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To: xzins; blue-duncan
The most critical issue is that the Manual for Courts Martial says that any order should be presumed to legal without absolutely clear evidence that it is not.

Sounds as if he may have had some bad legal advice. He should have deployed under protest and then filed a petition for writ of mandate for the Army to produce the documents in question. He probably would have lost, but he would still have his commission.

Cest la vie.

43 posted on 12/14/2010 9:42:12 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

Sounds as if he may have had some bad legal advice. He should have deployed under protest and then filed a petition for writ of mandate for the Army to produce the documents in question. He probably would have lost, but he would still have his commission.

43 posted on Tuesday, December 14, 2010 11:42:12 AM by P-Marlowe


I agree. Furthermore, his “lawyers” failed to raise the NBC issue.

Now what basis for appeal is there for what LTC Lakin’s lawyer has concluded is a “certain conviction?”

Puckett stated that all of Lind’s rulings re: discovery were correct, did he not?

What issues does LTC Lakin have for appeal of the “certain conviction” predicted by his lawyer?


49 posted on 12/14/2010 9:52:34 AM PST by FS11
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