Posted on 04/22/2010 2:54:33 PM PDT by BuckeyeTexan
Lieutenant Colonel Terrence L. Lakin was charged today with four violations of the Uniform Code of Military Justice (UCMJ) under Articles 87 and 92.
(Chargesheet at the link in PDF format.)
(Excerpt) Read more at scribd.com ...
It doesn't work that way. They have to prove he disobeyed an order, he has to prove it was an unlawful one. It's an affirmative defense.
That's why what this guy is doing is so misguided. He didn't disobey any orders from Obama, he disobeyed his commanders' orders. The President never signed any order I ever got or saw. Obama's authority and birth certificate won't be issues and won't be addressed in the trial.
He is destroying his career and possibly going to prison for nothing. It's senseless.
About the only grounds for something like that, would be "command influence". That is, if Obama or his minions try to influence
Now is a good time to find and see the movie “Seven Days in May”.
Good luck on that.
A birther lawyer managed to construct a case that went to adjudication declaring Obama ineligible for whatever reason.
Would that have offered any legal support to Lt. Col. Lakin’s case?
I just don’t agree with ether of you. If the charge is disobeying a lawful order, they have to prove it is lawful. If LTC Lakin gets his day in court, and that is a big if, the question of obumbers eligibility will be answered.
And yes, I have participated in a court martial. Though I don’t claim to be an expert, I do know a defendant has the right to defend him/her self and the prosecution has to prove it’s case.
IIRC, there are very clear guidelines for what constitutes an illegal order.
Seems that the courts martial would evaluate claims of an illegal order within that framework.
The same laws that apply to this Lt, need apply to the so called Commander in Chief. Military justice must consider the fact that if the so called president is not eligible to serve. Each and every soldier could be in violation of international law. they are performing an act of aggression that could be viewed as terrorism. The person whom is ordering them to shoot is not legally in his place. The Haque could have a field day with the same laws. remember O signed the Interpol agreement, the Haque could come in and take the American soldier and prosecute them in a world court because of the same accord that Obama signed The soldier has no standing because the executive order as signed by Obama has surrendered American Sovereignity to a World Court. Just wait this will come into the forefront soon enough.
I’m picking up that the trick is in the deployment order, that only via chain of command originating at the Commander in Chief can a deployment order to foreign soil be properly executed. I have not as yet seen anyone point to a specific authority for that position.
“It looks like they only charged him with failing to follow orders. There was speculation about a conduct unbecoming of an officer charge, which I don’t think they could bring up without creating an opportunity for LTC Lakin to counter with his objections to Obama’s lack of Constitutional eligibility. Of course, such may still be the case in determining whether the orders were ‘lawful.’”
That jumped out at me as well. The were smart (devious) not to charge him with “conduct unbecoming” for remarks about the POTUS. Then he would have had grounds for discovery. They have charged him with missing movement and failure to obey a lawful order of a superior officer. I don’t think a military judge is going to allow issues of the POTUS’ eligibility to be considered. That he missed movement is not disputed. That he disobeyed orders from superior officers (four specifications) is not disputed either. He is questioning their authority based upon the fact that it come ultimately from the CINC - the POTUS. However, I don’t think this will be allowed in court. This brave man has sacrificed himself and is not going to get what he wanted - proof that POTUS Obama is legitimately POTUS under the USC. Truly sad and disturbing.
God Bless him and keep him. I pray more soldiers read their oath, understand it and stick to it. May God Bless our soldiers with wisdom. Protect the Patriots. That's all we ask.
All orders come the president or his designated representatives. Military Law and Precedents, Volume 1
Yes, he may serve time, but better he obey the Constitution under God, than a usurper. Serving time seems like a small sacrifice. Lt Lakin will come out a hero.
Convict but serve time??
Michael New did not serve any time for his conviction.
The jury refused the Government's request for him to serve time or to give New a Dishonorable Discharge.
Concur. As a matter of practicality, it is impossible for every set of orders to come from the President. Authority is delegated. This court will be decided on the practicality of the chain of command making decisions and issuing orders. There will be involvement of Obama or his birth certificate in this matter at all.
The law is not necessarily interested in the truth. Sometimes it is just a matter of pragmatism.
Should be “there will be NO involvement”.
ping
It will be assumed to be a legal order unless the defense can show Lakin had ample reason to think otherwise. As a rule of thumb, if the 4-star on down to the O-6 thinks it is a legal order, the LTC is expected to trust their judgment.
You cannot have a functioning military if everyone gets to pick and choose. And before someone asks about Nuremberg, Lakin wasn’t ordered to kill civilians in gas chambers...
“The were smart (devious) not to charge him with “conduct unbecoming” for remarks about the POTUS.”
During the Clintoon years, I was told that rule had only been used once, for an officer that wore his uniform while carrying anti-war signs critical of Johnson in front of the White House.
Don’t know if that was true, but that was the rumor...
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