Posted on 10/13/2010 3:04:13 PM PDT by BuckeyeTexan
On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.
(Excerpt) Read more at caaflog.com ...
Totally corrupt country.
Blame it on the Congress that let it go down, and the Supreme Court justice who swore in the Indonesian-British Colonial national. The Army's just following their heresy.
Poor judgment on his part.
Kick it up to the next level to the US Court of Appeals for the Armed Forces if possible.
He doesn’t have to bow. I’d say that’s the exact opposite of what Lakin is doing.
Funny that we got member(s) of Congress who say it is problem for the Courts.
Is the Court Martial still scheduled for November 4th then?
No, it isn't.
But isn't it wonderful of birthers to try to make everyone think so.
From: http://www.caaflog.com/category/ltc-lakin/
“In other Lakin news, Phil “My Liege” Cave attended today’s Article 39(a) session and reports here that Judge Lind accepted Paul Rolf Jensen’s removal as LTC Lakin’s counsel. Neal Puckett entered an appearance in the case. And the trial dates were moved to 14-16 December.”
Need to photoshop a jackass’ head onto the judge...
+1
LTC Lakin still got a delay about 1 and 1/2 months with the change of attorney .
Larkin’s attorney should file a motion to delay any further proceedings until after the Nov. 2nd elections. I bet the mood of the courts will change dramatically!
OT. The neighbor who denied me a box of free cigars came over to chat today. A Steelers’ fan stepped foot on my property. Grrrrrr.
OT. The neighbor who denied me a box of free cigars came over to chat today. A Steelers’ fan stepped foot on my property. Grrrrrr.
Not surprising. Let the Court Martial continue and appeal the conviction.
Hey Marxist, shouldn’t you be over at DU or Kos and kids?
Anyone who expected some other outcome just does not understand how the law works and will continue to be disappointed as this plays out. Those who have encouraged LTC Lakin to pursue this fool’s errand are going to walk away scot free to tilt at the next windmill and Lakin’s career will be destroyed.
Nope. The law is clear. His orders were lawful regardless of Obama’s status.
No, just obey the orders of his superior officers.
LTC Lakin has move well beyond his career and he pursued this all by himself.
Exactly. It’s pathetic that a good man was convinced to pursue this.
If memory serves the court martial is due to begin in mid-December.
I bet the mood of the courts will change dramatically!
I'll bet it doesn't.
Yeah, it should be.
Nope. The law is clear. His orders were lawful regardless of Obama’s status.
Yes they were, however he has to serve the Constitution first!
Hey, I'm not the one disparaging our country. It's you birthers that post anti-American comments like the one I replied to.
And for the record, I'd be willing to bet you are more of a Marxist than I am.
Mid-December, according to Lakin's website.
Just like the men who served under Lt. Calley?
Believe it or not, there is a difference between being ordered to murder civilians and being ordered to report to your brigade commander's office.
Right, and the legal rational argued by the courts about the ‘de facto officer doctrine’ does not cover Obama in this case.
>Nope. The law is clear. His orders were lawful regardless of Obama’s status.
He has sworn to uphold and defend the Constitution; to leave the question of Obama’s eligibility unresolved would be dishonorable and Conduct Unbecoming an Officer.
...Or do you want to argue that a military officer has no interest or obligation to see the Constitution followed?
What is honorable about refusing to obey the orders of your brigade commander and two other superior officer?
What the hell are you talking about? I’m disparaging this country?
Wasn’t it your favorite, Hillary Clintoon that said it was patriotic to disagree with any administration. The sheep are not going to take this crap anymore. That’s why I’m a member of the TEA PARTY.
No. I wouldn’t argue that. But a military court martial can’t resolve that question. It’s irrelevant as far as they’re concerned.
So distinguish your proposition from the Nuremburg defense. I’m just trying to understand. Whenever these Lakin threads come up, someone always raises the question of whether “just obeying orders” theory works for this situation, and no one ever seems to address head on how it is that at Nuremburg the defendants were held responsible for wrong-doing despite their otherwise legitimate orders. If that’s the case, simply reciting the same canard they used for their defense as if it were a stand-alone universal truth seems highly suspect. There must be a better, more complete answer out there than some hypothetically unconditional obligation to always follow the orders of a superior officer.
So are you claiming Lakin was being ordered to commit genocide?
No. He wasn’t ordered to kill anyone.
“Those who have encouraged LTC Lakin to pursue this fool’s errand are going to walk away scot free to tilt at the next windmill and Lakin’s career will be destroyed.”
Lakin will lose, but I cannot feel too much sympathy for him. It would take either an amazing ego or amazing stupidity to have expected any other outcome. If someone is leading an army of fools, he needs to ask himself why only fools follow him?
“He was ordered to go over with his men and kill/murder people.”
That speaks volumes about the mindset of some birthers...I’ve been to Afghanistan, and flew a lot of sorties over Iraq, and can’t recall getting orders to murder anyone.
Lakin wasn’t ordered to commit murder.
I bet it does. And there is more to it than being ordered to his commanders office.
Personally, what LT Calley did was deplorable. However, what is the difference if the US Govt made the decision on a much larger scale? If we got rid of the stupid rules of engagement, sure there would be lot’s of civilians killed, but we would have solved this issue years ago, thereby saving many more lives on both sides.
No, I’m not. Although that theory might enter the discussion later, presently I am merely asking whether it is appropriate to set forth the duty to obey one’s superior officer as universal and unconditional, when it is well-known that there are conditions that warrant disobedience. Nuremburg certainly represents one class of such conditions, but if there is one there might be others. It just seems illogical to state the proposition as an absolute, when we know it isn’t.
The Manual of Courts Martial states, "An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime." Mass murder is a crime. Shooting unarmed civilians is a crime. Robbing a bank is a crime. All are violations of international law and being ordered to do any of those acts is not a legitimate order. Being ordered to report to your brigade commander is not a crime, it is a performance of one's military duty. The Nuremburg Defense does not apply.
You must have amnesia. Clearly “move out” equals “kill everyone in sight.”
/s
That’s because you were really flying tankers. And don’t call me a birther, shirley. Whiskey Tango Foxtrot.
No there isn't. Obama could be unmasked as a fraud and removed from office tomorrow and Lakin would still be guilty of disobeying orders, missing movement, and conduct unbecoming.
Personally, what LT Calley did was deplorable. However, what is the difference if the US Govt made the decision on a much larger scale? If we got rid of the stupid rules of engagement, sure there would be lot’s of civilians killed, but we would have solved this issue years ago, thereby saving many more lives on both sides.
I'm not sure quite how to answer that.
Although I am a lawyer, I am not a military lawyer, so someone with more expertise may correct me. Having said that, my understanding is that, under the UCMJ, it is a defense to a prosecution for disobeying orders that the order was illegal. In a court martial, the judge (not the jury) decides if the order was legal or illegal; if the judge decides it was legal, the jury decides if the defendant disobeyed it.
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