Did Lt Col Lakin refuse his pay check from the military? Did he refuse orders to show up for work? Nope. He only refused to deploy.
He had no legal case, which is why, in the end, he pleaded “Guilty”...
Once I would have started I would have been refusing all orders: if the chain of command is broken at the top, then there is no authority in those orders. It would be like cutting the hose at the faucet, the rubber becomes empty, devoid of the water it normally carries. (There is actually a very specific case where orders would be valid: if they are directly pursuant the Constitution [ex. Art 4, Sec 4].)
He obeyed orders while the lawfulness of orders were supposedly being researched by his superiors. That’s the proper protocol. You obey the orders, then request an investigation into the lawfulness of the orders.
His superiors left him in limbo. Dereliction of duty. I’m biting my tongue to not say what I want to say right now, and my computer screen is about ready to melt from the heat.
Combat in Afghanistan can only be authorized by the President - acting as President. That’s according to the law that Congress passed authorizing the CINC to use necessary force in response to 9-11-01. If Obama failed to qualify, the 20th Amendment would forbid him to “act as President” but would instead give the authority to Joe Biden - who did NOT agree with the “surge” in Afghanistan.
That is the case regardless of whether the President-elect became President or took the oath of office. Even if he WAS the President because he was certified as the electoral winner and the beginning of the term began, and even if he fulfilled the OTHER thing that is required before assuming Presidential duties (the oath of office) - he still cannot “act as President” until he actually qualifies.
Judge Lind based everything on the certification of the election and the oath of office. She claimed the orders were lawful because Obama took the oath of office. But the 20th Amendment says nothing about the oath of office. The oath of office is irrelevant to the 20th Amendment. If the President elect fails to qualify by the start of his term of office, he cannot “act as President” (even though he actually BECOMES President then) until he DOES qualify.
And to this day Obama has NEVER qualified. The HI state registrar has revealed that he CANNOT qualify unless and until his non-valid BC is presented as evidence and birth facts are legally determined. As it is we have no idea when, where, or to whom he was born. We literally have NO IDEA who this guy even IS.
Salaries can lawfully be paid without a Presidential order. A “surge” in Afghanistan that is against the wishes of the person who is Constitutionally required to “act as President” (Joe Biden) CANNOT be lawful - since it is in violation of both the Constitution and the War Powers Act.
So there are 2 justifiable reasons that the refusal to deploy is different than the other issues:
First, the others were while his chain of command was SUPPOSED TO BE (!#$@#@@#$%) finding answers for him so he didn’t have to be on his own regarding what to do; and
Second; the other orders don’t specifically depend on the CINC’s lawful authorization, according to the actual laws. The authorization for the use of force specifically required the CINC (the one “acting as President”) to authorize force. Anybody here knows that if Dick Cheney had gone against GW Bush and authorized the use of force against Iran (for instance), nobody would be cool with that. Well, if Joe Biden is really the one who is Constitutionally-authorized to “act as President”, then this would be the same situation. Lakin deserved to have clarification, and NOBODY - none of the stinking chain of command that’s supposed to be so HONORABLE - would even clarify it for him.
I better shut up now or I’ll say something I regret.
I need to walk away from this. I care too much about this, and I need to be able to just wait for the Day when the truth is all revealed.