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From germany and when we don't know. but you don't believe he will be prosecuted -- why? >> in the military justice system there is a command known as unlawful command influence and the idea is that people higher in command are not supposed to comment on those lower in command. you had the president in the rose garden especially declaring him a war honor and susan rice saying similar things. that sends a message loud and clear to those junior to the president about making the prosecution. >> there is no requirement. so is this the president's call ultimately? doesn't the military have jurisdic...

She says this illustrates a military justice system in dire need of independence from the chain of command. it's not only the right thing to do for men and women in uniform but would also mitigate undue command influence that we've seen when survivors and defense attorneys both agree we need to reform the system, it should tell us the system needs reform. let me just briefly say for folks who are learning about this, undo command influence is simply the idea that when the president or other commanders mention that they want, for example, justice for victims of sexual assault, that can actually...

Charged with sexual assault are seeking to renegotiate a plea deal. a military judge dismissed the jury on tuesday. he determined political concerns improperly influenced brigadier jeffrey sinclair's case. he found the appearance of unlawful command influence in the decision to reject a plea bargain in january. with the pope's one-year an verse re as pontiff approaching, take a look at how he is viewed on twitter. positive comments outweigh the negative 5-1. in entertainment breaking news overnight. actor chris pine has been arrested for drunk driving in new zealand. the 33-year-old has be...

While that should be the appropriate response from our commander-in-chief, defense lawyers have perverted the president's words to argue that they are having an unlawful influence on current sexual assault cases. in fact, in a number of cases, this argument resulted in charges of assault being dropped. several military judges have said the president's words have amounted to an unlawful command influence. that's right. the commander-in-chief tainted the jury pool in effect. so this month, the defense secretary chuck hagel had to issue a memo to senior leaders ordering that while they can public...

Oversight over the prosecution of the crime. as secretary hagel fends off outside critics who say they cannot be handled within the military chain of command, internally he is trying the reforce idea that publicly condemning sexual assault can't be used as a defense against charges. meanwhile on capitol hill, a showdown is expected later this fall between two factions of lawmaker on. one side, led by missouri senator claire mccass kell would preserve it. and her colleague wants to take the prosecution outside the chain of command. and shouldn't that be where we go? let's take any unlawful comm...