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Judge: Obama sex assault comments 'unlawful command influence'
stars and stripes ^

Posted on 06/14/2013 12:45:30 PM PDT by Perdogg

Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of “unlawful command influence” derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week

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


TOPICS: Breaking News; Foreign Affairs; Government
KEYWORDS: 0bamariggingamerica; benghazi; commandinfluence; consequencecrackhead; fastandfurious; gaffes; impeachnow; irs; maybealittleblow; military; militarysexscandal; obama; obamagaffes; obamamilitary; obamariggingamerica; obamasfault; sexualassault; uci
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To: cherry

Not saying this is positive, but a case where the judge is following the law. Improper command influence must have consequences, just as an unlawful search and seizure does in civilian courts. The judge may not like the decision he reaches, but if the law clearly compels him to do so, then I’m OK with his decision. I will gladly take a judge who follows the law rather than makes, repeals, disregards or ignores the law as it exists.


41 posted on 06/14/2013 2:01:37 PM PDT by henkster (The 0bama regime isn't a train wreck, it's a B 17 raid on the rail yard.)
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To: Perdogg

If the cases were male on male, 0b0z0 actually protected them!

He’s supposedly a lawyer, albeit a lousy, non-licensed one.

All I Hawaii = all in the family


42 posted on 06/14/2013 2:03:08 PM PDT by melancholy (Professor S. Alinsky, Fleet Maintenance, White Hive Trolley Bosses)
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To: melancholy

All I -——> All in


43 posted on 06/14/2013 2:05:17 PM PDT by melancholy (Professor S. Alinsky, Fleet Maintenance, White Hive Trolley Bosses)
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To: Perdogg

Ha Ha, “O” is a dip $hit


44 posted on 06/14/2013 2:25:24 PM PDT by thegrump
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To: Hulka

I was thinking the same thing.


45 posted on 06/14/2013 2:32:49 PM PDT by Rusty0604
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To: BuckeyeTexan

The defense attorney (or military equivalent) for these guys was an evil genius. Seriously.


46 posted on 06/14/2013 2:54:45 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: The Antiyuppie
The ruling sets the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military.

Wow. bama really messed things up.
47 posted on 06/14/2013 3:04:03 PM PDT by Girlene
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To: Perdogg

I guess the beer garden episode didn’t teach him a lesson, eh?


48 posted on 06/14/2013 3:05:21 PM PDT by Rocky (Obama is pure evil.)
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To: Perdogg

Perhaps they should come to the same conclusion with George Zimmerman - Obama did say that if he had a son, “Trayvon the Saint” would look like him. I don’t recall, but I’d bet he also said some other tripe about justice and such.


49 posted on 06/14/2013 3:09:03 PM PDT by trebb (Where in the the hell has my country gone?)
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To: Perdogg

I’m sure Obama will say he has no tolerance for judges who claim Obama said something wrong. He will probably try to have this judge removed or maybe a very intrusive IRS audit will be visited upon him and his family. This guy is worse than Nixon as far as using the federal gov’t to go against his enemies.


50 posted on 06/14/2013 3:11:22 PM PDT by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: BlatherNaut

So Obama purposely corrupted the legal process in the military so the homosexual rapes could not be prosecuted.


51 posted on 06/14/2013 3:15:34 PM PDT by petitfour
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To: henkster
Not saying this is positive, but a case where the judge is following the law. Improper command influence must have consequences, just as an unlawful search and seizure does in civilian courts. The judge may not like the decision he reaches, but if the law clearly compels him to do so, then I’m OK with his decision. I will gladly take a judge who follows the law rather than makes, repeals, disregards or ignores the law as it exists.

So if a commander wants a defendant to be let off, all he has to do is perform an instance of "improper command influence"?

A better response to "improper command influence" might be to immediately transfer the commander.

52 posted on 06/14/2013 3:38:15 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: driftdiver
"The ruling sets the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military."
53 posted on 06/14/2013 3:44:42 PM PDT by Track9 (hey Kalid.. kalid.. bang you're dead)
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To: Perdogg

The president can insist that the accused by tired or court martialed. He cannot insist that the members find the accused guilt and have him “stripped of his positions, fired, dishonorably discharged. Period”... at least not under our current system.


54 posted on 06/14/2013 3:46:41 PM PDT by HapaxLegamenon
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To: yoe
The same should hold for The Trayvon -Zimmerman trial.

Not exactly. The members of the Court Martial are all under Obama's change of command. Moreover, the Convening Authority who summons the Court Martial and approves or sets aside its findings is a high ranking officer (O-6 or higher). He is especially sensitive to Obama's wishes because if he goes against them, his military career is over. Obama maintains executive power over the entire military.

In the Trayvon-Zimmerman case, the judiciary is under no such threat of influence but is completely separate from executive power.

55 posted on 06/14/2013 3:57:43 PM PDT by HapaxLegamenon
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To: apillar

“Could you imagine if this was Bush?”

Sounds like a good working title for a book.


56 posted on 06/14/2013 3:58:31 PM PDT by Zuse
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To: Conscience of a Conservative; All
"...and is far outweighed by the fact that this only benefits personnel who are conficted of despicable crimes."

Bingo. That stated..... does anyone here really think that Obama erred in his comment on this matter? Really? I think he knew exactly what he was saying... and why. Hell, he just appointed a woman as Deputy CIA Director that enjoys reading erotic fiction....PUBLICLY. His best bud, Rahm was a "friend" back at the Chicago gay bath houses. Half of his cabinet and administration are either commies, criminals or perverts of some form and fashion.

Just sayin....

57 posted on 06/14/2013 4:02:06 PM PDT by XenaLee (The only good commie is a dead commie.)
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To: Perdogg

Isn’t his entire occupancy of our White House able to be summed up by that: unlawful command influence?


58 posted on 06/14/2013 4:17:13 PM PDT by OldNewYork (Biden '13. Impeach now.)
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To: brityank

Good point. Does anyone think Obama has even heard of the UCMJ?


59 posted on 06/14/2013 4:56:53 PM PDT by Makana (Notice: A copy of this message is being filed with the NSA.)
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To: a fool in paradise

Actually a lot of this stuff is Obama’s fault. He’s the guy who wanted gays in the military and now he’s got his 20% increase in male on male sexual attacks ~ must put a smile on his face.


60 posted on 06/14/2013 4:57:54 PM PDT by muawiyah (ui)
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