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.
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?