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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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To: edge919

“He was not allowed to challenge the lawfulness of his orders...”

Actually, he stated in court that the orders WERE lawful, and that he was wrong to disobey them. That is tough to appeal.


196 posted on 12/16/2010 3:11:03 PM PST by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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To: edge919
He was not allowed to challenge the lawfulness of his orders, so there are different issues he could file suit over.

He could have preserved that issue for appeal by pleading not guilty to Charge II, but he pleaded guilty and testified, under oath, that his orders were legal and that he knew they were legal. So he has waived that issue forever, as far as the courts are concerned. And you cannot "file suit" in civil court to challenge a criminal conviction that hasn't been reversed on appeal.

201 posted on 12/16/2010 3:19:43 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: edge919; Lurking Libertarian
"He was not allowed to challenge the lawfulness of his orders, so there are different issues he could file suit over."

The lawfulness of a military order is a matter of law for the MJ to decide. Lakin made his case. It was predictably uncompelling and was rejected during pre-trial motions, and the rejection was well founded in military law.

He's not going to "file suit" over anything. He will have an automatic appeal to ACCA. That chances of him prevailing on appeal are the same as his chances of prevailing at GCM - precisely 0.00%. The chances of CAAF granting review on this case is slightly better - 0.001%. Once they refuse to grant review, it's over. That's it. Of course, Lakin isn't going to be confined for nearly the requisite time for a habeas petition.

202 posted on 12/16/2010 3:20:09 PM PST by OldDeckHand
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