At the preliminary decision stage, the JAG officer ruled that Obama's eligibility was irrelevant because Obama didn't issue the orders Lakin was disobeying.
Yes, you're referring to the IO's ruling prior to Lakin's Article 32 hearing, which Lakin then waived his right to. The Investigating Officer(IO) - who was a JAG in this instance, but (unfortunately) it's not always a JAG - denied defense counsel's request to subpoena the HI records and HI officials.
What was strange, was the IO did rule that DC could call other witnesses who (presumably) would raise the birth certificate issue, and one of those witnesses was Alan Keyes. Given the fact that Lakin could have put Keyes, and a couple others on the stand, it's a bit of a mystery why he then waived his Article 32 right, and missed the opportunity to put this testimony in the record.
As an aside, this IO - named LTC Driscoll - is a reservist who was just called to active duty. He is a former Navy fighter pilot who wen to law school after his initial term of obligation, then became a reserve Army JAG after finishing law school.
Easy to conclude that all miltary orders trickle upwards to the commander and chief, Obozo. Lt. Col. Lakin is a selfless hero. God bless the man.
But the trial judge and the appeals court will have to agree. If the JAG Colonel allows "discovery", then things could get interesting. Similarly if she doesn't and the appeals court overrules, again, it gets interesting.