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To: CynicalBear
So at what point does the command to send troops into, in this case, Afghanistan begin? It would seem that, under your scenario the command could be issued by any one in the chain of command. There has to be an ultimate authority and that is CIC.

Am I the only one here who has bothered to read Lakin's Charge Sheet? He is not being charged with disobeying Obama's orders. He is not being charged with refusing to get on a plane to Afghanistan. He is charged with refusing to obey orders to report to his commanding officer's office and with refusing to report for temporary duty with the 101st. How anyone can come to the conclusion that this means anyone can order an invasion of any country is absolutely insane.

Lakin has to show why the orders of his three superiors were illegal. Long established legal principle is that the authority to issue routine orders does not depend on the President, eligible or ineligible. Therefore in order to beat these charges Lakin needs to show why the orders of Colonel Roberts, Lieutenant Colonel McHugh, and Lieutenant Colonel Judd were illegal, and not whether the Commander-in-Chief is a fraud. He can subpoena any information he needs to do that. But anything on Obama is irrelevant, and two JAG officers have already pointed that out to him.

106 posted on 09/05/2010 5:49:31 AM PDT by Non-Sequitur
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To: Non-Sequitur

>>Lakin needs to show why the orders of Colonel Roberts, Lieutenant Colonel McHugh, and Lieutenant Colonel Judd were illegal<<

So, guilty untill proven innocent?


107 posted on 09/05/2010 5:56:49 AM PDT by CynicalBear
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To: Non-Sequitur
Am I the only one here who has bothered to read Lakin's Charge Sheet? He is not being charged with disobeying Obama's orders. He is not being charged with refusing to get on a plane to Afghanistan. He is charged with refusing to obey orders to report to his commanding officer's office and with refusing to report for temporary duty with the 101st.


It maybe worthwhile to post the actual charges to which LTC Lakin is having to defend against. They can be viewed at the following two locations.

SCRIBD

or

The-Peoples-Forum

CHARGE I, VIOLATION OF THE UCMJ. ARTICLE 87

The Specification:
In that Lieutenant Colonel Terrence L. Lakin, US Army, did. at or near Arlington, Virginia, on or about 12 April 2010, through design, miss the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.

CHARGE II, VIOLATION OF THE UCMJ . ARTICLE 92

Specification 1:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Lieutenant Colonel William Judd, to report to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 2:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Gordon R. Roberts, to wit: a memorandum signed by the said Colonel Gordon R. Roberts, dated 31 March 2010, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 3:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Peter M. McHugh, to wit: Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, requiring the said Lieutenant Colonel Terrence L. Lakin to report to Fort Campbell, Kentucky not later than 1500 hours on 12 April 2010, an order which it was his duty to obey, did at or near Washington, District of Columbia, on or about 12 April 2010, fail to obey the same by wrongfully failing to report to 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.

Specification 4:
In that Lieutenant Colonel Terrence L. Lakin, US Army, who knew or should have known of his duties at or near Washington, District of Columbia, on or about 12 April 2010, was derelict in the performance of those duties in that he willfully failed to report to Fort Campbell, Kentucky in accordance with Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, in support of Operation Enduring Freedom, as it was his duty to do."


127 posted on 09/05/2010 11:56:22 AM PDT by deport
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