Driscoll is not being entirely complete in his explanation. Deployment orders originate from the president of the United States to war zones. The chain-of-command echoes that same order all the way down to the privates in the units that receives those orders. As it is clearly illustrated in this article below:
Driscoll’s point is that the movement order for Lieutenant Colonel Lakin is a legal order regardless of Obama’s eligibility.
That has been the way the US Military has always operated under “lawfulness of orders” and “de facto officer.” The exception is if an order is to commit an unlawful act.
Deploying to Afghanistan is not an unlawful act and I’m willing to bet that the name Barack Hussein Obama does not appear on the movement order.
Lakin is charged with a violation of 887.87 under the Uniform Code of Military Justice: Missing Movement
“Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.”
“Driscoll is not being entirely complete in his explanation. Deployment orders originate from the president of the United States to war zones. The chain-of-command echoes that same order all the way down to the privates in the units that receives those orders. As it is clearly illustrated in this article below”
The problem here is that both sides are correct. Following the strict procedures of military law...the JAG, LTC Driscoll, is technically/legally correct. In his narrow little world of lawbooks and military law he is spot on.
However, most of the rest of us agree with you Red Steel, that ALL military authority - especially deployment to combat, derives it’s source/authority in the POTUS. IF the POTUS is an illegitimate (not constitutionally qualified) one then the entire chain of command is tainted. That, of course, isn’t how the JAG types see things. To maintain military morale and discipline, the POTUS cannot be under a cloud. Common sense dictates that President Obama releases all records necessary to clear this up (at least the place of birth proof - the issue of his father not being a U.S. citizen is a matter of constitutional interpretation - a SCOTUS issue). It is a no brainer.....something that could have stopped this from the get go.
Personally, I believe that many of the officer corps, that will make up the panel members, are more interested in “truth” not just “legal” procedures dictated to them. Although they will be instructed to only consider what is allowed to be heard in the procedings....I am hopeful that some court members may be prejudiced against the convening authority and the Article 32 JAG for not allowing LTC Lakin to be fully heard as to why he disobeyed. In that, although JAG/UCMJ precident doesn’t agree, motive is very important when it is obvious the person missing movement is not some dirtball, but a highing respected military physician. The man is no shirker or coward. IF some panel members will be “thinkers” and not legal system functionaries...maybe the LTC will be acquited. The former Navy JAG “OldDickHand” (AKA OldDeckHand) would vehemently disagree and tell you I am a moron. That, of course, doesn’t change anything.
The field grade officers I know and associate with are much better on “thinking outside the box.” It will be field grade officers on his court martial panel. Hopefully, they will be able to think outside the prescribed “legal box” they will be instructed to stay within. This is my opinion, and may be wrong.
When Congress re-authorized the use of force and the funding of additional troops to Afghanistan, those orders became constitutionally legal.
Obama sent additional forces to Afghanistan on a specific request for more troops by General Stanley McCrystal.
Congress (both major parties and the few independents) have interacted with Obama as the president, those actions put the de facto officer doctrine into full effect.
However I’m fine with leaving it to the Article 32 hearing officers on Friday to decide whether or not de facto officer is in force in the Lakin situtation or not.
If they should decide differently from the Investigating Officer and from my supposition, that’s ok with me.
They are the experts on the Uniform Code of Military Justice. I am not an expert.