Obama GITMO order rebuffed

Posted: Thursday, January 29, 2009 12:40 PM by Mark Murray
Filed Under: White House, Security, Jim Miklaszewski

From NBC's Jim Miklaszewski

U.S. military officials confirm that a military judge at Guantanamo Bay has refused the Obama administration's request to suspend the military commission proceedings for one of the detainees for 120 days.

The judge is presiding over the case of Abd Al Rahim al-Nashiri, a Saudi accused in the October 2000 bombing of the U.S.S. Cole that killed 17 American sailors. The officials could not immediately comment on why the judge refused to suspend the proceedings.

The officials point out that the administration's request was to suspend legal proceedings in 14 separate cases now in progress before the military commissions, and this judge's ruling pertains only to Nashiri's case.

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Comments

Robert, Beckley, WV (Sent Thursday, January 29, 2009 12:49 PM)

I have set up a donation website for George and Cindy Anthony. The donations will no be used for Casee's defense or expenses. This money is only to be used to help George and Cindy with their mortgage, utilities, groceries, gas, etc....They have been hounded by the media 24 hours a day. Ask yourself, would you be able to work under these difficult and heartbreaking conditions? I have compassion for George and Cindy, they are going through something that nobody else has gone through. Despite how you feel about their daughter, this nightmare was thrust upon them and it is not their fault. They are experiencing both a parent's and grandparen'ts worst nightmare. Nobody has walked in their shoes, so we don't know how we would handle this situation. If you would like to donate to George and Cindy Anthony, the website is: http://dezinerdeals.blogspot.com/

Jennifer Kynett, Akron Ohio (Sent Thursday, January 29, 2009 12:54 PM)

I hope he has his resume in order. You don't say NO to BO. Long live the OBAMA NATION!!

Karl NH (Sent Thursday, January 29, 2009 12:56 PM)

First in a long line of Obama rebuffs coming from the Judiciary branch. Obama somehow thinks he is above the law. Guess Barry wants to learn some lessons the hard way.

P. Mason, CA (Sent Thursday, January 29, 2009 12:56 PM)

Hey, who's the commander in chief here anyway? Bush had no problem cashiering military officers who defied him...Obama should start flexing some musclee instead of appeasing the same rightwingnuts who brought us this mess

Rick, NC (Sent Thursday, January 29, 2009 12:57 PM)

Isn't it strange that Obama wants to be friends with the terrorists, and he picks fights with Limbaugh. Weird.

Draw The Line (Sent Thursday, January 29, 2009 12:57 PM)

'Judge', you got a new BOSS
'Judge', the door is that way
Don't let it hit you on the way out !!

Time to stop these 'Star Chamber' proceedings
They have no validity under the law
Since when does torture play a part in legal proceedings ?
How are we any better than a dictatorship when we use torture and abandon the rule of law ?

We used to say theat the Army is just like the Boy Scouts
(except the Scouts have adult leadership)

MSierra, SF (Sent Thursday, January 29, 2009 12:57 PM)

eagle1776 (Sent Thursday, January 29, 2009 12:57 PM)

I'm sorry, Obama, my main man, but you can't always get what you want. Seems that someone over-ruled you
Can you handle that? Do you need medication?

Your friend, Palomino (Pal o mine)

Palomino (Sent Thursday, January 29, 2009 12:57 PM)

Its about time soemone stood up to Hussein Obama. Thank god this fine American christian soldier stood up to the muslim black man.

The Grand Wizard (Sent Thursday, January 29, 2009 12:59 PM)

Some judge is going to be getting a good looking over of his tax files for the past 20 years.

Crissy Meth (Sent Thursday, January 29, 2009 12:59 PM)

I wonder why that was done. Was there any rules cited by the judge (or the administration for suspending the trials)? Did the request from the administration only pertain to those found in Iraq and Afghanistan?

S.B. Stein E.B. NJ (Sent Thursday, January 29, 2009 1:00 PM)

Obviously an oversight by the judge. Doesn't look like he got the memo saying Obama was now our new King.

Joe Pederson, Albany NY (Sent Thursday, January 29, 2009 1:01 PM)

Interesting, can't wait to see how this plays out.

It seems like this site has gotten more popular of late. Could it be Chuck's new prominence?

I love all of the back and forth; but I can't really keep up any more. Good luck to my favorites - I'll try and read some on the weekends. donna, not sure what happend to you; but I hope you are well. Eric, CA, Anna Molly, Nashville_Fan, Jackson, Mark (where've you been), Pat (Boston, Huntington), subgruvet (where've you been), Gary Schear, Paul Miller, J.Ellis, too many more to list - I've enjoyed the banter. Keep the faith!

Inaug. photos - if interested,...

http://www.flickr.com/photos/clarakcmo/

Clara Kansas City, MO (Sent Thursday, January 29, 2009 1:03 PM)

Little boys who cry 'Wolf'

TOLD YA SO !!!

'...Deters had claimed concrete evidence of widespread wrongdoing.'...'

Concrete, huh ?
Jsut like the WMDs ??
Another Republican RED HERRING !!

...SOMETHING TO REMEMBER IN 2012....

Last year, Ohio's Joe Deters was the regional chairman of the McCain/Palin campaign, and was also a prosecutor in Hamilton County. Like a lot of Republican activists, he became convinced that there was widespread voter fraud underway in Ohio.

A special prosecutor looked into Deters' claims and reviewed 600 accusations of fraud. Take a wild guess what the investigation turned up. (via Mark Kleiman)

Hamilton County Prosecutor Joe Deters said he had allegations last fall of widespread voter fraud -- allegations a special prosecutor reported Tuesday were wrong, noting the only voter fraud found was from a Connecticut man who told on himself.

"Ultimately," Special Prosecutor Michael O'Neill wrote in a report, "the investigators discovered 'get-out-the-vote' practices, sponsored by community organizations, which took full advantage of this unique absentee-voting period, but no evidence these practices violated Ohio law."

"Told ya so," Tim Burke, chairman of the Hamilton County Democratic Party as well as chairman of the Hamilton County Board of Elections, said with glee of O'Neill's report. "Do I think (Deters) was playing politics? Damned right."

Deters had claimed concrete evidence of widespread wrongdoing. It apparently wasn't as concrete as he'd hoped.

And what about the one guy O'Neill found committed actual fraud? It seems a young man from Connecticut was in town to visit his sister, and went to the University of Cincinnati where he registered to vote and voted on the same day. A week later, the man felt guilty, called county elections officials, explained what he'd done, and asked that his vote not be counted. It wasn't.

What's more, for those who are curious, the special prosecutor who investigated the matter is himself a Republican.

Something to keep in mind the next time conservatives get hysterical about "voter fraud" claims...'

This is how the Republicans try to intimidate minorities from voting

Republican 'voter suppression' has been going on for ages

MSierra, SF (Sent Thursday, January 29, 2009 1:03 PM)

U.S. military officials confirm that a military judge at Guantanamo Bay has refused the Obama administration's request to suspend the military commission proceedings for one of the detainees for 120 days.

The judge is presiding over the case of Abd Al Rahim al-Nashiri, a Saudi accused in the October 2000 bombing of the U.S.S. Cole that killed 17 American sailors. The officials could not immediately comment on why the judge refused to suspend the proceedings.

The officials point out that the administration's request was to suspend legal proceedings in 14 separate cases now in progress before the military commissions, and this judge's ruling pertains only to Nashiri's case.

My Comment: This judge is disrepctful and should be removed and delt with accordingly. It doesn' matter who's case we was presiding over, an order is an order. Bush is no longer President and they can no longer do as they please.

Anita, Birmingham, Alabama (Sent Thursday, January 29, 2009 1:04 PM)

"U.S. military officials confirm that a military judge at Guantanamo Bay has refused the Obama administration's request to suspend the military commission proceedings for one of the detainees for 120 days."

!!!!ing WHAT? A military officer "refused." Under Bush the droolers would demand his head.

And who, exactly, put themself over the law? The right wing has a memory as long as my ....

Install another republican! Before sanity returns! (Sent Thursday, January 29, 2009 1:04 PM)

Can't wait for Eric Holder to override this one,...

And Justice for All (Sent Thursday, January 29, 2009 1:04 PM)

Tombstone Shadow (Sent Thursday, January 29, 2009 1:04 PM)

OK...

This is really starting to urk me. These people act like they do not have to listen or consider things the new president says or wishes, as they have done with all the previous presidents.

It is starting to leave a stinch in the air. I do not want to say it is because they don't want to take orders from "THIS" president... Is it always going to be about race...?

I know, I didn't want to say it out loud, but I know it's what you are thinking too. What do they want this man to do? He is trying new things to help us ALL, but others are afraid to try because it just may work and he will get some of the credit.

"All" of the republicans should have been voted out of office!
Maybe we would have a chance at a better world...

***

Hopeful, Mid-West (Sent Thursday, January 29, 2009 1:05 PM)

Obama extends his hand to the GOP when he KNOWS he won't get any support for the Stimulus.

It's like Right to Life extending it's hand to Planned Parenthood. You know it's not gonna happen.

This was another stupid ploy by Baby Barack to show the unfriendliness of the GOP. Sorry it backfired on him.

Moon Dawg (Sent Thursday, January 29, 2009 1:10 PM)

Not following the orders of the Commander In Chief? Courtmartial time for the military judge. After which he can be shot as a traitor. The example must be set. Like it or not Obama IS the Commander In Chief.

eagle1776

After such, maybe take a re-vote on that stimulus bill. It will be unanimous this time I bet. Just like when Saddam was President.

Bo Watson, GA (Sent Thursday, January 29, 2009 1:10 PM)

Right in the middle of the Limbaugh 3 hour show I'm taking time to blog on First Read. Is that extending my hand or what?

Rush vs. Obama on tonight's Hannity ... 9 PM.

Bad Chihuahua (Sent Thursday, January 29, 2009 1:14 PM)

This blurb does not give us enough information to understand what happened here. A single ruling is probably insignificant, and in some ways it makes sense if the adjudication is already underway, unless there was some specific cause shown for why the proceedings should be suspended. Was there or wasn't there?

^^^^^^^^^^^^^^^

To C A ~ (From another thread) (3d attempt)

We were most certainly being mocked, C A. But not to worry. It's all hat and no cattle, if you ask me.

"I might rise above, I might go below
Ride with the tide and go with the flow ...."
~ (Carly Simon - Mockingbird)

Anna Molly (Sent Thursday, January 29, 2009 1:17 PM)

Draw The Line):
Terrorist? Americans aren't chickens Bush's policies and actions brain washed a lot of people. Haven't you been paying attention? We were given "fase terror reports" and a lot of "those people that you choose to hate as a nation...some are citizens in the US, some were soldiers in our military that gave their life for this country.

Read your history...after the attack on Pearl Harbor how may innocent Oriental citizens were rounded up and placed in camps...right here on this soil.

What so ever man think's, that he is.

Anita, Birmingham, Alabama (Sent Thursday, January 29, 2009 1:18 PM)

Tough rebuff for Obama.

Heart of mine ... be still.

Sarah in Cincinnati (Sent Thursday, January 29, 2009 1:20 PM)

An independent judiciary is essential to our system of ordered liberty, including those who preside over military commissions. I am an enthusiastic supporter of Obama, but I do not understand how a constitutional scholar turned president can order a court to suspend proceedings. If I have missed something here, someone please educate me.
Robert, Beckley, WV (Sent Thursday, January 29, 2009 12:49 PM)

---------------------------------------------

Plain and simple, this is a military tribunal as established by the Bush Administration for prisoners at Gitmo. It is not subject to the same conditions as a regular criminal or civil proceeding.

...and, no, it was not an order. It was a request. An order to suspend the proceedings may still be on the way.

Pete - Albany, NY (Sent Thursday, January 29, 2009 1:25 PM)

Oh! Oh! Say goodbye, Judge. That's the door.
You must be an a**hole to not remember that you do not rebuff orders from your commander-in-chief.

Another Military Judge (Sent Thursday, January 29, 2009 1:28 PM)

The majority of military personnel have been brainwashed (or worse) into believing that the Republican party must be supported no matter what. You want a promotion (especially officers) you had damn well better not let anyone know that you don't sympathize or support any other party. In spite of what McCain constantly stated, the Republicans do NOT care about "country first"! The judge has not received the news that Bush is no longer in office and McCain/Palin got their asses "whupped"!

A.Brocco,Albuquerque,NM (Sent Thursday, January 29, 2009 1:28 PM)

Robert, Beckley, WV:'... If I have missed something here, someone please educate me...'

Robert, these 'trials' have been tainted with the use of torture
Do you know of any trials that incorporate torture among the Western Democracies ?
They don't even meet military trial specifications because the Bush Admin and Congress 'updated' the rules and decided we didn't need to conform to the Geneva Conventions

does that help ??

MSierra, SF (Sent Thursday, January 29, 2009 1:29 PM)

It seems to me that the Dems have forgotten that, they took over two years ago and they are the ones that put us in this mess. Not the republicans nor Pres. Bush. Obama will fail and when he does it will be the best day of our lives.

Republicans are more for the people and the dems are more for the rich! Hello !!!!!!!!!!!!!!!!

Paul Cates (Sent Thursday, January 29, 2009 1:30 PM)

I always said during the primaries and the general election camapaign that there was a side lying dormant in Obama that you do not want to mess with. When Obama jokingly asked some Republicans the other day during a meeting on the Stimulus Plan "Who Won", that was the other side of Obama laughing at their silliness? But if that side of Obama ever loses its humor I would not want to be on the end of Obama's wrath. Let's hope this judge will be able to reach down into his pants to discover that he still has his balls after this.

C A, Tuscaloosa, AL (Sent Thursday, January 29, 2009 1:35 PM)

Oh really...guess this judge thinks we're still living on Tara perhaps? Hahaha We'll see...

Keep Watching (Sent Thursday, January 29, 2009 1:36 PM)

Obama is the commander-in-chief. This does not give him ultimate power over the judge just because the judge is a military officer. This would be a conflict of interest. What confidence could you have with a military trial if anyone who outranked your judge could order how he proceeded over his courtroom or what judgement was to be handed down. The Manual for Courts-Martial rules the military court, not the Commander-in-Chief. Go back to Social Studies class - its called separation of powers. Or maybe y'all skipped that day??

Leigh, Coshocton, OH (Sent Thursday, January 29, 2009 1:40 PM)

While every day behind bars and barbed wire matters to the person being held, I think it likely that justice and due process will eventually come to all the Gitmo detainees, whatever this judge's justifications or motivations. ALL HUMANS deserve due process under just law, if only to protect those being held who are NOT guilty.

And before you increasingly-irrelevant right-wing huffandpuffers assume that those of us who hold these views are liberal terrorist sympathizers, most of us also think it likely that many if not most of those being held there are guilty of something. They deserve JUST punishment. But due process is there to protect the innocent and provide just punishment for the guilty.

You say only the "worst of the worst" are in Gitmo. What you really mean is, the ALLEGED worst of the worst are there. Or do you not believe in "innocent until proven guilty"? Such ideals make America the great nation it is, but only if we actually live and practice these ideals - every time.

Charlie Tallahassee (Sent Thursday, January 29, 2009 1:43 PM)

"All" of the republicans should have been voted out of office!
Maybe we would have a chance at a better world...

***
Hopeful, Mid-West
&&&&&&&&&&&&&&&

I agree. One party rule worked well for me for nearly 50 years.

F. Castro, South of Florida (Sent Thursday, January 29, 2009 1:44 PM)

The Bush Error, uhm I mean Era is over judge. Mind your p's and q's.

Beverly in Chicago (Sent Thursday, January 29, 2009 1:47 PM)

First in a long line of Obama rebuffs coming from the Judiciary branch. Obama somehow thinks he is above the law. Guess Barry wants to learn some lessons the hard way.
P. Mason, CA (Sent Thursday, January 29, 2009 12:56 PM)
____________

Yeah, next thing you know, he will be declaring war for no reason and wiretapping anyone he chooses.

Jackson, Seattle (Sent Thursday, January 29, 2009 1:49 PM)

It was a REQUEST not an order. Maybe it was too far along to stop. I am sure an officer in our fine military weighed the REQUEST and continued with good reason.

Luigi (Sent Thursday, January 29, 2009 1:50 PM)

First the order was for a suspension of trials, not a dismissal of charges. This would mean that the suspects would remain in custody for the time of a review of the cases.

Second this is not a judge in the justice department, this is a military judge. A military judge follows the orders of his Commander in Chief, or he resigns.

If a Military Judge cannot follow orders, he should be dismissed, taken down a rank, and forced to retire.

lj9283, FL (Sent Thursday, January 29, 2009 1:50 PM)

Sorry, but when the last blog hit over 300 posts I can't keep up ... won't keep up. It's a waste of time reading cry baby liberal posts complaining that those awful Republicans rebuffed them. Hey, the Stimulus passed. It's awful, but it passed. Now the responsibility falls DIRECTLY on Obama's shoulders.

Tombstone Shadow (Sent Thursday, January 29, 2009 1:04 PM)

____________

And if you had read more than 3 or 4, you would have seen crying from *both* sides of the aisle. But hey, why let facts get in the way of your partisan rhetoric, right?

Jackson, Seattle (Sent Thursday, January 29, 2009 1:51 PM)

Y'all never posted me yet why start now

Luigi (Sent Thursday, January 29, 2009 1:51 PM)

My guess is that the military judge knows more about this case than we do.

Richard, Washington State (Sent Thursday, January 29, 2009 1:54 PM)

President Obama isn't stepping out of bounds but he may be learning about the political realms we have-Lets not foregt the Cheney and Bush broke about every single law or regulation pertaining to the war.
s

Sophia Beck (Sent Thursday, January 29, 2009 1:56 PM)

President=Executive

Judge=Judiciary

How would you like it if Obama ordered the Judge presiding over Blagojevich to stand down?

Mike (Sent Thursday, January 29, 2009 1:58 PM)

We don't know the whole story and the whys and whatnots but my first reaction is: kudos to the military judge!!! Leave military and defense to those knowledgeable about it. Obama does not "know all" and people should not just bend over for him when it is not in the best interests of this country.

Opinion from MI (Sent Thursday, January 29, 2009 1:58 PM)

I kept noticing a pattern and went back on the initial news reports to check on a hunch. If you go by the story line above..."U.S. military officials confirm that a military judge at Guantanamo Bay has refused the Obama administration's request to suspend the military commission proceedings for one of the detainees for 120 days." The part that kept bothering me was the phrase ..."Obama administration's request". So I went back and read all of the previous news reports I could find. They all read the same way that President Obama had "requested a suspension of all military commission procedings". I have never found the wording for an executive order or an order of any kind. So, is it an order, or a request? And if it is a request my assumption is that the military can take the request under advisement and act on it as they see fit for the situation at hand. Also from a legal standpoint, once a trial has started, in order to retain judicial prudence by statute, the trial must be concluded and only stopped once a mistrial can shown to be necessary. Even the president cannot just stop a trial in the middle because he doesn't like the potential outcome or the forum under which it is being held. Furthermore, these military commissions were begun under senate approval (that approval being given by and after the democratic majority was reached in both the house and the senate). Someone pleasse show me an executive order from the president that actually exists that demands the immediate stopping of the current proceedings and not a request for a stop.

James C. Rickettt, Tampa, Fl (Sent Thursday, January 29, 2009 2:14 PM)

A military judge disobeying an order from the Commander in Chief? Sounds like the judge needs to have the UCMJ applied to him since he is disobeying an order.

Terry, Disabled Vet, Des Moines, IA (Sent Thursday, January 29, 2009 2:30 PM)

My understand of military law is that military judges are the equivalent of the independent civilian judiciary, for the protection of whoever or whatever is being tried. I strongly suspect the GITMO tribunals are systemically unconstutional, but that itself is a question for the courts. The existence of that question does not give the President the authority to intervene in a SPECIFIC trial. I will require further education on this point, apparently.

Robert, Beckley, WV (Sent Thursday, January 29, 2009 2:33 PM)

Leigh, Coshocton, OH (Sent Thursday, January 29, 2009 1:40 PM)

Leigh:

I always found that what was taught in social studies or history often did not match reality. And in reality the Commander and Chief does have complete authority over military personnel, including this judge. If the Commander and Chief asks or tells a member of the military to jump they ask how high. In this case Obama asked this judge to postpone the trials, he did not order him too. That would have been GWB's style. Now we shall wait and see how Obama responds to this, but if he so desired, he could orer the postponement of these trials. Military courts are not protected by separation of powers as the Supreme Court is. The President is the boss of the military, from potato peelers to judges.

But here is the crux of this problem. If the judge had a problem withpostponing this trial it would have behooved him to immediately contact Obama through whatever aides necessary to privately inform Obama of the issues he had with postpoing the trial rather than ignoring a request by the Commander and Chief in public. McArthur did this on occassion with the ommander and Chief as did Patton, and it didn't bode too well for either one of them.

C A, Tuscaloosa, AL (Sent Thursday, January 29, 2009 2:37 PM)

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