You raise great points. The rules demand that if he elects to go with a panel, that they must be 0-6s or above. but, it's Lakin's prerogative to go with just the judge. I would actually expect him to take that option.
Once the trial judge rules the orders lawful, a jury's decision is a foregone conclusion. Nullification isn't going to come into play here.
His best chance is to go with a panel rather than just a judge. Most O-6s didn't get there because they are unintelligent. If none of them have any hope of making O-7, I would not rule out the possibility of a jury nullification even if it is a very remore possibility. The defense could go on the offence and try to get on the conservative talk shows and explain that there is a USSC case that clearly states that the jury is judge of both the law and the facts.
The concept that the tribunal is the sole judge of the law is a judicially created fiction and was never contemplated by the founding fathers. Another judicially created fiction is the whole standing issue as it relates to violations of the Constitution. Every citizen should have the right to question the constitutional qualifications of a President through a quo warranto action.
We sure hope so ... Lakin needs Injury to get into Federal court.