WHO decided his orders were lawful? WHO did the military command consult to decide the orders were lawful? What court did the military command go through to make such a determination? What PROOF did the military command have that Ayatollah Obama is eligible to hand down LEGAL ORDERS? Does the military command determine the legality of the Constitution?
Orders are assumed to be lawful unless they obviously are in conflict with established law.
Given that Obama is accepted as President by the Congress & US Supreme Court, there is no obvious reason why his orders to deploy are illegal.
An officer is not required to prove an order is legal. And a suspicion that they may not be legal is insufficient grounds for disobeying. On several occasions, I told my Commander that if he would put his orders in writing and run them past legal, I’d obey them. On those occasions, the refusal of my Commander to do so left me free to refuse, which I did. And yes, I took some personal loss in career from continuing to be evaluated by someone whose orders I had refused to obey.
Lakin was formally counseled on 31MAR2010 that his orders were lawful. DA form 4856, which is the form Lakin received, may only be completed by someone in his chain-of-command. Unfortunately, the copies of that form that are publicly available, are redacted, so I'm not sure who actually signed administered the formal counseling.
In that form, Lakin is made aware that...
"This counseling is to inform you that your deployment orders are presumed to be valid and lawful orders issued by competent military authority"
"What court did the military command go through to make such a determination? "
Under the Rules for Court-Martial, the military command need not "go through court to make such a determination". The orders are presumptively lawfull, and as such, the service member disobeys them at their own peril. But, there is nothing facially criminal about this deployment order, or any deployment order. And, it's quite clear that the deployment order was issued by a competent military authority.
"What PROOF did the military command have that Ayatollah Obama is eligible to hand down LEGAL ORDERS?
I have no idea, nor is it in any way germane or material to Lakin's court-martial.
Does the military command determine the legality of the Constitution?
No, that would be a political question that would be nonjusticiable in a military court of law, see" United States v. Huet-Vaughn. 43 M.J. 105, 114-115 (1995).