FYI
Phil Cave, a retired Navy judge advocate general who now practices military law as a civilian, said that even if Lakin does decide to deploy as scheduled, the Army still may be able to prosecute him. Under Article 88, Cave said, a servicemember can be charged for making disrespectful comments or remarks about the president.
Cave believes that Lakin’s supporters in the birther movement hope that a court-martial will give defense attorneys the authority to seek, through discovery, other documents to help make their case.
“They think that by using [servicemembers in a court-martial] they can get discovery like you could in any criminal prosecution,” he said. “That ain’t gonna happen. They’re not going to have discovery where they’re going to get the president to produce a birth certificate because, I’m reasonably certain, no military judge, no appellate court and no federal court, and no U.S. Supreme Court is going to say they have a right to get that as a matter of discovery.”
Source: http://www.military.com/news/article/army-calls-birther-docs-bluff.html
Well, I hope we get the chance to see. Because I think this retired Navy judge is a partisan hack. The LTC is being charged with a serious offense that, if found guilty, will result in his loss of freedom and carer. He deserves his day in court and if he gets it obumber will have to be shown to be legit. If this guy goes to jail because obumber refuses to show his BC, well I just don’t think that is going to fly in middle America.
Cave is exactly right.
Colonel, USAFR