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To: Red Steel
Then a civil suit would be coming down the pike against Obama for wrongful dismissal or termination.

Which would immediately be tossed due to the ever popular lack of standing. In order to establish standing Lakin would have to show a causal relationship between the injury he suffered and an action on the part of Obama. Since the order to deploy came well below even the Secretary of Defense level it'll be impossible for him to claim that it was Obama's action that caused his court martial.

62 posted on 04/12/2010 6:28:24 PM PDT by Non-Sequitur
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To: Non-Sequitur
Which would immediately be tossed due to the ever popular lack of standing.

Oh yes he would. There is a wider latitude in a civil court. Lakin would have standing for wrongful dismissal.

65 posted on 04/12/2010 6:31:03 PM PDT by Red Steel
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To: Non-Sequitur; All

Since the order to deploy came well below even the Secretary of Defense level it'll be impossible for him to claim that it was Obama's action that caused his court martial.


Otto Non-Sequitur ...
Let me correct you on a couple of things, OK?

Aristotle was not Belgian.

The central message of Buddhism is not every man for himself.

The London Underground is not a political movement. Those are all mistakes.

Furthermore, if you're looking for a "causal relationship" for Injury, as caused to Lt Col Lakin by his deployment orders as directed by the (de facto) President, start by READING the "National Security Act of 1947".

Look for phrases like "Under the direction of the President" and "Subject to the authority, direction, and control of the President" — and it will tell you who's in charge.

The National Command Authority (NCA) — the ultimate lawful source of ALL military orders — passes down its directives from the SECDEF and President, both of which currently get their CONSTITUTIONAL POWER from Barrack Hussein Obama (as SCARY a proposition that is). The President at the TOP is ALWAYS responsible, as he ALSO has the AUTHORITY to, at his discretion and whim, RELIEVE FROM COMMAND all of those BELOW him, including the SECDEF himself! Again, sh!t rolls downhill.

Command Authority in our military, from the time our Constitution was written to now, is derived FROM an -ELECTED- Commander in Chief (CinC). Thank goodness, too, or General George Washington could have resumed his Commission — from whence he resigned in Annapolis on Dec. 23, 1783 — when the Electoral College elected Washington unanimously in 1789 after our Constitution was fully ratified.


ANYTIME a deployment order (or any order for that matter) is given -SOLELY- on the INDEPENDENT Command Authority of a lower Commander — even the appointed SECDEF himself — consider that a violation of EVERY DoD and Military Service Manual and Directive written on the subject ... and really even the Constitution itself! That's called a Military coups, a common occurrence in any banana republic, but not here.


Unless you somehow think — in your ever-so flawed logic — that Army Chief of Staff Gen. Casey is an independent Sovereign Military Commander, much like Napoleon ... the SECDEF, Gen. Casey and -ALL- of those BELOW them derive their Command Authority for
***ALL National Security actions*** from the President.

As everyone knows, there's room for only ONE Napoleon as long as Obama is president.



223 posted on 04/13/2010 10:08:08 AM PDT by BP2 (I think, therefore I'm a conservative)
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