Here's some more institutional pushback from the military against President Obama - a military judge is continuing a Guantanamo hearing in contravention of an executive order.
A military judge in Guantanamo Bay today denied the Obama administration's request to delay proceedings for 120 days in the case of a detainee accused of planning the October 2000 attack on the USS Cole warship, an al-Qaeda strike that killed 17 service members and injured 50 others.
The decision throws into some disarray the administration's efforts to buy time to review individual detainee cases as part of its plan to close the U.S. military prison at the Guantanamo naval base in Cuba. The Pentagon may now be forced to temporarily withdraw the charges against Abd al Rahim al-Nashiri, a Saudi citizen of Yemeni descent.
Nashiri is facing arraignment on capital charges on Feb. 9, and Judge James Pohl, an Army colonel, said the case would go ahead.
"We just learned of the ruling here . . . and we are consulting with the Pentagon and the Department of Justice to explore our options in that case," White House spokesman Robert Gibbs said. Asked at a news briefing whether the decision would hamper the administration's ability to evaluate the cases of Guantanamo detainees, Gibbs replied: "No. Not at all."
Mcjoan says this isn't a matter of denying a simple request. There were two orders; one was a request that there be a delay in hearings for 120 days, and the other a direct order, from basically the prosecution in the various cases, to put a continuance on them.
Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.
The executive branch directs military commissions. The executive called all ongoing proceedings to a halt. End of story. This Army Colonel is in violation of the law. BTD has more.
They're going to keep testing this guy until he hits back...