Court-Martial Military Defense Under UCMJ - Ltc Lakin (A work in progress)

Military Law & Justice ^ | 5-5-10

[STARWISE]

God bless and protect Ltc. Lakin and his legal team.

[STARWISE]

~~Ping!

[pissant]

An American Hero

[Seizethecarp]

Lakin ping (great one on discovery) for LucyT’s list

[MrEdd]

ping

[Gay State Conservative]

I'll wager the clothes on my back that the Colonel's lawyers won't be allowed to utter a word about the basic question of Hussein's eligibility in the courtroom.I'll also wager that he'll be found guilty on all counts or he'll eventually plead guilty to some lesser charges.

If the Colonel's basic argument about eligibility is justified (and I don't know if it is or not) he had better hope his case eventually gets to a civilian appeals court.That,IMO,is his *only* hope at this point.

[OldDeckHand]

"If the Colonel's basic argument about eligibility is justified (and I don't know if it is or not) he had better hope his case eventually gets to a civilian appeals court.That,IMO,is his *only* hope at this point. "

The military justice system has its own appellate process. It includes an appeals court that is staffed solely with service branch lawyers (JAGS), and it has another that is staffed by prior-service civilians. That court is called the US Court of Appeals for the Armed Forces (CAAF). While they are civilian judges, they are applying military law. And of course, if they agree to hear the case, then the defendant may apply for cert to the Supreme Court, should he lose on appeal at CAAF. Interestingly, if CAAF denies him, that's it. His appellate options are then almost completely foreclosed.

There is another obscure way that a confined service member could petition for Supreme Court review, but even in the worst case scenario, Lakin wouldn't be confined nearly long enough to use that particular avenue.

[Gay State Conservative]

The military justice system has its own appellate process. It includes an appeals court that is staffed solely with service branch lawyers (JAGS), and it has another that is staffed by prior-service civilians. That court is called the US Court of Appeals for the Armed Forces (CAAF).

Yes,I was given a brief tutorial earlier today by "jagusafr",who's an Air Force JAG,on that court.IIRC you,too,are a lawyer...but I don't know if you are/were a military lawyer or not.The basic attitude of *this* amateur lawyer...which is refuted by "jagusafr" (and very possibly by you) is that the military judge presiding at the Court Martial won't dare allow a word to be uttered about eligibility in the courtroom and that no military appeals court would dare overturn a conviction for any reason.Basically,I don't have *nearly* as much confidence in the basic independence of the military's judicial arm (in *this* case,at least) as jagusafr" does.and I suspect that you'll want to chime in on that as well. ;-)

If you do,I'm all ears!

[OldDeckHand]

"I don't have *nearly* as much confidence in the basic independence of the military's judicial arm"

I do. The military justice system is far more insulated, IMHO, from political pressures than its civilian counterpart. In military justice, there is an element called "undo command influence" (UCI), which can be and is from time to time, used as grounds for an appeal. That influence may come not only from military superiors, but civilian commanders as well.

I am confident that there will be no influence in this case, primarily because everyone is watching, and no one wants to be reversed or vacated on appeal.

[melancholy]

Lakin ping (great one on discovery) for LucyT’s list

<Court-Martial Military Defense Under UCMJ - Ltc Lakin (A work in progress)

Thank you, Seizethecarp.

[seekthetruth]

Thanks for the ping!

Please let us know how we can help LTC Lakin. Wondering if it would be helpful (or not) for folks who want to show support to show up in DC on June 6th.

[seekthetruth]

Meant to say on June 11th.

[bitt]

you all are ‘pleased’ at the possibility of discovery? (took me 5 minutes to read the above...confounded...)

a link to the donations account, anyone?? they take Paypal, IIRc..

[Dajjal]

obumpa

[melancholy]

LucyT ping................

Court-Martial Military Defense Under UCMJ - Ltc Lakin (A work in progress)

Thanks, bitt.

[GregNH]

Lakin put zero between a rock and hard place. If he didn’t order court martial, he looks guilty. He is taking his chances with lawyers. As they say in Texas Hold Em. Lakin said...I’m all in.

[FreeAtlanta]

Wouldn't it be interesting if he has the quiet backing of many other concerned officers all the way up Pentagon?

Maybe, he volunteered to fall on the sword to advance this very serious and dangerous issue.

[Sola Veritas]

“Wouldn’t it be interesting if he has the quiet backing of many other concerned officers all the way up Pentagon?”

That would fine, but I’m afraid it just isn’t so. There just isn’t that much courage (a special kind required) in the upper ranks.

[Uncle Chip]

God bless and protect Ltc. Lakin and his legal team.

Amen --

[Gay State Conservative]

Wouldn't it be interesting if he has the quiet backing of many other concerned officers all the way up Pentagon?

It sure would.But it would have to be *very* quiet support because if it was at all "noisy" it would be a ticket to a dismissal...or *much* worse.

Maybe, he volunteered to fall on the sword to advance this very serious and dangerous issue.

Who knows? But I doubt that he has a prayer in hell of prevailing here or of even having his basic contention...ineligibility...being heard in the courtroom.Hey,there are those in the military who are willing to fall on a grenade (me,sadly,not being one of them) and there are those willing to ruin their lives trying to expose a serious wrong (assuming,of course,that Hussein *is* ineligible).