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.
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7 comments:
So, I don't understand...Who's in charge of the Military; the Commander-in-Chief, or the judge?
Looks like all if his pandering to the left gas come back to bite him in the a&@ . Ge does everything he can do to demoralize the military while letting illegal aliens run free in this country and now that the bad apples that should be weeded out can not be .
All commanders have to follow the UCMJ no matter of rank. Despite of what some people think the military is governed by laws not by one person !
The military is run by a series of laws called the UMCJ , it is not run by one man military or civilian !
850, speaking out against sexual assaults in the military is "pandering to the left"?
Hmmm wonder if Bradley Manning's attorney's could use the same argument? (assuming they could get their hands on any government documents in order to make their case of course)
You too are assuming everyone follows those laws.
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