world net daily Tag Archives — Court-Martial Trial Practice Blog

LTC Lakin sitrep 9

September 28, 2010 | The Law Office of Philip D. Cave

NIMJ was able to send Charlie Fowler to monitor todays Article 39(a), UCMJ, session.

1. Trial is continued until 4 November 2010 from 13 October 2010. Not sure of the reason. It appears Mr. Jensen asked the judge to hold the case “in abeyance” pending resolution of an (untimely?) writ which has been filed with NMCCA. According to Charlie the defense said the reason for the potentially untimely filing was “for reasons I can’t get into right now[.]” Huuuuuuuum, this has resonance. I think I’ll try this one in a couple of weeks. (Note to DMLHS, this citation to authority has to be on the top ten this year.)

2. Unsurprisingly to those familiar with military justice the judge ruled the orders to be legal.

Should LTC Lakin be embarrassed?

September 7, 2010 | The Law Office of Philip D. Cave

Some reporting of last weeks Article 39(a), UCMJ, hearing appears to attribute the military judge’s ruling to a desire to save the president embarrassment. I believe this is a gross distortion of a small part of what the military judge said. I was there and heard her read her findings and conclusions which were then made a part of the record of trial and available to the parties. These are the relevant references.

The above is from the discussion of the political question doctrine. The sole use of the word embarrassment is here:

Does the above compute with what World Net Daily or others have said? You decide.

LTC Lakin update

June 16, 2010 | The Law Office of Philip D. Cave

World Net Daily reports that LTC Lakin, not unexpectedly, has received an adverse OER.

Welcome to the club of just about every accused who faces court-martial charges.

LTC Lakin today

June 12, 2010 | The Law Office of Philip D. Cave

Officer to Army: See you in court, is the title of a posting to World Net Daily. The piece also links to the new video release. I did not see a new confession, merely a continuance of his supposed reasons for his contumacy.

He cited a long list of "reasonable arguments" raising questions about whether Obama was born on American soil.

Assuming arguendo that there are reasonable questions about President Obama’s citizenship, the questions remain irrelevant to LTC Lakin’s court-martial.

LTC Lakin update on WorldNetDaily

June 3, 2010 | The Law Office of Philip D. Cave

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 ‘no basis in law,’" he said

LTC Lakin update

April 23, 2010 | The Law Office of Philip D. Cave

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow.

WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’

The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.