More to follow, here is the order.  Prior coverage from the WSJ here.

9 Responses to “Judge Pohl Orders Abatement of KSM/9-11 Conspirators Commission hearings for Apparent Unlawful Command Influence”

  1. Charlie Gittins says:

    Mr. Ary certainly appears to have learned nothing from his previous experience involving illegal efforts to subvert justice while serving as SJA to CMC and his sordid involvement in the matter involving The Wierik.  Given that he is the brilliant legal mind that suggested this course of action that is actual unlawful influence, not just appears to be, I think a DQ of the CA would be an appropriate motion.  ANd, by the way, is the CA’s job a full time job?  If so, what does it pay?  A division commander CA has much more on his plate and his roile of GCMCA is only a tiny fraction of his responsibility.  Hard to believe that someone with so little in the way of actual work would be paid an SES salary. Maybe he came up with this brilliant suggestion because he doesn’t have enough to do. 
         

  2. Joe says:

    all this just reminds me about the CMC and that disgraceful affair

  3. Stephen Wilson says:

    How much below zero is the probability that Mr. Ary will suffer ANY consequences?

  4. Charlie Gittins says:

    It has just been reported that the Pentagon caved following Judge Pohl’s abatement order.  Never saw that coming . . . .  NOT!

  5. Monday Morning QB says:

    The real issue here is the question of why someone thought it was a good idea to use military judges as the MC judges.  They have their own dockets and can’t just sit down at GITMO indefinitely.  This has created a situation where the judges let the cases languish, which in turn plays right into drawing everything out forever.  The real irony of the whole debacle is that if the cases were in federal court (like all the anti commission folks claim they want) no Art III judge would kick the can down the road like this.  Compare the Boston Marathon bombing case to this train wreck.

  6. Mike "No Man" Navarre says:

    MMQB, you speak the truth about the judicial branch.

  7. Stephen Wilson says:

    Here is the reversal. https://www.documentcloud.org/documents/1678014-pentagon-cancels-guantanamo-move-in-order.html

  8. Monday Morning QB says:

    How exactly does one abate a case that isn’t moving?  I guess if the order wasn’t rescinded the next hearing in two months would get delayed?  Perhaps the charges would get dismissed and they could get in federal court where they were supposed to be all along, with an actual trial date in the lives of each defendant.

  9. Tony says:

    Pretty quick turnaround!  Great decision by Judge Pohl.  I like the part about dismissal being a drastic remedy that isn’t necessary at this time under the current circumstances…but the Order had better be rescinded quickly, or else. 
    Legal writing is so opaque, yet transparent.