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).
Well, there you have it. The military does not have the authority to determine whether Obama’s orders are legal or not, and yes it is GERMAINE to the issue. The issue should’ve been referred to the PROPER authority to determine whether LTC Lakin has a legitimate claim of illegal orders.
IT IS NOT UP TO THE MILITARY!
LTC Lakin NEVER REFUSED his orders...he said he would gladly serve on those orders as soon as he was assured that they were LEGAL orders issued by a qualified COC!