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To: edge919
The Army pursued charges that wouldn’t be directly relevant to Obama’s birth records, however, LTC Lakin’s reason for refusing to follow orders IS relevant to Obama’s birth records.

Obama's birth records might be relevant to Lakin's reason for refusing to follow orders. Unfortunately for Lakin, his reason for refusing to follow orders is irrelevant to the charges against him. Even if Lakin were to prove that Obama is not eligible to serve as President, he would still be just as guilty under military law.

That's why I would be very surprised if the judge granted Lakin's request.
21 posted on 09/02/2010 8:13:31 AM PDT by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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To: The Pack Knight
Even if Lakin were to prove that Obama is not eligible to serve as President, he would still be just as guilty under military law.

Not really. The orders were issued as part of an overall directive from the White House. Lakin's superiors weren't arbitrarily issuing these orders independent of the CinC's strategy on Afghanistan. The affadavit from Gen. McInerny suggests the foundation of all orders is impacted directly by Obama's lack of eligibility.

22 posted on 09/02/2010 8:22:35 AM PDT by edge919
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To: The Pack Knight

Federal courts have overruled court-martial convictions based on an “even if” argument such as you mention here.

It looks like the military is deliberately trying to give Lakin grounds to have his court-martial conviction overturned because his due process rights are being violated.

They’re only delaying the inevitable though, because if they convict Lakin, he will have standing to sue not just to have the conviction overturned but to claim that the government has wronged him by the unlawful actions of somebody besides Joe Biden authorizing the court-martial in which he was convicted.

IOW, the military is buying time - supposedly for the sake of not embarrassing Congress. Bastards. There’s no way Congress can be embarrassed any more than just by being who they are. What kind of judicial reasoning is that? We let an innocent person be convicted because we don’t want to embarrass Congress?

Good Lord! Where do we get these legal morons from anyway?


65 posted on 09/02/2010 2:22:22 PM PDT by butterdezillion (.)
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