[azishot]

I feel like my head is about to explode!!! How is it possible to DEFEND yourself if you can’t introduce the evidence you need to do so????

[rxsid]

Excellent question, indeed.
They (the courts) know they can't allow evidence to be subpoenaed and entered into a case...cause at that time it would be all over for the scam known as POTUS Obama a/k/a Soetoro.

[BP2]

> How is it possible to DEFEND yourself if you can’t introduce the evidence you need to do so????

You can't.

The Obama-supporting After-Birthers will get all excited and think when Lakin gets Court Martialed that it's a "win" for them. Not true — Lakin's Court Martial is all but pre-ordained by design. The Military Court system is not designed to deliver Justice in a case like his and Lakin KNOWS this.

Lakin will have to Appeal in the Federal Courts for Justice ... once he has legal Standing.

"United States v. White" (2001) tells you all you need to know about where this case is heading:

Unlike civilians, military prisoners have no civil remedy for alleged constitutional violations. United States v. Palmiter, 20 MJ 90, 93 n. 4 (CMA 1985), citing Chappell v. Wallace, 462 U.S. 296 (1983), and Feres v. United States, 340 U.S. 135 (1950). Thus, they must rely on the prison grievance system, Article 138, UCMJ, 10 USC § 938, the Courts of Criminal Appeals, and this Court [the US Court of Appeals for the Armed Forces] for relief.

UCMJ Article 67(a) explains where this case will end up:

(a) Decisions of the Unites States Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28.

[Non-Sequitur]

How is it possible to DEFEND yourself if you can’t introduce the evidence you need to do so????

Lakin is charged with missing movement and refusing to obey the orders of his brigade commander. The presiding officer at the Article 32 hearing ruled that the information on Obama was irrelevant to defending against those charges. Lakin was not denied the chance to present a defense, he failed to present a defense.

[El Gato]

I feel like my head is about to explode!!! How is it possible to DEFEND yourself if you can’t introduce the evidence you need to do so????

Remember, this was just a preliminary hearing. Really more like a grand jury proceeding. In a civilian grand jury proceeding, the accussed doesn't even get to participate or be present.

The main purpose of the Article 32 hearing is to determine that there is enough likelyhood that the offense did occurr, and that the accussed committed it to warrant a Court Martial proceeding. Since Lakin has pretty much admitted that he missed the movement and did not obey the orders, the only defense he has is that the order was unlawful. According to the Manual for Court's Martial, that's a matter for the trial judge, not an investigating officer (who is not in general even a JAG officer, although this one is) to determine.

Might as well skip the hearing and get right to the trial, where it's required that the affirmative defense of the order being unlawful be allowed to be presented.