Lakin is charged with violating Article 92, which covers 2 different kinds of orders.
Article 92(1) regards general orders and regulations. Lakin’s orders are not general orders, but specific, direct orders to him.
Article 92(2) regards orders that aren’t chargeable under Article 90, 91, or 92(1). If a person can be charged under Article 90, 91, or 92(1) they can’t be charged under 92(2)
Article 90 regards lawful orders from a superior commissioned officer. The orders Lakin is accused of disobeying are direct orders from a Lt Col and 2 Col’s - all superior commissioned officers.
Lakin can be charged under Article 90 so it is not lawful for him to be charged under Article 92(2)
How can he lawfully be charged under Article 92?
He can’t, and that tells you how much the United States military cares about lawfulness. If they treat something is clear-cut as this with such disregard, what makes you think they are treating anything else with earnestness?
“How can he lawfully be charged under Article 92?”
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Well, gee, how come your hero Lakin and his crackerjack lawyer fell for that obvious scam?
Where was BZ when they needed him/her?
A group of about 30 birthers (((otherwise known to patriots as supporters))) attended Tuesday’s hearing, handing out leaflets with a picture of Obama labeled “usurper” and “ineligible.”
It’s troubling to think that a housewife posting on a blog has a better understanding of the UCMJ than the professional defense team representing Larkin - oh wait, you don’t. This guy is an idiot who should be in the stockade.
The Army properly charged Lakin under Article 92 via Article 90. See below.
Article 90, Element d - Lesser included offenses, Part 3 - Willfully disobeying lawful order of superior commissioned officer, Section a - Article 92: failure to obey lawful order.
Note that Lakin’s charges we’re written using the sample specifications outlined in Article 90, Element f.
Lakin’s orders were general orders according to the definition of such in Article 92.