The prosecution has to prove BO’s eligibility to prove his NBC status. Then it’s a slam dunk, Larkin would be guilty. Isn’t it up to the prosecution to find the defendant guilty? Surely, we can’t argue that Barry wasn’t born, so onto the next step - a step they will NOT attempt.
Because they won’t go to the next step, they ‘claim’ the defendant guilty. They win by default and NOT by proof or TRUTH!
Legally, they would not have to “prove” anything....but, if they want to get a conviction....they will need to get that LONG-FORM BIRTH CERTIFICATE.....they use that bogus COLB from Hawaii....the prosecutors will be embarassed out of their JAG careers
Lakin’s court-martial will be among a jury of his peers. Which means other officers (unless Lakin were to request non-commissioned officers...which I do not think he will do). Officers are less likely to convict a fellow officer....especially if it appears that the defendant officer is being treated unfairly
There are few courts-martial of officers....mainly because getting a conviction on an officer (especially the higher the rank) is tough. Lakin will probably have a lawyer much more experienced in military courts than the prosecution will have.....esp in the Washington DC area.
No, they won't. They don't have to get a thing, do a thing, or prove a thing.
All they have to do is take testimony from LTC Larkin's commanding officer documenting his orders, and LTC Larkin will be convicted and punished.
LTC Larkin has no right of action which is recognized by either the UCMJ or the US Constitution, and his sacrifice accomplishes exactly zero.