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Judge: Obama sex assault comments 'unlawful command influence'
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Posted on 06/14/2013 12:45:30 PM PDT by Perdogg

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To: BlatherNaut

So Obama purposely corrupted the legal process in the military so the homosexual rapes could not be prosecuted.


51 posted on 06/14/2013 3:15:34 PM PDT by petitfour
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To: henkster
Not saying this is positive, but a case where the judge is following the law. Improper command influence must have consequences, just as an unlawful search and seizure does in civilian courts. The judge may not like the decision he reaches, but if the law clearly compels him to do so, then I’m OK with his decision. I will gladly take a judge who follows the law rather than makes, repeals, disregards or ignores the law as it exists.

So if a commander wants a defendant to be let off, all he has to do is perform an instance of "improper command influence"?

A better response to "improper command influence" might be to immediately transfer the commander.

52 posted on 06/14/2013 3:38:15 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: driftdiver
"The ruling sets the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military."
53 posted on 06/14/2013 3:44:42 PM PDT by Track9 (hey Kalid.. kalid.. bang you're dead)
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To: Perdogg

The president can insist that the accused by tired or court martialed. He cannot insist that the members find the accused guilt and have him “stripped of his positions, fired, dishonorably discharged. Period”... at least not under our current system.


54 posted on 06/14/2013 3:46:41 PM PDT by HapaxLegamenon
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To: yoe
The same should hold for The Trayvon -Zimmerman trial.

Not exactly. The members of the Court Martial are all under Obama's change of command. Moreover, the Convening Authority who summons the Court Martial and approves or sets aside its findings is a high ranking officer (O-6 or higher). He is especially sensitive to Obama's wishes because if he goes against them, his military career is over. Obama maintains executive power over the entire military.

In the Trayvon-Zimmerman case, the judiciary is under no such threat of influence but is completely separate from executive power.

55 posted on 06/14/2013 3:57:43 PM PDT by HapaxLegamenon
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To: apillar

“Could you imagine if this was Bush?”

Sounds like a good working title for a book.


56 posted on 06/14/2013 3:58:31 PM PDT by Zuse
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To: Conscience of a Conservative; All
"...and is far outweighed by the fact that this only benefits personnel who are conficted of despicable crimes."

Bingo. That stated..... does anyone here really think that Obama erred in his comment on this matter? Really? I think he knew exactly what he was saying... and why. Hell, he just appointed a woman as Deputy CIA Director that enjoys reading erotic fiction....PUBLICLY. His best bud, Rahm was a "friend" back at the Chicago gay bath houses. Half of his cabinet and administration are either commies, criminals or perverts of some form and fashion.

Just sayin....

57 posted on 06/14/2013 4:02:06 PM PDT by XenaLee (The only good commie is a dead commie.)
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To: Perdogg

Isn’t his entire occupancy of our White House able to be summed up by that: unlawful command influence?


58 posted on 06/14/2013 4:17:13 PM PDT by OldNewYork (Biden '13. Impeach now.)
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To: brityank

Good point. Does anyone think Obama has even heard of the UCMJ?


59 posted on 06/14/2013 4:56:53 PM PDT by Makana (Notice: A copy of this message is being filed with the NSA.)
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To: a fool in paradise

Actually a lot of this stuff is Obama’s fault. He’s the guy who wanted gays in the military and now he’s got his 20% increase in male on male sexual attacks ~ must put a smile on his face.


60 posted on 06/14/2013 4:57:54 PM PDT by muawiyah (ui)
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To: OldNewYork
Unlawful Command Influence

THAT sounds like a good title for a book, too.

61 posted on 06/14/2013 5:02:50 PM PDT by madison10
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To: Hulka

Excellent point! Wonder if Zimmerman’s defense will pick up on this juicy precedent?


62 posted on 06/14/2013 5:20:11 PM PDT by TXnMA ("Allah": Satan's current alias... "Barack": Allah's current ally...)
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To: holden

Agreed. Given his background in Con Law, it does look a lot like an act of intentional legal sabotage to me. And what a happy coincidence for him it fits perfectly with his long term goal of disemboweling our military.


63 posted on 06/14/2013 5:30:23 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: jazusamo; Girlene; 4woodenboats; Grimmy; xzins; smoothsailing; lilycicero; bigheadfred; ...

(( ping )) the old Haditha crew.

Check this out.


64 posted on 06/14/2013 5:44:12 PM PDT by Lancey Howard
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To: manc

Where are you getting your data on male/male rapes in the military?


65 posted on 06/14/2013 6:11:09 PM PDT by 1010RD (First, Do No Harm)
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To: Perdogg

Any commander who makes such comments can have this happen. In Germany back in the 1980s there was a huge matter where several convictions were overturned by the military courts of appeal because of a general officer who made comments regarding several trails in session. The soldiers were convicted and sentenced by the courts. However, If I remember right, the appeals courts said that the commanders comments influenced those officers and enlisted jury members on the trials. If a commander says he wants them convicted, jailed and kicked out of the military. That is command influence. This makes the jury members maybe afraid that if THEY don’t give the general what he WANTS, then they might suffer the consequences. Obama opened his trap here and that is command influence. So the big lawyer, who never when to law school in the first place, screwed the pooch here.


66 posted on 06/14/2013 6:15:33 PM PDT by RetiredArmy (1 Cor 15: 50-54 & 1 Thess 4: 13-17. That about covers it.)
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To: 1010RD

http://www.washingtontimes.com/news/2013/may/20/victims-of-sex-assaults-in-military-are-mostly-sil/

http://www.bing.com/search?q=sexual+assaults+on+men++in+military&qs=n&form=QBRE&pq=sexual+assaults+on+men+in+military&sc=0-0&sp=-1&sk=

there has been quite a few links on here about it too


67 posted on 06/14/2013 6:20:55 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Perdogg

OBAMA’S WAR ON WOMEN??


68 posted on 06/14/2013 6:22:41 PM PDT by HKMk23 (ERIC SNOWDEN == GUY MONTAG)
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To: 1010RD

http://www.nydailynews.com/news/national/majority-sexual-assaults-rapes-committed-military-2011-men-article-1.1150235

homosexuals are now using the military to rape other men and not a damn media outlet in TV is pointing that fact out , instead they refer to the rapes on women.

now they want to prey on little boys in the scouts, we had a school bus homosexual driver also busted for trying to have sex with a boy and he also hosted a under age party last year and got away with it while giving drugs and beer to the boys

http://staugustine.com/news/local-news/2013-03-20/county-bus-driver-richard-copeland-among-those-arrested-child-sex-sting


69 posted on 06/14/2013 6:23:53 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Lancey Howard; jazusamo; Girlene; 4woodenboats; Grimmy; xzins; smoothsailing; lilycicero; ...

I remain convinced that DOD, from the SecDef through the SecNav and on down the line vilified the Haditha Marines pushing for convictions they hoped would satisfy Iraqi tribal leaders.

They weren’t as above board as Obama was with this statement. They did it behind closed doors.


70 posted on 06/14/2013 6:39:43 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Perdogg

Looks like someone is going to get a big fat IRS audit soon...


71 posted on 06/14/2013 7:04:45 PM PDT by guido911 (Islamic terrorists are members http://www.freerepublic.com/foof the "ROP", the "religion of pu*&ies")
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To: Perdogg





IT NOT UNLEGAL IFFEN I DO'S IT

72 posted on 06/14/2013 7:06:04 PM PDT by devolve (----- ----- ----- it not unlegal iffen I do*s it ----- ----- -----)
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To: rhoda_penmark

Freudian slipe? ; )


73 posted on 06/14/2013 7:09:55 PM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: ZULU

yea that pesky commander in chief thing has many responsibilities most of which, one WHO NEVER SERVED, will never begin to comprehend and isn’t taught in any ivy league future communist of Amerika breeding ground.


74 posted on 06/14/2013 7:13:33 PM PDT by ping jockey (IT IS IMPORTANT TO ME YOU GREASY,HAIRY ARMPIT,HIPPIE.)
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To: Lancey Howard

I saw that earlier, Lancey. obama is a moron.


75 posted on 06/14/2013 7:31:37 PM PDT by Girlene
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To: madison10

Indeed. Hopefully it will be written in English in our lifetimes, rather than in Mandarin, Russian, or Arabic, after.


76 posted on 06/14/2013 7:33:35 PM PDT by OldNewYork (Biden '13. Impeach now.)
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To: xzins

Could be, xzins. The one judge did find the appearance of it in Chessani’s case.

Regarding this case, Obama needs some training in how the military justice system works since he is CIC.


77 posted on 06/14/2013 7:40:51 PM PDT by Girlene
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To: xzins; RedRover; Lancey Howard; jazusamo; Girlene; 4woodenboats; lilycicero
...pushing for convictions they hoped would satisfy Iraqi tribal leaders.

Murtha was an Iraqi tribal leader? I guess I shouldn't be surprised. :o)

78 posted on 06/14/2013 7:42:19 PM PDT by smoothsailing
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To: Girlene; Lancey Howard; xzins
thanx for the ping lancey hi x girl is going to give a quiz on how to spot a traitor ok girl i am done with my nap and ready for the quix btw during my nap i dreamed a little dream


79 posted on 06/14/2013 7:43:08 PM PDT by bigheadfred (barry your mouth is writing checks your ass cant cash)
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To: Perdogg

Doesn’t really matter. Rather than a punitive DD or a BCD, they get the “administrative” characterization of “Under Other Than Honorable”...

Still no VA benefits (or VERY minimal ones), AFAIK.


80 posted on 06/14/2013 7:43:10 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: bigheadfred

:-)


81 posted on 06/14/2013 7:46:38 PM PDT by Girlene
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To: smoothsailing; xzins; RedRover; Lancey Howard; Girlene; 4woodenboats; lilycicero
Murtha was an Iraqi tribal leader?

If there was money in it for Murtha, he was a tribal leader. :-)

82 posted on 06/14/2013 7:50:22 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: smoothsailing

LOL!

A Pennsylvania rag head!


83 posted on 06/14/2013 8:02:58 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: xzins; jazusamo

Mullah Murtha!!!

 photo ec935aa6-df6d-4154-bed0-6d932abdadb0_zps7f88f9b7.jpg

(I reckon he's busy these days searching for his 72 Pelosi's)


84 posted on 06/14/2013 8:38:00 PM PDT by smoothsailing
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To: kristinn

Next, he’ll invite the justice(s) to the next State of the Union speech, sit them front and center, then rip into their unconscionable ruling, stating how they “acted stupidly”, noting how the country will be irreprably harmed by not following his edict.


85 posted on 06/14/2013 11:42:33 PM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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To: Perdogg

how many more trials will this idiot screw up? someone needs to put a muzzle on that man.


86 posted on 06/15/2013 5:48:13 AM PDT by fivecatsandadog (Let's not be so open-minded that our brains fall out.)
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To: ImJustAnotherOkie

>>Wow, what a bitch slap to the big ‘O’.

Yeah, but with his fellow Kleoptocrat Termites busy chewing what’s left of the woodwork on Das’Kapital Hill, it’ll just slide off him and through them like crap through a goose.


87 posted on 06/15/2013 6:21:41 AM PDT by TArcher ("TO SECURE THESE RIGHTS, governments are instituted among men" -- Does that still work?)
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To: ZULU

Well, well. It appears our “Constitutional Law Genius” is really a jerk when it comes to the Constiution.


He was so brilliant in school his grades are the most closely protected secret in history.


88 posted on 06/15/2013 8:58:38 AM PDT by chessplayer
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To: ZULU

Hey, he’s a “Professor of Constitutional law” even though he demonstrates time and time and time again he knows about as much about the constitution as Paris Hilton knows about integral calculus “Integral calculus? Is that like an Italian fashion designer? Like Ohmagawd!” It amazes me how that always seems to go right over the heads of the media, that here we have a man who claims he is a PROFESSOR of constitutional law, but REPEATEDLY demonstrates he knows absolutely NOTHING about the constitution! Has it ever occurred to them that *gasp* maybe he’s LYING? But nooooo, he is the Dear Leader and everything he says is LAW!


89 posted on 06/15/2013 10:05:01 AM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: Perdogg
Another day, another Øbama SNAFU.
90 posted on 06/15/2013 10:31:25 AM PDT by windsorknot
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To: cherry

and now, sexual assault will be winked at, because there virtually is no punishment...
___________________________________________

This happened long before Obamas came along...

Most rapes in the military were either not reported or not punished and the woman victim was tossed out of the service while the male rapist stayed in...

a big reason women never told...

Nothing new ...

move along...


91 posted on 06/15/2013 12:13:39 PM PDT by Tennessee Nana
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To: PapaBear3625; cherry
So if a commander wants a defendant to be let off, all he has to do is perform an instance of "improper command influence"?

A better response to "improper command influence" might be to immediately transfer the commander.

I don't know where you would transfer "commander" 0bama in this instance.....or Commandant of the Marine Corps, Gen Amos - what are you going to make him Commandant of the Army? or on the JCS?

How about we punish those commanders by stripping them of command and unceremoniously kick them to the curb?.

By the logic of trying these individuals anyway, we should immediately condemn Zimmerman then. I mean after all, the chief of the Executive Branch of .fedgov came out and sided against Zimmerman. Even after the police stated there was not evidence enough to arrest Zimmerman, the circus continued and was unduly influenced the point Zimmerman can't receive a fair trial.

In some of these [the military ones] cases, charges were only brought after Amos et al went on their tour throughout the Marine Corps saying he wanted individuals punished.

Not that he wanted allegations taken seriously, and the accused investigated and tried if the evidence was there......but that he wanted examples.

Same thing with 0bama.

Last I checked we still had the right to a fair trial - the least we could do is make sure the folks that defend those rights receive the same.

If someone is accused of sexual assault, the matter should be investigated and they should be tried. If guilty, declared so and severely punished. But it is a GROSS perversion of justice for the top level commanders to declare the outcome and influence the trial.

The converse to your argument is if a commander didn't like someone he could accuse the individual and then order the court martial to find them guilty......

stop for a moment and take into consideration Catholics, Jews, and Protestants were declared extremists in a recent Army briefing, or that a soldier is facing repercussion for having Tea Party bumper stickers on his car. Now put some pampered homo-loving sashaying prince in charge of a command. Your solution is to transfer him to another command he can destroy.

"It is better that ten guilty ones escape than one innocent suffer." William Blackstone

---

And further cherry......I'm getting beyond pissed off with your constant need to trash and slander the military. From saying they all support every last thing that comes out of 0bama's mouth to accusing the majority of being willing to turn on American citizens. Because the 100% truth and fact is the exact opposite.

In fact, at one of the Marine Corps officer schools, the students are required to participate in a Tactical Decision Game in which they are hypothetically given a subordinate unit and munitions and orders to lock down and establish a mile perimeter around a federal building in a hypothetical American city..............any student that states they would do more than secure and guard the fed building itself FAILS the event. The students are further lectured on their Constitutional OBLIGATION to REFUSE UNCONSTITUTIONAL ORDERS and to PREVENT such from happening.

But you can continue with your mental masturbation believing that we're all a bunch of jackboots waiting to rape anyone in sight ans subject the American populace.

Being a dumbass is your Constitutional Right and I won't jackboot you from it.

92 posted on 06/15/2013 12:29:03 PM PDT by Repeat Offender (What good are conservative principles if we don't stand by them?)
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To: PapaBear3625

“A better response to “improper command influence” might be to immediately transfer the commander.”

Do we have any bases in Kenya?/s;)


93 posted on 06/15/2013 2:10:26 PM PDT by Frank_2001
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To: TXnMA

I hope they do pick up on it. . .at least review it.

Wish there was some way George’s team could be notified of this precedent.


94 posted on 06/16/2013 7:05:24 AM PDT by Hulka
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To: Perdogg
I'm thinking our lefties in Congress want to do another Tailhook witch hunt to distract the sheeple from their own corruption.
95 posted on 06/16/2013 8:04:36 AM PDT by Hacksaw (I haven't taken the 30 silvers.)
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