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3 Responses to "Breaking: Gitmo military judge refuses Obama request (or was it an order?)"

Larry Sheldon says:

January 29, 2009 at 2:50 pm

But but but but but bu….

I thought judicial activism was a Good Thing?
Joe S says:

January 29, 2009 at 5:01 pm

Obamas’ EO can “request” the suspension of tribunals he can not order them. While military judges fall under the CIC they are still bound to follow the Constitution and Rule of Law. The Military Commissions Act that was signed into law under a Democratic lead Legislative Branch last year is the law of the land and, the Pres. can not direct an officer of the court to go against it.

As Col. Pohl said: “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.”

One would think a Constitutional Lawyer would have understood that.
John of Argghhh! says:

January 29, 2009 at 8:37 pm

What Joe said. Precisely the reason the Founders separated the branches, so that the political couldn’t dictate to the judicial.

The Administration knows that – which is why they asked, and didn’t direct.

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