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Judge: Obama sex assault comments ‘unlawful command influence’
Stars & Stripes; Eric Slavin
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.
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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.The ruling sets the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military.
Obama makes policy comments. Defense lawyer says “oh noes!!!!” Judge rules no one may be discharged for bad conduct? #wtf