Recent remarks by President Obama is making the trial and conviction of military personnel arrested and charged with sex crimes more difficult if not impossible because, coming from the Commander in Chief, the remarks are, “unlawful command influence”. So far it has affected at least 12 cases and in all liklihood in many more.
Recently, President Obama described what should happen to anyone accused of sexual crimes, “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged.” Both defense lawyers and judges have said that his remarks taint the prosecution of those accused of such crimes and could end in acquittals on a technicality.
It is not the first time the president has used his office as a bully pulpit by making remarks without thinking about the consequences. In a now famous case at Harvard, President Obama stated that the Harvard police had acted “stupidly.” He later defended that statement, “I have to say I am surprised by the controversy surrounding my statement, because I think it was a pretty straightforward commentary that you probably don’t need to handcuff a guy, a middle-aged man who uses a cane, who’s in his own home,”
The problem was that the professor was trying to break into his own backdoor and refused to provide identification to the police. As a mea culpa, the president held the famous beer summit.
In the Trayvon Martin case, the president also took a stand on that case and made the remark that if he had a son, he would look just like Trayvon. That remark could undermine charges against George Zimmerman, as undue influence. The White House is now try to distance itself from the remarks but it appears to be too late.
The presidency is the most powerful office in this country and all presidents have been careful what they say, as their words carry consequences. In this case, dangerous sexual predators may have to be released and returned to their commands.
Thomas J. Romig, a former high ranking judge for the army, expressed it this way, “His remarks were more specific than I’ve ever heard a commander in chief get. When the commander in chief says they will be dishonorably discharged, that’s a pretty specific message. Every military defense counsel will make a motion about this.”
His remarks have already freed several such predators. At Shaw Air Force Base, located in South Carolina, a judge tossed charges of sexual assault against an officer, based on the president’s remarks. In Hawaii, two defendents in sexual assault cases were told that even if found guilty, they could not be discharged from the service.
At Fort Bragg, an Army Drig. General, Jeffrey Sinclair’s lawyer, made a motion to throw out the charges against the general, prefacing the president’s remark. Sinclair is accused of forcing a lower ranking officer to perform oral sex on him. He may now walk away as a free man.
Like elections, words have consequences. Let’s hope Prewsident Obama learns to weigh his more carefully.
