First, let me state that I fear that this is not going to end well for Lakin.
In the above statement, there are some interesting words included. Those words are "inferred" and "may". Using the rules of construction, and the rule of lenity, it is pretty clear that a defendant has the opportunity to establish that the order is not lawful.
Note that the words "are" and "will be" are not included. As you certainly know - while others may not - words are to be given their legal meaning (or ordinary meaning when there is no specific legal meaning) and words may not be read either into or out of the passage.
The very real problem for Lakin is being afforded the opportunity to prove the orders are unlawful simply because Obama is not a legitimate President. I don't think he will be allowed to do so; and will thus be convicted unless his defense team can somehow create so much publicity about this case that the members of the court martail board will feel safe enough to essentially engage in jury nullification.
If the judge rules that Obama's legitimacy as President is not relevant, that would also create some media attention. A military judge might not want to say that he doesn't care if Obama in constitutionally qualified.
As much as I wish Lakin well and believe he is earnestly trying to do the right thing for the nation, I am not holding out much hope that he will prevail.
For those who think he will lose his license to practice medicine, I am quite confident that there are a number of states that would readily permit him to practice his profession.
Without question. And, it's also clear that it's entirely up to the trial judge to make that determination. What becomes problematic for Lakin is the identity of the issuing authority of his actual orders. It's not the President, it's either SecDEF or his Commanding General. From the perspective of the trial judge, the eligibility of the President (or lack thereof) is irrelevant.
Moreover, even if - and this is just purely for the sake of discussion - the trial judge looks past the irrelevancy of the President's eligibility, there's the additional hurdle of the de facto officer doctrine.
And of course, the relevant case law, much of it surrounding Presidential authority and the political question doctrine does not cut well for Lakin either. The courts have not been kind to this type of affirmative defense, and I doubt this case will break from that tradition.
The fact of the matter is a trial judge is NEVER going to grant discovery on the issue of Obama's eligibility, and any lawyer with a week's worth of military legal experience would know that. This is precisely why his 4856 did everything but beg him to seek the counsel of a military lawyer, which of course he was entitled to. He declined that advice, apparently.
With respect to your statement about his medical license, you might be right about finding a sympathetic state. But, the problem for Lakin will come from the DEA. Without a DEA number, which will be in peril due to the unavoidable show cause hearing for his felony conviction, will be tough to hold on to, at least for a few years. He might be able to regain on a probationary basis after some period of time.