A military judge has refused the Obama administration's request to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen, FOX News learned Thursday. Judge James Pohl's ruling throws a wrench in President Obama's plans to suspend the military tribunal process for 120 days while the administration reviews how to close the Guantanamo Bay detention facility within the year. Pohl's decision is striking because two other military judges in a Sept. 11 conspiracy case and in the case of Canadian Al Qaeda operative Omar Khadr agreed to suspend proceedings in accordance with Obama's recent executive order, which put a hold on all military tribunals.

If a judge can declare prayer in schools unconstitutional then this judge can declare that the Gitmo trials proceed. Why should we delay the prosecution of some one who is responsible for the deaths of U.S. Sailors well before 9/11? Why should we delay the prosecution of any of the terrorists in Gitmo?

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