Posted on 12/14/2010 9:25:59 AM PST by Smokeyblue
An Army doctor who disobeyed orders to deploy to Afghanistan because he questions Barack Obama's eligibility to be president has pleaded guilty to 1 of 2 charges against him.
At a court-martial proceeding Tuesday in Maryland, Lt. Col. Terrence Lakin of Greeley, Colo., pleaded guilty to not meeting with a superior when ordered to do so and not showing up at Fort Campbell in Kentucky where he was supposed to report.
(Excerpt) Read more at wkrn.com ...
Zotting would sure carry a lot more heft.
It’s the president that orders the troops to be deployed, he decided how many would go and told Gates to make it happen.
Your whole premise seems to be that somehow Gates has more authority and responsibility than Obama does for the sole purpose of removing Obama from Lakin’s chain of command.
As anyone that has ever served will tell you at any command in the Armed Forces the chain of command is always on display from the president on down to the unit commander. Trying to pretend otherwise is a fool’s gambit.
When facing criminal charges, it's bad form to speak about those charges to anyone other than your lawyer. It's especially bad form to speak about them on TV and/or radio.
Even in the military, the accused has an unassailable right to keep their mouth shut. This will be a case book example why clients should exercise that right, fully.
Think about it. I could carry my personal weapon from Fairfax county into DC without fear of execution. I might actually have enough money left over from what I earn to put real fuel into my car - heck, even my boat.
Barbara Boxer would still be a prostitute. Maxine Waters would still be stupid, but she'd be stupid AND unemployed. And best part yet, Barny Frank would still be a bathroom attendant in the local Boston metro-area.
I find myself wondering if having a night to sleep on things helps Lakin by letting any passions cool or if it will hurt him by giving the jury time to stew about matters.
Dunno.
Barny Frank would still be a bathroom attendant in the local Boston metro-area
You mean as a primary job.
I think both still practice those professions on a weekend freelance basis.
You want freedom of speech, you’ll have to do the same thing I did. Start your own damn web site. No one owes you a soap box.
Yes, yes, of course.
The authority for Gates to give combat deployment orders comes from Obama so it doesn’t even matter who GIVES the orders. What matters is where the AUTHORITY comes from, and the need for actual authorization/authority is what is noted in ii of the elements of lawfulness for Article 90.
Without “the President” authorizing the use of force, neither Gates nor anybody else down the chain of command is authorized to use force. Congress gave the authority specifically to “the President”. Absent “the President” there is no authority to use force. That’s according to Congress (SJ Res 23), who gets ITS authority straight from the Constitution.
And that is understood clearly and acknowledged openly if the location of the deployment is Iran. How is Afghanistan any different?
In a garrison setting like this? Yes. These people, just like civilians, have a life to get back to. If this was a court-martial in theater, they'd be deliberating until they were finished.
"I find myself wondering if having a night to sleep on things helps Lakin by letting any passions cool or if it will hurt him by giving the jury time to stew about matters.
I am notoriously unreliable in predicting the actions or intent of the jury panel during deliberations - I'm a horrible tea-leaf reader. I know others that are great at it. As TC, I always expected the worst for my case. I would do the same here. Your assertion isn't unlikely, but that's just how I'm wired to think.
From what I gather from Judge Lind, the Petagon and congress ordered Hiroshima bombs...Truman was just an innocent bystander. (;/
I’ve had good luck making tautological predictions about things.
For no matter what else happens, it will either rain tomorrow or it won’t.
I made no attempt to remove Obama from the chain of command and I certainly didn’t suggest that the SECDEF has more authority than the POTUS. That would be foolish.
Do you know who defines the chain of command for combat operations? Congress.
You said earlier that Congress grants commissions and that the President doesn’t have that authority. I replied that the President must sign (i.e. approve) the commissions granted by Congress.
Similar situation here. Congress granted authority directly to the SECDEF to deploy our forces but the President must approve the SECDEF’s plans.
Congress granted authority in Title 10 for many different types of things to various members of the military according to rank/rate. Those members have duties and responsibilities under the law that didn’t come from an order from the President. They carry on the day-to-day business of the military with the authority granted to them by Congress.
Certainly as CIC, the President can issue specific orders to his subordinates and they have a duty to obey his lawful orders. But there are orders issued that the President literally has nothing to do with because Congress granted specific authority for some things to other members of the military. Can the President intervene and change those orders? Certainly, he’s the CIC. But do those vested with authority need his permission? It depends on whether or not Congress said they do.
“A military court may punish for contempt a person subject to this code who wilfully and unlawfully refuses to be sworn or to affirm as a witness or who refuses to answer a legal or proper question ...”
__
I’m sorry, what’s your point? It says you can be punished for not answering. It doesn’t say you can be punished if you give an answer that the judge doesn’t like.
No, the authority for Gates to issue deployment orders comes from Congress via TITLE 10, Subtitle A, PART I, CHAPTER 6, § 162. Gates cannot do so until Obama commits our forces to combat and says how many he will commit. Then Gates needs permission, not an order, from Obama to proceed with his deployment plans.
You’re confusing “authorizing the use of force” with “ordering forces to deploy.”
Just think about it ...
open season on libtards.
The chain of command as defined by congress always has the president at the very top of the chain, thats why the president is the Commander in Chief...
Your pretzel-ed logic is beginning to bore me and waste my time.
Yes, the President is the CIC and is at the top of the chain of command. But the President doesn’t run the entire Department of Defense any more than he runs the Department of Justice, Treasury, or Homeland Security.
Congress grants specific authority to the heads of the various Executive departments/agencies. Not every decision those department heads make comes from Obama. They require the authority to run their department. Special circumstances may require Presidential approval and the ultimate responsibility for all decisions may rest with Obama, but that doesn’t mean that every decision they make is illegal because they work for Obama.
If you cannot accept that basic premise, then yes, any further discussion is a waste of your time and mine.
Interestingly, none of the “girlymen” here wanted to comment on this, strange, LOL!!!
Here’s the right spelling: Baracka Hussein Abu Amama!!!
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