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So Lakin takes care to show Obama proper respect due a lawful President of the United States so as not to run afoul of the UCMJ, and then announces his intention to not obey any orders until Obama proves to him that he is, indeed, the President and due the respect he takes care to show. Yep, it's the Eligibility to hold office that is the heart of the matter ... where this is all heading. Quo warranto literally means "by what warrant?" Think of it as the Salute, which is based upon a medieval knight's gesture of raising his visor to reveal his identity. Obama occupies the office, that is undeniable. However, the question is: IS Obama Constitutionally-Eligible to act as the president? Furthermore, Lt Col Lakin has NOT violated Article 88 (Contempt toward officials). It's a fine line, but it can be threaded if you know the limits of the law, in this case, as it applies in Military Court. It's obvious he and his attorney know those limits. Background: Following WWII, Congress debated and created the Uniform Code of Military Justice in 1950. For the re-numbered Article 88, the Senate agreed to use the 1949 Army Manual for Courts-Martial, which defined Contempt this way:
This article covers both (i) words which are contemptuous in themselves, such as abusive epithets, denunciatory or contemptuous expressions, or intemperate or malevolent comments upon official or personal acts, and (2) words which are contemptuous because of the connection in which they are used and the surrounding circumstances. Compare Lt Col Lakin's necessary statements to address his conscientious objections in a respectful manner, to that of someone like Lt Howe in US v. Howe (1968), where the Fort Bliss officer carried a sign reading "End Johnson's Fascist Aggression in Vietnam," and you'll understand that Lt Col Lakin has NOT violated Article 88 (Contempt toward officials). The government would simply be UNABLE to prove that Lt Col Lakin used "abusive epithets, denunciatory or contemptuous expressions, or intemperate or malevolent comments upon official or personal acts", etc. |
