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Judge: Obama Comments 'Unlawful Command Influence' | Military.com

Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of “unlawful command influence” derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week.

Navy Judge Cmdr. Marcus Fulton ruled during pretrial hearings in two sexual assault cases -- U.S. vs. Johnson and U.S. vs. Fuentes -- that comments made by Obama as commander in chief would unduly influence any potential sentencing, according to a court documents obtained by Stars and Stripes.

On Wednesday and Thursday, Fulton approved the pretrial defense motions, which used as evidence comments that Obama made about sexual assault at a May 7 news conference.

“The bottom line is: I have no tolerance for this,” Obama said, according to an NBC News story submitted as evidence by defense attorneys in the sexual assault cases.

‘I expect consequences,” Obama added. “So I don’t just want more speeches or awareness programs or training, but ultimately folks look the other way. If we find out somebody’s engaging in this, they’ve got to be held accountable -- prosecuted, stripped of their positions, court martialed, fired, dishonorably discharged. Period.”

The judge’s pretrial ruling means that if either defendant is found guilty, whether by a jury or a military judge, they cannot receive a bad conduct discharge or a dishonorable discharge. Sailors found guilty under the Uniform Code of Military Justice’s Article 120, which covers several sexual crimes including assault and rape, generally receive punitive discharges.“A member of the public would not hear the President’s statement to be a simple admonition to hold members accountable,” Fulton stated. “A member of the public would draw the connection between the ‘dishonorable discharge’ required by the President and a punitive discharge approved by the convening authority.

“The strain on the system created by asking a convening authority to disregard [Obama’s] statement in this environment would be too much to sustain public confidence.”

The ruling sets the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military.
Makes me wonder if his comments in the Zimmerman case with Travon will impact appeals.
 

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As much as I disagree on just about everything His Lordship says I too have to agree on this one. Having been in a position of being able to influence other people’s careers anyone who uses that type of influence is not deserving of the position.
 

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Judge: Obama Comments 'Unlawful Command Influence' | Military.com



Makes me wonder if his comments in the Zimmerman case with Travon will impact appeals.

I'm sure it will. When the POTUS rushes forward to say that if he had a son it would look just like Travon; that has to influence potential jurors.

Once a judge rules on something like this, other judges use it as precedence.


Or, his "the police acted stupidly" comment which led to the now famous "Beer Summit". The guy just can't help himself.
 

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I'm sure it will. When the POTUS rushes forward to say that if he had a son it would look just like Travon; that has to influence potential jurors.

Once a judge rules on something like this, other judges use it as precedence.


Or, his "the police acted stupidly" comment which led to the now famous "Beer Summit".
I don't think it will affect the trial or any verdict. The comments were made awhile ago and the jury has been selected. Another thing to consider is that Obama is CoC. He does have "command influence" in regards to the military. For civilians he is just a figure head with no power or direct influence on a jurors life if they decide one way or the other.
 

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Frankly I don't find anything wrong with Obama's comments. In fact, I agree with them, and that don't happen often.

The whole thing behind his comments though is that they didnt need to be said. S/A cases almost always end in the defendant (if guilty) being dishonorably discharged and serving time in a brig. His comments, however, unlawfully influenced any one who may have been on a jury. Just another example where this man should keep his mouth shut and just pray he doesnt get impeached...
 

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I don't think it will affect the trial or any verdict. The comments were made awhile ago and the jury has been selected. Another thing to consider is that Obama is CoC. He does have "command influence" in regards to the military. For civilians he is just a figure head with no power or direct influence on a jurors life if they decide one way or the other.
When Obama speaks, people listen. Well, Liberals do anyway. He's very influential. If he wasn't, we wouldn't be in the mess we're in today.

They know his sympathy was for Travyon, and that will carry weight.
 

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When Obama speaks, people listen. Well, Liberals do anyway. He's very influential. If he wasn't, we wouldn't be in the mess we're in today.

They know his sympathy was for Travyon, and that will carry weight.
Would it carry any weight with you if you were on the jury?
 
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From the article said:
The bottom line is: I have no tolerance for this,” Obama said, according to an NBC News story submitted as evidence by defense attorneys in the sexual assault cases.

I expect consequences,” Obama added. “So I don’t just want more speeches or awareness programs or training, but ultimately folks look the other way. If we find out somebody’s engaging in this, they’ve got to be held accountable -- prosecuted, stripped of their positions, court martialed, fired, dishonorably discharged. Period.”

The judge’s pretrial ruling means that if either defendant is found guilty, whether by a jury or a military judge, they cannot receive a bad conduct discharge or a dishonorable discharge.

The strain on the system created by asking a convening authority to disregard [Obama’s] statement in this environment would be too much to sustain public confidence.”
Huh.

If I have read this correctly ...

What's really going to strain my confidence is if such animals and the entire command structure don't get held accountable for their actions in the strictest sense of the word, irrespective of the CIC's opinions on the matter.

What really blows my confidence in the whole sham is: a long-standing, continuing environment of glossing over such things and sweeping it under the rug; a long-standing, continuing rubber-stamping of such things by the so-called "courts"; and the whole semantics back-flip these judges are doing by claiming it impossible to dishonorably discharge and hold such folks accountable.

The path down the failure of the rule of law is a well-worn one. We've been on it for some time. This ridiculous ruling won't help matters and will only continue to allow our slide to amorality and disorder. Chalk another one up for ol' Beelzebub.
 

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Unlawful command influence from the Presidency? Scramble post haist to the next elected Commander of Unlawful Influence.
 
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