LTC Lakin's lawyer's problem will not be a "stacked deck," it will be that he is asking the Court Martial to over rule the United States Constitution, and make the United States Army, not the Congress, the final arbitrator of who is, or is not, the lawful President of the United States. Anyone who thinks that the Army will set its self up to decide who is President, much less decide that Congress got it wrong, and start obeying the orders of its own choice to be President, and ignoring the orders of the guy that Congress says won, is delusional.
That's BS. They are asking if Barack Obama is constitutionally qualified to be the CinC of the US Military. Lakin is seeking to whether the US Constitution is being upheld, which is the converse of NOT trying to overrule it. And the US Army would not be the "final arbitrator" that would be the people of the United States to whether Obama is a lawful or an unlawful president.