Military Judge Colonel James Pohl has refused to comply with Barack Obama’s first executive order as President of the United States. He has refused to delay the military trial of a Gitmo detainee accused of planning the 2000 attack on the USS Cole. Read about it below.

James Pohl

Colonel James Pohl

As we all know, Barack Obama made a show of signing the first executive order of his Presidency giving him the option of closing down Guantanamo Bay, Cuba detention center. I say it gave him the option, because the order was full of loopholes to give him outs if he needs them down the road. The whole affair appeared to be primarily for the purpose of appearing to be keeping on of his campaign promises to his far left constituents. The order required that the military tribunals for the terrorists held at Guantanamo Bay be halted so that there can be a review of the cases of the approximately 245 cases there to determine who should be tried and who should be released.

Of course, we all know that the whole issue with the far left was to give these terrorists their ‘rights’, with attorneys and whatever their needs might be. They (the left) wants them moved from the Cuban island paradise to a frozen federal prison in Pennsylvania courtesy of Representative John Murtha.

But there is dissent in the ranks.

Military Judge Colonel James Pohl has denied Obama’s order to suspend the legal proceedings underway at Gitmo. In particular, he has denied the ‘request’ from Obama to delay the trial of Abd al-Rahim al-Nashiri who is implicated in the 2000 attack on the USS Cole in Yemen that killed 17 and injured 50 US Sailors.

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

Survivors of the USS Cole attack are pleased with the decision of Judge Pohl saying that it illustrates the independence of the military judiciary at Guantanamo and puts everything back on track to require an accounting for the terrorists acts committed by the detainees there.

On the other hand, human rights activists are not so pleased. They are now saying that the administration should withdraw charges against the Gitmo detainees and move them to a new locations. For instance, down the street from you.

If Obama withdraws the charges it would open the door for Obama to abolish the current system of military tribunals and pave the way for the detainees to be tried in civil courts within the United States. Defense lawyers say that doing this would signal the end of military commissions. The charges would be withdrawn against all detainees, including enemy combatants picked up in the battlefield and 9-11 conspirators.

al-Nashiri’s defense attorney is arguing that beginning his trial on February 9th as scheduled will hamper the Obama administration’s ability to stop the trial and move him to the mainland to be tried in Federal courts.

This case is interesting on several levels. What stands out to me most are that this isn’t just some rouge military officer. He’s a Colonel who is the chief military legal counsel in Guantanamo Bay. It defies belief that this information would be made available to the press if he were acting alone and did not have support within the ranks of the military and in his own chain of command.

Another thing that stands out is that I can’t remember a time that the military has openly defied the orders of a Commander in Chief. Sure, some complain about the President after they retire, but never while they are active duty. The last time I can think of that happening was when General Douglas MacArthur complained about the orders of President Harry Truman. Even then, MacArthur didn’t deny Truman’s orders. He just publicly disagreed with them, which cost him his position. It turned out that MacArthur was right.

Obama has been in office a week and has already incurred open defiance from the military. This doesn’t bode well for the remainder of his Presidency.