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Title: LTC Lakin’s Court-Martial Nears
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URL Source: http://ohforgoodnesssake.com/
Published: Dec 6, 2010
Author: None
Post Date: 2010-12-06 13:45:24 by Skip Intro
Keywords: None
Views: 100070
Comments: 116
LTC Terrence Lakin’s court-martial opens next week on December 14 at Fort Meade, Maryland. I saw a photo online recently of Lakin with his beautiful family, which I won’t post here for the sake of their privacy. But I felt very sad looking at it. Lakin’s irresponsible actions gambled with their future security and family reputation. I wonder if the GOP ops behind this miserable fiasco, like Margaret Hemenway and Paul Rolf Jensen, or World Net Daily, for that matter, ever give a thought to what they have done to these kids. All the Birthers out there, every single one, who pushed this man farther and farther to self-immolation should be ashamed, including, more recently, his own brother. It would be one thing if LTC Lakin had continued with the Birther defense. Lakin must have realized the damage he was doing to his family and to the service and himself, or he wouldn’t have fired the American Patriot Foundation and hired a non-Birther lawyer, one of the best in the military law business, to represent his interests over the Birther movement’s interests. It’s a shame the Birther movement continues to exploit Lakin in defiance of his legal strategy. No sympathy here for LTC Lakin–he deserves what he gets–but for his children. And for the armed forces, who have better things to worry about than half-assed, unpatriotic conspiracy movements. Col. Dwight Sullivan of CAAFlog described on The Fogbow how the military sentencing process works in a plea bargain: In the military, the convening authority (the commanding general or other high ranking official who decided to prosecute the case) actually enters into a contract with the defendant (called an accused in military justice parlance). The convening authority agrees that if the accused pleads guilty and does whatever else he or she agrees to do, then the convening authority will reduce the accused’s sentence to an agree-upon limit. The case then goes to court-martial, where the accused pleads guilty and goes through a “Care inquiry,” during which the accused is required to convince the military judge that he or she is actually guilty. This is a lengthy process during which the accused basically has to explain in his or her own words why his or her conduct satisfied every element of the offenses to which he or she has pled guilty. Once the military judge finds the accused guilty in accordance with the pleas, the case then moves immediately into a sentencing hearing. There are no presentence reports — sentencing is an adversarial evidentiary process, much like a contested trial. At the end of the sentencing case, the sentencer (it could be the military judge alone or a panel of service members) deliberates and then announces a sentence. (For members, it generally takes a 2/3 vote for the sentence, though there are some exceptions to that rule.) Then the accused gets the lighter of the sentence adjudged or the sentence as agreed to with the convening authority. So the defense can, as we say, “beat the deal” by getting the sentencer to adjudge a more lenient sentence than that in the contract (called a PTA for pre-trial agreement) between the convening authority and the accused. During the defense’s sentencing case, the accused can elect to either testify under oath or make an unsworn statement to the court-martial. If the accused testifies under oath, he can be (and almost invariably will be) cross-examined by the prosecutor. If the accused makes an unsworn statement, he isn’t subject to cross-examination, though the prosecution in its rebuttal case is allowed to rebut any statements of fact made during the unsworn statement, but not opinions. Military case law construing the right to make an unsworn statement holds that the accused can say just about anything he wants. In practice, because the case law is so expansive, a military judge almost never precludes the accused from saying something because she knows that if she does, there’s a pretty good chance she’ll get reversed on appeal. So, if LTC Lakin so chooses, there could indeed be an “open mike afternoon” at his court-martial during which he would have the option of delivering a birther manifesto. He would almost certainly be allowed to do so if he wants. (Of course, the sentencing authority — be it Judge Lind or a panel of Army colonels — will then be free to consider that as a matter in aggravation when determining the appropriate sentence.) Col. Sullivan intends to attend the trial, so we can look forward to his reports on CAAFlog. A very interesting interview he had recently on Reality Check is well worth listening to. If he does attend the court-martial, Reality Check will be lucky again to have him as a guest to discuss it. Don’t miss the show next week.
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#19. To: Skip Intro (#16)
You're right. He gave the orders to the people that gave the orders.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
I don't get it either. He did it because it was the right thing to do,and he took a oath to protect and defend the Constitution. The Constitution sets certain standards that any president MUST meet in order to be the CiC and give orders to the military. It is the DUTY of career officers to insure those standards are met in order to avoid following illegal orders. Military people are always putting not only their careers but their actual lives at risk in order to do the right thing. The only thing surprising to me is that more haven't done it.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
sneaky, For that to be 'valid' both as a debate point, or a defense in his coming court martial, he would have to have proof positive POTUS is not an American Citizen. He simply doesn't.
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
It is? The U.S. army is the biggest collection of cowards in the history of armed forces.
Long live the Taliban Freedom Fighters!
And he can't do that because the man that is ultimately responsible for his court-martial refuses to provide proof that the Colonel is wrong. ALL it would take to settle this whole matter is for the acting president to release his actual birth certificate.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Really? Have you explained that to any of them face to face,Ahab?
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Indeed. And they agreed with me.
Long live the Taliban Freedom Fighters!
C'mon tell us again how you he-roically kicked some panamainian ass. how one dingbat nearly got you with a sharpened mango.
Long live the Taliban Freedom Fighters!
LOL... still chasing your tail on this one, David Duke. So not only are you a Storm Front trooper, but you're a proud member of the Birther Brigade! You must be so proud!
didn't you vote for john kerry?
Long live the Taliban Freedom Fighters!
lol. our retired imperial welfare-vets are annoyed that someone doesn't fall to the ground and worship them for their 'service' oppressing sovereign peoples overseas.
Long live the Taliban Freedom Fighters!
Nope, I voted third party in 2004. How about you? Furthermore, how is that relevant?
checking your credibility levels. so far so good. I don't vote.
Long live the Taliban Freedom Fighters!
I didn't kick anyone's ass down there, and I saw no mango trees. I've seen them in Thailand and the Islands of Guam and Saipan, but not in Central America. The 'Dignity Battalions' didn't put up much of a fightas they were intimidated by the large size and scopeof the invasion force. And it was that big to do precisely that. I did see large groups of howler monkeys though that were all smart enough to tutor the neutered as mud dumb as ewe though.
Yeah,I'll bet.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Still smarting over me proving the first slave holder in the English-speaking New World was a black man,ain't ya? Your whole belief system must have been shaken by that one,Buckwheat.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Burden of proof is with the Colonel, sneaky.
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
Burden of proof is with the Colonel, sneaky. Lakin is responsible for his court-martial. He is the person who failed to comply with a lawful order. Obama's place of birth is irrelevant.
Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains. Thomas Jefferson
He did not chose his battles wisely. Bottome line. Good post my dear. Let's hope he grows to realize this and can heal from the cancer of his hatred that is costing him so dearly.
Really? He now has to prove he is innocent? This is America. I thought the burden of proof was on the prosecution,and they were charged with proving guilt. If THEY were to produce the actual birth certificate,they would prove their case beyond all doubt. If they won't/can't do this,they have no case.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Lakin is responsible for his court-martial. BullBarack! He is the person who failed to comply with a lawful order. PROVE it was a lawful order,dummy. You can't,because the only way to prove this is to produce Barry Soetoro's actual birth certificate,and he is unwilling to do this. Since he IS the prosecution (they work for him) his refusal to produce any proof that the Colonel is guilty as charged SHOULD lead to the case being dismissed. It is within his power to produce the proof IF he can,and he won't. Now,I know you lefties get wood at the thought of a all-powerful government that makes our decisions for us,but do you REALLY want to get a government court the ability to find someone guilty without having to produce any evidence of his guilt? Obama's place of birth is irrelevant. Proving once again why you are a Dim. You could no more be anything else than a fish could learn how to fly or a mule could learn how to tap dance.
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
now Pete, you know as well as I do, that only 1/10 of the U.S. army are fighting men. for the rest, it's just a job corps.
Long live the Taliban Freedom Fighters!
The U.S. Army is a teamwork organization with what is called a head to tail ratio. What that means is some fight, and others logistically support those actively fighting in any theater of operation the U.S. Military is deployed in. I'm surprised you feel you need to lash out with the obvious. Because this is the nature of the beast, and no one disputes this.
Yep. The person making the claim, in this case the Lt colonel, bears the burden of proof here. There is no legal spin to this basic judicial concept.
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
I repeat: the U.S. army is the biggest collection of cowards in the history of armed forces.
Long live the Taliban Freedom Fighters!
No, he has to prove his claim that POTUS wasn't born in America is based in fact. He hasn't, and its my view he simply can't. The guy fucked up here big time, sneaky. You know it.
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
He listened to the wrong people.
Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains. Thomas Jefferson
Lakin is being judged on what he did, that is the relevant evidence that must be produced in court. Even if Obama were an illegal immigrant, or whatever birthers claim at the moment, and if the order came directly from Obama, himself, rather than drown the chain of command in support of a policy established by the previous POTUS, according to the de facto officer doctrine, the order would still be legal.
Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains. Thomas Jefferson
Like always, you birthers have it ass backwards. Lakin is the one where the burden of proof falls. You've been drinking the Goldi Kool-Aid too long.
There is no legal spin to this basic judicial concept. Sneaky, when Badeye and I agree there is nothing left for you but to face the fact that you are wrong.
Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains. Thomas Jefferson
You really do miss the "good old days" of Stalinism and the USSR,don't you?
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Nothing exposes the hypocrisy AND the stupidity of you lefties than this issue. You are all foaming at the mouth and DEMANDING the defendant PROVE his innocence. Here is a clue for you. In America it is the PROSECUTION that is supposed to prove their case,not the defense. Fries your fritters doesn't it,comrade?
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
Actually I think you would be more at home in the old USSR where the law de jour was the product of expedience.
Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains. Thomas Jefferson
No, you idiot. He has to defend himself against the charges filed against him. They're real simple, so simple I'm surprised you can't follow them. Did he disobey a direct order? Yes or No? That's the way it works.
These people must be hurting themselves, what with all the spin and twist needed to see it any other way. It would seem to me that if he's being charged with failure to follow a lawful order, he is the defendant, and the prosecution has to prove the order was lawful. Basic, straightforward, and simple.
And the sheep will bleat their submission, Burma Shave.
No he doesn't skip. All he has to do is sit there with his arms folded and tell the prosecution, "prove your charge against me".
And the sheep will bleat their submission, Burma Shave.
Well, that's true. He can do that and he'll be convicted in record time. There's no question whatever that he disobeyed a direct order. If he hadn't, he'd be in Afghanistan now.
The prosecution is charging him with disobeying a LAWFUL direct order. The burden of proof that the order was LAWFUL is on the prosecution. Now how does the prosecution do this, since it appears that just about every record of Obama's life has been sealed? Seems to me the prosecution is the one in a bind here. But Justice has long ago left our courtrooms, replaced by wormtongues, arguing not justice, but the law. Cicero had it correct when he wrote, "But the most foolish notion of all is the belief that everything is just which is found in the customs or laws of nations."
And the sheep will bleat their submission, Burma Shave.
And then wonder when the locust will arrive....(grin)
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
Good luck with that. Try and think about this for a minute. According to you, every single order given to every single service member could be challenged in court for this reason. I suggest you spend some time reviewing the UCMJ on what the term "lawful order" means, then try again.
Comments (60 - 116) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestHe didn't directly give the orders.
#20. To: Badeye, Murron (#18)
I have no insight on this one, murron.
#21. To: sneakypete (#20)
#22. To: sneakypete (#20)
The only thing surprising to me is that more haven't done it.
#23. To: continental op (#22)
#24. To: Badeye (#21)
For that to be 'valid' both as a debate point, or a defense in his coming court martial, he would have to have proof positive POTUS is not an American Citizen.
#25. To: continental op (#22)
The U.S. army is the biggest collection of cowards in the history of armed forces.
#26. To: sneakypete (#25)
#27. To: Ferret Mike (#23)
#28. To: sneakypete (#24)
And he can't do that because the man that is ultimately responsible for his court-martial refuses to provide proof that the Colonel is wrong. ALL it would take to settle this whole matter is for the acting president to release his actual birth certificate.
#29. To: meguro (#28)
#30. To: All (#27)
#31. To: continental op (#29)
didn't you vote for john kerry?
#32. To: meguro (#31)
(Edited)
#33. To: continental op (#27)
#34. To: continental op (#26)
Indeed. And they agreed with me.
#35. To: meguro (#28)
LOL... still chasing your tail on this one, David Duke. So not only are you a Storm Front trooper, but you're a proud member of the Birther Brigade!
#36. To: sneakypete (#24)
And he can't do that because the man that is ultimately responsible for his court-martial refuses to provide proof that the Colonel is wrong
#37. To: Badeye, sneakypete (#36)
And he can't do that because the man that is ultimately responsible for his court-martial refuses to provide proof that the Colonel is wrong
#38. To: lucysmom (#37)
"Lakin is responsible for his court-martial."
#39. To: Badeye (#36)
Burden of proof is with the Colonel, sneaky.
#40. To: lucysmom (#37)
(Edited)
#41. To: sneakypete (#34)
#42. To: continental op (#41)
#43. To: lucysmom (#37)
Lakin is responsible for his court-martial. He is the person who failed to comply with a lawful order. Obama's place of birth is irrelevant.
#44. To: Ferret Mike (#42)
#45. To: sneakypete (#39)
Really? He now has to prove he is innocent?
#46. To: Ferret Mike (#38)
He did not chose his battles wisely. Bottome line.
#47. To: sneakypete (#40)
Now,I know you lefties get wood at the thought of a all-powerful government that makes our decisions for us,but do you REALLY want to get a government court the ability to find someone guilty without having to produce any evidence of his guilt?
#48. To: sneakypete (#40)
PROVE it was a lawful order,dummy.
#49. To: Badeye, sneakypete (#43)
The person making the claim, in this case the Lt colonel, bears the burden of proof here.
#50. To: lucysmom (#47)
Even if Obama were an illegal immigrant, or whatever birthers claim at the moment, and if the order came directly from Obama, himself, rather than drown the chain of command in support of a policy established by the previous POTUS, according to the de facto officer doctrine, the order would still be legal.
#51. To: Skip Intro, *Hypocrisy and Hypocrites* (#48)
Like always, you birthers have it ass backwards. Lakin is the one where the burden of proof falls. You've been drinking the Goldi Kool-Aid too long.
#52. To: sneakypete (#50)
You really do miss the "good old days" of Stalinism and the USSR,don't you?
#53. To: sneakypete (#51)
You are all foaming at the mouth and DEMANDING the defendant PROVE his innocence.
#54. To: sneakypete (#51)
You are all foaming at the mouth and DEMANDING the defendant PROVE his innocence.
Seeing the others as fools,
Not knowing nor even caring,
They've become no more than tools.
#55. To: Skip Intro (#53)
No, you idiot. He has to defend himself against the charges filed against him.
Seeing the others as fools,
Not knowing nor even caring,
They've become no more than tools.
#56. To: Wood_Chopper (#55)
No he doesn't skip. All he has to do is sit there with his arms folded and tell the prosecution, "prove your charge against me".
#57. To: Skip Intro (#56)
There's no question whatever that he disobeyed a direct order.
Seeing the others as fools,
Not knowing nor even caring,
They've become no more than tools.
#58. To: lucysmom (#49)
Sneaky, when Badeye and I agree there is nothing left for you but to face the fact that you are wrong.
#59. To: Wood_Chopper (#57)
The burden of proof that the order was LAWFUL is on the prosecution.
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