Posted on 12/03/2010 12:01:07 AM PST by rxsid
"Lakin's attorney: Conviction 'certain'
'He's very disappointed in military justice system'
"Based on the evidence available, his conviction is certain," Puckett told WND. "He has no affirmative defense for the offenses he committed."
"There is not much left to do" in defense of his client, Puckett said. Lakin's previous defense counsel, Paul Jensen, already "sought discovery of documents, and to introduce evidence and expert witnesses, but the judge shut down all those efforts."
...
"LTC Lakin asked many people to answer his questions about his misgivings about the legitimacy of the president, even the White House. He had a question that a lot of Americans have, a question that hasn't been answered by the legislative branch or by the judicial branch..
"...What he has discovered is that the military justice system cannot produce the answers to those questions."
"We have to proceed without the documents, evidence and witnesses that have been denied to the defense. LTC Lakin is left to speak for himself and defend himself. It's up to him whether he wants to testify in his own defense, said Puckett.
Puckett would not reveal Lakin's decision, or any other details of his defense plans. He predicted that Lakin would end up, at worst, convicted of two violations of orders, be dismissed from the service, and spend a year in confinement.
Once guilt or innocence has been determined by his jurors, the trial will move to a presentencing hearing, when Lakin will have an unfettered opportunity to introduce mitigating evidence that might justify his disobedience in spite of Judge Lind's limitations on the scope of the trial.
"If he were to be convicted, he would have an open microphone to talk to the panel of jurors," said Puckett. "
Continued: http://www.wnd.com/index.php?fa=PAGE.view&pageId=235561
(Excerpt) Read more at wnd.com ...
That's pretty simple to answer. I know people don't want to hear it, but legally this case is open and shut. Lakin got very bad advice from his first attorney and chose to bring up Obama’s eligibility as a defense in a venue where the statutes and legal precedent to deny such a defense are overwhelming.
He did not adequately evaluate the terrain upon which he chose to deploy. Or, as my mother used to say, if wishes were horses, beggars would ride.
I had to represent someone doing something similar once. All you can do is your best to get them their opportunity to make the statement they want, while working what angles you have to minimize the consequences.
“If he were to be convicted, he would have an open microphone to talk to the panel of jurors,”
The judge denied discovery of documents, introduction of evidence, and expert witnesses. There is no way to defend under those circumstances. So Lakin will be convicted BUT after the conviction he has a totally open mike to make his case. The judge can’t shut that down.
Col. Lakin knew all these possibilities going in, and apparently losing his career and its benefits, and spending a year in Leavenworth was worth it to him to make his point. Wise or not, THAT is courage of your convictions.
I am amazed how many people simply cannot, or will not, recognize the distinction between the operational command of the military and the statutory authority by which orders are given in the military and required to be obeyed.
It’s right there in the Constitution. The Founders wrote about it. The legal basis for it can be articulated in a simple paragraph as Judge Lind has done.
There is a reason why the Founders used the term natural born citizen..Please show me in the 14 Amendment the words natural born citizen.
Look up the word natural...go back to the 18th Century and beyond. You will find the words Kind, Gecynde, Kindred, family, descent; there are others but will not list them.
.
The Founders use the words “our posterity” in the preamble.
Do not complain to me..complain to the Founders if you have difficulty with the term natural born citizen.
The courts are afraid to touch it..they want this stifled..no evidence for LTC Lakin.
The 21 century is not the same as the 18th.
A natural born citizen is more than born on the soil..more than born to citizen parents....yes the Founders placed a limit who could be President.
All of that is true. If you really want action, it's your Congressional critter that has to do it.
Well good for Indiana. Still the test has not been applied to Obama. Where is his COLB? Lets just see it, duly attested by those who attended is birth.
Rather simple. Its not a matter of law, its a simple matter of fact.A matter for a jury, not a judge.
There is no court in American that wouldn’t accept a sworn deposition from a Republican Governor and her appointee, the state Health Director as evidence of the fact of birth.
Buahahahahahahahahahahaha!
Try that when you go for a drivers lincense.
Buahahahahahahahahaha!
Buahahahahahahahahahahaha!
Try that when you go for a drivers lincense.
Buahahahahahahahahaha!
I suggest that you google the term “self-authenticating document.”
There is a reason why the Founders used the term natural born citizen..Please show me in the 14 Amendment the words natural born citizen.
Look up the word natural...go back to the 18th Century and beyond. You will find the words Kind, Gecynde, Kindred, family, descent; there are others but will not list them.
.
The Founders use the words “our posterity” in the preamble.
Do not complain to me..complain to the Founders if you have difficulty with the term natural born citizen.
The courts are afraid to touch it..they want this stifled..no evidence for LTC Lakin.
The 21 century is not the same as the 18th.
A natural born citizen is more than born on the soil..more than born to citizen parents....yes the Founders placed a limit who could be President.
In the 21st Century, there is no distinction under law between a Natural Born Citizen and a Citizen of the United States at birth. If there was such a distinction in the law, Barack Obama would not be president for going on two years now.
No I am not saying that. To dispatch US troops overseas, out of the boundaries of the CONUS, I am saying that those orders initially come from the President, the CinC. When you further those orders by ordering troops overseas you must have a lawfully seated CinC.
Thank you for your reply.
But none of the orders that Lakin is charged with disobeying involve that. He was ordered to report to his Brigade Commander's office and he was ordered to report for duty with a unit within the continental U.S. Those were valid, lawful orders issued by officers with the authority to do so. Lakin disobeyed them.
I was thinking he was ordered to report to a unit that was being shipped out to Afghanistan.
You need to read his charge sheet.
For once YOU are right, BUT that evidence is only the CONSTITUTION, which paper is used in YOUR bathroom!!!
Plus a handful of FINOs enablers!!!
I suggest you read the federal rules of evidence. Self authenticating document procedure is never used unless the document itself is physically non existent, stolen, or otherwise missing.And generally there is a non authenticated true copy in issue.
Buahahahahahahahahaha!
JUST PRODUCE THE ORIGINAL DOCUMENTATION ON FILE.
And do not forget to self authenticate yourself when you need to ,whenever you get the urge, and KY lube is cheap!
McCrystal was asking for 40K so was he the one who reduced the order to send 30K instead of his request of 40K
Isn't it true that McCrystal met with your most dear leader at Kastrup airport and he was told he only would get 30K which also include Lt. Col. Lakin who was demanded to show his birth certificate???
Again you are still using the Constitution's paper to wipe off your poor (D) Ass!!!
----------------------------------------------------------------------------------------------- "Lakin, a highly decorated Army doctor with over 18 years of service, was told to bring his birth certificate when ordered to deploy to Afghanistan. Lakin was perfectly willing to provide a copy of his birth certificate if President Obama would release a copy of his.
As an officer, Lakin took an oath to “support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will faithfully discharge the duties of the office upon which I am about to enter; So help me God.”
Unlike the enlisted soldier’s oath, which includes a clause to “obey the orders of the President of the United States and the orders of the officers appointed over me …” there is no such provision in the oath for commissioned officers.
Additionally, Lakin is bound by his oath and the Uniform Code of Military Justice to obey lawful orders and to disobey any order that violates the Constitution."
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