Making political protests while in uniform based on conspiracy theories is risky business.
213 posted on Tuesday, December 14, 2010 3:15:53 PM by Jim Robinson
Lakin’s Article 138 Complaint would have been legitimate had it been based on a question of the legitimacy of BO’s Presidency pursuant to the NBC Eligibility Clause of the Constitution.
I agree that it was folly to refuse to deploy based on a theory that Lakin could not prove. Regarding the competency of Lakin’s lawyers, competent lawyers do not publicly state that their clients are guilty prior to trial unless they have entered into a plea bargain. Competent lawyers get their clients acquitted, i.e., they win. Competent lawyers do not lose cases by default.
Oh, good grief. Tremendous lawyers LOSE every day in court rooms all across the country. Why? Because their clients are usually GUILTY.
Puckett's ethical obligation to Lakin is to give him sound, legal advice - nothing more, nothing less. Sometimes, sound legal advice includes pleading guilty to charges, especially when your client is actually guilty. Here, Lakin's guilt was plainly self-evident. Lind's rulings were plainly within the parameters of existing law making them the ONLY rulings she could have made in the case. There was no reversible error there.
The best thing Puckett, or any attorney could have done was to make Lakin's landing as soft as possible. To this end, Puckett has only done things that further that very goal; Mitigate as best as possible Lakin's exposure, especially with respect to time of confinement and forfeiture.
As for the Article 138 Complaint, what you assert is ridiculous. Art. 138 would not have been helpful or probative in any way here. Why? Because it is not the role of the US military to inspect the constitutional credentials of the president. The military follows civilian orders, they don't give civilians (leadership) orders, ever.
Lakin asked for clarification about the legality of his orders. He was advised, in writing, that his orders were lawful. He should have stopped there, or at worst, filed in federal court for a TRO, and fought it out there, while keeping mindful to follow all orders while that case proceeded. Of course, we all know how that would have ended.