Posted on 12/17/2010 6:27:27 AM PST by FS11
If his sentence is approved by the convening authority, Lakins case, because it includes dismissal, will be sent for automatic review by the Army Court of Criminal Appeals (ACCA), which has the authority to overturn his convictions.
Maj. Gen. Karl Horst, Lakin's commanding general, could also grant Lakin clemency.
If the ACCA upholds Lakins convictions, he can appeal to the Court of Appeals for the Armed Forces (CAAF).
If the CAAF agrees to hear Lakins appeal but denies it, Lakin can appeal to the U.S. Supreme Court, which rarely grants review for appeals of military justice system decisions.
(Excerpt) Read more at examiner.com ...
Be still my throbbing heart!
The birther graveyard is overflowing with arrogant predictions of imminent justice for the usurper...over 2 years worth.
We'll add yours to the collection.
Smells like treason to me how about everyone else?
The requirements for Standing and the procedure for bringing BO to justice are fully explained in these articles.
http://www.constitution.org/duepr/standing/winter_standing.htm
http://dewdropwarriors.blogspot.com/2009_05_01_archive.html
http://standupamericaus.com/our-privilege-our-right-and-our-duty-civilian-grand-jury:33320
http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html
http://thesteadydrip.blogspot.com/2009/06/how-to-start-and-lead-citizens-grand.html
I’ve got the picture. Orders are presumed to be legal, and it is up to the person disobeying them to show that they were illegal.
So if it were a known fact that Obama was no longer President, THEN his orders would be illegal and could be ignored.
But under the UCMJ, passed by Congress and used by all Presidents, it is the responsibility of the person disobeying the orders to show that he KNEW them to be illegal at the time he disobeyed them. There is no room for, “I had suspicions, so I disobeyed....”
The problem is that Lakin had no evidence. You don’t get to disobey, and then use the court to try to find evidence. And by Lakin’s own admission, his legal counsel told him the orders were legal.
So Lakin had no grounds to stand on. During my 25 years in, there were several times I refused to obey an order. Each time, I told my boss that if he put it into writing and ran it by legal for their review, I’d obey. And each time, my boss backed down because he knew the order to be illegal.
But you don’t get to pick and choose. If Lakin believed no order was legal because Obama wasn’t really the President, then he was obligated to disobey ALL orders - not just deployment orders. In fact, he was obligated to resign, since Congress and the Courts are all content that Obama is, in fact, the President of the USA.
If you disagree, I suggest you immediately start disobeying all laws passed since 20 Jan 2009, since they were passed without ever being sent to a REAL President for review. And I hope you find a good lawyer to minimize your resulting time in jail...
It’s just my opinion, but in allowing a decorated military officer with eighteen years of honorable service to swing over this issue, Mr. Obama has — in the very sense of the phrase — proved himself to be a “domestic enemy”... No one in the military can trust Obama to have his back...
43 posted on Friday, December 17, 2010 10:29:12 AM by so_real
I agree. BO has no way out but resignation or legal removal.
So...why haven’t you started your Grand Jury and brought Obama to his knees?
And why haven’t YOU started to publicly disobey all laws passed since 20 Jan 2009?
Smells like treason to me how about everyone else?
44 posted on Friday, December 17, 2010 10:34:26 AM by ExTexasRedhead
Certainly and remember what the penalty is for Treason. Hence resignation is a much better choice than legal removal.
Never. Never voluntarily.
Even if it shows he is a citizen, if the facts as asserted are accurate, he is not, and can never be, a Natural Born Citizen.
Regardless of the physical location of his birth, he claims that both of his parents were not American citizens at the time of his birth.
Problem is, even though we “know” this, without the release of his true and accurate birth certificate, we can’t “prove” it in a court of law.
Now that Obama’s good friend (who actually knew Obama’s father st the University of Hawai’i) Neil Abercrombie is the new Democrat Governor of Hawai’i, I’m betting a copy of his long form birth ceritificate will be printed up to say whatever Obama wants it to say.
You must have drunk the kool aid
An Indiana court of appeals ruling is NOT controlling precedent, i.e., no Courts in any of the other States are controlled by an Indiana court of appeals ruling and any said Court can disregard said ruling. Indeed even Courts in Indiana can challenge the Indiana court of appeals ruling before the Indiana Supreme Court.
When did you have your breakthrough?
You must have drunk the kool aid
51 posted on Friday, December 17, 2010 10:55:07 AM by yldstrk
mester rogers is drowning in it.
The requirements for Standing and the procedure for bringing BO to justice are fully explained in these articles.
http://www.constitution.org/duepr/standing/winter_standing.htm
http://dewdropwarriors.blogspot.com/2009_05_01_archive.html
http://standupamericaus.com/our-privilege-our-right-and-our-duty-civilian-grand-jury:33320
http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html
http://thesteadydrip.blogspot.com/2009/06/how-to-start-and-lead-citizens-grand.html
An Indiana court of appeals ruling is NOT controlling precedent, i.e., no Courts in any of the other States are controlled by an Indiana court of appeals ruling and any said Court can disregard said ruling. Indeed even Courts in Indiana can challenge the Indiana court of appeals ruling before the Indiana Supreme Court.
I'm am in full support of Lakin and New, you misunderstand me, I think. I do not believe either of them will be pardoned or reinstated, their only rewards will await in heaven. This world has become too corrupt and will only get worse as time goes on.
While Ankeny is not controlling precedent...
56 posted on Friday, December 17, 2010 11:06:43 AM by jamese777
“You must have drunk the kool aid”
No, but I spent a large part of my career deployed, finishing with a trip to Afghanistan in 2007. I have little use for people who refuse to deploy based on internet rumors. I saw the same thing with GWB (selected, not elected) and anthrax shots (gonna kill us all, don’t you know).
Lakin wanted to use the internet rumor that Obama was born in Kenya to get out of deploying. How that differs from the folks refusing to believe GWB was President, or by refusing to take anthrax shots, I don’t know.
“The requirements for Standing and the procedure for bringing BO to justice are fully explained in these articles.”
Yes, I know you surf the net. Now, what are you DOING to convene your own grand jury and bring Obama to his knees? What Grand Jury have YOU convened, and how are those arrest warrants on Obama coming?
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