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Washington - Military Judge Refuses Obama Administration's Order to Halt Trial of USS Cole Bombing Suspect |
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Washington - 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.
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.
Pohl's decision is striking because two other military judges in a Sept. 11 conspiracy case and in the case of Canadian Al Qaeda operative Omar Khadr agreed to suspend proceedings in accordance with Obama's recent executive order, which put a hold on all military tribunals.
Al-Nashiri's arraignment is scheduled for Feb. 9 at Guantanamo Bay. A Defense Department spokesman said the only thing now that can stop the court appearance from going forward is a withdrawal of the charges without prejudice by Judge Susan Crawford, head of the convening authority that oversees the entire process at Guantanamo.
If the charges are dropped without prejudice, new charges could be brought in another venue, possibly a military court martial or criminal court.
The October 2000 attack on the USS Cole killed 17 service members and injured 50 others.
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Read Comments (20) — Post Yours »
1
Jan 29, 2009 at 11:55 AM The Truth Says:
Way to go Judge Pohl!
2
Jan 29, 2009 at 12:06 PM George Bush Says:
That's a smack in the face to the Obama administration
3
Jan 29, 2009 at 12:57 PM Anonymous Says:
The NY Post reports that if the terrorist must be freed within 30 days if there are no new charges. If this guy goes free Obama should be tried for treason. Someone who kills Americans should get the justice that is deserved.
Obama also wants to free the two people directly responsible for the world trade center attacks. If a president can actually free someone who killed 3,000 people on Septemeber 11th then we have a president which is sick in the head and is a terrorist himself.
4
Jan 29, 2009 at 12:33 PM Anonymous Says:
This idiot really thinks he is a judge. He is nothing more than a hearing officer, similar to a guy who conducts a hearing on your NYC parking ticket. He could and should be dismissed for non-subordination. This country has Commander-in-Chief, and Mr. Obama, like him or not, is the person ultimately responsible for the conduct of military tribunals.
5
Jan 29, 2009 at 01:02 PM Anonymous Says:
Now Obama has to get back on the Judge. You know what he said to a Senator, "I won". What's he gonna do? How is he gonna get back?
Oh! maybe he'll give clemancy to the terrorist.
6
Jan 29, 2009 at 01:31 PM Yankel Says:
This Hussain guy will bring this country to its knees in less than 4 years
7
Jan 29, 2009 at 02:11 PM Abe Says:
This is a great piece of news. I don't know the legalities of his power to deny the President's request., but it is a step in the right direction. Try as many of these guys as you could before Obama sets them free. Hopefully others follow in this judge's footsteps, if it's legal.
8
Jan 29, 2009 at 02:08 PM Anonymous Says:
“ The NY Post reports that if the terrorist must be freed within 30 days if there are no new charges. If this guy goes free Obama should be tried for treason. Someone who kills Americans should get the justice that is deserved.
Obama also wants to free the two people directly responsible for the world trade center attacks. If a president can actually free someone who killed 3,000 people on Septemeber 11th then we have a president which is sick in the head and is a terrorist himself. ”
Which two terrorist is Obama trying to free?
9
Jan 29, 2009 at 01:56 PM yossel Says:
“ This idiot really thinks he is a judge. He is nothing more than a hearing officer, similar to a guy who conducts a hearing on your NYC parking ticket. He could and should be dismissed for non-subordination. This country has Commander-in-Chief, and Mr. Obama, like him or not, is the person ultimately responsible for the conduct of military tribunals. ”
lets close up all the jails
every murderer and gangster go free!
and obama will go around with 100 security guards and bullet proof cars.
all citizens should should look for another country?
10
Jan 29, 2009 at 02:32 PM Anonymous Says:
This judge is completely right, both legally and morally. The Constitution of the United States guarantees something called Separation of Powers of the three branches of government - the executive, judiciary, and legislative. The President of the United States therefore has absolutely no power whatsoever to direct a court how to rule or what orders to make. Therefore, Judge Pohl, who is part of the judiciary, is not bound by an unconstitutional exececutive order on that is attempting to control how he rules. As I am an attorney, I will only entertain rebuttals from other attorneys. Thank you.
11
Jan 29, 2009 at 02:56 PM Anonymous Says:
“ This judge is completely right, both legally and morally. The Constitution of the United States guarantees something called Separation of Powers of the three branches of government - the executive, judiciary, and legislative. The President of the United States therefore has absolutely no power whatsoever to direct a court how to rule or what orders to make. Therefore, Judge Pohl, who is part of the judiciary, is not bound by an unconstitutional exececutive order on that is attempting to control how he rules. As I am an attorney, I will only entertain rebuttals from other attorneys. Thank you. ”
As much as I am against Obama this is not the judicial branch of the Constitution this is a military tribunal that are under the executive branch
12
Jan 29, 2009 at 02:55 PM Charlie Hall Says:
“ This judge is completely right, both legally and morally. The Constitution of the United States guarantees something called Separation of Powers of the three branches of government - the executive, judiciary, and legislative. The President of the United States therefore has absolutely no power whatsoever to direct a court how to rule or what orders to make. Therefore, Judge Pohl, who is part of the judiciary, is not bound by an unconstitutional exececutive order on that is attempting to control how he rules. As I am an attorney, I will only entertain rebuttals from other attorneys. Thank you. ”
You are incorrect. The "judge" is not in the judicial branch but a military officer in the executive branch. He will follow the direct order of the President, or he will be relieved of his position and possibly face a court-marshall.
13
Jan 29, 2009 at 02:51 PM Anonymous Says:
can't wait for savage tonight
14
Jan 29, 2009 at 03:29 PM Anonymous Says:
“ This idiot really thinks he is a judge. He is nothing more than a hearing officer, similar to a guy who conducts a hearing on your NYC parking ticket. He could and should be dismissed for non-subordination. This country has Commander-in-Chief, and Mr. Obama, like him or not, is the person ultimately responsible for the conduct of military tribunals. ”
It's called insubordination!
15
Jan 29, 2009 at 05:08 PM Anonymous Says:
Though I believe the "judge" was legally incorrect on this one, and may be in serious trouble now, he gave Obama a wake up call ...... the question is, "Did he get through, or did he get a busy signal?"
16
Jan 29, 2009 at 05:00 PM Anonymous Says:
“ This judge is completely right, both legally and morally. The Constitution of the United States guarantees something called Separation of Powers of the three branches of government - the executive, judiciary, and legislative. The President of the United States therefore has absolutely no power whatsoever to direct a court how to rule or what orders to make. Therefore, Judge Pohl, who is part of the judiciary, is not bound by an unconstitutional exececutive order on that is attempting to control how he rules. As I am an attorney, I will only entertain rebuttals from other attorneys. Thank you. ”
I sure would not hire you as my attorney if you don't know the difference between the judicial branch & the military
17
Jan 29, 2009 at 06:56 PM Elections Have Consequences Says:
We tried warning you about this Osama Obama and since you didnt listen we are stuck with him for 4 years.
Look at the bright side..... Only 1374 days till the Nov 2012 elections!
18
Jan 29, 2009 at 09:42 PM Anonymous Says:
“ This judge is completely right, both legally and morally. The Constitution of the United States guarantees something called Separation of Powers of the three branches of government - the executive, judiciary, and legislative. The President of the United States therefore has absolutely no power whatsoever to direct a court how to rule or what orders to make. Therefore, Judge Pohl, who is part of the judiciary, is not bound by an unconstitutional exececutive order on that is attempting to control how he rules. As I am an attorney, I will only entertain rebuttals from other attorneys. Thank you. ”
I am not an attorney but am thoroughly enjoying this judge fighting back against the most powerful man on earth. Or so he thought.
19
Jan 30, 2009 at 10:49 AM Abe Says:
What would barney frank say about this? There is a rumor on the hill now that barney frank wants to fire lipa, do you guys have any thought about that.
20
Feb 02, 2009 at 01:36 AM Anonymous Says:
“ This idiot really thinks he is a judge. He is nothing more than a hearing officer, similar to a guy who conducts a hearing on your NYC parking ticket. He could and should be dismissed for non-subordination. This country has Commander-in-Chief, and Mr. Obama, like him or not, is the person ultimately responsible for the conduct of military tribunals. ”
First, the word is insubordination. Secondly the Commander in chief is also bound by the law. Remember he swore to uphold the constitution? he has no business interfering in the legal process of those who have sworn to destroy this country. Kudos to the judge!