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
Congratulations!
Your mother’s must be so proud.
Now if you would stop spitting on my Country and it’s Constitution....the rest of us would start to take you seriously.
As of now you are all sad pathetic kool-aid drinkers who can dish out the baloney but can’t take it.
THEY IGNORE THESE THREADS AND FOCUS ON THE OTHER ARENAS!”
______________________________________
Exactly. Thank you!
Sigh. It's not pound. Seriously.
“Now if you would stop spitting on my Country and it’s Constitution....the rest of us would start to take you seriously.”
Uh, it's my country, too. I am spitting on neither it nor the Constitution. I am simply illuminating the terrain upon which Birthers have erroneously and/or pointlessly deployed. As near as I can tell, the only people spitting on the country and the Constitution are those positively hankering for a good old-fashioned military coup.
“As of now you are all sad pathetic kool-aid drinkers who can dish out the baloney but can’t take it.”
We seem to be taking it better than you.
And remember—it's not pound.
Are you just mashing it now? That ain’t right.
I’m very impressed.
Yer just jealous ‘cause you can’t cook.
The whole issue is a source of sick amusement to them. More than a couple of them have admitted. Now who thinks s***ting on the Constitution and the rule of law is “funny”? Conservatives??!?!?!
They’re sick freaks. And if they think they’re influencing anyone or changing anyone’s mind they’re stupider than I thought. Heck, hardly anyone reads their puke; I don’t unless my eyes happen to read a sentence while I skim over their comments. I ceased reading their puked up drivel months ago.
We are simply trying to explain how the rule of law works to you, since you don't seem to understand. We respect the rule of law, and don't want to see it castigated by conservatives in a self-destructive, Ahabesque quest for a white whale that in all likelihood does not even exist.
“A Man for All Seasons” captures the essential issue quite well:
ALICE: He is! Arrest him!
MARGARET: Father, that man’s bad.
MORE: There is no law against that.
ROPER: There is! God’s law!
MORE: Then God can arrest him.
ROPER: Sophistication upon sophistication!
MORE: No, sheer simplicity. The law, Roper, the law. I know what’s legal not what’s right. And I’ll stick to what’s legal.
ROPER: Then you set man’s law above God’s!
MORE: No, far below; but let me draw your attention to a fact-I’m not God. The currents and eddies of right and wrong, which you find such plain sailing, I can’t navigate. I’m no voyager. But in the thickets of the law, oh, there I’m a forester. I doubt if there’s a man alive who could follow me there, thank God . . .(He says this last to himself)
ALICE: (Exasperated, pointing after RICH) While you talk, he’s gone!
MORE: And go he should, if he was the Devil himself, until he broke the law!
ROPER: So now you’d give the Devil benefit of law!
MORE: Yes. What would you do? Cut a great road through the law to get after the Devil?
ROPER: I’d cut down every law in England to do that!
MORE: (Roused and excited) Oh? (Advances on ROPER) And when the last law was down, and the Devil turned round on you-where would you hide, Roper, the laws all being flat? (He leaves him) This country’s planted thick with laws from coast to coast-man’s laws, not God’s - and if you cut them down - and you’re just the man to do it - d’you really think you could stand upright in the winds that would blow then? (Quietly) Yes, I’d give the Devil benefit of law, for my own safety’s sake.
Humor is simply a potentially appropriate reaction to some of the uninformed, wildly self righteous, way over-the-top hyperventilating on these threads.
“We are simply trying to explain how the rule of law works...”
And meatloaf.
Don’t forget the meatloaf.
I see you posted to me but if you think I’ll read your puked up drivel, think again.
I hear Obama is trying to seize control of it.
“I see you posted to me but if you think I’ll read your puked up drivel, think again.”
By all means, feel free to announce that your mind is closed and impervious. I think we already assumed that.
You seem to think the laughter you hear is us laughing with you.
Wrong. Were laughing at you.
Don’t try to come on here pretending like we don’t know what you are.
An American hating troll who trashes my Country daily because he thinks it’s funny.
You sicken me with your posts.
You aren’t worth posting to, except to once in a while show the newbies that we know you are full of crap.
Wrong. Were laughing at you.
Don’t try to come on here pretending like we don’t know what you are.
An American hating troll who trashes my Country daily because he thinks it’s funny.
You sicken me with your posts.
You aren’t worth posting to, except to once in a while show the newbies that we know you are full of crap.”
Translation: You would not be worth posting to if I were not so filled with unfocused, ineffectual rage that I can't help myself.
No one is trashing America. We are simply standing up for reason and respect for the the actual rule of law, not this imaginary one where, you know, you get whatever result you want from a court simply because you love America better than anyone else.
You were right....don’t feed the trolls.
It just feeds into their soulless, mindless crap.
I’ll follow your advice.
There's no need to get all emotional about it.
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