LTC Lakin Formally Charged (Violation of UCMJ Articles 87 & 92)

American Patriot Foundation ^ | 04/22/2010

[BuckeyeTexan]

Lieutenant Colonel Terrence L. Lakin was charged today with four violations of the Uniform Code of Military Justice (UCMJ) under Articles 87 and 92.

(Chargesheet at the link in PDF format.)

[BP2]

You need to understand the full implications of UCMJ Article 66 (c) before
making such a ludicrous statement about Lt Col Lakin’s rights under the Constitution.

[OldDeckHand]

"I know the burden is on Lakin to prove the order is unlawful. It will be interesting to see how far up the chain of command he can go, which might be higher than you think. He should be able to get at least Gates. Depending on what he says, maybe even higher."

Because of the de facto officer doctrine, it wont' go any higher than the authority who actually signed the deployment order. That could be Gates, but my guess is that it was probably a two-star. Why is that? Because the de facto officer doctrine makes the eligibility of the issuing officer irrelevant, as a matter of law. This is well-settled military law. This is why Obama is COMPLETELY irrelevant and immaterial to the charges specified. If Lakin had consulted with competent military representation, he could have been advised of such in mere moments.

From NORTON V. SHELBY COUNTY, 118 U. S. 425 (1886)

"The doctrine which gives validity to acts of officers de facto, whatever defects there may be in the legality of their appointment of election, is founded upon considerations of policy and necessity, for the protection of the public and individuals whose interests may be affected thereby.... For the good order and peace of society, their authority is to be respected and obeyed until, in some regular mode prescribed by law, their title is investigated and determined. "

Such application of de facto has been made in a number of military cases including, United States v. Jette, 25 M.J. 16 (C.M.A. 1987) and United States v. Brown, 39 M.J. 114 (C.M.A. 1994)

Keep in mind, the military judge wouldn't even touch this, as I'm presuming (surely safely) that the commander(s) that actually issued Lakin's order, hold their billets without defect.

[little jeremiah]

I’m really sick of people slamming your integrity.

You are one of FR’s best, top notch.

[verity]

What ludicrous statement at #268?

[BuckeyeTexan]

You know, I really have never seen such foolishness. Have you? People with zero experience in the law read a few cases and consider themselves Racehorse Haynes.

I guess it’s easy to play fast and loose with the law from behind a keyboard.

[El Sordo]

If he’s ‘one of the best’, why has he been so consistently wrong about what will happen on this issue?

[Red Steel]

BP2’s posts are great and educational.

[OldDeckHand]

"BP2’s posts are great and educational."

Don't forget humerus. The entertainment value alone, is virtually immeasurable.

[Non-Sequitur]

What is your basis for such a belief?

Twenty seven years experience in the the military. What you you base your's on?

[Red Steel]

Yes, at times I find them humourous too and I find After-Birther posts as laughable.

[Non-Sequitur]

You know, I really have never seen such foolishness. Have you?

Sure. On every other Birther thread you care to mention.

[BP2]

Again, noob, save your fake self-righteous indignation for some one who doesn't know better.

Your “I supported it when Bush ordered it, I supported it through his potential errors” and associative nonsense has ALL the hallmarks of a typical FR “Lib in Conservative’s clothing”.
We can smell your stench a mile away, as you attempt to sully Lt Col Lakin's sacrifice to EXPOSE the truth about Obama's Eligibility to further your side's selfish political ends.

If you TRULY believed in your “I support whomever the President is in prosecuting that to some semblance of a successful conclusion”, then you most-certainly would NOT be rooting for Barack Hussein Obama and his hapless military plans. Obama's not even rooting for himself; he's doing it while pinching his nose. Our troops are MORE than willing and capable as they deploy under OBAMA'S ORDERS ... if only their CinC truly cared about "winning".

Obama COULD delegate his authority to the field commanders who KNOW how to FIGHT AND WIN, but their megalomaniac-in-chief wishes to execute HIS WAR to serve his own ego and bolster his poll numbers in typical, Liberal half-ass manner, torn between being a COMMANDER-in-Chief and 60s peacenik. Obama probably looks at Intel imagery and Live Video Feeds to pick the targets himself from the White House War Bunker before giving the orders for Predators to fire their Hellfires ...
... just to be sure that it's not someone on the ground that Obama personally knows.

The field and ship commanders probably can't even fart without prior approval from the CinC, who likely wishes he could wear the uniform to have the White House artist paint Obama in pure Napoleonic repose.

It's a SURE BET that Obama NEVER read Sun Tzu's "Art of War" as a Community Organizer, so the concept of using overwhelming force to kill and destroy the enemy is lost on him. However, we all KNOW Obama read the Koran as a child — in fact, he recited it everyday as an Indonesian Muslim youth — which is why he's morally TORN in HIS WAR AGAINST THE MUSLIMS.

Many of us would personally NOT have a problem if Obama just ADMITTED he was a Muslim, but since he's compelled to LIE and keep that a secret too, it's a further reflection of Obama's jaded character and why he hides the TRUTH about his childhood. Just ask Blago about the extent that Obama would LIE and even have the Justice Department abuse their power to protect Obama's neck. If Obama's lucky, Blago's confession and the FBI tapes will remove Obama from office before his Eligibility LIES are exposed and remove Obama first!

So again, your “pitiful excuse for a patriot” tripe is the same guilt-ridden muck you people used in 2008 ... it DOESN'T WORK anymore, and it CERTAINLY never worked here on FR.

Why not just save yourself the trouble and say:
— “You're racist” or
— “give Obama a chance” or
— "isn't it about time we had a black president?" (while totally ignoring his qualifications AND Eligibility as a British subject under Art II, Sect 1, Cl 5)

- OR -

- better yet, just get to your mental break-down phase, screeching in typical Liberal tizzy ...

[BP2]

Twenty seven years experience in the the military.

And in all of your supposed years serving your nation, did you EVER watch a Court Martial where a Field Grade officer refused Deployment Orders from the president because he strongly felt that his CinC was NOT a “natural-born Citizen”?

- OR -

once again, are you just guessing because you saw THIS on the Internet?:

[Seizethecarp]

“The burden of proof with respect to the lawfulness of his orders, falls to the defendant see: United States v. Smith, 21 U.S.C.M.A. 231, 45 C.M.R. 5 (1972).” In your assessment then, the burden of proof falls on Lakin, but you expect that Lakin will be denied the opportunity to obtain discovery evidence in HI vital records to defend himself.

Lakin is not asking the court to rule that Obama is ineligible. That, in my view, is false framing. Lakin is asking the court to find him innocent of disobeying a lawful order.

I expect Lakin will claim he is innocent because, as he has stated, in good conscience he has concluded that Obama’s active suppression of discovery of his HI vital records betrays consciousness by Obama of evidence of his own ineligibility. Obama’s active legal refusal to release his original vital records is sufficient evidence to compel Lakin to fulfill his sworn duty to protect and defend the constitution by refusing to take orders from a man whom Lakin honestly believes has knowingly usurped the presidency.

Lakin must be proven guilty beyond a reasonable doubt. If the court-martial proceeding should find Lakin to be “not guilty” due to discovery that it cannot be proved via Obama’s original contemporaneous birth vital records that Obama was born in HI, no violation of constitutional separation of powers will have occurred. A finding that Lakin is “not guilty” beyond a reasonable doubt is not the same as a finding that Obama is not eligible to be president.

The court can only apply the law to the facts within the scope of its jurisdiction. the court has no jurisdiction over the eligibility of Obama so it cannot deny Lakin discovery of Obama’s HI vital records on the basis that this might result in Obama being declared ineligible. That is not within the power of the court-martial.

Case law seems to indicate that Lakin is entitled to obtain discovery of facts which will exculpate himself, for example lack of contemporaneous evidence that Obama was born in HI. The court is free to ignore any evidence Lakin places before it, but I do not believe that the court can prevent Lakin from undertaking broad discovery in his defense.

Here is the case which seems to affirm a duty on the part of the prosecution and court not to suppress discovery of evidence which will exculpate Lakin or impeach the prosecution’s case:

http://court-martial-ucmj.com/discovery/discovery/

United States v. Best, No._________, 2009 U.S. Dist. LEXIS 119802, at *19–20 (M.D. Pa. Dec. 23, 2009).

http://www.freerepublic.com/focus/f-news/2498583/posts?page=279#279

Any evidence in possession of the government prosecution, such as Obama State Dept passport files or perhaps evidence readily available to the government prosecution via its own discovery which would include HI vital records to affirm CIC Obama’s own representations might fall under the requirements of disclosure in US v. Best.

The military is required to presume that the CIC is an honorable man. If Obama is an honorable man and has been telling the truth, discovery of his HI vital records can only be expected to verify the lawfulness of his orders as CIC and thus could only be expected support the prosecution case. The prosecution should be stampeding to HI to obtain the vital records to seal Lakin’s conviction! Any attempt by Obama to impede conviction by preventing the prosecution from obtaining full discovery of HI vital record evidence beyond a reasonable doubt would be dishonorable of Obama as well, in my opinion.

If Lakin gains the right to pre-trail discovery of Obama’s HI vital records, I would expect that the entire court-martial would be derailed before the actual trial could start by a political crisis which could well move to resignation or impeachment depending on what Obama is hiding in the HI records, and only he and his attorneys know what that is.

Just my non-lawyer impression and I invite correction/education/rebuttal from the JAG experts.

[rodguy911]

Too bad we don’t recognize the muzzie army here on FR.

[rodguy911]

BP2 has probably forgotten more than most of these clowns will ever know. He is one of the best on FR.

[Red Steel]

Furthermore,

If the military court does not grant Lakin discovery, it would be grounds for any conviction to be overturned by appeal for failure and denial of the Due Process of Law.

[tired_old_conservative]

“Again, noob, save your fake self-righteous indignation for some one who doesn't know better.”

Actually, you reveal yourself as a fool with this type of nonsense.

“Your “I supported it when Bush ordered it, I supported it through his potential errors” and associative nonsense has ALL the hallmarks of a typical FR “Lib in Conservative’s clothing”. We can smell your stench a mile away, as you attempt to sully Lt Col Lakin’s sacrifice to EXPOSE the truth about Obama’s Eligibility to further your side's selfish political ends.”

Anyone who knows anything about history or has been in a war knows that mistakes are made. It's too big an endeavor with too many parameters at play to be otherwise. There is a reason the brilliant historian Barbara Tuchman pithily summarized war as “the systematic unfolding of miscalculation.” That's why all plans are fluid, and why patriots stand behind a reasonable war effort even when they feel some mistakes are potentially being made. And I deliberately used the phrase “potential errors,” to leave the matter open and avoid excoriating people who had to make some very difficult choices.

Your comments have the hysterical stench of someone incapable of actual thought. When unable to defend your position you simply pivot to an unrelated topic. LTC Lakin’s status has nothing to do with your hypocritical and cowardly disavowal of a war you no doubt mindlessly supported when Bush was President. I repeat—it is not Obama’s war. It is America's. True patriots know that, while you reveal yourself as something else altogether.

“If you TRULY believed in your “I support whomever the President is in prosecuting that to some semblance of a successful conclusion”, then you most-certainly would NOT be rooting for Barack Hussein Obama and his hapless military plans. Obama’s not even rooting for himself; he's doing it while pinching his nose. Our troops are MORE than willing and capable as they deploy under OBAMA'S ORDERS ... if only their CinC truly cared about “winning”.

Obama COULD delegate his authority to the field commanders who KNOW how to FIGHT AND WIN, but their megalomaniac-in-chief wishes to execute HIS WAR to serve his own ego and bolster his poll numbers in typical, Liberal half-ass manner, torn between being a COMMANDER-in-Chief and 60s peacenik. Obama probably looks at Intel imagery and Live Video Feeds to pick the targets himself from the White House War Bunker before giving the orders for Predators to fire their Hellfires ...
... just to be sure that it's not someone on the ground that Obama personally knows.

The field and ship commanders probably can't even fart without prior approval from the CinC, who likely wishes he could wear the uniform to have the White House artist paint Obama in pure Napoleonic repose.”

People who truly support the war and our soldiers fighting it recognize, to paraphrase, that we go to war with the CIC we have, not the one we wish we had. And as long as Obama is trying to prosecute the war to a successful conclusion, which there is no evidence he is not and which is also a proposition advanced publicly by our military, our role is to support that effort and offer constructive criticism where appropriate. And given that the lives of our soldiers are at stake, even when we criticize the President's decisions, we should still hope he is somehow right and we are somehow wrong. One of my clients is an Iraq vet who was skeptical of the surge and is quite happy he was wrong. That's because he is an actual patriot who doesn't view the well-being of a war effort through the prism of his own twisted desires.

We get it that you hate Obama. We get it that this hatred has deprived you of your rational faculties, leading to juvenile drivel like your Napoleon picture. You are no different that those on the left whose hatred for George Bush came before their love of country. Your unhinged rage testifies more eloquently than any of your words, and it is both sad and pitiful.

[tired_old_conservative]

“Furthermore,

If the military court does not grant Lakin discovery, it would be grounds for any conviction to be overturned by appeal for failure and denial of the Due Process of Law.”

By all means, tell yourself that if it makes you feel better. But do try to control the venom directed against honorable judges and military officers when it doesn't work out that way.

[Las Vegas Ron]

The man who calls himself an American citizen and who yet shows by his actions that he is primarily the citizen of a foreign land, plays a thoroughly mischievous part in the life of our body politic. He has no place here; and the sooner he returns to the land to which he feels his real heart-allegiance, the better it will be for every good American. There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else. For an American citizen to vote as a German-American, an Irish-American, or an English-American, is to be a traitor to American institutions; and those hyphenated Americans who terrorize American politicians by threats of the foreign vote are engaged in treason to the American Republic"

"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague".” ~~Marcus Tullius Cicero

Nuff said