I just don’t agree with ether of you. If the charge is disobeying a lawful order, they have to prove it is lawful. If LTC Lakin gets his day in court, and that is a big if, the question of obumbers eligibility will be answered.
And yes, I have participated in a court martial. Though I don’t claim to be an expert, I do know a defendant has the right to defend him/her self and the prosecution has to prove it’s case.
IIRC, there are very clear guidelines for what constitutes an illegal order.
Seems that the courts martial would evaluate claims of an illegal order within that framework.
Concerning one charged with disobeying an order, the three opinions are:
1) You can't argue the legallity of the order or order giver (Non Sequeter)
2) You can so argue, but you have to prove illegality of the order. (El Gato)
3) You can so argue, but the prosecution must prove the legality of the order. (JoSixChip)
I just don’t agree with ether of you. If the charge is disobeying a lawful order, they have to prove it is lawful. If LTC Lakin gets his day in court, and that is a big if, the question of obumbers eligibility will be answered.
And yes, I have participated in a court martial. Though I don’t claim to be an expert, I do know a defendant has the right to defend him/her self and the prosecution has to prove it’s case.
My response would be that all orders are assumed to be legal, unless proved otherwise. Thus in the absence of such proof of illegallity or unlawfullness (if those are not the same thing), all the prosecution needs to prove is that the order was not obeyed.
But, the defendant must be given the opportunity to argue unlawfullness, and must be given the opportunity to obtain evidence or other information in support of that argument.
The order of his brigade commander is a lawful order, and I cannot imagine how the defense can demonstrate that it was not.
If LTC Lakin gets his day in court, and that is a big if, the question of obumbers eligibility will be answered.
Lakin will get his day in court. And Obama will never enter into it.
Though I don’t claim to be an expert, I do know a defendant has the right to defend him/her self and the prosecution has to prove it’s case.
Before it gets there the defense has to prove to the court that Obama's eligibility is relevant. Based on these charges, it isn't.
And yes, I have participated in a court martial. Though I don’t claim to be an expert, I do know a defendant has the right to defend him/her self and the prosecution has to prove it’s case.”
Plus, if anyone checked LTC Lakin’s time line it is clear he did EVERYTHING he could through the proper procedures and chain of command to get help and answers to his questions. He was ignored, replied to by many (all documented) and given no help or answers. Lakin then proceeded to do what he felt he had to do which was to refuse to follow ANY orders until his questions were answered.
Those who wish to contribute to LTC’s defense fund may do so here: http://www.safeguardourconstitution.com/