I believe you are incorrect in that. As much as Lakin would like to make it all about Obama, it’s not. It is about his refusal to deploy with his unit or his refusal to obey the order of his commanding officer. Obama did not personally pick this officer for deployment, nor did he personally order the unit to deploy. There is no way to tie Obama with these charges other than some vague “but he’s the commander-in-chief” nonsense, so there is no way to link Obama’s actions with these charges. No judge will allow disclosure of anything relating to Obama based on that.
Can you cite the case where this precent was established?
There is not one.
The defense case is not following the orders based on the CIC not being legitmate. That is their defense. A judge would be risking a complete overturn in the case if they did not allow the defense, at least, discovery on the issue, in the form of a legit long form Birth Cert.
A judge might have a little more leeway if it is not allowed into evidence....however....a judge would be foolish to have a case thrown out, or held up on appeal, because they did not allow the defendant discovery...
“The defense case is not following the orders based on the CIC not being legitmate. “
The defense case is that the member wants to find out if the CINC is legitimate, after many elected officials have certified him.
It doesn’t work that way. Since everyone involved in certifying the election says Obama is eligible and legitimately elected, it will be up to the defendant to show his doubts have validity.
If a killer says God made him do it, it is up to the defendant to show it was really God talking to him. It is not up to the prosecution to show that God wasn’t talking to him...
But that is not what Lakin is being charged with, if this story is correct. He's being charged with missing movement, not disobeying orders. And conduct unbecoming of an officer. How is he going to work Obama into that? By claiming Obama ordered his unit to deploy? Or that since Obama is illegitimate then all orders given regardless of who they are given by are illegitimate? Good luck with that.