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
The military has a code of honor and each member has sworn to uphold the constitution. Since a few have stood up to challenge the legitimacy of the CIC in prosecuting a war and deploying troops, the reasonable resoonse would be to impose whatever discipline is called for and for the CIC to present information to put to lie the challenge. To date he has not had to establish that he has constitutionally qualified.
As a sidenote, neither has he opened school and other records as requested by many of the citizens and which many of us think we are entitled to know.
Just for shits and giggles, let's assume that the VP killed the president in the oval office, but had the support of the secret service and key party members. Since nothing was being done about it, should the military just carry out their business and say attack Canada as ordered by the new president? Extreme example, but I pose the question at what point does the military think or even have a responsibility to act?
I didn't demand the military validate that President Johnson had the constitution behind his orders to prosecute a war. So I suppose I and all the men who bled with me were behaving dishonorably, huh? Or maybe we simply understood the proper roles of civilian authority and the military vis-a-vis the Constitution.
“The military is not the basic arbiter, since the government officials and responsible parties were grossly negligent in carrying out their cosntitutional duties and since we may have a terrible fraud going on, a soldier with honor can do no less than ask the question and the superior officers with honor would respond by getting an answer to the challenge.”
You simply don't like the decision your elected representative made. It doesn't pass personal muster with you, so forget the Constitution. You want a military coup. Well, fortunately, there are enough real patriots in this country that you're not going to get it. And because of them , this country will still be standing after Obama is legitimately gone.
“If you think Obama is acting honorably and without guilty behavior, then there is nothing else to discuss.”
As Non-Sequitur has said, that is irrelevant to the legal question at hand. But obviously, people who want the military to decide who can be President have no interest in legality.
Where in the Constitution is the military given the authority to act as a check on the Executive Branch?
You did not answer the question I posed, probably because to do so would indicate the bankruptcy of your argument. Also, please let me know when and where Obama legitimately proved his qualifications.
Your argument has not devolved to accusing someone who wants the constitution upheld of actually forgeting the constitution. Paging George Orwell!
Your statement that people want the military to decide who is president does not apply to me. I said that I want people going to war and sending others to know that the person who is giving the order has the legitimate power to do so and is not acting fraudulantly. Your mischaracterization aside.
So when you, don’t accept that something has happened, the military should stage a coup to set things as you want them to be?
I didn’t answer your question because it is inane and irrelevant to the issue.
Not proposing a coup. I would have the joint chiefs approach the president and present the issue. If the president or the congress after that did not react in accordance with the constitutional question, all of them should resign, as the next level should do and so on until a legitimate answer is provided. Upon resigning I would provide a public statement supporting the junior officers who made the challenge and calling for the president to resign or step up.
I have to agree, Col. Lakin was very poorly advised before proceeding to disobey orders, inviting a court martial and loss of all benefits from his 20+ years of service.
I believe he is completely sincere in the end he is pursuing, and believe also that there are Constitutional questions about Obama’s eligibility that apparently no one alive and in power today is willing to address properly. He will pay the consequences, and Obozo will still be sitting in the Oval Office while Col. Lakin could be doing time in Leavenworth.
It’s a sad day when the US has gotten to the point where our governance and ‘leadership’ is determined by celebrity, and who’s ‘cool,’ rather than the Constitution.
Who does the law require him to prove anything to? And what should that proof be?
Congress seems satisfied.
The USSC seems satisfied.
For that matter the entire judiciary seems satisfied.
The Electoral College seemed satisfied.
The conservative think tanks seem satisfied.
The GOP seems satisfied.
MCain and Palin seemed satisfied.
All of BHO’s opponents in the Dem primary seemed satisfied.
The vast bulk of the Military seems satisfied.
The GOP AG and governor of Hawaii seem satisfied.
VP Cheney seemed satisfied.
GWB seemed satisfied.
Any district attorney or state attorney general in the US could subpoena the desired records, but they do not. They seem satisfied.
But a small number of people who don’t seem to appreciate what they are asking, or accept the facts as they stand want to use the military as a tool for another fishing expedition.
Yeah. A real strong basis there.
“I would have the joint chiefs approach the president and present the issue.”
Maybe they did this last Tuesday. And came away satisfied.
What some folks don’t seem to grasp is that getting a “legitimate answer” doesn’t mean that it will be the answer they happen to want.
You listed a lot of people who blinked when they could have said prove it. Now you want the military to do the same and carry out orders from someone who may be serving fraudulently.
To whom and where and how is was BHO required to prove his qualifications?
It certainly appears that the same process was followed as was done for GWB, Clinton, GHWB, Reagan, Carter, Ford, Nixon, Johnson, Kennedy, Eisenhower, Truman, Roosevelt, Hoover, Wilson, and the like.
“You listed a lot of people who blinked when they could have said prove it.”
I listed people who do not seem to share your misconceptions.
Tired of conservatives is an 0thugga toady suckup troll.
And so are the others on this thread.
I’m am stopping here until you show that you understand the electoral process in the US. You ask remedial question that are insulting to those of us who know the process. I will assume you’re just trying to waste time an you ‘seem satisfied.” Get another gulp of kool aide and carry on.
I don’t know these people, but I am shocked that some one of this site would say and overlook anything to stop this alledged fraud from having to prove his qualifications.
I ask remedial questions because you haven’t seemed to have considered them.
I’ve read the eligibility threads for more than two years, and there have been waves of 0thugga toady suckups, many of whom also post on leftist websites. Many have been zotted, some are still here.
Many of the ones still here post either only on these threads - lying, obfuscating, repeating the same idiocy over and over again; some also post on other topics and *oddly enough* often have a leftist veiwpoint entirely.
“Debating” with them is just tar baby stuff. They’ll never learn since they’re here to disrupt and support 0thugga, and it’s just frustrating for the normal freepers. Although there have been some very interesting and educational debates with great information, research and elucidations by the non-0thugga toadies (aka “real freepers”).
Freepmail coming your way.
Apples and oranges. We can argue all day on Obama's unwillingness to answer questions on his eligibility and what he should do about it, but it has no bearing on Lakin's trial and the illegality of Lakin's actions. Other than perhaps motivation for what Lakin chose to do. But illegal acts are illegal acts regardless of motivation.
If you don't know the relevancy of legitimate military authority in a representative democracy, I will not continue to waste my time.
Why stop now?
Hang Obama and Lakin side by side and I shall be satisfied.
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