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.
It's a failure of them in Congress the Democratic party to follow the US Constitution. Obama becoming president took an effort by Congressional members and leaders of the Democratic party to conspire to withhold the background of Obama. Pelosi et al and other members of government have colluded to helped Obama hide his past. The de facto officer doctrine will not prevent Obama and his conspirators from jail. The courts could conflate the basis of the argument that underlies the doctrine to 'protect' the decisions made, but as it stands now, that is not the case.