Posted on 04/22/2010 2:54:33 PM PDT by 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.)
(Excerpt) Read more at scribd.com ...
And then they’ll pretend to cry crocodile tears of sorrow for the poor “fool” who’s throwing his future away.
Nauseating.
This counseling is to inform you that your deployment orders are presumed to be valid and lawful orders issued by competent military authority ...
Yup.
People tried to tell him this would happen as soon as he made his intentions public! That's why his friends told him to get his head examined! Shame he didn't listen to them. He chose to listen to different people instead, people who don't have a clue of what they're talking about.
Evidently he presumed they were not valid because the CIC has demonstrated that he is most likely not eligible to be CIC. You have to admit that any man that would risk his life and carer to stand for what he believes is a man of honor. To bad we don’t have more of them in government.
Citing an appellate case is commensurate with "screaming"? Oh brother.
No; the prosecution has to prove every element of the charge beyond a reasonable doubt.
In this case, the government has to prove the order was lawful. If the defendant claims that the order is unlawful because Obama is not constitutionally eligible to hold the office of President, then the government must produce the evidence that he is constitutionally qualified. The real fear should be that the judge just might take judicial notice that Obama is the legitimate President.
All in all, charges being filed is simply te next step in the process and what the defendant and his lawyers wanted to happen. FRankly, I'm a bit surprised the government acted so quickly unless those in the chain of command either want to discourage others from taking similar action or they want Obama exposed as soon as reasonably possible.
Men of honor in government are on the endangered species list.
Too bad there aren’t more on this thread.
A charge of conduct unbecoming an officer would be very difficult to prove since Lakin has pretty much said he is very willing to deploy if the government can prove Obama is constitutionally eligible to be President.
If I was a defense attorney, I would make a very big issue of the fact that the government needs to prove Obama is the legitimate President in order to convict Lakin.
I'm holding out hope that Lt. Col. Lakin will reverse course somehow if it isn't already too late. It's very sad to see someone who has clearly given so much to our nation be so mistaken and misinformed.
At the same time, we should never forget that when Lt. Col. Lakin refused to deploy, another soldier stood in his place. There is a very good chance that soldier either deployed early or is having to stay longer to make up for Lt. Col. Lakin's refusal to serve. That soldier, whomever he is, and his family, are in our prayers tonight. He is an American hero and we honor his sacrifice.
“People tried to tell him this would happen as soon as he made his intentions public! That’s why his friends told him to get his head examined! Shame he didn’t listen to them. He chose to listen to different people instead, people who don’t have a clue of what they’re talking about.”
I would never impugn his intelligence or sanity. Foolish or not, I believe he acted with pure motives. Unfortunately, the rest of the world has impure motives or another agenda. The rest of us don’t deserve his sacrifice.
When I was an officer in the U.S. Army it was made very clear that while authority may be delegated, the responsibility still rests with the person doing the delegating.
In this case, the government has to prove the order was lawful. If the defendant claims that the order is unlawful because Obama is not constitutionally eligible to hold the office of President, then the government must produce the evidence that he is constitutionally qualified. The real fear should be that the judge just might take judicial notice that Obama is the legitimate President.”
I'm sorry, but that just isn't true at all.
The Manual of Courts Martial clearly states: “An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate.” A defendant claiming an order is unlawful doesn't in and of itself require the prosecution to prove anything, particularly when the order in question requires no specific action on the part of the defendant that can reasonably be construed as illegal. The orders in question are simply going to be accepted by the judge as legal, yielding an inevitable conclusion.
But they don't. If you were an attorney, you would understand that.
At the same time, we should never forget that when Lt. Col. Lakin refused to deploy, another soldier stood in his place. There is a very good chance that soldier either deployed early or is having to stay longer to make up for Lt. Col. Lakin’s refusal to serve. That soldier, whomever he is, and his family, are in our prayers tonight. He is an American hero and we honor his sacrifice.”
I agree with every word of that.
Presumptions can be overcome. If the defense makes offers a defense that the order is unlawful because Obama is not a legitimate President, the burden would then shift to the government since it has access or can get access to the appropriate documents.
That said, I am not going to be surprised if the judge or government refuses to turn over those documents. On the other hand, the members of the court martial board can choose to acquit if those documents are not provided to the defense no matter what the judge tells them.
I can’t speak for an actual legal strategy, but it seems to me that we’re looking at a form of civil disobedience aimed at defending the Constitution from a domestic threat (an illegal CinC). Is this deployment not part of Obama’s Afghanistan surge ... to me, there would be ways to connect these dots and justify civil disobedience.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.