Judge Weighs Request For Obama School Records (Ltc Lakin hearing today)

AP/WJZ 13 ^ | 9-2-10

[rxsid]

"Commander David LaRocque: Did you know that Colonel Lakin is being housed in the psychiatric ward at the Walter Reed Army Medical Center pending his court-martial? and that he is being subjected to threats and severe psychological abuse for simply doing what is required of him by his oath of office as a U.S. military officer? This is what they did to dissenters in the Soviet Gulag!"

[Pilsner]

Do you really want a military where everyone can question orders, demanding to know the background of everyone up the chain?

Its worse than that. Birthers want a military that has the final say over who, and who is not, President of the United States.

[BuckeyeTexan]

The article doesn't provide a direct quote. It summarizes:

The judge ruled Thursday that those records and any other evidence or witnesses pertaining to Obama's birth are not relevant to the case and will not be admitted.

[Red Steel]

Holy crap now they are going to far.

[Lurking Libertarian]

After this case is resolved, and he receives punishment after a trial where the Collective Congressional emotion of embarrassment was a deciding factor of allowing evidence of his innocence or guilt, he will have standing in a Supreme court.

"Standing" is a concept applicable to a plaintiff in a civil case; it has nothing to do with a defendant in a criminal case.

Lakin will probably never get to SCOTUS, but for a different reason: If he is convicted, he can appeal to the Army Court of Military Appeals. That court must hear his case. If that court affirms his conviction, Lakin can ask the Armed Forces Court of Military Appeals to hear his case, but they don't have to hear it; their review is purely discretionary. If they refuse to hear his case, that's the end of the line; he cannot petition SCOTUS for certiorari. Only if the Armed Forces Court of Military Appeals decides to hear his case, and then affirms his conviction, can he petition SCOTUS for certiorari, but even then, it is purely discretionary with SCOTUS whether they will hear the case or not.

[rxsid]

">>>> "That would leave a ratio of 5:2 in favor of the conservatives or 4:2:1 if you consider Kennedy to be a wildcard. Excellent deduction!" <<<<

That's the most positive comment I've heard in many months.

-----------------------------------------

Indeed!

It would all come down to 1) weather the justice(s) to which the case was submitted to initially would agree to "send" it to the rest of the court to determine weather or not is should be heard and then 2) if the justice did forward it to the full court for review...would the two appointed by the usurper actually recuse themselves?

I'm more hopeful of the first step occurring over the 2nd...and I'm not very hopeful that the first step will occur. I pray that I'm wrong.

[Red Steel]

Its worse than that. Birthers want a military that has the final say over who, and who is not, President of the United States.

No, the ultimate say so would be up to the government and the American people after the truth of Obama's background becomes known. A Lakin exoneration would likely lead to Obama being thrown out of the Oval office, but ultimately that's up to the American people and the people who work for them in government.

[EDINVA]

I believe this is a military court, not an Article III court where standing has been an issue. As a defendant in a military proceeding (court martial), Lakin had standing from Day One. That doesn’t mean his motions, i.e., for discovery, would be granted.

[Godebert]

"I hope Obama is eventually removed from office, and I would love for it to come from this case, but I also see the immense value of discipline and respect for the chain of command."

Now you see why it is of the utmost importance for the very survival of our Republic that the top of that chain of command meet the Article II requirements as set forth in the Constitution.

[Lurking Libertarian]

I'm more hopeful of the first step occurring over the 2nd...and I'm not very hopeful that the first step will occur. I pray that I'm wrong.

Every cert. petition is reviewed by all 9 justices. The process you are thinking of (where 1 justice reviews it and decides whether to submit it to the full court) is used only on stay motions. But in every eligibility case that has come up so far, cert. was denied without a single dissent.

[hennie pennie]

Hi there!

Come on over here, to this thread, there’s some updates, although the actual court transcript is not yet online.

[roaddog727]

I don’t know if Military Courts Martial cases can be appealed to SCOTUS.

[JewishRighter]

Respectfully, I think the more likely procedure would be for Lakin to make the application for the 2 hacks to recuse than to expect them to act sua sponte (that there is real fancy lingo for doin' it theirselfs without nobody askin').

[Munz]

tyvm

[teeman8r]

Bump for truth, justice, and impeachment.

is it impeachment of a non qualified poser... or just the perp walk where he can wear his hoodie over his head...

teeman

[rxsid]

"Holy crap now they are going to far."

If the report from the Commander is true, they have indeed gone WAY too far in their treatment of, still innocent, LTC Lakin. Especially in light of the glowing review he recently received by his CO. Not to mention the verbal harassment and thinly veiled thread of being tazered that he was subjected to a few weeks back. Talk about being injured before being proven guilty. Wow!

LTC Lakin will be on the Barry Farber radio show on Friday, Sept. 3, more details here.

[El Sordo]

Buzzkill.

[hennie pennie]

rofl!!!

[Red Steel]

You aren't kidding. You're just ignorant. And completely unwilling to learn anything. I learn things on Free Republic everyday, you...

My arguments here are logical and correct. As examples see posts 135 and 147. Yours however...

[hennie pennie]

Earlier in this thread, somewhere, a poster mentioned that military courts are FEDERAL and that yes, it can go to SCOTUS.

I hope that was accurate information.