Only a president who has the presidential powers can nominate cabinet members such as the Secretary of Defense. See Article II, Section 2.
If Obama cannot have the presidential powers then he cannot nominate a Sec Def. Congress can’t confirm a nominee who has not been Constitutionally nominated, and the only person the Consittution authorizes to nominate a Sec Def any time from Jan 20, 2009 and onward is Joe Biden, the VP elect at the time that Obama failed to qualify.
Right, it's a good thing Obama is the President then, huh?
Listen, Lakin's court-martial starts on Friday. Soon, his trial will be over, he'll be convicted, sentenced and dismissed from service. You can watch the trial. Let me know if the military judge comes to ANY different conclusion than I've just spelled out. I wouldn't hold your breath.