Comments on: Breaking: Gitmo military judge refuses Obama request (or was it an order?) http://sistertoldjah.com/archives/2009/01/29/breaking-gitmo-military-judge-refuses-obama-request-or-was-it-an-order/ Don't dis or dismiss this miss! Fri, 10 Feb 2012 21:25:15 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: John of Argghhh! http://sistertoldjah.com/archives/2009/01/29/breaking-gitmo-military-judge-refuses-obama-request-or-was-it-an-order/comment-page-1/#comment-755165 John of Argghhh! Fri, 30 Jan 2009 01:37:46 +0000 http://sistertoldjah.com/?p=9884#comment-755165 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. 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.

]]> By: Joe S http://sistertoldjah.com/archives/2009/01/29/breaking-gitmo-military-judge-refuses-obama-request-or-was-it-an-order/comment-page-1/#comment-755161 Joe S Thu, 29 Jan 2009 22:01:37 +0000 http://sistertoldjah.com/?p=9884#comment-755161 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. 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.

]]> By: Larry Sheldon http://sistertoldjah.com/archives/2009/01/29/breaking-gitmo-military-judge-refuses-obama-request-or-was-it-an-order/comment-page-1/#comment-755159 Larry Sheldon Thu, 29 Jan 2009 19:50:18 +0000 http://sistertoldjah.com/?p=9884#comment-755159 But but but but but bu.... I thought judicial activism was a Good Thing? But but but but but bu….

I thought judicial activism was a Good Thing?

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