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To: EveningStar

From the article:

Phil Cave, a retired Navy judge advocate general who now practices military law as a civilian, said that even if Lakin does decide to deploy as scheduled, the Army still may be able to prosecute him. Under Article 88, Cave said, a servicemember can be charged for making disrespectful comments or remarks about the president.

Cave believes that Lakin’s supporters in the birther movement hope that a court-martial will give defense attorneys the authority to seek, through discovery, other documents to help make their case.

“They think that by using [servicemembers in a court-martial] they can get discovery like you could in any criminal prosecution,” he said. “That ain’t gonna happen. They’re not going to have discovery where they’re going to get the president to produce a birth certificate because, I’m reasonably certain, no military judge, no appellate court and no federal court, and no U.S. Supreme Court is going to say they have a right to get that as a matter of discovery.”


49 posted on 04/09/2010 5:00:06 PM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
The court of public opinion will be much more important.

Imagine a man going to Leavenworth because he dared to ask the Messiah to show his birth certificate? That's going to look like King George crushing a peon for standing up to him. Americans are going to flip when that happens.

After all, the First Lady said Obamas home country is Kenya. This man just wants Obama to prove her wrong.

234 posted on 04/09/2010 10:04:07 PM PDT by PA-RIVER
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