When The Constitutional Lecturer Becomes Commander-in-Chief

The NY Times explains that Obama shares a common bond with many other Americans - he just can't understand that he is Commander-in-Chief:

Remark by Obama Complicates Military Sexual Assault Trials

By JENNIFER STEINHAUER

WASHINGTON — When President Obama proclaimed that those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,” it had an effect he did not intend: muddying legal cases across the country.

In at least a dozen sexual assault cases since the president’s remarks at the White House in May, judges and defense lawyers have said that Mr. Obama’s words as commander in chief amounted to “unlawful command influence,” tainting trials as a result. Military law experts said that those cases were only the beginning and that the president’s remarks were certain to complicate almost all prosecutions for sexual assault.

“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.

The White House has offered the "He was just running his mouth again, who knew anyone was listening?" defense:

White House officials said Mr. Obama’s remarks, made in response to a reporter’s question, were meant to demonstrate his concern about the issue and were not intended to recommend penalties for offenders.

“The president was absolutely not trying to be prescriptive,” said Kathryn Ruemmler, the White House counsel. “He was listing a range of examples of how offenders could be held accountable. The president expects all military personnel who are involved in any way in the military justice process to exercise their independent professional judgment.”

Do tell. Let's have a bit more context. This is in response to a question about sexual; assailt in the military at the May 7 press conference with President Park of South Korea:

So bottom line is I have no tolerance for this.  I have communicated this to the Secretary of Defense.  We're going to communicate this again to folks up and down the chain in areas of authority, and I expect consequences.
 
So I don’t want just more speeches or awareness programs or training but, ultimately, folks look the other way.  If we find out somebody is engaging in this stuff, they've got to be held accountable -- prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged.  Period.  It's not acceptable.

Not "prescriptive"?

JAMES JOYNER:

Obama is not only a graduate of Harvard Law School but taught for years at the University of Chicago Law School, two of the most prestigious legal institutions in the country. Nor is he at this stage a neophyte; he’s been president four years. Surely, he should have understood the impact of his words here.

Alas, this is a case of his multiple roles being in conflict. As the nation’s head of state and as the Democratic party’s leader, he had to say these things about the outrage of sexual assault, let alone that committed by top officers. As commander-in-chief of the armed forces, it was also imperative to make it clear that this behavior can not and will not be tolerated. But that role also brings with it a responsibility to not prejudice trials that would come before military juries. He failed in that responsibility.

Balancing his roles has not been Obama's strength.

 

 

Comments

[James D.]

I wonder if Zero believes that sexual assault or other such misconduct should be punished similarly at DHS, HHS, DoJ and other departments and agencies under his authority?

Anybody think a reporter will ask (or, be allowed, for that matter) him that?

[Jane -walk like an Egyptian]

He's just stupid. He is the interferer in chief - like the neighborhood gossip with nothing better to do.

[Clarice]

He seems to think he's still a neighborhood organizer whose job is to shoot off his mouth and stir up stuff.

[Jane -walk like an Egyptian]

He's got nothing better to do Clarice. I swear the man hasn't worked a single day since he's been in office.

[Jane -walk like an Egyptian]

I can't bear to think about it, but I would not be surprised if Holder brings civil rights charges against Zimmerman.

[rse]

Clarice--

I had this same thought when reading today's Pieces or the docs laying out the hoped for change in US governance and politics etc. He would have been privy to those plans as so many of the proponents are linked to the Windy City or appointees he has pushed. The commitment is not to the Constitution he swore an oath to, it's to the cooperative commonwealth bo's mentor Harry Boyte dreams of installing. I have no doubt that is why the WH Office of Civic Engagement formally entered in to the American Commonwealth Project with Boyte in 2012.

We have what is going on with our funding as you noted because they are using continuing resolutions. Then we have what the media covers and the gulf has never been wider. There should not have been weeping moms on ABC last night convinced a little boy was cruelly murdered and now there is no recourse. The media is using the powers of false narrative coupled with visuals to created influential false belief systems that drive people to action.

And that pursuit is just beginning.

[rse]

By the way the interviewed weeping mom insisted the acquittal showed "we must have change." in a tone of voice that was far more chilling than anything a Tea Partier has ever hoped to achieve. It's horrific when the persecuted revolutionaries are those insisting on the rule of law and the meaning of the docs that supposedly set the framework for governance.

[Clarice]

Jane, I don't see the DoJ instituting anything against DZ. I read last night BYW that under Fa law he now has immunity from any civil suiy filed against him growing out of this incident and he's entitled to state reimbursement of his legal fees.

[Gmax]

Tremendous incompetence trails Obama like a six week old puppy just weaned from his mom. Is there anyone you know leading a major corporation that shows this level of incompetence on a weekly basis? Of course not, they would be removed by the BOD well before now. Its almost like Affirmative Action means you cant fire a dumb shit or something...

[Jeff Dobbs]

I agree - it's not so much Constitutional Lecturer Becomes CinC...it's Community Organizer.

Stir shit up. It's what Obama does, it's who Obama is.

America is a nail, and all Obama has is a hammer. Thing is, he's too puny to lift and swing that hammer himself, so he has to rally all the other weaklings to collectively do so.

Forward.

[boatbuilder]

Civil rights charges would be very hard for Zimmerman, very bad for our country, and an absolute disaster for democrats in swing States. I expect that they will be pursued with single-minded intensity.

[Jane -walk like an Egyptian]

I read last night BYW that under Fa law he now has immunity from any civil suiy filed against him growing out of this incident and he's entitled to state reimbursement of his legal fees.

Wow. I didn't know that. Peter whatshisname on Fox just said he could be executed for a civil rights conviction.

(Your "Y" is getting mixed up with your "T".

[pagar]

I wonder if anyone has noticed?

http://www.soopermexican.com/2013/07/14/in-513-days-between-trayvon-dying-and-the-zimmerman-trial-verdict-11106-blacks-have-been-murdered-by-other-blacks/

Meanwhile, Just another night in Chicago.

http://www.chicagotribune.com/news/local/breaking/chi-chicago-shootings-violence-20130714,0,4764624.story

[narciso]

They are going after the Miami cops next, what I saw as a precursor of events farther up 1-95, great pieces, as always.

[JIB]

To pre-empt MarkO: He's just not that smart plus he's a thug.

The DoD is now hogtied to even bring charges much less try them. But then isn't this the new military Obama and the progs envisioned? Gays, women in combat, secular, carrying weapons sans ammo, RoE's structured around peaceful co-existence and tolerance for intolerant behavior.

[narciso]

Dean Howells weeps, well it is the Brennan Center;

http://www.theatlantic.com/national/archive/2013/07/law-and-justice-and-george-zimmerman/277772/

[narciso]

Yet, another example when Rupert's cribsheets are unreliable,

[MarkO]

The principle of Unlawful Command Influence is what was at play with the IRS, and who knows what else. It was clear direction from the chief executive.

Nothing so elegant as, 'Will no one rid me of this troublesome priest?"

[narciso]

Didn't Nixon run into this problem with Calley,

[narciso]

The Command influence issue, I should make clear.

[MarkO]

I think there is no question that claiming Martin might have been his son is another example of Obama's UCI.

By the way, the jury’s verdict is a finding of fact that Martin’s behavior put Zimmerman in reasonable fear of serious bodily injury or death.

[henry]

The sun came up and Zimmerman is still free. Excellent Pieces, coffee, and time for idiots on TV. The "Free Mumia" crowd in full dudgeon promises to be good viewing.

[PaulV]

Nixon ran into problems for not using adjective "alleged" when discussing Charles Manson.

[NJJan]

I am not a big Glen Beck fan, but I thought this very good. Hopefully,all will remain peaceful, but it doesn't take much during hot summer to ignite the population in some areas

"Many asking: "what riots?" They are right. None now and pray that none happen. It was in a retweet. Missed the point. PRAY FOR OUR COPS."

[NJJan]

Cory Booker's reaction along with other stellar NJ folks

http://www.nj.com/news/index.ssf/2013/07/cory_booker_other_nj_figures_react_to_zimmerman_verdict.html#incart_river

[Old Lurker]

I agree he is not that smart.

And he is lazy.

But like all those masses in the Middle East whose IQs average what, 80?, and who are all unemployed and do nothing productive, they are still able to wreak havoc on the rest of the world.

And so it is with Obama.

[Account Deleted]

Tonight I curse that jury

---Cory Booker - Black Klan Leader

[NJJan]

Rick

And Booker a "moderate" NJ dem. Recently saw a Booker for Senate ad on tv touting his "accomplishments" in Newark. They are comparable to O's "accomplishments" for the Nation.

Out for a while.

[Jim]

No matter his education and experience, he is still asshole in chief.

[Ignatz]

If Barry had a son would he be as damned stupid as his father?

[Jane -walk like an Egyptian]

Every bloody democrat on the planet is essentially saying "evidence doesn't matter if you kill a black "child". It's a sad day when Dan Abrahms is the most honest dem around.

[Jeff Dobbs]

the most honest dem around

That's like the coolest place on the sun.

[narciso]

Joyner doesn't examine the context of lectures, basically regurgitated Derrick Bell,
and Roberto Unger.

[narciso]

This 'Deep State' foolishness, proferred by first Kirkpatrick and Levinson, is also part of this.

[narciso]

Bob Graham has an interesting piece, on ground that has been covered before;

http://www.miamiherald.com/2013/07/13/3497610/post-911-questions-for-obama.html

[Stephanie]

He thinks he uses his tongue 'prettier than a twenty dollar whore." Too bad he doesn't realize that his description doesn't stop there.

[Old Lurker]

Great verdict.

Sad to see all the Dems (Harry Reid et al) promising that "this is not over...the Feds are looking into it...and the President is right to exert pressure.) I hope C is right that there is no there, there.

What is sad is how this attitude reflects what we have been saying here about using an overwhelming complexity of laws and regulations to ensure that the government can find anyone guilty of something any time it decides to persecute an individual for political reasons.

As I said above, I hope that is not feasible in this instance for the reason Clarice stated, but clearly all the Obama voters wish for a system like that where the mob can rule as it wishes.

[pagar]

Jane @10:53
"Every bloody democrat on the planet is essentially saying "evidence doesn't matter if you kill a black "child"."

http://www.abort73.com/abortion/abortion_and_race/

. Not only are black children being killed at a far greater percentage than white children, it's possible they're being killed in greater numbers, period.

When people try to stop this genocide, riots break out because the rioters want to kill more, Lots More.

[bgates]

America is a nail, and all Obama has is a hammer.

That's not true. He's got a sickle.

[Jane -walk like an Egyptian]

Yikes Pagar!

Double YIKES BGates!

[bgates]

Tonight I curse that jury

Was a quote from somebody else. Booker, to his credit, responded with

Please don't. They're American's who did their best.

[Jeff Dobbs]

Heh, bgates. Can't argue with that.

[Gmax]

If the goal of Democrats is to attempt to take back the House ( I trying not to snicker here and realize that Don Quixote was more in touch with reality ) then there is no chance that this DOJ ploy will be tried, as blacks are clustered in prog plantations and can not impact any of the swing districts that Democrats would need to have any hope of control of the House. Its also counterproductive in many of the states that Democrats must hold to maintain even a tenuous grip on the Senate, as there are many states that just don't have a large enough black population to matter. Alaska for instance, so Begich would be disadvantaged even more than I think he currently is, if a blantant appeal to race is the Eric Holder nonsense next up.

[Clarice]

Jane, the family's visiting and the distractions are extreme. :)

[Jane -walk like an Egyptian]

And also cute Clarice.

[Clarice]

So cute I can't begin to tell you.

[AliceH]

OT for JamesD:

via AoS Book Thread today:

PJ Media is starting up a "Book Plug Friday" post for indie writers, hosted by Sarah Hoyt and Charlie Martin. Authors are invited to send a short plug for their books (one plug per book).
http://pjmedia.com/lifestyle/2013/07/12/book-plug-friday/

It is still getting fully spun up, but the plan is to have book covers too as well as the text blurb, and maybe even a dedicated email address for submissions.

[narciso]

Can you show, though.

[bgates]

I don't want to give the impression that Booker is truly the legendary "reasonable Democrat"; he had earlier Tweeted

We must mourn the unnecessary & unjust death of a child

which packs an impressive three lies into just ten words.

[Gmax]

So cute I can't begin to tell you.

Posted by: Clarice

This post is worthless without pictures. Just sayin'

[Clarice]

Sorry, can't o--but she's brilliant ,funny and beautiful and very active. Very active.

[polly]

Gmax, I don't think Clarice wants to post pics--intrusion, etc. on family.

[narciso]

'You ask for Miracles, Theo,' I give the Clean toga crowd;

http://hotair.com/headlines/archives/2013/07/14/republicans-close-ranks-against-liz-cheney/

[N. Y. Nick]

Another retard's goofy malapropism: Black attorney Crump said that The Tray von B. Martin Trial will live in the anuls of history.

[centralcal]

Sounds like you're having a lot of fun with the Wolverine, Clarice! I miss those days - granddaughters are now teens.

I (thanks to a link on FB by Janet) just finished watching the interview of Robert Zimmerman (George's brother) by Piers Morgan on CNN. Cannot find the words to say how very impressed I am with RZ. The best, however, comes at the very end when he responds to a question from Don Lemmon. Even Lemmon looked pensive, so powerful were RZ's statements.

[James D.]

Thanks, Alice!

[NKonIPad]

So I read this morning for the first time I can remember, that GZ is 1/4 'black' through his maternal grandfather....hmm... Well I am rightly proud that I supported a young man against the tyrannical abuse of The State.
Congrats to the GZ legal team and many thanks to the 6 lady jurors.

[peter]

well said, bg at 12:24

[NKonIPad]

Ooops young black man (GZ 1/4)....

[Frau Sündenbock]

He seems to think he's still a neighborhood organizer whose job is to shoot off his mouth and stir up stuff.

It's hard to *fix* anything Clarice sez or does; however.......an organizer is too positive a description of what Obama has made his life's occupation.

As an Alinskyite, Obama has always been an agitator, first in Chicago and now on national and international levels. The goal is not organization but disruption and chaos.

[N. Y. Nick]

GZ is 1/4 black through his grandmammy.
I doubt it. More likely Seminole/Cherokee.

[AliceH]

--More likely Seminole/Cherokee--

Seminoles and Cherokee are from Peru? I did not know that.

[NKonIPad]

As i said I don t remember reading about GZ being 1/4 black. If anybody has details I'd be curious to hear.

[Janet --- -... .- -- .- ... ..- -.-. -.- ...]

Seminoles and Cherokee are from Peru?

No, no, no. Cherokees live in Massachusetts & eat Mexican Oatmeal Soup.

[AliceH]

NK - that's why DoT and Instapundit have been riffing the "more black than Plessy" for a year now.

[narciso]

Here's one account;

http://www.dailymail.co.uk/news/article-2135271/Trayvon-Martin-shooting-George-Zimmermans-role-support-protection-community-ravaged-burglaries-vandalism-just-shooting.html

[narciso]

Here's one account:

[MarkO]

Literally, two for one.

[AliceH]

Thanks, Janet. This collective-identity stuff is hard.

[Janet --- -... .- -- .- ... ..- -.-. -.- ...]

I hear ya, Alice! :)

[Gmax]

I thought Cherokees taught at Harvard? FlingingPoos teach at Pitzer.

[N. Y. Nick]

- Seminoles and Cherokee are from Peru -

They aren't mutually exclusive. But now that you've raised that issue, and if you had watched The Revisionist History Channel 2, you would know, also, that many native South American Indians are descendants of aliens from outer space; hence, they must've gone to Florida, too.

[Jorge]

Why do Harry Reid and the Democrats hate hispanics so much?

"On Sunday, Senate Majority Leader Harry Reid (D-NV) asked for the Justice Department to prosecute George Zimmerman"

http://www.breitbart.com/Big-Government/2013/07/14/Reid-Zimmerman-not-over

[rse]

Alice--thanks for that link as well. And ChaCo I remain on track for September even if most days I feel a little crazy. While answering the ed story I also answered the AGW. Same docs.

Today's post is where all this is leading and I am relieved that it is done. Now I can just keep at the mop-up of how this all keeps getting in. http://www.invisibleserfscollar.com/finale-essential-learning-outcomes-to-guide-all-students-through-decreed-global-challenges/

With respect to the Zimmerman verdict it is hard not to juxtapose all the false info and even doctored visuals designed to create a false narrative of the case with the explicit plans to keep urban districts weak to make it easier to organize low income parents and students of color. Ignorant and aggrieved in very powerful but as dangerous as nitro to a country's future.

It feels like though this time everyone BUT the politically connected is supposed to stay on the assigned plantation. Servitude for all but a relative few.

[Captain Hate]

'You ask for Miracles, Theo,' I give the Clean toga crowd

They may as well go full Jonestown and remove any lingering suspense.

[narciso]

Meanwhile, some insight into the matter;

http://twitchy.com/2013/07/14/rapper-lupe-fiasco-black-blood-spills-in-the-streets-of-america-nightly-at-the-hands-of-other-blacks/

[H]

The most honest dem around

That's like the coolest place on the sun.

It's kind of like having the best SHIT SANDWICH on your block.

[Gus]

rse. The left is in full campaign mode. I've called it the FULL COMMIE. Wars on blacks, wars on women, and the Immigration reform meme's are all designed to keep and grow their electoral base. Demonizing your opponents as hateful, racists, and bigots is in full swing. I saw this era coming. To keep the base, they need to lie and hate.

[Agent J]

narciso | July 14, 2013 at 12:37 PM

I would put more value in this if we had some names of those 14. Do we know who they are?

O/T

I received another blessing last Thursday, Grand Daughter delivered my first Great Grand Son In Gillette, WY. Will see them in two weeks.

WO/T

Trying to do something different, I want to go back to Glacier National Park, two grand daughters ages 13 & 12 got permission from the parents to go with me.

My most perplexing problem is keeping them entertained. They both have reading and comprehension above the high school level. So look out SD, WY and Montana during August.

[Gmax]

So look out SD, WY and Montana during August.

LOL

Challenge may well be grandpa finding the energy to hang with young teens! Knock yourself out, you can rest when its over....

[N. Y. Nick]

This era? This era, as you call it. began in the 1800's, becoming more strident and more vitriolic as improvements occur in communications.

The only differences in the rhetoric now and 50 years ago are the faces behind the rhetoric. The messages remain the same.
Immorality and Socialism.

They're too stupid to even come up with, for starters, a workable compromise between Capitalism and Socialism, a no brainer, actually. (I say the latter to screw with their minds.)

[daddy]

"Abby somebody."

"Abby Who?"

"Abby Normal!"

My oldest is at some summer science program at Yale. Momma had her go to the Cushing Medical Center there for a Sunday afternoon tour, so this morning she has been wandering thru the basement looking at rows and rows of brains and other medical oddities, and texting with comments and photos.

Most frequent text message you ask?
"OMG, OMG, OMG, OMG, OMG!!!

:)

Good Morning!

[NKonIPad]

Daddy please remind the DaddyDaughter to use common sense in New Haven. Too many gang bangers and wannabees.

[Jeff Dobbs]

Congrats AgentJ!!!1!!!!

[JIB]

daddy,

Talking about summer science program, Mr. Frederick has decided to stay here in Southampton, go to tennis camp for the fourth week, and not go back down to Florida where he was scheduled to go to Physics and Astronomy camp at Embry-Riddle. But he will be going to his second Space Camp there at the end of the month.

Hard to believe that he is starting school again a month from tomorrow.

Anyone know what the riot score is? How many? Damages? Deaths?

Any white-hispanics being terrorized because of their ethnicity?

[henry]

Daddy, when I took a History of Medicine seminar as an undergrad we met in a room filled with old medical devices (a hall of horrors). Never went downstairs to the tumor registry. They have lots of cool stuff stashed in odd corners of that campus!

[Jane -walk like an Egyptian]

Cool Daddy! I hope that means you will be doing a tour through New England!

[Jane -walk like an Egyptian]

And cool Agent J too! I bet you have a blast! I went to Greece with my nieces when they were 14 and 15. What wonderful memories I still have of that trip.

[anonamom]

Agent J, re: Keeping those girls "entertained":

My younger son (not bragging here, just stating the facts-- Phi Beta Kappa from an Ivy that shall remain nameless as they are almost totally despicable) who has had to spend every summer of his life in northern Michigan on a lake, screen free, said one night two years ago, age 21, as we were returning home from playing Pinochle at my aunt and uncle's cottage:

"That is as much fun as people can have!
Why don't more people play cards?"

This from a young man who has been to Europe five times, spent two summers in Africa, and goes into NYC at the drop of a hat.

There 24 grandchildren who have produced God only knows how many great grandchildren--and playing cards is our major evening pasttime up here.

Take a couple decks of cards, and maybe a cribbage board.
And bug spray!

[NKonIPad]

Daddy. If you are going to New Haven let me (and our kind host) I owe some libation;I missed you when you were in Manhattan.

[pagar]

O/T-Not safe for reading Anywhere!

Our commander-in-chief "Obama refuses to designate Boko Haram a terrorist organization (tea partiers, vets, grandmas and George Zimmerman, well that's a whole other thing)."

http://atlasshrugs2000.typepad.com/atlas_shrugs/2013/07/pro-caliphate-muslim-group-stripped-children-before-machine-gunning-and-setting-them-ablaze.html

[narciso]

Well that's because of 'Bad governance' and Salafism, but mostly Salafism, as the Ewok would say.

[daddy]

Thanks NK for that advice,

She has had her head on a swivel. Likes the Campus, but having lived all her life in our town of 275,000 with relatively low crime and beautiful untouched vistas stretching off hundreds of miles in all directions, East Coast Urban blight is something new to her. Momma ran her out to get her settled in for the first week and to scope out the neighborhood, but she seems to have settled in now and says she knows what areas to stay away from. She is studying hard and we're awful proud of her.

[OldTimer]

What difference at this point does it make?

From the Brit press:
...9/11 mastermind revealed Al Qaeda plot to bring down airliner to mafia boss from his jail cell just weeks before the TWA 800 crash – and the FBI were told

http://www.dailymail.co.uk/news/article-2362820/9-11-World-Trade-Center-bomber-Ramzi-Yousef-revealed-secrets-TWA-800-crash-mafia-boss-jail-cell.html

[Some Guy]

Did we ever hear what the exact question from the jury was about manslaughter?

[Jeff Dobbs]

Yes, Some Guy. Via Legalinsurrection:

“May we please have clarification on instructions regarding manslaughter?”

[Agent J]

anonamom | July 14, 2013 at 02:58 PM

All of our grand children have spent some memorable times in the Eastern part of the UP, a short bike ride to Lake Michigan. They all want to go back. Unfortunately their parents do not feel the same way about it..My problem is that I had such close ties to my late wife parents who lived in the UP and are now deceased ( took care of both of them)an their daughter. It just hurts me to much. That is why I go out west. But yes those people still know how to entertain themselves with cards an moderate booze..Sometimes not so much moderation on the booze..

[Gmax]

Zero issues statement on the Zimmerman verdict. To his credit he does indicate a jury has spoken and we are a nation of laws. As expected, the lout could not resist a gratuitous swipe at "gun violence". How about the violence of an unprovoked assault? Not a word.

[Jeff Dobbs]

Obama's statement on the Zimmerman trial, found at Hot Air.

He neither met, exceeded nor fell short of my expectations.

[AliceH]

--He neither met, exceeded nor fell short of my expectations.--

So... Null set? Sounds about right.