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No US Attorney is worrying about this case. Lakin has no basis for refusing to deploy. Both the Board & any appeals court will rule Obama’s birth certificate is irrelevant. Lakin’s reasons for missing deployment are not relevant to the government’s case.

“Hmmm, first of all, he is a FGO, not a junior company grade officer. In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.”

I was an O-5 as well. Junior refers to him being junior to the folks giving the deployment order.

“Second of all, please explain where Obama’s Deployment orders are obviously LEGAL.”

1 - The deployment is fully supported by Congress as well as the President. He would have received the same orders if McCain had won.

2 - If Lakin possessed EVIDENCE that Obama was born abroad, he might have a case. However, he is using his refusal to try to obtain evidence of his suspicions. That won’t fly.

Watada - I still think they should have tossed him in prison for 5-6 years. However, I believe his defense rested on his being a CO, not on GWB not being President. I’m not familiar with how the rules for COs work. I just know I despise Watada for not deploying. He was a self-serving political ass - in which he resembles Lakin.

If Lakin wanted to protest Obama, he could have resigned and done so. The US military doesn’t get to decide who is CINC. The American people & Congress do that.

1 - The deployment is fully supported by Congress as well as the President.

I wouldn't call last Fall's Afghanistan deployment of 30,000 troops "fully supported" by Congress, much less Obama himself. Obama stalled for as long as he could, and still did not meet General McChrystal's full troop request ...

However, I'm happy to see that Learning has occurred — you FINALLY admit that Lakin's Deployment Orders did NOT come from Lakin's commander, Col. Gordon Roberts.

Obviously, for the Lakin's Deployment to be "fully supported by Congress as well as the President", Congress would NOT be approving the Deployment orders originating from Col Roberts, rather from the (de facto) CinC, B. Hussein Obama.

2 - If Lakin possessed EVIDENCE that Obama was born abroad, he might have a case. However, he is using his refusal to try to obtain evidence of his suspicions. That won’t fly.

Wow. So now you think that Lt Col Lakin has inherent Investigatory Powers and has the ability to obtain Obama’s records himself. My goodness, Mr Rogers ... if EVERY plaintiff had such powers, the power and rationale of Judge-Ordered SUBPOENA and DISCOVERY would become utterly useless and obsolete, wouldn't it?!

Yes, Mr Rogers ... you are a WONDERFUL source of entertainment for us all. LOL.

Agreed. And the Left exploited him just like they did Cindy Sheehan.

However, Watada questioned his Deployment orders from Bushie (isn't that what you Libs called GWB) and his authority as CinC under the doctrine of Command Responsibility. Watada argued that IF he was ever in charge as a Commanding Officer, HE would be responsible for "war crimes".

And yet ... B. Hussein Obama himself SET PRECEDENCE by interfering with the 9th Circuit to get Watada’s case for REFUSING to abide by Deployment Orders DISMISSED.

An inconvenience truth, isn't it?

If Lakin wanted to protest Obama, he could have resigned and done so. The US military doesn’t get to decide who is CINC. The American people & Congress do that.

You “claim” to be a former O-5. And yet, the words “I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same” seem ALIEN to you.

Just because YOU would shirk your duties as a military officer, don't whine if Lakin takes his oath more seriously than YOU did when you wore the uniform.

The ONLY Blind Allegiance that an Army officer is duty-bound to honor is NOT to a flesh-and-blood MAN, and certainly NOT to a British Subject like B. Hussein Obama ... but to a piece of parchment written more than two centuries ago:

“Watada - I still think they should have tossed him in prison for 5-6 years. However, I believe his defense rested on his being a CO, not on GWB not being President. I’m not familiar with how the rules for COs work. I just know I despise Watada for not deploying. He was a self-serving political ass - in which he resembles Lakin.”

Watada missed movement because he claimed the Iraqi War was illegal. He was not a CO, he stated he was willing to go Afghanistan.

Watada — like Lakin — was not allowed to put on the defense he wanted to. The MJ had ruled that he could not use a Nurenberg defense and that he could not even use his motivation for missing movement. Basically it ruled that the legality of war was irrelevant to the issue at hand.

The case against him fell apart when after the trial started the MJ refused to accept the stipulation he signed which the prosecution offered into evidence because Watada was pleading not guilty and the stipulation he agreed to said he was. At that point the prosecution requested a mistrial instead of calling witnesses to prove he was ordered to deploy and refused. The defense objected but it was granted. When they tried him again the defense objected claiming it was double jeopardy. The Judge agreed and dismissed all charges from the first trial including missing movement leaving only the 2 charges of conduct unbecoming. The prosecution then appealed the decision.

I suspect Obama dropped it because he believed the government wasn’t going to win. Eventually a deal was brokered where instead of trying Watada on conduct unbecoming an officer he agreed to separation with a general discharge.

What strikes me bizarre is that the Watada and New cases clearly demonstrated that Lakin was not going to be able to mount the defense he wanted. These were pretty high profile cases and I would think Lakin, if not his civilian atty, would have been aware of them. He have to be pretty stupid if he actually thought he could bring Obama into his court martial.

Even if he thought it would give him standing to get to the Supreme Court, he’s not thinking very clearly. They only accept cases that have gone to CAAF and I doubt CAAF would be willing to hear such a open and shut case so Lakin’s going to be SOL.

Also, even if he doesn’t get jail time, states revoke the medical licenses of anyone convicted of a felony. A conviction of missing a movement is considered a felony and I’m sure will see him lose his medical license.

Both the Board & any appeals court will rule Obama’s birth certificate is irrelevant

what Board? Oh you mean the panel. Well it's not up to them. It's up to the military judge presiding over the Court Martial. They are not even supposed to hear any arguments on the subject of the legality of the orders.

In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.”

According to Army Regulation 600–8–29, section 1-11 a) :

"Promotions to the grade of major and above must be confirmed by the Senate (10 USC 624 [c]).

10 USC 624(c)

Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain, in the case of officers of the Army, Air Force, or Marine Corps, or lieutenant (junior grade) or lieutenant, in the case of officers of the Navy, shall be made by the President alone.

Thus 0-3 is the highest an officer on the regular list, which is what this section is about, can obtain without senate approval.