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Military judge defies Obama's request to suspend Guantanamo trials

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posted on Feb, 1 2009 @ 06:04 AM
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Military judge defies Obama's request to suspend Guantanamo trials


www.dailymail.co.uk

A military judge has rejected a White House request to suspend a Guantanamo hearing for the alleged mastermind of the U.S.S. Cole bombing...Obama signed an executive order directing Defence Secretary Robert Gates to ensure that 'all proceedings of such military commissions to which charges have been referred but in which no judgement has been rendered ... are halted.'...But Pohl wrote in his ruling that 'on its face, the request to delay the arraignment is not reasonable.'
(visit the link for the full news article)


Related News Links:
www.latimes.com

Related AboveTopSecret.com Discussion Threads:
Obama to Close Guantanamo and Foreign Prisons, Limit CIA Methods




posted on Feb, 1 2009 @ 06:04 AM
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Geoff Morrell, a Pentagon spokesman, told reporters that there were 'no ifs, ands or buts' about adhering to the president's executive order and that there would be: 'No proceedings continuing down at Gitmo with military commissions.

'The bottom line is, we all work for the president of the United States in this chain of command, and he has signed an executive order which has made abundantly clear that until these reviews are done all of this is on hiatus.'


www.dailymail.co.uk

An Executive Order seems pretty clear to me. But apparently this judge isn't quite seeing it the same way...

He's says on its face it is not reasonable. And the DoD is reviewing the request.

So who controls who?

From the La Times article:


Pohl pointed out that the rules for military commissions adopted by Congress in 2006 gave the military judges "sole authority" to grant delays once charges had been referred for trial.

"Technically, it's within the judge's discretion to treat this as a request or a motion on the part of the prosecutors and the government," said Carl Tobias, a law professor at the University of Richmond. "We like to think that even military judges are independent, to some extent, of the commander in chief.


Now this statement puts me in immediate self-confusion on feelings. On one hand I really agree with Obama. But on the surging other hand, the power of the President necessarily should be limited to the extent that military judges should have some independence from the White House. Or should they?
I cannot decide. I HATE that. So help me decide, ATS!

(visit the link for the full news article)

[edit on Sun Feb 1st 2009 by TrueAmerican]



posted on Feb, 1 2009 @ 06:28 AM
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