Lakin will have standing because you say he does? Now who has they crystal ball? Well, let’s make sure the judiciary is aware that Red Steel has spoken and has rewritten the definition of standing for them.
In a court-martial, the defendant has basically the same evidentiary rights, and the right to discovery, as someone in a civilian criminal trial.
The military judge will have two decisions to make in regard to the Obama BC. First, he will have to make a ruling on whether LTC Lakin can obtain the BC....then, there will have to be an additional ruling on whether Lakin can use it as evidence during his trial
The judge risks having the case overturned on appeal if he rules that Lakin cannot get the real Obama BC...or rules that he cannot use it. Since Lakin’s defense is based on Obama not being a legitimate CIC....any conviction would more than likely be overturned....
The Army will do everything possible not to Court-martial Lakin....but I believe Lakin will turn down all forms of Non-judicial punishment.
I believe you are incorrect in that. As much as Lakin would like to make it all about Obama, it's not. It is about his refusal to deploy with his unit or his refusal to obey the order of his commanding officer. Obama did not personally pick this officer for deployment, nor did he personally order the unit to deploy. There is no way to tie Obama with these charges other than some vague "but he's the commander-in-chief" nonsense, so there is no way to link Obama's actions with these charges. No judge will allow disclosure of anything relating to Obama based on that.