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.)
If that's true, it's the dumbest reason I have ever heard for committing an (alleged) crime. The stupidity alone is criminal.
"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?"
Why complicate an extraordinarily easy prosecution with unnecessary and irrelevant allegations. The alleged actions stand on their own. Lakin's motivation is immaterial.
"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?"
Do you mean before or after he stops laughing, 'cause that's going to take some time? Obama is neither the issuer of the order(s) in question, nor is he the investigating officer, the trial counsel or the convening authority of the court-martial.
'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."
I would say in the interests of fairness, it's impossible to know precisely what advice his counsel has offered, or how much of it Lakin has accepted. But, to speak generally, if any attorney advocated this course of action, especially with the hope that a sentence of confinement from a conviction at GCM will open the door to a prerogative writ, is nothing short of malpractice. Of course, we have no idea if that's the actual legal advice he's received. I hope it is not.
The point of Lakin's cae is not to remove the de facto President, that would have to be left to other cases or actors. The point is to determine, as a matter of law, if Barack Hussein Obama is in fact eligible to the office of President, and thus de jure President, able to issue lawful orders.
Thus quo warrento proceeding would not be a direct outcome of this case.
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Could the prosecution argue that LTC Lakin disobeyed his orders specifically to achieve a political agenda. Only to YOU is there a "political agenda" in this case. You keep thinking this is some sort of cheap partisan political game where you take great GLEE in trying to score points for your side. Lt Col Lakin's actions and Sacrifice for us all are Noble, Admirable ... and necessary. Lt Col Lakin is respecting and following the "orders" of the Constitution, to which he took a solemn oath to protect and defend. Furthermore, IF there WERE a “political agenda” here, rest assured that the Army would have slapped Lt Col Lakin with ADDITIONAL charges connected to: — UCMJ Article 88 (Contempt toward officials)
What's next on your little checklist? Are you next going to accuse Lt Col Lakin of being RACIST too?! |