Lt. Col. Lakin Arraignment scheduled for Aug. 6

Aug. 2, 2010) — Washington, D.C. — The Army has now referred charges against LTC Terrence Lakin for a General Court Martial. This action triggered the appointment of a Military Judge to preside over the trial, which will likely be scheduled before October, and held in Washington, D.C. at Ft. McNair. On August 6, 2010 at Ft. McNair in Washington, D.C., the court will convene for the purpose of Judge Lind taking Lakin’s plea to the charges which consist of “missing movement” and of refusing to obey orders.

887. ART. 87. MISSING MOVEMENT

Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

CHARGE I, VIOLATION OF THE UCMJ. ARTICLE 87

The Specification: In that Lieutenant Colonel Terrence L. Lakin, US Army, did, at or near Arlington, Virginia, on or about 12 April 2010, through design, miss the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.

********

892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who—

(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

CHARGE II, VIOLATION OF THE UCMJ . ARTICLE 92

Specification 1: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Lieutenant Colonel William Judd, to report to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 2: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Gordon R. Roberts, to wit: a memorandum signed by the said Colonel Gordon R. Roberts, dated 31 March 2010, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 3: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Peter M. McHugh, to wit: Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, requiring the said Lieutenant Colonel Terrence L. Lakin to report to Fort Campbell, Kentucky not later than 1500 hours on 12 April 2010, an order which it was his duty to obey, did at or near Washington, District of Columbia, on or about 12 April 2010, fail to obey the same by wrongfully failing to report to 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.

Specification 4: In that Lieutenant Colonel Terrence L. Lakin, US Army, who knew or should have known of his duties at or near Washington, District of Columbia, on or about 12 April 2010, was derelict in the performance of those duties in that he willfully failed to report to Fort Campbell, Kentucky in accordance with Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, in support of Operation Enduring Freedom, as it was his duty to do.

The American Military is unique in the world, in that they do not make their own policy but are subject to the civilian authority.

Lt Col Lakin, as all members of the military has NO DUTY to obey and order they believe to be unlawful.

However, they do NOT possess the right to pick and choose which orders are or are not unlawful, rather, they have the choice to follow them, or resign.

Lt Col Lakin is no patriot if he did not resign his commission, forfeit his pay and benefits for his principled stand, rather he has disobeyed an order and attempted to keep his rank and attributed privileges.

This is the one and the same actions of a Junta! A military coup! If there was to be ANY principle for which this man was to be honored it would have been his resignation and not simply a political stunt which undermines the very constitutional principles for which he claims to stand.

He is a disgrace and a coward and should suffer the full and direct penalty of his error. He had the choice and he chose wrongly.

Now, in closing, for the ignorant who will try and defend this man for their selfish political feelings, understand that no one is above the laws to which they have given oath.

He cannot claim to follow his oath, keep his job and pay and privileges and disobey an order.

He can resign. Many have done so. Many HONORABLE have done so. He did not, and instead became a cause celebrity and that is the problem, the only problem, do not be deceived by your feelings.

If you are still supportive of this man and his actions, then you have given cover to ANYONE who “Feels” what he does is for a higher purpose to also ignore the Constitution. Someone like say, an ineligible candidate for President?

Do you REALLY want to give THAT man this out? Any man this out? I pray not.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.