“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.
The Government's track record is terrible in recent history going after Marines, Soldiers, and SEALs that they accuse of crimes in a war zone? What is the government batting .... 0 for 6 or 0 for 10?....something like that. ;-)
I think that this is wishful thinking on your part. If I were on his court martial panel, I would likely vote to convict. I doubt that I would hear any reference to President Obama, but I don't think that would carry much weight in any case. Court Martial convictions only require a majority vote, and I can't imagine a panel of officers that would return any verdict other than guilty.
The main reason for this is that the Officer Corps does not believe that any member of the military has any right to refuse to deploy on political grounds. When the military is ordered into combat, they go, period. In this case, we are talking about a war directed by two Presidents and authorized by the Congress.
Lakin has allowed himself to become a political pawn and he will pay the price.
ODH and I have gone around and around on more than a few occasions.