Posted on 12/16/2010 1:17:21 PM PST by Cardhu
Lakin Sentenced
1545: Sentence announced. Dismissal, confinement for 6 months, total forfeitures.
The ability to post text does not infer the ability to interpret law.
"The elements of Article 90 and 92, the Authorization to Use Force, and the actual law which gives the SecDef the authority to implement Presidential combat orders down the chain of command ALL say that the President has to authorize the use of force. Those are the legal documents."
Nobody ordered Lakin to use force.
BS. There is no Constitutional right to make irrational arguments in court.
I know of no eligibility cases that were filed before a Secretary of State certified Obama’s name to be on a State ballot.
Jamese77, LorenC - Do you know of any?
States have deadlines for when presidential candidates’ paperwork must be submitted by the political parties, usually months before the election. IIRC, the questions regarding Obama’s eligiblity didn’t begin until about June/July 2008, which may have been in time to file suit (at the State level) to prevent ballot certification but none were filed that I remember.
I’m sure Barry sent the word down to make an example of Lakin. They don’t want this issue coming up over and over again. Somebody might start to pay attention.
True, except that Hawaii laws and administrative regulations allow for the release of infromation and/or non-certified abbreviated copies of these records to the public by request. Yet despite these laws, Hawaii refuses to release the requested information and/or abbreviated records, so in that sense, there is an informal and unnecessary seal on these records.
Then you'd have to defend your employee to keep him out of prison. :>)
An officer dismissal covers any forced exit from service for conviction at a court martial. While it is treated administratively the same as a dishonorable, it isn't always for violent crime or desertion as is a dishonorable.
Dismissal of Officer Upheld in Haiti CaseAP
Published: November 28, 1995•Sign In to E-Mail •Print
FORT DRUM, N.Y., Nov. 27 — The dismissal of an Army captain who left his post to investigate reports of human rights abuses at a Haitian prison was upheld today by the commanding officer of the 10th Mountain Division.
But the commanding officer, Maj. Gen. Thomas N. Burnette, reduced a court-martial panel's recommended punishment and dismissed a charge of conduct unbecoming an officer against Capt. Lawrence Rockwood for lack of evidence, said a Fort Drum spokesman, Maj. Rudy Cohen.
Captain Rockwood, a 15-year Army veteran, was stationed in Haiti during the United States' intervention there when he conducted an unauthorized inspection of the National Penitentiary in Port-au-Prince on Sept. 30, 1994. He accused his superiors of ignoring reports of mistreatment of inmates.
In May, Captain Rockwood, a counterintelligence officer with the 10th Mountain Division, was found guilty of failure to report for duty, being disrespectful of a superior officer, disobeying a superior officer and conduct unbecoming an officer.
A court-martial panel decided against imposing prison on Captain Rockwood but recommended that he forfeit all pay and be dismissed.
I know you're trying desperately to make a lame joke, but it needs to be truthful in order to be funny. The 10th amendment, for example, would reserve this right to the people since it is not constitutionally prohibited. Otherwise, Lakin was denied due process.
I agree that someone would have done him a big favor by smacking him upside the head.
I suspect that to take someone into custody would have required charges, and then a hearing. So, yes, they could have taken him. But, no, they wouldn’t have sent him to Afghan.
If by “my eyes” you mean the law, then yes.
We just disagree about a military court being an appropriate place to challenge Obama’s eligibility.
I think your confused here. I am upholding the honor and integrity of LTC. Lakin, and condemning the poster’s comparison of him to the CIA traitor.
I said before he was nominated....
It’s not an ideal place, that’s for sure, but the President is also the Commander in Chief and has a tangible connection to military law. Why would it be an inappropriate place to challenge the legitimacy of the CinC??
Hero.
Then explain why an Officer cannot be given a Bad Conduct Discharge, since you know that law so well....
... which would be before the Secretaries of State certified him to be on the ballots.
The DNC had to complete their convention in order to nominate him. There would be no point to a lawsuit filed before he was nominated by his party.
After he was nominated and before his name was certified to be on the ballots, any citizen had standing to file suit. No one did that I recall.
So, I’m asking which lawsuit filed before the election was also filed before he was certified to be on the ballots?
A BCD is a punative discharge by court martial only for enlisted members. A commissioned officer cannot be busted down in rank by a court martial but he can be dismissed.
Couldn't they delivered him to his unit in Afghanistan and then had the hearing there?
Guess again...
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