Posted on 11/12/2010 5:27:18 PM PST by STARWISE
Thanks to a jab from RealityCheck. Lets parse the current defense information release from LTC Lakins defense counsel.
His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer.
I posted a while back about the TMLUTB defense.
(("Throw the lawyer under the bus (TMLUB) seems to be a current favorite. Whether that will get relief will be a different question. By that defense I mean a my lawyer (Mr. Jensen) told me the orders were unlawful and that I could disobey them. I reasonably relied on his advice and I must be found not guilty. Dew Process over at CAAFLog raises the question of acting on the advice of counsel, citing to some federal court cases as being a defense to some or all of the charges and also use of a Maynulet approach."))
I think the two charges referred to above are the harder on which to establish a TMLUTB defense. I think it would be harder to convince members that the order to report needed the advice of counsel. But . . . .
I and my colleagues frequently get calls from our clients under investigation or pending charges who are told to report to the commander. The client wants to know what to do. Dont go is the wrong advice.
The basic advice is to go, because otherwise it is an orders violation.
What you then tell the client is to remind the commander you are represented by counsel and have nothing to say about the allegations. Oftentimes a quick phone call or email can resolve what the meeting is about and serve as a reminder about impromptu interrogations.
I suspect thats the advice the current defense counsel would have given, and possibly they might have gone to the meeting with LTC Lakin.
I stick by my analysis that the defense wont work. As to mitigation under R.C.M.1001, maybe. But I think that only works up to a point.
The defense team is now working to minimize the damage caused by this inappropriate legal advice and return LTC Lakin to his family quickly and with his medical career intact.
"Did you see that now that LTC Lakin has been prohibited in from radio appearances that Jerome Corsi from WND has hooked up with with LTC Lakins brother, Dr. Greg Lakin?"
.. Ping!
Hopefully off to Leavenworth for a long time.
Yes. Leavenworth is for people that try to defend the Constitution, it sounds good to me.
Are those your words ?
This “defense” is out of character for LTC Lakin. He wants an answer and is willing to go to jail for it. So said his brother.
When you make counsel responsible for what is being called a bad decision, you are screwing up the client-lawyer relationship. It is supposed to be about the person thinking for himself and the lawyer advocating accordingly.
I believe that Ltc Lakin is committed to seeing
this through on principle. Doesn’t appear that
Jensen was up to snuff as legal counsel for such
a case.
The Lakin timeline of events.
Please explain when the Constitution, which is our Supreme Rule of Law, even SUPREME over military law, became a political tool? AND...just what Constitution did Lakin take an oath too? Please help me because I must have missed something. Is there some imaginary Constitution of the Military that officers now take an oath to?
“Is there some imaginary Constitution of the Military that officers now take an oath to?”
Perhaps the miitary are now just technicians who will do their specialty work for whoever pays their fee. And Lt Col Lakin is now a living affront to all the other officers who lack his courage and devotion to duty. They’re all smart guys and gals and know down deep that Obama is not eligible to be President.
You’re a disgusting POS.
I’ll 2nd that.
I’ll third it.
If said enlisted misses movement and is absent over thirty days, it is an entirely different story. It is not a mistake, but a conscious act. IIRC, over thirty days absent may earn a courts martial. It is essential to good order and morale to deal harshly with him, because other men within his unit may see light punishment as worthy of the crime.
When a senior officer purposely misses movement, knowing that his case will be closely watched Army and nation wide, it is absolutely essential that he get hammered severely.
If he is not dealt with harshly, leaders of all ranks will have to explain to troops why officers can imagine themselves qualified to judge the qualifications of their chain of commmand and miss movement with no punishment.
A “not guilty” verdict or light punishment has the potential to do more harm to our Armed Forces than the Left could ever dream of.
Well, it looks like a recipe for tyranny. This is the exact way Germany worked so well during WWII. The constitution is never protected by those at the upper level (appointed by the tyrant) and is left to some poor guy like Larkin. The oaths are meaningless then. I think I understand now.
I’ll be sloppy fourths. the JaqA-— should be drawn and quartered.But take pity on those of weak mind and no soul.
Your toy soldier opine does not reconcile to the enlightened
opine published under the Title Breaking Ranks:Dissent and the
Military Professional,by Andrew R.Milburn.LTC USMC. Neither can I say your posts have earned my respect as has what I have
read from “Captain America”Former US Army MP Officer ,Roy S.
Moore whom I believe could shut you down in any redress—or
debate on military protocol/history/ or law
You can punish a Junior enlisted for being drunk ....
but how do you remove an admitted Kenyan Born Citizen from the Oval Office for destroying the economy?
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