Military Judge Refuses Obama’s Order To Halt Trial Of USS Cole Bombing Suspect
FOX:
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.
by Catherine Herridge
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.
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.
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 October 2000 attack on the USS Cole killed 17 service members and injured 50 others.
(H/T AZ Patriot)
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Good for the Judge, at least he has some idea of JUSTICE! Too bad the criminals in the pentagon are going to make his life hell.
Obama is just a crook, a terrorist sympathizing crook.
Judge James Pohl has a set.
We are now seeing the cracks appear that may well lead to a military removal of the foreign born fraud that some refer to as the President.
I wrote about the possibility of military refusals in yesterday’s post at The Usurpation Chronicles. We’ll need to hear from the judge before we can say this action is the result of Obama’s usurpation.
http://obamatheusurper.wordpress.com
very nice…we shall see who wins…fingers are crossed this is the beginning of the end for the usurper!!!!! TAKE OUR Country back from the anti-americans!
Justice delayed, is not justice. This judge should be commended, no doubt, that took a lot of guts.
The most likely outcome: the Convening Authority will withdraw the charges, without prejudice. This will take the case out of the military judge’s hands.
The executive order instructed SecDef to ensure “all proceedings pending in the United States Court of Military Commission Review, are halted.”
Withdrawing charges is the way to halt the proceedings. Just a prediction.
That judge will be among the first in the USSA gulags.
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.
I thank God for Pat Dollard daily…post your video on this site!
buckweat and his first sasquatch are the terrorist best friends.this fraud is not fit to lead america i think tar and feathers would be appropreit send off.
BZ Col Pohl! They roll and they clank baby!
Perhaps “The One’s” crack legal team should familiarize themselves with the terms “unlawful command influence” and “The independent discretion of a military judge”.
Pat,
Here is something to ponder.
HOW DOES A SOLDIER DECIDE HOW TO PROTECT AND DEFEND THE CONSTITUTION WHEN IT APPEARS TO THE SOLDIER THAT THE PRESIDENT IS NOT CONSITUTIONALLY ELIGIBLE?
Answer: without disobeying an order, the soldier can bring a law suit alleging the POTUS is not eligible. The soldier has standing in that he is suffering an “injury in fact” and is also in danger of breaking his oath to protect the Constitution.
THE SOLDIER HAS TAKEN AN OATH TO UPHOLD THE CONSTITUTION. HOW DOES HE HONOR THAT OATH IF HE BELIEVES THE COMMANDER IN CHIEF IS NOT REALLY CONSTITUTIONALLY ELIGIBLE?
This is the key question each soldier is facing now.
The soldier(s) must bring a law suit asking the Federal Courts to address the issue.
They don’t have to disobey any law or command to do this. They can continue following their superior officers while also bringing an action in Federal Court.]