First Military Refusal? Day 10 – January 29, 2009

Military Judge Refuses Obama’s Order To Halt Trial Of USS Cole Bombing Suspect

Military Judge James Pohl has refused the Obama administration’s order to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen.

From FOX by Catherine Herridge (emphasis added)

A military judge has refused the Obama administration’s request to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen, FOX News learned Thursday.

Judge James Pohl’s ruling throws a wrench in President Obama’s plans to suspend the military tribunal process for 120 days while the administration reviews how to close the Guantanamo Bay detention facility within the year…..

Yesterday we wrote in these pages about a Military Times survey that showe 60% of active duty personnel “uncertain or pessimistic” about Barack Obama as Commander-in-Chief. We wait to hear more from the brave Judge Pohl.

h/t drillanwr at Pat Dollard/Young Americans

Washington Post reports today (article by Peter Finn) (excerpt):

…The chief military judge at the detention center at Guantanamo Bay, Cuba, Army Col. James Pohl, said that he found the government’s arguments “unpersuasive” and that the case will go ahead because “the public interest in a speedy trial will be harmed by the delay in the arraignment.”….

“The Commission is unaware of how conducting an arraignment would preclude any option by the administration,” Pohl wrote in an opinion obtained by The Washington Post. “Congress passed the military commissions act, which remains in effect. The Commission is bound by the law as it currently exists, not as it may change in the future.”

The administration, which expected military judges to agree to its motions seeking suspension, was taken aback by the decision. Judges in other cases, including one involving five Sept. 11 defendants, had quickly agreed to the government’s request.

Also see this letter posted today at The Steady Drip: (by Zach Jones)

Obama, Oaths of Allegiance, the UCMJ, Unlawful Orders, Joe the Private, and a Call to Protect the Republic

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2 Responses to “First Military Refusal? Day 10 – January 29, 2009”

  1. Ted Says:

    The Joint Chiefs of Staff HAVE AN ABSOLUTE CONSTITUTIONAL DUTY to stand behind Guantanamo Military Judge James Pohl UNTIL OBAMA OVERCOMES “RES IPSA LOQUITUR” BY SUPPLYING HIS LONG FORM BIRTH CERTIFICATE AND PROVING HIS ELIGIBILITY TO BE PRESIDENT UNDER ARTICLE 2 OF THE US CONSTITUTION.

  2. Q. Who Vetted Obama? A. The Internet: Day 16 - February 4, 2009 « The Usurpation Chronicles Says:

    […] along comes Guantanamo judge Col. James L. Pohl who recently rejected the president’s request to halt the proceedings of the military tribunal […]

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