President Barack Obama's down to reject proceedings against Guantanamo detainees hit a complication when a military arbitrator said it would be unreasonable to delay a hearing for the presumed mastermind of the USS Cole bombing. Thursday's ruling by the judge, Army Col. James Pohl, creates an unexpected to question for the altered application as it reviews how America puts suspected terrorists on trial. Pohl said his conclusiveness was intricate but obligatory to defend "the public notice in a speedy trial." The ruling came in the wrapper against Abd al-Rahim al-Nashiri.
The bombing of the Navy destroyer in 2000 in the harbor of Aden, Yemen, killed 17 U.S. sailors. Obama has ordered the literary durance center in Cuba to be closed within a year. The dispensation asked endure week for a 120-day delaying in proceedings against some 20 detainees as it considers whether to remain frustrating stated terrorists in the navy commissions, do up them or look over suspects in other courts.
Obama signed an leader group directing Defense Secretary Robert Gates to protect that "all proceedings of such services commissions to which charges have been referred but in which no judgment has been rendered … are halted." But Pohl wrote in his ruling that "on its face, the call to keep in a holding pattern the arraignment is not reasonable." The judge's steadfastness seemed to endure the Pentagon and White House by surprise. "We are consulting with the Pentagon and the Department of Justice to observe our options in the case," said White Press secretary Robert Gibbs, adding that he doubted the firmness would interfere with the administration's know-how to arbitrate how to go aid from Guantanamo.
The Department of Defense is reviewing Judge Pohl's ruling, said Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman. Geoff Morrell, another Pentagon spokesman, told reporters that there were "no ifs, ands or buts" about adhering to the president's boss lay out and that there would "be no proceedings continuing down at Gitmo with army commissions.
" "The bottom job is, we all run for the president of the United States in this restraint of command, and he has signed an directorship requirement which has made abundantly perceptive that until these reviews are done all of this is on hiatus," Morrell said. The American Civil Liberties Union urged Gates to put a termination to the proceedings by withdrawing the charges against al-Nashiri. "Judge Pohl's outcome to remove foremost undeterred by a unconfused report from the president also raises questions about Secretary of Defense Gates _ is he the 'new Gates' or is he the same ancient Gates under a young president?" ACLU Executive Director Anthony Romero said. "Secretary Gates has the skill to obstruct the martial commissions and ought to follow his unique boss' directives." The Cole's late commanding officer, retired Navy Cmdr.
Kirk Lippold, said the lawsuit "needs to go forward" at Guantanamo. He said Pohl's ruling validated the war-crimes trials by demonstrating the self-assurance of the naval judges. "The families implicated want to make up one's mind al-Nashiri held responsible for his heinous acts," Lippold said in an interview. Navy Lt. Cmdr.
Stephen Reyes, the Pentagon-appointed attorney for al-Nashiri, said the sentence gives the Obama management few options. "The next step, if the direction wants to desist the proceedings, is to back down the charges," Reyes said. "Now it's in the government's hands," he said. "I have no conception what they're prevalent to do.
" Pohl is the main adjudicator at the tribunals at the U.S. Navy shameful in Guantanamo Bay, Cuba.
At least two other judges have already granted the continuance sought by the president, with the defense and prosecution agreeing in both cases that they should be suspended. Pohl celebrated that no substantive licit issues would be litigated at al-Nashiri's arraignment, scheduled for Feb. 9, spirit that "nothing will be mooted or of the essence for relitigation" if Obama scraps the tribunals. The hostilities crimes court came to an bluff up Jan. 21 after two other air force judges granted Obama's solicitation for a suspension.
His chairman pecking order came the following daytime in Washington. Those cases were against a Canadian accused of enervating a U.S. infantryman in Afghanistan and five men charged in the Sept. 11 attacks.
In all, do battle crimes charges are waiting against 21 men at Guantanamo. Before Obama became president, the U.S. said it planned to assay dozens of detainees in a set that was created by George W. Bush and Congress in 2006 and has faced repeated challenges. ___ Associated Press author Lara Jakes contributed to this statement from Washington. Copyright © 2009 The Associated Press. All rights reserved.
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