I’m still skeptical this will ever see the inside of a courtroom. But if it does they are charging him with disobeying a direct order so the prosecution will have to prove it is a lawful order. That means obumber will have to be proved legit.
It’ll be prosecuted. He won’t get Obama’s BC through discovery. He’ll serve time.
No all they have to do is prove the order of his brigade commander is legit. I don't think they'll have a problem with that.
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.
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...