Obviously officers can issue some lawful orders. That is a duh. All that matters, though, is whether they can LAWFULLY issue the orders they gave Lakin. Lind said those orders have nothing to do with the President; they are independent of the President.
But those orders were orders for Lakin to deploy in the use of force, which Congress only gave the President the authority to do. Lakin’s orders are ABSOLUTELY tied to the President, because nobody but the President has the authority to use force - which means to order the chain of command to do what is necessary to use force.
No President, no lawful orders to use force.
No President, and brigade commanders are acting beyond their authority if they order somebody to Afghanistan in the use of force.
If Obama is not Constitutionally allowed to “act as President” (and he’s not, because he failed to qualify by Jan 20, 2009 - and he was arguably never even lawfully declared the electoral winner) then the orders he issued were not lawful because nobody authorized to use force issued the orders. Without a President’s decision to use force, all the under-officers acted beyond their authority so their orders are similarly not lawful.
You can argue that Obama’s orders had to be obeyed anyway because of the de facto officer doctrine. But that doesn’t make them lawful, according to the elements of Article 92.
And it doesn’t work to say that Lakin’s orders are independent of the POTUS AND to say that he still has to obey them because of the de facto officer doctrine. Either Lakin’s orders are associated with the POTUS or not. If Obama has nothing to do with Lakin’s orders from the brigade commanders, then all that matters is whether the brigade commanders could lawfully give those particular orders to Lakin. Lakin’s brigade commanders are not de facto officers so de facto has nothing to do with Lakin, if Lind’s claim is true. But
In that event all that matters is whether Lakin’s brigade commanders have authority to deploy Lakin in the use of force. If no President ordered the use of force, then the brigade commanders don’t have authority - since only the President has the authority to use force - and their orders to Lakin are beyond their authority.
You can’t have it both ways. Either Lakin’s orders are connected to the POTUS, or they aren’t. If they’re not connected to POTUS, then the brigade commanders had no authority to give them.
If you choose to live in the delusion of your own making, so be it. It will bring you no comfort and you will never see it validated.
What SANE, INFORMED person can forget the agonizing, outrageous delay for the “Commander and Thief’s” surge decision?? Months of waiting .. dozens of heartbreaking, needless deaths of our brave troops .. and all political, all arrogance “I won” power and control, to appease his wacko lib base (many of whom could be on this thread).
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To surge or not to surge:
Obama’s delay on Afghan decision divides U.S. lawmakers
Published: Sunday, October 25, 2009
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Excerpt:
Top lawmakers sparred Sunday over the timing of President Barack Obama’s decision on how to move ahead in Afghanistan, with Republicans urging a quick move to boost troop levels and Democrats counseling patience.
*snip*
Republicans said Obama must sign off soon on a recommendation from the top commander in Afghanistan, Gen. Stanley McChrystal, to substantially increase the number of American troops there by as many as 40,000 or more. Democrats warned against a hasty decision on any increase.
http://www.cleveland.com/world/index.ssf/2009/10/to_surge_or_not_to_surge_obama.html
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*snip*
Mr. Obama formally ends a 92-day review of the war in Afghanistan Tuesday night with a nationally broadcast address in which he will lay out his revamped strategy from the U.S. Military Academy at West Point, N.Y. He began rolling out his decision Sunday night, informing key administration officials, military advisers and foreign allies in a series of private meetings and phone calls that stretched into Monday.
*snip*
Speaking to “Early Show” co-anchor Harry Smith Tuesday morning, White House press secretary Robert Gibbs defended the months-long process of deliberation Mr. Obama took to make his final decision.
http://www.cbsnews.com/stories/2009/12/01/politics/main5846260.shtml
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IT WAS CLEARLY HIS DECISION AS CIC, and HIS alone, it was the deployment in which Ltc Lakin was included, and the world had to hold its breath until this cretin was damn ready!