Yes, Obama's fraudulent candidacy for, and installation into political office would have no impact on the legal authority of Lakin's superior commissioned officers, and civilian command authority to issue orders, including deployment orders. Why this escapes so many people - including Lakin and his representation is a mystery.
ODH,
Some birthers claim that LTC Lakin expects to be convicted and is doing this to obtain standing to initiate a quo warranto proceeding in D.C. For the sake of discussion, assume that to be true.
Could the prosecution argue that LTC Lakin disobeyed his orders specifically to achieve a political agenda. If so, how would you expect that to affect this proceeding and his sentence once convicted?
Would you then expect a D.C. District Court judge to deny his petition to initiate a quo warranto on the basis of standing because his injury was a direct (and intentional) result of his own actions and not that of Obama’s?
This is going to blow up in LTC Lakin’s face. The attorneys counseling him are wretches for advising him to do this. His best interest is not their objective.
(Anyone with experience in court martial proceedings and the UCMJ, please feel free to address this post. I’m interested in all opinions on the matter.)