“At the very least the government would be forced to show its evidence that proves that 0bama is legally qualified to serve as President.”
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“At the very least”? No, at the very least, the Army would prevail in its contention that Lakin’s orders were legal even if the President were ineligible. If that holding were upheld, then any eligibility evidence would remain completely irrelevant.
Since that holding is dictated by law — even Neal Puckett agrees — there’s really no point in provoking a stiffer punishment.
By pleading guilty, the Army no longer has this responsibility. Had the defendent been tried on this charge, and the Army been forced to go on this contention, the defendent would have either been acquitted, or would have had a chance to appeal any conviction.