Then doesn't any officer or enlisted have the right to refuse to obey any order until the military shows them the order is legal?
What’s your problem with that?
No problem at all. Lakin will indeed get his day in court, Obama's eligibility will not enter into the trial at all, and he will no doubt be convicted and cashiered, maybe even jailed. Sad to see a distinguished career chucked out like that.
To find out for sure whether the order is lawful will cost a man his career and perhaps his freedom.
Lakin was willing to make that exchange. He exchanged his career and his freedom in order to have the military be forced to show whether that order was lawful.
Now the military needs to live up to their end of the bargain. He paid the price; now they need to pay up. They say the order was lawful. To convict a man they have to prove that it was.
There’s no way they can prove that it was because it wasn’t. If Stanley McChrystal couldn’t deploy his desired forces without a valid CIC’s order, then neither could Lakin’s CO’s. And we KNOW - because Obama’s BC is amended and has never had its probative value determined - that Obama failed to qualify and can not have the presidential powers including that of CIC.
The military may well screw justice. Like they tried to do with the Haditha Marines. Like they did in allowing Nidal Hasan to be promoted instead of booted for being a terrorist. Like they did with the Able Danger folks, Schaffer and the others, in order to cover up Sec Def Perry’s illegal sale of prohibited satellite technology to a company he knew was owned by the Chinese military leader’s wife.
It’s a long line of political crap they’ve been willing to use to avert justice and screw the real men who are doing the heavy lifting.
I don’t doubt their ability to do it again. Judas can always use more money in his purse, maybe another title of nobility ala “Braveheart”.
But it doesn’t make it right. Or lawful.
Lakin’s CO acted outside his authority because Joe Biden is the only one the Constitution allows to act as CIC and he did not authorize additional troops to Afghanistan in support of OEF.
We’ve gone over those facts multiple times. You refuse to deal with them. You’re in denial, repeating the same lines over and over as if it changes anything. It doesn’t.
Obama failed to qualify by Jan 20, 2009. That is fact. The Constitution gives the presidential powers to Joe Biden. That is fact. Joe Biden didn’t authorize the additional forces for Afghanistan. That is a fact. Without the CIC’s order neither McChrystal or any of his underlings are authorized to deploy additional forces for OEF. That is a fact.
Deal with those facts.