Probably not. Lakin is not charged with disobeying Obama's orders but instead the orders of his commanding officer.
The United States has civilian control of its military.
POTUS ordered the “surge” in afghanistan and also Ordered changes to the rules of engagement that apply to every soldier once deployed to that country.
The Deployment order required the legal authority of the president. If he is not eligible according to the terms of the constitution, the surge order does not have the authority of POTUS.
Without the presidential authority of a legal eligible POTUS, the deployment order does not have legal authority.
What you are arguing is that the local commander is isolated from the chain of command. This is not so, there is a cascade of orders following from Obama’s surge order downwards to Lakin, then linking back to Obama himself if traced back up the chain of command to the CIC.
If Obama is not eligible, he is a domestic enemy, and it is Lakin’s duty under his officier’s oath to challenge and or disobey an order with no legal authority.
Since lakin has been charged he already has standing, and can even proceed separately with a Quo Warranto suit in the DC courts. I doubt he will do so.
Since Lakin is the defendant, he has to be proved guilty of disobeying an legal order from a local commander who has the legal authority to give it from the chain of command.
Moving troops to a war zone requires the Authority of a legal, eligible POTUS.
Remember, *civilian control of the military.*
The result will depend on the Military Judges and their views of the role of the constitution. If they believe in the constitution as supreme law they sould allow Lakin discovery.