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To: BuckeyeTexan

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.


10 posted on 04/22/2010 3:07:30 PM PDT by JoSixChip (You think your having a bad day?.....Somewhere out there is a Mr. Pelosi!)
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To: JoSixChip

It’ll be prosecuted. He won’t get Obama’s BC through discovery. He’ll serve time.


12 posted on 04/22/2010 3:13:46 PM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: JoSixChip
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.

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.

18 posted on 04/22/2010 3:18:21 PM PDT by Non-Sequitur
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To: JoSixChip
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 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.

21 posted on 04/22/2010 3:25:42 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: JoSixChip

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...


39 posted on 04/22/2010 5:09:56 PM PDT by Mr Rogers
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