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To: edge919
Technically it does because Lakin can now show peculiarized harm from Obama's failure to answer the questions regarding his constitutional eligibility.

He was convictred in a military court of violating a lawful order. (In fact, he pleaded guilty to that charge.) So, barring a reversal on appeal (extremely unlikely given his guilty plea and his sworn admissions to the judge), it is now conclusively determined against him that he violated lawful orders. So he was injured not by Obama's failure to answer questions, but by his own admitted criminal acts. See, for example, the Supreme Court's decision in Heck v. Humphrey (1994) (unreversed criminal conviction bars any civil suit for damages based on that claim that that conviction was wrongful).

146 posted on 12/16/2010 2:43:40 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
He was convictred in a military court of violating a lawful order. (In fact, he pleaded guilty to that charge.)

He plead guilty to four specifications on charge No. II, but not guilty to charge No. I. He was not allowed to challenge the lawfulness of his orders, so there are different issues he could file suit over.

189 posted on 12/16/2010 3:06:51 PM PST by edge919
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