Posted on 06/14/2010 1:18:36 PM PDT by STARWISE
LTC LAKIN
(A work in progress – 14June 2010)
LTC Lakin is no longer pending an Article 32, UCMJ, hearing, most likely he is pending consideration for a general court-martial.
Here is a link to the preferred charges pending against LTC Lakin which will be considered by MG Horst, Commander, Military District of Washington, the general court-martial convening authority.
According to a press release from LTC Lakin and others he has waived his right to be present at an Article 32, UCMJ, hearing. The command could proceed with the hearing anyway.
There have been times when an accused waives the hearing but the command goes ahead with it anyway. Apparently in this case the command has decided to accept the waiver and forward the case to Commander Military District of Washington for the next steps in the process.
Note, IMHO, LTC Lakin has waived, forfeited, given up, any complaints he had about the Article 32, UCMJ, process so far by his waiver of the hearing. Having waived his right to a hearing he cannot be heard to complain.
Here is a link to the press release.
[UD:120610] The YouTube video is operational.
Courtesy of TPMMuckraker here is the WRAMC statement:
LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010.
It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial.
MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.
What’s next?
Under Article 34, UCMJ, the Staff Judge Advocate, Commander, Military District of Washington must review the case and make a recommendation to the commander.
The SJA then has to get on MG Horst’s calendar to discuss the case. MDW, like most GCMCA’s, has a regular meeting on legal matters several times a month. So the timing of a decision on this case depends on when the next legal meeting is scheduled for.
The commander has several options:
1. Refer the charges to trial by general court-martial.
2. Return the case to the commander at WRAMC for the commander to deal with administratively (Article 15, UCMJ, action, adverse OER).
3. Direct a administrative discharge action.
4. Forward the case to HRC with a recommendation and request for administrative discharge action.
5. Dropping from the Rolls, an action taken by the President is also an option.
*** One effect of this waiver is that LTC Lakin has also waived a challenge to the pre-hearing decisions of the IO on evidence and witnesses.
He can no longer argue that the IO (or as he and others say, “the Army”) denied him a fair Article 32, UCMJ, hearing. Gone, done, finished with. He has rendered all of his and his lawyer’s crying about how the hearing was unfair to the wastebasket as meaningless.***
*snip*
Let’s assume that charges are referred for trial.
The first step will be for the trial and defense counsel to prepare and submit an Electronic Docket Notice (EDN) to the judiciary. In the document the prosecution will state a proposed trial date.
The defense will either agree or request a different date. A date for arraignment will be set. At that first Article 39(a), UCMJ, hearing little will be accomplished: a trial schedule will be agreed, and the formality of arraignment takes place. Note that many deadlines are already set out in the court rules — Rules of Practice Before Army Courts-Martial.
Upon referral of charges there are certain items of discovery they must provide the defense, and the defense can serve a request for discovery. See R.C.M. 701.
In the event the defense is not satisfied with the discovery provided they can file a motion to compel discovery with the military judge. The military judge will decide the issue.
In addition to a discovery motion the defense can file other motions. One anticipates the defense will file a motion to challenge the lawfulness of the orders given to LTC Lakin. Under United States v. New, it is up to the military judge to rule whether or not an order is lawful.
Rest @ link
Sickening is right.
If you look at this thread they just feed off each other like soulless rats.
They are blind and naked, but don’t know it or don’t want to know it.
ping
Well, sorry to hear that that you are having these problems. You can shoot the messenger all you want, we are just telling you what is going to happen under the constraints of the law.
I am shocked at how many people don't want to fight this battle and are satisfied criticizing those who do. Your reply, which I anticipate, will be our last exchange on this thread. That's all I'm trying to do.
Oh....I'm sorry.....are you done pounding your meatloaf yet?
I was giving you time to finish since you bragged to us all how good you are at it.
I'm sure El Gordo will step in to help you out if you need it. I mean if he hasn't already. LOL!
You are barking up the wrong tree and I’m sure that Obama and his minions are quite pleased with the juvenile behavior displayed by you and others of your ilk. tired_old_conservative has pointed out quite clearly the facts that will guide this matter to its final and legal conclusion. I know that you don’t like it, but the military justice system is not going to remake itself just because you have your panties in a wad.
I doubt that Mr. Obama was born anywhere other than Hawaii. But, he was certified as eligible by his party as have been all of the other candidates during my lifetime. This lax system may not pass Constitutional muster, but it has passed muster within the political system that governs this country. This may come as a shock to you, but the Constitution is ignored by our government every single day at the insistence of the voters.
If you don’t like the current state of affairs, then do as I am doing, working through the political system to get laws in place at the state level to require proof of eligibility before any candidate for President can appear on the ballot. Throwing sophomoric insults and ranting incoherently because the military justice system will not bend to your will is a bit silly and foolish.
We all know that Obama has much to hide. If the American public knew what we all know, he never would have been nominated, much less elected. That explains why he spent millions to keep the truth hidden. The place of his birth was of no consequence compared to the circumstances of his upbringing, education, and political connections. Get over it and work for his defeat in 2012.
Don’t you just love Free Republic? Now lets all go and make some meatloaf.
You make?/pound all the meatloaf you want with your troll friends.
We (and by we I mean Americans) will continue to stand-up and defend our Constitution.
I will “get over it” when the laws of our land are upheld.
The way I see it, the only juvenile behavior is you believing your troll rhetoric is taken seriously.
Earning their wages, some of them.
You might want to review the charter on this website: "As a conservative site, Free Republic is pro-God, pro-life, pro-family, pro-Constitution, pro-Bill of Rights, pro-gun, pro-limited government, pro-private property rights, pro-limited taxes, pro-capitalism, pro-national defense, pro-freedom, and-pro America."
I don't believe that advocating, as you do, that we simply ignore our Constitution, merely because it has been ignored before, is acceptable or welcome posting behavior.
This community is devoted to restoration of our Constitution, not to simply to "going along to get along" in our current political process.
If you want to post drivel about our Constitution being outdated, I think you can find more amenable websites than Free Republic.
One of the clues as to their real status and loyalties are the fact that they get their jollies from their tacit and overt support of 0thugga.
They enjoy this “game” - whether as hirelings or volunteers.
Puke.
“Oh....I’m sorry.....are you done pounding your meatloaf yet?”
No, no, no, no, no!
Meatloaf needs to be pressed, but not too firmly. If you pound it you will get a dense, unappealing loaf.
It would totally defeat the purpose of adding the breadcrumbs!
Isn’t it funny the way they try to jump on their high horse when someone puts them in their place.
What a joke.......they can dish it out...but can’t take it.
I understand quite well what this forum stands for and have a considerable record to stand on if you care to examine it.
I have not said that I condone what our government is doing, but I do not harbor any delusions about what the actions of the courts, the Administration, and the Congress will be in this regard.
If you don’t like what I have to say, take it up with the government.
I have said nothing about our Constitution being outdated, I simply pointed out that it is routinely ignored, something that our government has been doing since the 1930’s. Sorry to burst your bubble, but that’s what’s been going on with our elected representatives, both Democrat and Republican. You might also want to get a checkup on your reading comprehension skills, I think that you might have a slight problem here.
The secret to a good meatloaf is to avoid making it dry, dryness sucks out all the flavor. A good moist loaf, together with a good sauce or gravy makes all the difference. I’m sure that you will agree.
“No, no, no, no, no!
Meatloaf needs to be pressed, but not too firmly. If you pound it you will get a dense, unappealing loaf.
It would totally defeat the purpose of adding the breadcrumbs!”
What he said.
“The secret to a good meatloaf is to avoid making it dry, dryness sucks out all the flavor. A good moist loaf, together with a good sauce or gravy makes all the difference. I’m sure that you will agree.”
Him, too. A dry meatloaf is at most merely palatable as leftovers.
.................then why don’t you stop sounding like a troll on these threads.
Your “it is what it is” and “if you don’t like it” too bad tripe is pathetic.
Fight or get the hell out of the way. If you are not a troll then stop posting like one.
Exactly.
Real conservative freepers who think that this will go nowhere and that time is better spent on fighting in other arenas do this:
THEY IGNORE THESE THREADS AND FOCUS ON THE OTHER ARENAS!
It’s crystal clear that the jerkoffs who act like trolls on these threads are either leftists or jerkoffs who like to cause trouble.
If they were actual conservatives who thought 0thugga’s eligibility is going nowhere they’d spend their valuable time fighting elsewhere.
It’s that simple.
How silly of me. I am supposed to:
agree with someone who clearly doesn’t know what he is talking about.
defer to someone who cannot make a coherent argument without resorting to ranting and throwing insults
condone insulting behavior from someone who has been around long enough to know better.
I’m enjoying three fingers of Woodford Reserve over ice and I’m feeling quite mellow and goodhearted. I recommend the same to you, or at least something similar and to your own liking. I assure you that I am doing something about the current sorry state of affairs and I believe that it is likely far more likely to produce results than what you are up to.
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