[Non-Sequitur]

The result will depend on the Military Judges and their views of the role of the constitution. If they believe in the constitution as supreme law they sould allow Lakin discovery.

I'm sure the military judge will take their jobs seriously, and no doubt are aware of the Constitution. I'm equally sure that if LCOL Lakin and his team try a defense along the lines of your argument then they will be laughed out of court.

[Exmil_UK]

If a judge can invent the “doctrine of standing” out of thin air in 1923, then a panel of military judges can defend the constitution in 2010 and help enforce article II.

Really your arguement is the same as Judge Carter’s:

Statute Law and arcane procedure top the constitution.

I believe the constitution gave Carter the power to challenge Obama directly, and petty tricks and traps like the progressives love to pull be damned.