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LTC Lakin’s latest (military jag blog)
Military Law & Justice ^ | 11-10-10

Posted on 11/12/2010 5:27:18 PM PST by STARWISE

Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s 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. “Don’t 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 that’s 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 won’t 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.


TOPICS: Government; Military/Veterans; Politics
KEYWORDS: barrysoetoro; certifigate; courtmartial; illegal; illegitimate; ltclakin; naturalborncitizen; obamahybrid; usurper
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Unverified comment:

"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 Lakin’s brother, Dr. Greg Lakin?"

1 posted on 11/12/2010 5:27:20 PM PST by STARWISE
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To: onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; television is just wrong; jcsjcm; ..

.. Ping!


2 posted on 11/12/2010 5:27:52 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE
"I thought about jury nullification. That’s certainly a rabbit that Mr. Jensen let loose although not in those terms. But for nullification to work you have to have a sympathetic set of facts and client. I just can’t see that. Even if the members were to view LTC Lakin as sympathetic and a prior good officer, there doesn’t seem to be any sympathy value in his knowingly disobeying orders in the manner the he has. He has put a thumb in the Army eye for a political reason rather than as a mere act of conscience."

Hopefully off to Leavenworth for a long time.

3 posted on 11/12/2010 5:39:30 PM PST by Jacquerie (LTC Lakin seeks a judicial solution to a political problem.)
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To: Jacquerie

Yes. Leavenworth is for people that try to defend the Constitution, it sounds good to me.


4 posted on 11/12/2010 5:51:17 PM PST by Goreknowshowtocheat
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To: Jacquerie

Are those your words ?


5 posted on 11/12/2010 5:53:21 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

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.


6 posted on 11/12/2010 6:13:02 PM PST by bioqubit
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To: bioqubit

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.


7 posted on 11/12/2010 6:19:02 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: bioqubit
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.

The Lakin timeline of events.


Lakin Timeline

8 posted on 11/12/2010 6:19:46 PM PST by Red Steel
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To: Jacquerie
He has put a thumb in the Army eye for a political reason rather than as a mere act of conscience

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?

9 posted on 11/12/2010 7:34:31 PM PST by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
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To: patlin

“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.


10 posted on 11/12/2010 8:41:32 PM PST by devere
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To: Jacquerie

You’re a disgusting POS.


11 posted on 11/12/2010 8:51:31 PM PST by little jeremiah
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To: little jeremiah

I’ll 2nd that.


12 posted on 11/12/2010 8:53:53 PM PST by mojitojoe (In itÂ’s 1600 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: mojitojoe

I’ll third it.


13 posted on 11/12/2010 11:32:39 PM PST by JohnnyP
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To: little jeremiah
You deserve a refund from your last anger management class.
14 posted on 11/13/2010 3:50:52 AM PST by Jacquerie (LTC Lakin seeks a judicial solution to a political problem.)
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To: STARWISE
No. It is from the TMLUTB link.
15 posted on 11/13/2010 3:56:20 AM PST by Jacquerie (LTC Lakin seeks a judicial solution to a political problem.)
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To: patlin; devere; Goreknowshowtocheat
When a junior enlisted gets drunk the night before deployment, sleeps late and misses movement, he made a mistake. It can be addressed through non-judicial punishment. Maybe he'll get fined and be restricted to base for a while.

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.

16 posted on 11/13/2010 4:43:33 AM PST by Jacquerie (LTC Lakin seeks a judicial solution to a political problem.)
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To: Jacquerie

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.


17 posted on 11/13/2010 4:59:36 AM PST by Goreknowshowtocheat
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To: JohnnyP

I’ll be sloppy fourths. the JaqA-— should be drawn and quartered.But take pity on those of weak mind and no soul.


18 posted on 11/13/2010 5:13:06 AM PST by StonyBurk (ring)
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To: Jacquerie

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


19 posted on 11/13/2010 5:22:34 AM PST by StonyBurk (ring)
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To: Jacquerie

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?


20 posted on 11/13/2010 6:34:31 AM PST by PA-RIVER
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