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Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan
FoxNews.com ^ | 12/15/2010 | Staff

Posted on 12/15/2010 12:54:18 PM PST by OldDeckHand

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To: Sola Veritas
So what's the answer, big boy?

If the Congress elected by the people passes a law, fulfilling its Constitutionally specified role for the military, allowing homosexuals to serve openly, what is the army supposed to do? Overthrow the government? If you answer no to that question, you have no moral right to take issue with any military judge making decisions in accordance with that law. They're supposed to unilaterally rebel against Congress, and get crushed, while you do nothing, you soulless functionary?

I'm not wild about the idea of gays in the military, but if Congress passes that law, everyone in the military will have a simple choice—abide by it, or resign. And it's not the JAG Corps forcing that choice—it is the duly elected representatives of the people, in accordance with the Constitution.

So do you respect the Constitution or not? If you do and can't abide gays in the military, resign. If not, good luck with that rebellion. I suspect you'll need it.

401 posted on 12/16/2010 12:27:06 PM PST by tired_old_conservative
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To: Sola Veritas

I knew many, many, very honorable and very Christian JAG lawyers during my 24+ years of active duty. I knew some who weren’t Christian, but were honorable. And I knew just one — one — who didn’t have a backbone.

I don’t think I’m making a mistake having their back.


402 posted on 12/16/2010 12:30:01 PM PST by xzins (Retired Army Chaplain & proud of it: Truly Supporting the Troops means praying for their Victory!)
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To: Sola Veritas

See my post #390. The authority of a commissioned officer in the military comes from Congress in Section I of the Constitution, not from the President in Section II. It’s part of the balance of powers where Congress creates and governs the military, and the President is commander in chief.


403 posted on 12/16/2010 12:38:16 PM PST by antiRepublicrat
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To: xzins; All

“I don’t think I’m making a mistake having their back.”

Sir, I respectfully submit you are no longer serving and don’t see what goes on today on military installations. The Chaplain Corps has horrible gone down hill as well.


404 posted on 12/16/2010 12:38:56 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: antiRepublicrat; All

“The authority of a commissioned officer in the military comes from Congress in Section I of the Constitution...”

Then whoever published my orders is a liar.


405 posted on 12/16/2010 12:40:38 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: edge919

Non-Sequitur posted an example of what I was referring to, only a couple of days ago, “Lakin wasn’t ordered to Afghanistan, he was ordered to report to his brigade commander’s office located in the D.C. are and to report for duty with a unit in Kentucky.” Dobson can’t replace someone who was never specifically ordered to go Afghanistan. It is a non-sequitur.

link to post


It wasn’t an either/or, it was a BOTH. LTC. Lakin was ordered to deploy AND he was ordered to two different superior officers’ offices because he failed to show up for the first step of deployment which was to relocate himself to Fort Campbell, Kentucky via Charlotte, North Carolina.
Lakin ignored those orders and plead guilty to ignoring the orders to report and was convicted of failing to deploy.

The Charge Sheet for Colonel Lakin specifies that he was to board a US Air flight at Baltimore-Washington International Airport in order to deploy and I quote “IN SUPPORT OF OPERATION ENDURING FREEDOM.” Guess where Operation Enduring Freedom is located? Why it’s AFGHANISTAN!!!

When Major Dobson testified, there was NO objection from the Lakin defense to the fact that Major Dobson was the replacement doctor, sent on two weeks’ notice, to replace Lieutenant Colonel Lakin at the Forward Operating Base in Afghanistan.

Here’s a link to LTC. Lakin’s charge sheet:
http://www.scribd.com/doc/30359983/LTC-LAKIN-CHARGED-Chargesheet-apf-14-chargesheet


406 posted on 12/16/2010 12:41:31 PM PST by jamese777
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To: edge919

Then you understand that Dobson and his 2 year old are irrelevant. Thank you.


Since Major Dobson and his wife testified in the SENTENCING part of the Court Martial, we will all have to wait and see whether or not they were irrelevant to the jury panel on sentencing for LTC. Lakin.
None of us can know how the eight Colonels on the jury panel are reacting to the Dobsons’ testimony.


407 posted on 12/16/2010 12:45:13 PM PST by jamese777
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To: tired_old_conservative
The fact that people who don't know what they are talking about, who have a fetish-like emotional fixation on the President as the golden calf from which all meaning flows, discuss that over and over doesn't make it mean anything.

The ironic thing is that Birthers are more fixated on Obama than even his most diehard supporters.

408 posted on 12/16/2010 12:49:25 PM PST by tricksy
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To: tricksy
The degree of damage caused by a crime (e.g. insubordination) is most certainly relevant when determining what specific punishment (within the range of available punishments provided by law) is to be meted out.

The deployment of another officer in a position that was never guaranteed to be filled by Lakin is not damage. It might be whining and fingerpointing, but certainly not damage.

409 posted on 12/16/2010 12:52:39 PM PST by edge919
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To: edge919
The deployment of another officer in a position that was never guaranteed to be filled by Lakin is not damage. It might be whining and fingerpointing, but certainly not damage.

Funny how Lakin is a "hero" and a "patriot" for weaseling out of his orders to deploy yet the flight surgeon who was called upon to take his place tending to wounded American soldiers is "whining" and "fingerpointing".

You should really let someone take away your shovel. That hole you're digging keeps getting deeper and deeper.

410 posted on 12/16/2010 12:58:18 PM PST by Drew68
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To: jamese777
It wasn’t an either/or, it was a BOTH. LTC. Lakin was ordered to deploy AND he was ordered to two different superior officers’ offices because he failed to show up for the first step of deployment which was to relocate himself to Fort Campbell, Kentucky via Charlotte, North Carolina.

I know this bugs you, but I said that others were claiming Lakin was not ordered to deploy and I showed you a specific example. There's no 'either/or' about that.

The Charge Sheet for Colonel Lakin specifies that he was to board a US Air flight at Baltimore-Washington International Airport in order to deploy and I quote “IN SUPPORT OF OPERATION ENDURING FREEDOM.” Guess where Operation Enduring Freedom is located? Why it’s AFGHANISTAN!!!

Absolutely, I agree he was ordered to support a directive provided BY THE WHITE HOUSE, thus it was ignorant and incorrect for Judge Lind to rule that Obama and his lack of eligibility were irrelevant. Thanks for supporting that point.

When Major Dobson testified, there was NO objection from the Lakin defense to the fact that Major Dobson was the replacement doctor, sent on two weeks’ notice, to replace Lieutenant Colonel Lakin at the Forward Operating Base in Afghanistan.

Lakin's counsel is intentionally keeping a low profile and avoiding the appearance of being confrontational with the hopes Lakin's sentence will be minimal. It doesn't change the fact Dobson testimony is irrelevant to the charges as filed.

411 posted on 12/16/2010 1:04:28 PM PST by edge919
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To: Drew68
Funny how Lakin is a "hero" and a "patriot" for weaseling out of his orders to deploy yet the flight surgeon who was called upon to take his place tending to wounded American soldiers is "whining" and "fingerpointing".

You evidently missed the point -- baddly. Dobson did not take Lakin's place. Lakin was never ordered to be in Afghanistan. You can't take the place of someone who never ordered to be there. Dobson is irrelevant to the charges that were filed against Lakin. Any blame at Lakin is misplaced. Dobson needs to blame his superior officers and the resident in the White House for failing to provide reasonable proof of constitutional eligibility.

412 posted on 12/16/2010 1:07:45 PM PST by edge919
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To: FW190

No, you got it wrong again! Imagine that.

Sgt. Snorkel disobeyed the order because he knows it’s contrary to the law, specifically the War Powers Act. Lt. Fuzz was court martialed and is the one in Leavenworth.

Look it up, genius.


413 posted on 12/16/2010 1:07:45 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: FW190

No, you got it wrong again! Imagine that.

Sgt. Snorkel disobeyed the order because he knows it’s contrary to the law, specifically the War Powers Act. Lt. Fuzz was court martialed and is the one in Leavenworth.

Look it up, genius.


414 posted on 12/16/2010 1:08:06 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Drew68; OldDeckHand; jamese777; tired_old_conservative; Jim Robinson; antiRepublicrat; ...
Lakin Sentenced

1545: Sentence announced. Dismissal, confinement for 6 months, total forfeitures.

CAAFLOG

415 posted on 12/16/2010 1:10:31 PM PST by Cardhu
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To: Cardhu; OldDeckHand

He’s probably going to get hammered at sentencing.

1 posted on Wednesday, December 15, 2010 3:54:22 PM by OldDeckHand



416 posted on 12/16/2010 1:15:29 PM PST by verity
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To: tricksy
Some of us think they are Obama's die-hard supporters.
417 posted on 12/16/2010 1:18:45 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Cardhu

And the real perp still walks free ...


418 posted on 12/16/2010 1:22:09 PM PST by edge919
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To: edge919
Absolutely, I agree he was ordered to support a directive provided BY THE WHITE HOUSE, thus it was ignorant and incorrect for Judge Lind to rule that Obama and his lack of eligibility were irrelevant.

William Winthrop, who is the "Blackstone" of US military law stated this:

Military law and precedents (1896)


Judge Lind was not being truthful.

419 posted on 12/16/2010 1:22:19 PM PST by Red Steel
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To: Cardhu

Lakin can appeal this sentence.


420 posted on 12/16/2010 1:25:31 PM PST by Red Steel
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