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To: JoSixChip
'The question in that case was can American soldiers be forced to serve a foreign power?"

New was about (amongst several things) a soldier disobeying an order, and the trial judge's authority to render a decision on the lawfulness of that order. He did, the trial judge ruled the order lawful, and the appellate court affirmed that ruling when it was challenged by New.

Moreover, New tried to argue that the deployment itself was illegal. Again, the trial judge, affirmed by the appellate court, said, "no thanks, that's a political question, not something to be decided by a military court."

The DC Circuit addresses in great detail the presumption of legality of military orders. Their decision includes this paragraph, citing Rockwood, 48 M.J. at 506 (quoting United States v. Calley, 22 U.S.C.M.A. 528, 543, 48 C.M.R. 19, 28 (1973) (quoting Winthrop, at 296-297)),.

"The success of any combat, peacekeeping, or humanitarian mission, as well as the personal safety of fellow service members, would be endangered if individual soldiers were permitted to act upon their own interpretation" of constitutional, presidential, congressional or military authority, and orders issued pursuant to such authority."

I'm sorry you're either too obtuse, or intentionally argumentative to acknowledge this fairly elementary legal similarity to Lakin. Anyone with an even remedial understanding of the law and the UCMJ gets it. Rest easy though, you're in good company. Whomever is representing Lakin is giving him HORRIBLE legal advice, if they have indeed recommended that he disobey and challenge his deployment orders. At least Lakin might have some foundation upon which to build his ineffective assistance of counsel appeal.

75 posted on 04/22/2010 7:29:41 PM PDT by OldDeckHand
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To: OldDeckHand
"I'm sorry you're either too obtuse, or intentionally argumentative to acknowledge this fairly elementary legal similarity to Lakin."

If it is so elementary, why are you screaming like a stuck pig? Afraid your beloved obumber will be exposed for the fraud he is? And these two cases are not the same, two completely different circumstances. If the good LTC gets his day in court I suspect obumber will be exposed.
78 posted on 04/22/2010 7:36:33 PM PDT by JoSixChip (You think your having a bad day?.....Somewhere out there is a Mr. Pelosi!)
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To: OldDeckHand

I think that the comparison of the legal cases of Spc.4 New and LTC Lakin is inappropriate because of the difference in rank, i.e. enlisted vs. Commissioned officer.


128 posted on 04/22/2010 10:56:19 PM PDT by matthew fuller (#11. Thou shalt not argue with morons.)
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