It looks like they only charged him with failing to follow orders. There was speculation about a conduct unbecoming of an officer charge, which I don’t think they could bring up without creating an opportunity for LTC Lakin to counter with his objections to Obama’s lack of Constitutional eligibility. Of course, such may still be the case in determining whether the orders were ‘lawful.’
“It looks like they only charged him with failing to follow orders. There was speculation about a conduct unbecoming of an officer charge, which I don’t think they could bring up without creating an opportunity for LTC Lakin to counter with his objections to Obama’s lack of Constitutional eligibility. Of course, such may still be the case in determining whether the orders were ‘lawful.’”
That jumped out at me as well. The were smart (devious) not to charge him with “conduct unbecoming” for remarks about the POTUS. Then he would have had grounds for discovery. They have charged him with missing movement and failure to obey a lawful order of a superior officer. I don’t think a military judge is going to allow issues of the POTUS’ eligibility to be considered. That he missed movement is not disputed. That he disobeyed orders from superior officers (four specifications) is not disputed either. He is questioning their authority based upon the fact that it come ultimately from the CINC - the POTUS. However, I don’t think this will be allowed in court. This brave man has sacrificed himself and is not going to get what he wanted - proof that POTUS Obama is legitimately POTUS under the USC. Truly sad and disturbing.
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.