Posted on 12/14/2010 9:25:59 AM PST by Smokeyblue
An Army doctor who disobeyed orders to deploy to Afghanistan because he questions Barack Obama's eligibility to be president has pleaded guilty to 1 of 2 charges against him.
At a court-martial proceeding Tuesday in Maryland, Lt. Col. Terrence Lakin of Greeley, Colo., pleaded guilty to not meeting with a superior when ordered to do so and not showing up at Fort Campbell in Kentucky where he was supposed to report.
(Excerpt) Read more at wkrn.com ...
God, grant centurion316 eyes to see the truth and a heart that will grieve and repent when it realizes what has been done. Amen.
He pleaded guilty. There will be no appeal, and certainly not to SCOTUS.
2nd count is what I am referring to.
Can anything be appealed to SCOTUS?
I’m not a lawyer nor an expert in the UMCJ but when he voluntarily pled guilty to the one charge I don’t think that can be appealed. He pled not guilty in the other charge and at trial if found guilty that maybe open to appeal which in come cases can go to the SCOTUS. Others responses maybe more correct and detailed. JMO.
However, Lakin plead NOT guilty to the charge of the missing movement to Afghanistan.
Here’s to this case getting fast tracked to SCOTUS.
I don’t even know the mechanism by which it does.... how does the Military JAG work with regards to that?
72 posted on Tuesday, December 14, 2010 1:19:38 PM by Danae
It’s over, Danae. Lakin gave up his right to appeal by pleading guilty.
what I continue to find amazing is that the people who hold this scumbag up as a savior of sometype have never, ever, even considered serving a day in the military, much less giving a moment of their selfish time to their country. These are the same people that have never held someones life in their hands, nor have had to place their own life into someone else’s hands...the people that for the most part label this guy a coward, traitor and/or deserter are the ones that have served. If you have not served, you do not understand. I do not hold these people in contempt. I do, however, feel sorry for them. My original comment stands. He should be put up against a wall and shot, he is nothing but a deserter...
It is impressive.
I’ve always wondered about the psychology of people who can just make stuff up and throw it out there.
Especially if they get indignant when someone calls them out on it.
Later, Obama stopped being a legal resident of the U.S. and became a naturalized citizen of the U.S.
If he did that, there is a file in the public record in the federal courthouse where he was naturalized. Just go to the clerk’s office and copy the file.
No clue.
I’m saying what I feel. The military leadership that has totally screwed the Constitution, the MCM, Lakin, and everybody who loves this country disgusts me. The enemy within disgusts me even if it wears a military uniform - and we can be guaranteed that the enemy will try to infiltrate the military because the military has been a great tool for good.
There are fantastic people in the military. A couple of my nephews included. At this point the military leadership cannot be trusted. Which is what the retired military brass told Lakin also. I guess they wouldn’t belong here either, huh?
If this is true, then it would have been found out at trial. Why would this man plead guilty if the government had no proof?
In legal circles, defendants are advised to cop plea deals when their lawyers know for a fact that the government has an airtight case against them. In those situations, the defendant is going to either be found guilty and face a long sentence, or plead guilty to lesser charges, or some of the charges, and face a lighter sentence. The only difference though is that plea deals do not allow for appeals, whereas a conviction does.
All these court cases show us is how corrupt the system is.
How? No one held a gun to this man's head and forced him to state for the record that the government was correct, and that he deserves to be punished for the charge to which he pleaded guilty.
Here here.
I don’t even know the mechanism by which it does.... how does the Military JAG work with regards to that?
SCOTUS has jurisdiction. They can take up the case.
He can appeal the conviction on the second count, but the scope of the issues he can raise in that appeal is limited by what he pleaded guilty to.
Here is a blog written by a retired Judge of the Air Force Court of Appeals. As the judge writes, "For those unfamiliar with the court-martial process: to plead guilty, a military accused must enter into a colloquy with the military judge in which the judge explains the elements of each offense and the legal definitions that accompany it. See United States v. Care, 40 C.M.R. 247 (C.M.A. 1969). The accused has an opportunity to discuss the elements and the definitions with the judge, who must be satisfied that the accused understands them before accepting his plea. The accused must also describe under oath the acts he committed that give rise to his plea, so that the judge is satisfied that he is, in fact, guilty. If the accused makes statements or offers evidence inconsistent with his plea, it cannot be accepted, and the military judge must reopen the discussion with the accused (formally referred to as a “providency inquiry” or more often and informally known as a ”Care inquiry”) to resolve the inconsistency; or, if it cannot be resolved, reject the plea and enter a not guilty plea on his behalf. UCMJ Article 45(a). Per press reports, it appears LTC Lakin entered guilty pleas to three of the specifications of Charge II. For those pleas to be accepted, he would have to explicitly admit that the orders he received were lawful orders which he had a duty to obey."
So Lakin has already admitted that his superiors' orders were valid; he cannot raise that issue on appeal, even on the second count.
I've been watching you do that pretty consistently over this case for the past few months.
“However, Lakin plead NOT guilty to the charge of the missing movement to Afghanistan.”
__
Yes, and he is apparently challenging it on the technical question of whether a particular airline flight was specified for his movement. And he may prevail.
Nevertheless, he cannot revive his old claim that any of his orders were illegal on the grounds of the President’s (in)eligibility, as he will have to waive that point for the charges he’s pleading guilty to.
I suspect that Lakin’s “lawyer” has already gotten a plea bargain in exchange for a guilty plea on both charges from the Army lawyers.
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