WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case. But Lakin said the result "makes it impossible for me to have a fair hearing." "I cannot even raise the issue of the president’s eligibility, on the grounds that my position has…
Articles Posted in article 32
LTC Lakin update
Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case. Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected…
Breaking on Hasan
MySA news reports that: Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial. Sitting in the same…
June MilJus calendar
1 June 2010: the Article 32, UCMJ, hearing ICO MAJ Nidal Malik Hasan is set to begin at Fort Hood. MAJ Hasan is in pretrial confinement therefore the Article 10, UCMJ, speedy trial clock applies. On 26 May 2010, Mr. Galligan, MAJ Hasan’s civilian counsel posted this on his blog.…
Hasan update
The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information. Usually it’s only the defense. But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of…
LTC Lakin’s contumacy
safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect. LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to…
LTC Lakin update
Safeguardourconstitution reports that the Article 32, UCMJ, hearing is scheduled for 11 June 2010. The report links to a letter to MAJ Kemkes (a great TDS lawyer from Fort Myer) granting a delay of the hearing from 6 May to 11 June. LTC Driscoll, a lawyer, is the IO. The…
Hasan update 9
KVUE.com reports that: The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing. Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental…
Humor in uniform lawyering
LTC Lakin has made his CNN appearance. His supporters are not happy, as this piece at World News Daily indicates. I found a humorous note in the article. The writer points out a typo in the charge sheet. “in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment,…
Hasan update
I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality. Here is a quick note from KWTX.com: FORT HOOD (April 30,…