Court-Martial Trial Practice Blog
Thanks to safeguardourconstitution
Articles Tagged with safeguardourconstitution
LTC Lakin sitrep
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.
LTC Lakin’s defense
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.
LTC Lakin sitrep – more “huge news”
The APF website is back up!
The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic communications/messaging and coalition-building and that their support will continue seamlessly as the new attorney prepares for trial. CLICK HERE FOR FULL PRESS RELEASE.
The release partly says:
LTC Lakin sitrep
Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight.
In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted by Reality Check (thanks!). Anyway, I thought the first place to go would be be docket – but first a digression on the piece of reporting Reality Check caught.
The military judge did delay the start of the trial for a month to give the defense more time to ask the court of appeals for help. (WUSA9 — http://goo.gl/Am1Q)
LTC Lakin sitrep
The safeguardourconstitution website has a posting that a Writ of Mandamus has been filed with the Army Court of Criminal Appeals.
The site still lists the judges decision as pending.
A copy of the petition is not posted to the website.
LTC Lakin sitrep
It has been (fill in the blank) days since LTC Lakin has been denied some discovery and witnesses for his case. His website has been updated in one place to say “Judge To Rule On Defense Request,” but the breaking news column still has the old verbiage, “Judge to Rules On Defense Request.” Of course we all know the judge has ruled. The point is though that someone is updating the site. The ruling has been adverse to LTC Lakin. I think we can say that the site managers have deliberately avoided placing adverse information on the site. Here’s some questions.
LTC Lakin and his attorney are advertising the case on the internet and a website is being used to solicit funds for LTC Lakin’s defense (we can take issue with the purported amount, compare for example an estimate of $100,000.00 to defend PFC Bradley Manning the Wikileaks accused). Mr. Jensen’s website links back to safeguardourconstitution “For More Information Visit the Case Site.” Is the advertising for funds truthful at this point, if the advertising is not truthful at this point is LTC Lakin himself complicit in a lack of truthfulness, and if LTC Lakin is complicit in this is he acting as an officer and a gentleman? At what point, if any, and I think this question goes beyond LTC Lakin, is a client responsible for “advertising” about their case which is ongoing? At what point is an attorney responsible for the accuracy of his or her advertising about a case they have ongoing? To what extent is advertising about an ongoing case consistent with Rule 3.6 of the Army (or similar other Service rule) professional responsibility rules – AR 27-26. As we bloggers know the Army has been reluctant to publically discuss and/or release LTC Lakin’s case.
Subsequent to the 2 September 2010 ruling LTC Lakin through counsel has said publically a number of times that an extraordinary writ will be filed. To date no writ appears to have been filed. The next scheduled event is for an Article 39(a), UCMJ, hearing on 28 September 2010. So now what?
LTC Lakin sitrep
This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..”
This is the 13th day that LTC Lakin and his team have failed to file a petition for a writ of mandamus or prohibition with the Army Court of Criminal Appeals. (I’m reliably informed that no such petition has been filed as of yesterday.)
1. Delay in filing the writ will not necessarily gain delay in the trial.
Up periscope
This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..”
SLDN reports:
Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending "Don’t Ask, Don’t Tell" (DADT), released a set of formal recommendations today to the Comprehensive Review Working Group, established to author a report on "how" to implement repeal, not "if" repeal should happen.
Up periscope
The Pittsburgh Post-Gazette has a book review of Richard North Patterson’s new book which is about a court-martial. Yes, it’s about a Army officer who returns from Iraq, kills his former commander, and
As the case unfolds, Mr. Patterson gives the reader a tutorial in military justice as well as the complexities of PTSD. He also makes clear his stand against the war through testimonies from personnel involved with McCarran in Iraq.
The tension rises throughout the court-martial: Will the judge allow PTSD as a defense? Will the jury believe how the war changed not just McCarran, but the man he killed?