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Author Topic: Guantanamo judge sentences Marine general to 21 days confinement...............  (Read 793 times)
Rams
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Posts: 16684


So many colors to choose from yet so few stand out

Covington, TN


« on: November 02, 2017, 06:10:10 AM »

Guantanamo judge sentences Marine general to 21 days confinement for refusing to follow orders

https://www.msn.com/en-us/n...kt5R&ocid=spartanntp

GUANTANAMO BAY NAVAL BASE, Cuba - The USS Cole case judge Wednesday found the Marine general in charge of war court defense teams guilty of contempt for refusing to follow his orders and sentenced him to 21 days confinement and to pay a $1,000 fine.
Air Force Col. Vance Spath also declared "null and void" a decision by Marine Brig. Gen. John Baker, 50, to release three civilian defense attorneys from the case, and ordered them to appear before him in person here at Guantanamo or by video feed next week.

At issue was Baker's authority to excuse civilian, Pentagon-paid attorneys Rick Kammen, Rosa Eliades and Mary Spears from the case of because of a secret ethics conflict involving attorney-client privilege. Also, the general refused a day earlier to either testify in front of Spath or return the three lawyers to the case.


In court Wednesday, Baker attempted to protest that the war court meant to try alleged terrorists who are not U.S. citizens had no jurisdiction over him. Spath refused to let him speak and ordered him to sit down.

Spath said Baker, the chief defense counsel for military commissions, was out of line in invoking a privilege in refusing to testify about both the decision to release and the absence of the three attorneys at the court. Spath ordered the three to come to Guantanamo this week; and they refused.

Privilege, the Air Force judge declared, is a judge's domain and that a judge has the authority to weigh and review privilege.
Without that, he said, there would be "havoc in any system of justice."

The judge said in court that a senior official at the Pentagon, Convening Authority Harvey Rishikof, would review his contempt finding and sentence. Meantime, however, he ordered court bailiffs to arrange for the general to be confined to his quarters - a room in a trailer at Camp Justice, behind the courtroom - until Rishikof acted or found a different place. Rishikof had approved the site provisionally, Spath said, and was permitting Baker to have internet and phone communications at his quarters.


Whoa!!!!  Not sure I'd want to be in the middle of this dog fight...................
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Learning the majority of life's lessons the hard way.

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scooperhsd
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Kansas City KS


« Reply #1 on: November 02, 2017, 07:53:43 PM »

That judge better have some firepower behind him...
O6 - Judge,
O7 - Marine 1 star.

Hope he is not signing his career away with this one.
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DirtyDan
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Kingman Arizona, from NJ


« Reply #2 on: November 02, 2017, 08:37:28 PM »

I want to be sure I read the beginning right

A colonel overrode a general ?

Dan
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Rams
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So many colors to choose from yet so few stand out

Covington, TN


« Reply #3 on: November 03, 2017, 02:05:01 AM »

As I understand it, the General challenged the Courts authority or jurisdiction while in front of the Judge (a Colonel).    The Judge didn't appreciate it apparently and had the General confined to quarters for 21 days.    

Three defense lawyers also refused to comply with the Judge's orders but were not there.   Wish I had more information on what actually occurred but, that all I've been able to find.
« Last Edit: November 03, 2017, 02:20:30 AM by Rams » Logged

VRCC# 29981
Learning the majority of life's lessons the hard way.

Every trip is an adventure, enjoy it while it lasts.
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