The charges against Lakin didn’t include failing to go to Afghanistan.
“Charge I stated, on April 12, Lakin intentionally missed his US Airways Flight Number 1123 from Baltimore/Washington International Airport to Charlotte, North Carolina in order to deploy for a Temporary Change of station in support of Operation Enduring Freedom.
Charge II cited two specifications of Lakin, “having knowledge of a lawful order issued by LTC William Judd, to report to the office of his Brigade Commander, Col. Gordon R. Roberts,” and “having knowledge of a lawful order issued by Col. Gordon R. Roberts,” orders which were his duty to obey, failed to obey those orders by “wrongfully not reporting as directed.”
Notice they did not charge him with not going to Afghanistan, but not going to Baltimore/Washington International Airport and catch a flight to Charlotte, North Carolina.
They drafted the charges narrowly, and did so to prevent Lakin from arguing his orders were to deploy overseas to combat. I think they would have won, and won easily, regardless. But they wanted to make sure it never came up.
““Based on the evidence available, his conviction is certain,” Puckett told WND. “He has no affirmative defense for the offenses he committed.”... “This leaves us with a client who stands accused of missing the movement of an airplane, two failures to obey orders to meet his brigade commander, failure to report to Ft. Campbell, and failure to report to his unit,” said Puckett.”
http://www.wnd.com/2010/12/235561/#Vczm7rXMZ8t6TqxI.99
Let me get this right. The only way the military would be able to charge him with failing to obey the unlawful order to deploy to Afghanistan is if he was on the plane when it reached Afghanistani airspace and immediately jumped out.
Do I have that right?