Constitutional Emergency

CONSTITUTION OR OBAMA? Military Judge Says "Constitution" Rules


Is this the first test of where military officers draw their allegiance?

Judge refuses to suspend Guantanamo trial

WASHINGTON (AFP) – A military judge at Guantanamo Bay Thursday rejected President Barack Obama's request to suspend the trial of a Saudi accused in the 2000 attack on the USS Cole, the Pentagon said.

"Judge James Pohl denied the motion" put forward by the prosecution at the request of Obama to suspend the trial for 120 days, said Defense Department spokesman J.D. Gordon, confirming a report by The Washington Post.

The October 2000 attack on the Cole left 17 people dead and injured many more.

In his first full day in office last week, Obama ordered the closure of the controversial detention center within a year and for a review of the cases of each of the "war on terror" suspects still held there.

But no decision has yet been made on what to do with the estimated 245 detainees still held at Guantanamo, most of them without charge.

Saudi defendant Abd al-Rahim al-Nashiri, 43, was due to say whether he pleads guilty or not at a hearing set for February

Views: 13

Comment by Wm. Dwain Cleveland on January 29, 2009 at 2:36pm
Editorialist and Economist Thomas Sowell remarked last year that the U.S. Military was the only hope for America to remain a Free nation. Can't argue with that observation; I'll just have to keep vigil and see if and when they need a hand taking out the trash.

Dwain Cleveland
Comment by Leisa Smith on January 29, 2009 at 2:54pm
Mr,Cleveland Amen we will be waiting with you to help carry out that trash too
Comment by WOOF on January 29, 2009 at 3:08pm
Yup, I do love playing trash causes me sadness that it will be here
Comment by 1stCavRVN11B on January 29, 2009 at 3:14pm
This seems to be getting very contentious...

Pentagon spokesman Geoff Morrell said Thursday that Pohl would soon be told to comply with Obama's executive order.

"All I can really tell you is that this department will be in full compliance with the president's executive order," Morrell said at a news briefing. "There is no ifs, ands or buts about that."

"The president has signed an executive order and that sort of puts all this on hold as we go about and review a number of things related to Gitmo, our detention operations, our interrogation procedures," he continued.

"And so, while that executive order is in force and effect, trust me that there will be no proceedings continuing down at Gitmo with military commissions," he added.

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 JAG Corp is finally judging the enemy instead of our own troops (remember Haditha charges) and Obama pulls the rug out from under them. I've always read about the majic carpet, but now it almost seems believable.
Comment by Sharon on January 29, 2009 at 5:57pm
Woof - count me in when it comes to taking out the trash. One of the most dangerous creatures on earth is a mother who is standing in front of her kids. This is no slam against males or fathers. I just do not want Obama's America for me and mine or for anyone else..
Comment by DJ "El Gato" Czerniejewski on January 29, 2009 at 6:46pm
You go, Judge Pohl!


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