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Why Presidents Need to Watch Their F@!K&%$ Mouths
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So, if this sort of comment is considered unlawful influence, what about all his comments about ObamaCare before the SCOTUS handed down a decision, and his comments on other, lower profile, cases? Wouldn’t (shouldn’t) THEY be considered prejudicial, too?
Easy answer, Rolf. We’re dealing with a different flavor of jurisprudence here, one which specifically forbids the behavior of commanders which was cited. The only thing similar in Federal ordinary law would be the defense of a tainted jury pool, which almost never succeeds when it it raised, or so I was told by my lawyer Uncle years ago.
Rivrdog is right, the problem here is the POTUS in also the CIC. If he says that sexual harassment & sexual assault cases will result in dishonorable discharges & jail time, etc, without military justice explicitly reflecting such, then defendants can argue that they can not get a fair trial since the CIC has already decided what punishments they should receive & the convening authority may feel obligated to obey his very public orders.