caaflog Tag Archives — Court-Martial Trial Practice Blog

LTC Lakin’s defense

October 11, 2010 | The Law Office of Philip D. Cave

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.

A LTC Lakin piece

May 9, 2010 | The Law Office of Philip D. Cave

Blogger Rainier4311 has a piece on LTC Lakin which is critical of Anderson Cooper’s interview. Regardless of the merits of the interview, the piece contains some interesting and uninformed comments on the military legal system.

This Article 138 discovery process must be done. LTC Lakin now has the right to discovery based on the Articles of the UCMJ. The United States Army is attempting to prosecute LTC Lakin just to cover their tracks because the Army has put other personnel out because of their refusal to deploy because the erroneously accused wanted proof of Barack Obama’s eligibility to be president.

In all reason, the controversy surrounding Barack Obama’s eligibility must be put to bed. Under Article 138, he is bound by both federal laws to prove his birth, and since he is, by all accounts the Commander in Chief, he is also bound by the UCMJ.

LTC Lakin update

May 8, 2010 | The Law Office of Philip D. Cave

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders. As DMLS points out there is a link to Mr. Jensen’s own website, Paul Rolf Jensen . . . Lead Counsel for LTC Lakin. That certainly should be admissible as circumstantial evidence of intent as to the missing movement charge. LTC Lakin’s supporters are not happy about the CNN interview, as this piece at World News Daily indicates. Frankly I wasn’t happy with it either as a lawyer who regularly defends clients at court-martial.

I thought I’d use this case as a way to refresh ourselves on how a defense counsel should approach an Article 32, UCMJ, hearing regardless of the accused or the charges. (I HAVE CREATED A LTC LAKIN PAGE here – which I will update as a relevant event happens or I have time.)

Cooper dominated the combative interview, demanding answers from Lakin, telling his lawyer, Paul Rolf Jensen, to let his client answer and then forging ahead with his own arguments.