It doesn't get a whole lot clearer than this about the chain of command.
Posted on 09/04/2010 10:42:54 PM PDT by Red Steel
From American Grand Jury: Dr. Eldon E. Bell is a retired U.S. Army Colonel and Master Flight Surgeon. He is a Viet Nam and Operation Iraqi Freedom veteran. Currently Dr. Bell practices Medicine in a rural town in South Dakota. Eldon has served on a number of American Grand Juries.
In Courts-Martial:
“The ‘sole test’ for admissibility is whether the evidence of the misconduct is offered for some purpose other than to demonstrate the accused’s predisposition to crime and therefore to suggest that the factfinder infer that he is guilty, as charged, because he is predisposed to commit similar offenses. It is unnecessary that relevant evidence fit snugly into a pigeon hole provided by Military Rules of Evidence.” 404(b). United States v. Castillo, 29 M.J. 145, 150 (C.M.A. 1989).
Thus, in my view, the Judge has purposely opened the trial up for an appeal. Colonel Lakin clearly has an exemplary Character and military record. The Judge’s exclusion of the ELIGIBILITY evidence fails to pass the “Sole Test” requirement in courts-martial and must be allowed.
(Excerpt) Read more at thepostemail.com ...
> “And not one of those charges mentions Obama. This was where I always thought this argument fell down — he wasn’t asked to follow Obama’s order, he was asked to follow the orders of his immediate superiors.” <
The charges don’t have to mention Obama. LTC Lakin allegedly violated Articles of the UCMJ. The UCMJ is signed by the President of the United States and Commmander-In-Chief. His signature is on the first page. I’ve seen it; I’ve changed the page upon the change of Presidents.
Obama was not qualified or eligible to sign the the FIRST FREAKING PAGE OF THE UCMJ, the military law and code by which OBAMA IS PROSECUTING LTC LAKIN! DAMN IT!
From an article: 3. Lind ruled that it was:
# c. the chain of command led up to the Pentagon, and that should have been sufficient for Lakin.
A pretty amazing and insane statement by judge Lind to stop the chain of command at the Pentagon by cutting out Obama.
Is it your contention that the military has no valid code of conduct right now? That seems a severe argument.
> “A pretty amazing and insane statement by judge Lind to stop the chain of command at the Pentagon by cutting out Obama.” <
Yes. Consider also that “The Chain of Command” as taught to Marine Recruits at MCRD Parris Island begins with The President of the United States. Oh, I guess they’ll have to change that to begin with the Chairman, Joint Chiefs of Staff, huh?
The charges don’t have to mention Obama. LTC Lakin allegedly violated Articles of the UCMJ. The UCMJ is signed by the President of the United States and Commmander-In-Chief. His signature is on the first page. I’ve seen it; I’ve changed the page upon the change of Presidents.
Obama was not qualified or eligible to sign the the FIRST FREAKING PAGE OF THE UCMJ, the military law and code by which OBAMA IS PROSECUTING LTC LAKIN! DAMN IT!
There are two levels of appeal within the military open to LTC Lakin, first to the Army Court of Criminal Appeals and then on to the Court of Appeals of the Armed Forces and of course he will probably have a panel of officers to hear his court martial and rule on it. We’ll all have to wait and see who agrees with you and who doesn’t.
The specifications against LTC. Lakin are that he failed to get on a plane at Baltimore-Washington Airport as ordered and report to Charlotte, North Carolina and that he also failed to report to his commanding officer when ordered to do so.
Here’s a link to Lieutenant Colonel Lakin’s charge sheet: http://www.scribd.com/doc/30404861/Court-Martial-Charges-Against-Lt-Col-Terrance-Lakin
The prosecution will keep it simple: either he got on that plane and was not missing movement or he didn’t and either he reported to his commanding officer when so ordered or he didn’t.
The defense will argue as to the motivation of LTC. Lakin for refusing orders that he believed were illegal.
It doesn't get a whole lot clearer than this about the chain of command.
> “Is it your contention that the military has no valid code of conduct right now? That seems a severe argument.” <
No, not “code of conduct,” a Uniform Code of Military Justice. The argument is not so severe if you believe that Obama was never vetted properly and is ineligible to be POTUS and Commander-In-Chief.
I know of only one other person than me who whole-heartedly believes that Obama is not eligible for POTUS... LTC Lakin.
How can the Uniform Code of Military Justice be enforced is the chief signatory was never qualified for the position to enforce it. The President by law is the Chief Law Enforcement Officer of the land, both civilian and military, nay?
> “I posted this yesterday that I excerpted from an Army study guide to one of the well known trolls here to drive home the point.” <
Most excellent Red! Thanks.
No problemo. :-) Speaking of that troll it has just posted to you in #25.
mrkd
> “Colonel Denise R. Lind, LTC. Lakin’s military judge doesn’t agree with you and neither did LTC. Lakin’s Article 32 hearing Investigating Officer, Captain Dan Driscoll...
...We’ll all have to wait and see who agrees with you and who doesn’t.” <
I pray that the Presiding Officer of the panel, who most likely will be a Colonel, will have the morage courage to ask the hard questions of the Court. Why can’t the defendant have all means necessary to defend himself?
Or maybe we could have some jury-nullification? If no “eligibility documents” are allowed and the panel has no choice but to find LTC Lakin guilty based on the preponderance of the evidence, then award the punishment of ONE DAY’S CONFINEMENT, ONE DOLLAR FORFEITURE of pay and allowances times one month; retain him on active duty and send him back to work.
Let the appeals process continue. That’s what Lind wants anyway... this too hot to handle and she doesn’t have the moral courage to deal with it correctly.
If they did that I would bet a dollar to a donut that LTC Lakin would get on a plane to Afghanistan, first opportunity.
As you said, it was signed by Bush. Does it expire when Bush leaves office? Does that mean there is no valid code of military justice right now?
“A pretty amazing and insane statement by judge Lind to stop the chain of command at the Pentagon by cutting out Obama.”
She is just another souless, mindless functionary that cannot think outside the box. Glad she is JAG and not line. The inability to think “outside the box” is death in combat or war. I am rapidly losing respect for the JAG corps.
I am OIC for a group of Army reservists that have a teaching function. I have one Captain, who although he isn’t JAG Corps...is a civilian attorney. Recently at a staff meeting I had to slam him down hard when he started that blasted lawyer speak. I told him he isn’t here to be a lawyer, and if I want that nonsense, I would consult a JAG weeney....and I have no desire to talk with a JAG weenie. That got his head on straight and he has been an excellent officer since then. He needed a reality check.
That is the problem with JAG types....they don’t live in the same reality the rest of us do.
I believe strongly in the “rule of law.” However, I think many confuse that with the “rule of lawyers.” Something I have no patience with or for.
“It doesn’t get a whole lot clearer than this about the chain of command.”
So right you are. I recently posted the opening paragraph of my commissioning orders that stated “by direction of the President.” This means, by authority of the president. As a person holding a commission that derives its authority from the president....if he is tainted...my authority is as well. At the least it could be reasonably questioned.
> “As you said, it was signed by Bush. Does it expire when Bush leaves office? Does that mean there is no valid code of military justice right now?” <
No, it does not expire. Having served as an adjutant and an XO, I have had duties related to legal services, NJP, Courts-Martial, etc. I have seen and read the UCMJ; I’ve seen the signature page and had one occasion to instruct a Gunny to ensure the signature page of the out-going prez was replaced with the in-coming prez.
Much is the same when military commanders change command. There alway an “Assumption of Command” letter by the new commander stating that all orders and directives issued by his predecessor shall remain in effect unless specifically revised or cancelled.
The Constitution of the United States gives the President the authority to sign and enforce the UCMJ as the Commander-In-Chief.
Hey Red, look what else I found!
Although it’s only from Aboutmilitary.com, it states the following:
“The Uniform Code of Military Justice (UCMJ) is a federal law, enacted by Congress. Its provisions are contained in United States Code, Title 10, Chapter 47. Article 36 of the UCMJ allows the President to prescribe rules and procedures to implement the provisions of the UCMJ. The President does this via the Manual for Courts-Martial (MCM) which is an executive order that contains detailed instructions for implementing military law for the United States Armed Forces.”
Again, the President’s “executive order” for conducting Courts-martial!
Ah here it is...
The Case of the Missing 2010 Changes to Manual for Courts-Martial (Mmmmmm, mmmmmm, mmmmm)
Man! I just found it moments ago after googling “Military Manual For Courts-martial!” I was going to forward it to you!
What the hell is going on!
Nice story. :-)
WOW. Looks like Obambi has taken control of the military court process.
WOW, just WOW.
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