Norbrook has a good piece here on Blue Wave News about Conscience and Duty. Worth a read.
And TPMMuckraker has this piece.
In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched "Terry Lakin Action Week," and invoked Nuremberg to argue Lakin’s case[.]
The APF has launched it’s new campaign – Terry Lakin Action Week — to persuade members of Congress to get involved in establishing a new concept, that military officers may refuse duty at their whim.
With Congress back for the "lame duck" session we are urging Terry’s advocates to make calls to Capitol Hill- and to newly elected Members of Congress- during the week of Nov 15-19 to urge them to speak up for LTC Lakin and to provide feedback on the response to those calls. Remember that the U.S. Congress works for you- and that Members have a certain obligation to respond to constituent inquiries- but please be polite and respectful in advancing your point of view.
This is a reminder that LTC Lakin has not yet made some statement refuting his belief about the President’s eligibility or the birther movement. That would not be completely expected at this point and I would anticipate his counsel have told him not to make any more public statements.
Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s defense counsel.
His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer.
I posted a while back about the TMLUTB defense. I think the two charges referred to above are the harder on which to establish a TMLUTB defense. I think it would be harder to convince members that the order to report needed the advice of counsel. But . . . .
Here courtesy of Obama Conspiracy Theories is the Congressional Research Service legal opinion on, well . . . . . . ..
Members of Congress Memo–What to Tell Your Constituents in Answer to Obama Eligibility Questions
Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired. After that he began a website called JAGHunter. Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders. Over the years there have been other oddities from the retired LCDR. He became involved in the birther movement. The retired LCDR has been vocal in his support of LTC Lakin. And more recently he was arrested and being prosecuted because he wanted to arrest some public officials for actions he didn’t like.
Fitzpatrick was arrested in April after he interrupted a closed door grand jury hearing in an attempt to make a citizens arrest of jury foreman Gary Pettway. Fitzpatrick felt Pettway and the jury was illegally blocking his attempts to indict President Obama.
Fitzpatrick has said he believes Obama is not an American citizen and is serving illegally as president.
World Net Daily quotes Neal Puckett as follows:
He confirmed to WND that there will be new directions for the defense, but could not elaborate.
"All I can really say is the case is going to be handled differently from here on out," he said.
It appears that LTC Lakin may be feeling victimized? safeguardourconstitution reports:
In facing court-martial, LTC Lakin is just the latest victim of the determined effort of the President not to provide simple proof of his eligibility under the constitution to hold office.
Thanks Dr. Conspiracy for catching that.
I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session.
The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy].
1. Mr. Jensen was excused from further participation in the case at the specific affirmative consent of LTC Lakin, because he’d been “discharged.” See R.C.M. 506(c).
safeguardourconstitution has this item:
Next court event:
Wednesday, October 13
at Ft McNair- 12:00 pmWednesday’s court appearance will address LTC Lakin’s change of counsel and should be only a brief session. Fort McNair is located at 4th and P streets, SW, near the Waterfront/Marina. Some landmarks are the Waterfront Metro, the EPA building at Waterside Mall, Arena Stage. Use the P Street Entrance to enter the installation.
Lots of political rhetoric, name calling, and pithy evaluations continue about this court-martial case. But putting the chaff aside there have been and can be a number of teachable moments.
It is unclear what role if any APF will continue to have in this case. The website and a recent email indicate a role limited to publicity for LTC Lakin, his case, and the birther issue. See APF still ‘in the fight’ and apparently LTC Lakin intending to stay the course, and compare with the current site. The United States Patriots Union is now apparently in the game with their four ‘White Papers’. I am labelling them the nativists. While APF has a focus on the birth certificate, the USPU argues the APF position is too narrow and has a focus on the natural born aspect of presidential eligibility as well. Neither theory is helpful to LTC Lakin. Neither theory was helpful before he disobeyed orders and neither is relevant now. Neither theory will ever be relevant to a defense against the current charges. LTC Lakin is in a bind.
I would suspect that the new defense team will bilge the birther/nativist theory. So the question becomes what might be their strategy or approach. I would imagine efforts to avoid or remove this case from trial might be one. Thinking outside the box (or outside the schoolroom solution) is vital. But despite the thinking, can it be done, can a viable defense be fashioned for LTC Lakin.
Court-Martial Trial Practice Blog