Theodore's World: GITMO Judge Denies Obama's Request for Delay

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January 31, 2009

GITMO Judge Denies Obama's Request for Delay

Guantanamo Judge Denies Obama's Request for Delay

Washington Post

A military judge threw a wrench yesterday into the Obama administration's plan to suspend legal proceedings at Guantanamo Bay, denying the government's request to delay the case of a detainee accused of planning the 2000 attack on the USS Cole.

To halt proceedings for 120 days -- as Obama wants in order to conduct a review -- the Pentagon may be forced to temporarily withdraw charges against Abd al-Rahim al-Nashiri and possibly 20 other detainees facing trial in military commissions, including Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks.

The administration, which expected military judges to agree to its motions seeking suspension, was taken aback by yesterday's decision. Judges in other cases, including one involving five Sept. 11 defendants, had quickly agreed to the government's request.

"We just learned of the ruling here . . . and we are consulting with the Pentagon and the Department of Justice to explore our options in that case," White House spokesman Robert Gibbs said. Asked at a news conference whether the decision would hamper the administration's ability to evaluate detainees' cases, Gibbs replied: "Not at all."

Nashiri, a Saudi citizen of Yemeni descent, is facing arraignment Feb. 9 on capital charges relating to the al-Qaeda strike on the Cole in Yemen that killed 17 U.S. service members and injured 50 others in October 2000.

The chief military judge at the detention center at Guantanamo Bay, Cuba, Army Col. James Pohl, said that he found the government's arguments "unpersuasive" and that the case will go ahead because "the public interest in a speedy trial will be harmed by the delay in the arraignment."

The administration had argued that the "interests of justice" would be served by a delay that would allow the government to review the approximately 245 prisoners at Guantanamo to figure out who should be prosecuted and how, and who can be released.

"The Commission is unaware of how conducting an arraignment would preclude any option by the administration," Pohl wrote in an opinion obtained by The Washington Post. "Congress passed the military commissions act, which remains in effect. The Commission is bound by the law as it currently exists, not as it may change in the future."

The decision was lauded by some survivors of the attack on the Cole, who said it illustrated the independence of the military judiciary at Guantanamo.

"I'm absolutely delighted," said Navy Cmdr. Kirk Lippold, the former skipper of the Cole. "It proves the military commissions work without undue command influence, and this decision puts us back on track to see an accounting for al-Nashiri's terrorist acts."

Wild Thing's comment.........

Army Col. James Pohl..... Well done you! Here is an American who sees his clear duty and does it. I hope socialist Obama does not get his way, he probably will in the end. but meanwhile I am thankful this Judge took a stand.

Posted by Wild Thing at January 31, 2009 04:47 AM


The proceedings were already in progress. You can't just delay it. Sorry Barry, but the trials need to go on. We can't wait on your pokey little butt to catch up. It's time to go. You said you could hit the ground running and well, so far, you really haven't done that. Good for the judge. He knows what he needs to do and that is to put this terrorist away for life or sentence him to death (which is a more likely scenario) but the loonies don't like the death penalty. That's the real reason they want to close Gitmo. So these poor widdle terrowists can go home to mommy and daddy and do it all again and know they can't be punished. Screw that! Put in an Electric Davenport and fry three or four at a time! or stick them on poles out in public like Vlad the Impaler did and watch them squirm. Maybe bring back crucifixions! Put in an express lane. Any act of terrorism against the US will be an automatic sentence of death.

Posted by: Lynn at January 31, 2009 07:43 AM

Great to see the professional integrity being shown by Colonel Pohl. Thank you sir!

Posted by: James M at January 31, 2009 09:39 AM

You mean our PC Military Urinals (Tribunals), eh?
But THEY hung the Nazis in Nuremburg in 16 months... Thank ALLAH the Iraqi people hung Saddam Hussein in the same EXPEDIENT manner...In the U.S. the SOB would have walked, like OJ Simpson. Like the Dirty Dozen (1967) movie said at the end - Pvt. Waterslaw - "Killing officers could become a habit with me!"
Way to go PC Military Urinals... - Fecis 2009

Posted by: darthcrUSAderworldtour07 at January 31, 2009 09:57 AM

I've never trusted JAG's since 1968. They took the wrong side in an accident where a cycle driver with his Co' tried to pass an army truck on the right in heavy traffic on QL1 with clear highly visible warnings written in 3 languages not to pass on the right, that driver was railroaded to LBJ on murder charges, because the cyclist ignored the warnings.
That said, either execute the terrorists as irregulars and spies or what's wrong with turning them over to some group that will prosecute and carry out their sentences? Kurdistan and Iraq would be good prospects. Army Col. James Pohl has taken an unpopular but correct stance, where everyone screwed up is through playing by the California rules of forever trials and never carrying out a death sentence. An air drop into the Marianas Trench from 40,000 feet works for me!!! Will the Army toss Pohl under the bus?

Posted by: Jack at January 31, 2009 02:42 PM

Let the legal proceedings games continue on schedule. Will Obama practice what he preaches to Israel and give up "GITMO" land for peace?

Fidel Castro Tells Obama To Give Back Guantanamo

Posted by: Les at January 31, 2009 03:26 PM

Let's hope the rest of the military has the kahunas that he has. They are our only hope.
Bob A.

Posted by: Bob A at January 31, 2009 05:59 PM

Hey Les, I have a post on that and a link to the Cuban Government website.
Bob A.

Posted by: Bob A at January 31, 2009 06:01 PM

Hey GITMO shmoes & JAGS)... Take your time, for 2,996 Americans were slaughtered by 19 islamo terrorists in three U.S. states within three hours on 9 - 11 - 2001! 2001!! 2001 !!!
That's only 7.4 years ago.
~AA11~ ~UF175~ ~AA77~ ~UF93~

Posted by: drstrangeloveb52isok at January 31, 2009 06:28 PM


Posted by: Ted at January 31, 2009 06:57 PM

Lynn, I LOVE IT!!!!!

"Put in an Electric Davenport and fry three or four at a time! or stick them on poles out in public like Vlad the Impaler did and watch them squirm."

Posted by: Wild Thing at January 31, 2009 07:14 PM

James M., yes, I agree, I was surprised so many of them are trying to be PC so this really surprised me.

Posted by: Wild Thing at January 31, 2009 07:17 PM

Darth, yes our "PC Military Urinals (Tribunals)"....exactly.

Posted by: Wild Thing at January 31, 2009 07:20 PM

Jack, thank you for telling about what happened in 1968. I agree with you, I was surprised. I sure hope this man sticks to his guns on this and does not cave to pressure from Obaam.
These prisoners should be put to death.

Posted by: Wild Thing at January 31, 2009 07:23 PM

Les, thanks for the link to that article.
LOL Castor is telling Obama that. Obama is going to learn fast he will be told what to do or "suggestions" made by many world leaders and dictators.

Posted by: Wild Thing at January 31, 2009 07:26 PM

Bob A., I agree, I wish they all would take a stand when Obama is wrong on something.

Posted by: Wild Thing at January 31, 2009 07:29 PM

drstrangeloveb52isok, that is not that long ago. Thank you.

Posted by: Wild Thing at January 31, 2009 07:32 PM

Ted, thank you so much. That is good to know, then they have to stand by this and Obama cannot do anything.

Thank you Ted.

Posted by: Wild Thing at January 31, 2009 07:34 PM

I wish they all would take a stand when Obama is wrong on something.

Then they would never be able to sit down.
Bob A.

Posted by: Bob A at January 31, 2009 08:10 PM