bio.html

Judge Kessler was appointed to the United States District Court for the District of Columbia in July 1994.

Nope, it was B.J.

10 posted on 12/10/2009 3:18:23 PM PST by Yo-Yo
[ Post Reply | Private Reply | To 6 | View Replies]

Executive privilege bitch...

It’s a presidential national security matter. Now go —— yourself!


11 posted on 12/10/2009 3:26:11 PM PST by DoughtyOne (A MELTING POT not a potters wheel. Join us. Don't try to turn this nation into the one you fled.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OldDeckHand

The Supreme Court should have been told it had no authority. 49 (then) Republican senators would have blocked any impeachment.

Believe me, I would applaud Obama if he made that case, even if it were on something I disagreed with, in order to reestablish the Andrew Jackson precedent. “[Chief Justice] Marshal has made his decision. Now let him enforce it.” (apocryphal or not)


12 posted on 12/10/2009 3:28:35 PM PST by UnbelievingScumOnTheOtherSide (IN A SMALL TENT WE JUST STAND CLOSER! * IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Yo-Yo

Do you suppose she had to kneel down before B. J. to get her nomination to the Federal Judgeship?????


13 posted on 12/10/2009 3:58:56 PM PST by supermop (Somebody has to clean up the mess he will leave)
[ Post Reply | Private Reply | To 10 | View Replies]

To: OldDeckHand
***However, the government notified the court on July 23 that the testimony had not been videotaped, blaming “oversight and miscommunication” for the “inadvertent” error, the order said.***

http://www.cnn.com/2009/US/12/10/gitmo.contempt/index.html

This is where I have a problem with Obama on the matter. He should have directed the Justice Dept. to tell the judge that “there is no tape, end of conversation, now F off” instead of calling everything an “oversight” or “miscommunication”.
It wasn't video taped for a reason. Probably to beat the hell out of this terrorist in order to try and find Bin Laden.

14 posted on 12/10/2009 4:04:17 PM PST by tobyhill
[ Post Reply | Private Reply | To 9 | View Replies]

To: tobyhill
"He should have directed the Justice Dept. to tell the judge that “there is no tape, end of conversation, now F off” instead of calling everything an “oversight” or “miscommunication”."

Either way, the Pentagon would have been held in contempt. She ordered DOD to videotape Al-Adahi's testimony at the merits hearing. When she asked where the video was, they could have said (like they did) "our bad, we didn't tape". Or they could have said, "go "f" yourself, we're not taping it." Either way, she's still going to slap them with contempt charges.

Her ruling also complicates their case. If she goes on to find that their behavior is sufficiently prejudicial, she could dismiss the charges with prejudice. And, that goes to my point - that was - without that Hamdan decision, the judge wouldn't have been involved in the first place.

15 posted on 12/10/2009 4:19:48 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: tobyhill

yep, exactly what will happen to each and every one of them that is sent to a civilian court.


16 posted on 12/10/2009 4:58:50 PM PST by TexasFreeper2009 (Obama lied, the economy died)
[ Post Reply | Private Reply | To 4 | View Replies]

To: tobyhill
U.S. District Judge Gladys Kessler


17 posted on 12/10/2009 6:06:53 PM PST by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

Noyfb judge


18 posted on 12/10/2009 6:09:22 PM PST by bert (K.E. N.P. +12 . Lukenbach Texas is barely there)
[ Post Reply | Private Reply | To 1 | View Replies]

To: supermop
Do you suppose she had to kneel down before B. J. to get her nomination to the Federal Judgeship?????

No.


19 posted on 12/10/2009 6:35:19 PM PST by Yo-Yo
[ Post Reply | Private Reply | To 13 | View Replies]

To: UnbelievingScumOnTheOtherSide

Very interesting fact (to learn of;) can you name the year that this comment was uttered? Thanks.


20 posted on 12/10/2009 6:47:59 PM PST by freepersup (!)
[ Post Reply | Private Reply | To 12 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-22 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson