LTC Lakin sitrep

I use Google Chrome for a browser so this wasn’t apparent to me.  But Dr. C. at obamaconspiracy.org points out the following:

I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other advertising attaches itself to his photo over at WorldNetDaily (hover mouse anywhere over the photo at WND for maximum advertising effect). Nonetheless, I think this image, as much as any other, points out how this honorable, but confused, soldier has become the tool of [select a name].

Of course when viewed in MSIE you can see what the doctor ordered.Advertisement

If LTC Lakin has done this deliberately, then he has created a problem for himself with the Joint Ethics Regulation, an enforceable order.  On this however I doubt LTC Lakin has any specific fault.  He’s likely being taken advantage of.  But I wonder how he thought all of this might play out.

DoD employees may not state or imply an endorsement of a non-Federal entity, event, product, service, or enterprise.

DoD employees may not use or allow their titles, positions, or organization names to suggest official endorsement or preferential treatment of any non-Federal entity except organizations in subsection 3-210.

Emphasis added to this quote from a SOCO briefing.

DoD Directive 1344.1,Wearing of the Uniform.

(1) Not allowed in connection with private employment or commercial interests;

(2) Not allowed when an inference of official sponsorship may be drawn; and

(3) Not allowed when wearing would bring discredit on the Armed Forces.

(4) Applies to active duty, reserve and retired members.

(5) Each Service also has separate regulations with similar wording:

Army – AR 670-1

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38 responses to “LTC Lakin sitrep”

  1. ObamaRelease YourRecords says:

    @BigGuy; I, the person that runs http://www.BirtherReport.com, am the one that corresponded with MGEN Vallely regarding the recent White Paper, not Teo the Bear of thebirthers.org. The post I originally published regarding the White Paper was removed by me after I corresponded with MGEN Vallely. The White Paper was not “scrubbed” as you suggest. It is still posted in numerous places on the net. Any idiot with Google can find it.

    @the author of the above hit piece and Dr. CONspiracy; As for the image ads at WND. The ads run on just about every picture used in WND articles. I would imagine LTC Lakin doesn’t have any editorial control at WND, geesh!!! Are you people serious!?

    You want to talk about ethics? You should be directing your ignorance towards that scumbag usurper that is fighting the release of ALL his past records. By reading your writings about LTC Lakin I take it that is impossible.

  2. ObamaRelease YourRecords says:

    Locked and Loaded!

  3. BigGuy says:

    Over at http://obamareleaseyourrecords.blogspot.com/2010/10/calling-all-charlatans-everyone-wants.html, one Teo the Bear claims to shed some light on the recent scrubbing of the press release and Fourth White Paper of the “United States Patriots Union.”

    The article says, “Based on communication with General Vallely, the webmaster of the BirtherReport has pulled this story. It appears that the USPU Veterans Council did not have the Major General’s permission to issue this in his name.

    [BirtherReport.com Editor: I asked MGEN Vallely if he endorses/approves of the recent White Paper and he replied; ‘Neither’] “

  4. mikeyes says:

    Another quote:

    “What nonsense is this? He is not a legal expert? Of course he is not a legal expert, he is a man of the highest honor and moral fortitude.”

    Sounds like Shakespeare 😉

  5. SueDB says:

    You want to talk about ethics?

    Nothing like bringing a knife to a gun fight.

  6. The Law Office of Philip D. Cave Viking says:

    ORYR:

    You must have missed this in your reading the above, “On this however I doubt LTC Lakin has any specific fault. He’s likely being taken advantage of.”

    But the cautionary tale is how LTC Lakin’s case has been usurped for the benefit of others spewing hateful and disrespectful ideas and language. Let’s assume that LTC Lakin has taken a wrong-headed but principled stance on the presidential eligibility. Let’s accept LTC Lakin is an honorable man albeit misguided. I wonder if he really understands what he has done in allowing the hatred and grossly disrespectful language to be made in his name.

    It is not intellectually possible for me to be directing my ignorance toward the President for I am not ignorant on the subject. Sorry for that bit of hubris. Chalk it up to British humour.

  7. The Law Office of Philip D. Cave Viking says:

    ORYR,

    Can you explain to me, if LTC Lakin is so correct, when no other serving officer has refused orders in the same way and for the same reasons as LTC Lakin, including his military defense counsel. Gosh, if you follow the argument to its logical conclusion MAJ Kemkes should have refused an order to defend LTC Lakin because ……

    Capt. Rhoades doesn’t count. She saw the error of her ways and deployed. I note she had the courage to write a letter to the judge to explain she was wrong.
    MAJ H(sp?) [there you go, only a few months and I can’t remember his name], doesn’t count he volunteered and then un-volunteered.

  8. mikeyes says:

    ORYR,

    RE: “Locked and Loaded!”

    You realize that this is a military law blog, don’t you, and not some liberal screed?

    There are three groups interested in the LTC Lakin case, Obama haters, Obama lovers and the military. The latter can be in either of the former groups, but they are well versed in the customs and regulations of the seervice. The laws and regulations of the military are governed by Congress under Article II, Section 8 of the Constitution and LTC Lakin is in violation of these Constitutionally mandated laws..

    Here is what Hondo (who is a retired officer and no friend of the President) said on ChronWatch:

    “Title 10 of the United States Code defines the statutory roles, responsibilities, and authorities for the Department of Defense. Under Title 10, the Armed Services (Army, Navy, USMC, Air Force), DoD Agencies, and designated DoD officials are granted certain specific authorities and responsibilities. These specified authorities and responsibilities may be exercised without explicit Presidential direction to do so. One of those responsibilities and authorities inherent to the Armed services under Title 10 is to select and provide forces to the Combatant Commands in support of authorized combat operations. The Services need no separate Presidential approval to execute this function; it is authorized by Title 10 provided the underlying contingency operation is itself properly authorized.

    Here’s how this applies to Lakin’s case. The Army provides forces to support combat operations in Afghanistan. It does this under Title 10. Presuming that the combat operation in question is lawful and authorized, no separate Presidential directive or order is required for the Army to do this; the Army is already authorized to provide forces by Title 10.

    Headquarters, Department of the Army coordinates the Army’s provision of forces to Combatant Commands and determines which major units will deploy. Subordinate headquarters are authorized to select who from the unit will deploy, and to issue deployment orders to deploying unit personnel. None of this requires any specific Presidential direction; all is inherent authority provided the Army by Title 10.

    In short: Lakin’s case is the result of nothing more than the Army performing business as usual. The formal authority for Operation Enduring Freedom is President Bush’s Executive Order of September 14, 2001; Congress has authorized funding to support Operation Enduring Freedom multiple times since. Accordingly, Lakin’s deployment does not trace its authority to any specific action taken by President Obama, nor does it require any specific direction or action by him. Rather, the legal basis for Lakin’s deployment is authority granted to the Army under Title 10 to provide forces in support of duly authorized combat operations. ”

    This is typical of the vast majority of military members who you have been insulting by urging them to mutiny over the birther issue. They are critically aware of the role of the military (which is to protect the country , by the way) and would never interfere with the civilian political side nor bring good order and discipline crashing down the way this case is proposing. None of the principles in this blog would ever demand such a course no matter what the stakes.

    So bring on the “Lock and Loaded” metaphors. I doubt that you have the firepower to contest and you certainly don’t have access to the weapons present here including a complete knowledge of the Constitution.

  9. Stephanie says:

    To:ObamaRelease YourRecords when you said:

    “You want to talk about ethics? You should be directing your ignorance towards that scumbag usurper that is fighting the release of ALL his past records. By reading your writings about LTC Lakin I take it that is impossible.’

    I agree with you. Most of the legal experts here are not blind they just do not want to see that Obama is not
    a Constitutional President. So they take for granted he is because he was elected. They probably took an oath to the Constitution but for their own merits they follow their leader without any doubt, so the Constitution means nothing to them on this issue.

    But millions of Americans including active members of the Military are aware of the Constitutional Crisis and
    they placed their faith in LTC Lakin so he is not alone. If he is found guilty and go to jail ,will not stay there long, he will get pardon on Janary 20,2013 and in 2016 could be elected a real Commander in Chief.

  10. BigGuy says:

    @Stephanie — “Most of the legal experts here are not blind they just do not want to see that Obama is not a Constitutional President. ”
    __

    Apparently you haven’t been reading much of the discussion here. The legal experts have not been opining on whether the President is Constitutionally eligible to hold office.They have been talking about the Lakin case, and their conclusion — rather unanimously among the experts, I might add — agrees with that of Judge Lind.

    Did you read what she said?

    “Any suggestion by the defense that the authority of military officers to issue any lawful orders ceases to exist if a serving President is found to be unqualified by the Constitution to hold office is an erroneous view of the law. Similarly, any suggestion by the defense that if a President is found to be unqualified by the Constitution to hold office, service-members have no duty to follow any orders issued by their military superiors is equally erroneous.”

    There’s the problem. You can argue up and down about the Commander in Chief’s ineligibility, but it has no relevance under the law to the question of whether LTC Lakin is guilty or innocent. This is based on the application of age-old legal principles; it’s not something that was suddenly invented to protect President Obama.

    No matter how strongly you try to argue ineligibility, you are wasting your breath until such time as you can overcome the legal principles that render it irrelevant to this criminal case.

  11. SueDB says:

    The Title 10 explanation is one of these nice gems, where it is distilled down so even a brifer could understand…but apparently not??
    Thank you Mikeyes, Viking, and Big Guy… Your comments are spot on.

  12. SueDB says:

    ORYR,

    Question – How do you lock and load a knife?

  13. Stephanie says:

    http://www.ssa.gov/OP_Home/comp2/A02-TOC.html
    TABLE OF CONTENTS

    VOLUME II
    SOCIAL SECURITY ACT
    Code of Federal Regulations, Title 21, §310.6
    Code of Federal Regulations, Title 42
    Federal Rules of Civil Procedure; 28 U.S. Code Appendix
    Title 3 U.S. Code The President
    Title 5 U.S. Code Government Organization and Employees
    Title 10 U.S. Code Armed Forces

    —————————–
    SEE BEFORE TITLE 10 COMES TITLE 3
    Title 3 United States Code
    The President
    * * * * * * *

    Chapter 2-Office And Compensation Of President
    * * * * * * *

    §105. Assistance and services for the President

    (a)(1) Subject to the provisons[1] of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the White House Office without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe.

    $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

    BUT ABOVE SOCIAL SECURITY ACT AND ALL TITLES ,USED TO BE THE CONSTITUTION.

    No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

    In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

    The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

    Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

    Section 2.

    The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

    —————————

    Understand? Entender? Comprendre ? Capisca? Compreenda? Verstehen Sie?
    $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

  14. VIking says:

    Er, no entiende.

  15. SueDB says:

    And your point???

    Besides, President Obama IS the lawfully elected President of the United States – Dick Cheney even said so. You believe old Dicker don’t you???

    You notice George W. got the hell out of town fast after the election.

  16. mikeyes says:

    Stephanie,

    Federal Laws don’t have precedence according to their number.

    Article II, Section 8 gives Congress the ability “To make Rules for the Government and Regulation of the land and naval Forces; ” and “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ” As a result, LTC Lakin is subject to the UCMJ and Title 10 (plus others) and the eligibility of the person in the Presidency is moot. The Constitution gives Congress the right and duty to regulate the armed forces. As a result, uniformed members of the military don’t have the same rights that civilians enjoy. (In turn, they are given extraordinary powers.)

    LTC Lakin, for reasons already described has no duty and no right to disobey legal orders no matter what his personal beliefs are – even if they are true. The only issue in this case is whether or not he disobeyed orders.

    Every officer and every enlisted man/woman knows this. Every time you go to a school, you are told this. An illegal order is one that tells you to commit a crime. Getting on a plane or talking to your commanding officer is not a crime.

    The Constitution is not something you can cherry pick to make a point, it is the law of the land. In it are clear cut remedies and instructions on how to deal with the country. In the case of the military and any office including military office, Congress has the last word. They determine who has authority, not the president, and they determine the conduct of military members especially the officers. every officer has to be authorized by Congress unless Congress hands that job off. In the case of the military they regulate via the UCMJ.

    I am not a lawyer but am a retired military physician. I know exactly what LTC Lakin was supposed to do if he had doubts about the President’s eligibility – resign. He is not supposed to dishonor his commission or abandoned his duty to his country and his fellow soldiers. The penalty for this is clear and he will have to pay for it. Had he done the right thing, he would be able to continue in his beliefs and perhaps done something positive with them. As it is he is just a hair’s breadth away from the treasonous act of advocating mutiny in the military (which I suspect is unconstitutional, Article III, section 3, “adhering to their Enemies, giving them Aid and Comfort.”)

  17. Stephanie says:

    BigGuy 10.10.10 at 08:47 said

    “Apparently you haven’t been reading much of the discussion here. The legal experts have not been opining on whether the President is Constitutionally eligible to hold office.They have been talking about the Lakin case, and their conclusion — rather unanimously among the experts, I might add — agrees with that of Judge Lind. ”

    See above at the beginning of this message

    “I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other advertising attaches itself to his photo over at WorldNetDaily (hover mouse anywhere over the photo at WND for maximum advertising effect). Nonetheless, I think this image, as much as any other, points out how this honorable, but confused, soldier has become the tool of [select a name].”

    LTC Lakin is not confused, people here under Title 3 ( $$ ) are ignoring the oath a soldier took with the excuse of Title10. If we take for granted that Wednesday comes after Tuesday, or before Monday comes Sunday, why they can not see The Constitution is above
    and before any Act. Law or Code ? Try to show that LTC Lakin backers are for the money either at WorldNetDaily or where the $$$ is at http://www.safeguardourconstitution.com/ or any other group ,do not understand and never will that LTC Lakin is a patriot to be compare with our founders fathers. And as a result , when the mass media wakes up, or the Kool-Aid drinkers run out of the red refreshment LTC Lakin will be in the history books as one of the greatest and brave military men in the century XXI.

  18. Stephanie says:

    Mikeyes 10.10.10 at 14:38 said:

    ” I am not a lawyer but am a retired military physician. I know exactly what LTC Lakin was supposed to do if he had doubts about the President’s eligibility – resign. He is not supposed to dishonor his commission or abandoned his duty to his country and his fellow soldiers.”

    Video from December 1, 2009 at West Point at 10.20

    http://www.c-spanarchives.org/program/ID/216092

    00:10:20
    Obama, Barack – President, [D] United States
    This review is now complete. And as Commander-in-Chief, I have determined that it is in our vital national interest to send an additional 30,000 U.S troops to Afghanistan
    ——————
    Thanks for your information, that was what General John Singlaub did when Carter was the president. But it’s not the case with LTC Lakin, when could he resign ? The president spoke on Dec. 1, 2009 and his orders came after that.? If he resign before that time or had a contract with the Army active, he was not able to do it anyway, how his Constitutional question based on a single long birth certificate be answer to the oath he took?

  19. mikeyes says:

    Stephanie,

    There is no proof that the extra 30,000 troops include LTC Lakin. Under the previous order by President Bush, rotations to Afghanistan are routine including the rotation of LTC Lakin. If you can show that the Obama order includes LTC Lakin specifically, I’d like to see it. Nonetheless, it was his turn to go no matter what the reason. In that case he was chosen by a COL in AMEDD whose job it is to detail physicians to their next duty station. This COL is authorized under Title 10 to do so. (See Hondo’s remarks above.)

    LTC Lakin’s contract was up a long time ago. In the Medical Corps the last date that anyone has to be there due to contract is around 15 years and that in extraordinary circumstances.. After that the decision to resign can occur at any time. Even if he owed time, he could have used self-control and held out until he was able to resign. GEN Singlaub did the right thing and made his point. “Duty, Honor, Country” is the motto of West Point and by extension all officers in the military. Including Medical Officers who generally have a lot of leeway.

    You have never been in the service, have you?

  20. Stephanie says:

    Mikeyes

    Thanks again for your words. No I have not been in the service, I’m an old lady who is a naturalized citizen. Just lost my freedom once.

    Please read http://standupamericaus.com/ which I do understand their position and LTC Lakin.

    The Veterans Call to Action

    1. Veterans must continue to unify at the Veterans Council of the US Patriots Union and engage in ongoing efforts to support LTC Lakin, among numerous other veteran related initiatives under way at the Council.

    2. Veterans must work together from inside the council to provide pressure from within the military system, calling upon the UCMJ to provide LTC Lakin with a legitimate trial complete with mitigating discovery and evidence supporting his charges against the Chain of Command.

    3. Civilian patriots must join in the battle for truth at the US Patriots Union and work with fellow patriots in support of LTC Lakin and many other strategic initiatives.

    4. A special defense fund for Lakin will be established by Maj. Gen. Paul Vallely, honorary Chairman of the USPU Veterans Council. 100% of the funds will be given directly to LTC Lakin and his family to cover any and all related expenses. NO funds will be used for any other purpose. Information concerning donations will be released shortly. USPU cannot in good conscience recommend donating to any other organization on behalf of Lakin at present. Further announcements are forthcoming.

    5. All patriots must call upon their members of congress, in particular the signers of the Pledge to America, Tea Party candidates running on “change” and TV/radio talking heads who claim to be “constitutionalists” -to take a stand with LTC Lakin in his efforts to reach the truth on the most vital question in America today – Does our Constitution stand in full force and effect, and is the current Military chain of command “legal.”

    LTC Lakin has taken a principled stand for every American citizen who believes that the current Commander-in-Chief holds that office illegally. The Veterans Council has stated its position on the matter in the preceding White Papers and stands firmly with LTC Lakin in his quest for truth.

    The authority to convene a courts-martial itself is without legal authority when the chain of command is broken at the top. This is true for any soldier who has been court-martialed under Barack Hussein Obama, or ordered to deploy by Barack Hussein Obama, until all reasonable doubt concerning Obama’s eligibility can be removed by way of fact and evidence.

    This entire matter amounts to a national security crisis beyond monumental proportions, which is why everyone up the chain of command to the White House hopes to keep this case from ever reaching an honest unfettered discovery phase. It is up to every American patriot to stand tall with LTC Lakin and demand that Lakin get his day in court, complete with mitigating discovery and evidence, no matter the outcome for Barack Hussein Obama. The nation cannot continue to function with increasing concerns about the legality and authority of military command.

    On behalf of LTC Lakin and his family, we hereby call upon ALL patriotic citizens to take the specific actions suggested in this statement and unify with veteran leadership in defense of LTC Lakin and the US Constitution.

    Unify with us immediately!

    The Veterans Council of the United States Patriots Union

    ADDITIONAL STRATEGY INFORMATION WILL BE MADE AVAILABLE TO ALL MEMBERS OF THE VETERANS COUNCIL INSIDE THE U.S. PATRIOTS UNION FOLLOWING THE PUBLIC RELEASE OF THIS STATEMENT.

    Maj. Gen. Paul Vallely (Ret.) of the USPU Veterans Council can be reached at: standupamericaceo@gmail.com for further comment.

    Questions concerning the US Patriots Union can be directed here: USPU

    JB Williams & Timothy Harrington on behalf of:

    The Veterans Council

    The United States Patriots Union, LLC

    Sheridan, Wyoming

    Researched and Reviewed By

    The United States Bar Association

  21. The Law Office of Philip D. Cave Viking says:

    Drivel! That’s the best that can be attributed to the USPU commentary above.

    Unfortunately their acronym has already lead to an interesting pronunciation from some commentators elsewhere: phonetically “you spew.” I have in fact read all four of their White Papers in which they advance several theories of little or no merit for LTC Lakin’s defense.

    Sorry, but that’s my legal opinion of their legal opinion.

  22. The Law Office of Philip D. Cave Viking says:

    OBTW, there is no United States Bar Association qua bar association.

  23. yguy says:

    Let’s assume that LTC Lakin has taken a wrong-headed but principled stance on the presidential eligibility. Let’s accept LTC Lakin is an honorable man albeit misguided. I wonder if he really understands what he has done in allowing the hatred and grossly disrespectful language to be made in his name.

    Specifically what such language does Lakin have the ability to disallow?

  24. The Law Office of Philip D. Cave Viking says:

    At this point he can’t can he. That’s part of his problem.

    He’s pending trial so there’s not much he can say. I doubt his new counsel would go along with a public mea culpa yet. But I think a statement from him might go a long way. A public rejection of statements actually or impliedly made in his name?

  25. SueDB says:

    Steph,

    I am not a lawyer either, but I have an education. I have been in the military (20 yr retired). You really should rethink your position. And yes, I support both gay and non-gay soldiers as anything less by an American Citizen natural or naturalized.

    While that has nothing to do with LTC Lakin, it has everything to do with justice and law in America. LTC Lakin is just another incident of someone being tremendously stupid. Remember, it was his job by law to obey the lawful orders regardless of source.
    the military judge declared those orders lawful – no court in America is going to change that due to precedence. Look up a case called US vs Michael New. This case reinforced the power of the Military Judge, Judge Lind . Judge Lind IS following the rules.

    You also need to look up the De Facto Office Doctrine – http://scottsdale.injuryboard.com/automobile-accidents/judicial-officers-are-subject-to-the-de-facto-officer-doctrine-and-failure-to-object-to-the-appointment-of-a-judge-pro-tempore-is-a-procedural-defect-that-can-be-waived.aspx?googleid=218558

    one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised . . . . under color of a known election or appointment [that would otherwise be] void by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public.

    The de facto officer doctrine was developed to protect the public from the chaos and uncertainty that would ensue if actions taken by individuals apparently occupying government offices could later be invalidated by exposing defects in the officials’ titles. The doctrine has generally been applied to individuals who are in possession of an office, are performing the duties of the office, and who maintain an appearance of right to the office.
    Nice explanation including the fact that the various courts of appeal and supreme courts all fall into line. This is called established American Case Law.

    PLEASE do some research. Do yourself a favor and get off the Birther sites and get some FACTUAL knowledge before coming back as everything you have posted has been debunked heavily before. Steph – your cut and paste is not new, nor is it applicable since Judge Lind ruled that it wasn’t. Yes, there is an appeal before the next higher court, but everyone who knows about military law knows the outcome already.

    Are you not a witch too??? sorry…couldn’t resist…

  26. SueDB says:

    The United States Bar Association
    Who???

  27. The Law Office of Philip D. Cave Viking says:

    SueDB:

    Yes, this is a group that appears to be associated with the USPU. They’ve been issuing legal “opinions” about LTC Lakin’s case. We can’t find any indication that the USBA has lawyer members.

  28. Martin P says:

    This whole thing reminds me of the day at elementary school when some mean kids persuaded a retarded guy to eat dog poo. They keep talking about Lakin’s great sacrifice. Do they think only military people are supposed to make sacrifices? How come only one guy is supposed to pay the full price? I don’t see any of the birther bloggers sacrificing anything.

    The vast majority of people raving about how they are “supporting” Lakin, (such as Farrah at WND) are actually making money off him.

  29. yguy says:

    At this point he can’t can he. That’s part of his problem.

    How is that part of his problem?

    He’s pending trial so there’s not much he can say. I doubt his new counsel would go along with a public mea culpa yet.

    Since you stipulated arguendo that his motives are honorable, how would he be culpable for the words of others, seeing he does not come across as a compelling personality, and the tenor of his own utterances is about as incendiary as a bowl of soggy cornflakes?

  30. The Law Office of Philip D. Cave Viking says:

    I said: On this however I doubt LTC Lakin has any specific fault. He’s likely being taken advantage of.

    I don’t think he’s legally culpable. Morally, a different answer. He’s created or helped create these conditions.

    I agree he appears to be (milque) toast.

  31. SueDB says:

    Just hit that National Bank of Birthistan…errr PayPal button. I wonder where this money is REALLY going???

  32. SueDB says:

    Thanks Viking…I haven’t been able to find any reputable lawyers who have any dealings with them.

  33. Greg says:

    Since the Lakin case began, I have never understood how Lakin could reconcile the fact that every other soldier in the U.S. military goes about obeying orders every day – whereas Lakin will not. Logically, if Lakin’s actions are as principled as he professes them to be, then every solder should disobey orders – or at least – disobey deployment orders to Afghanistan.

    I now believe that I have had an insight into Lakin’s thinking. Recall that Lakin is demanding to inspect Obama’s “long form” birth certificate – and to achieve this goal, Lakin it trying to use his power of discovery (as a defendant) to investigate the circumstances of the President’s birth. I now believe that using discovery in this way was actually a fallback plan for Lakin – Lakin had probably thought that he would obtain the information he demanded in another way.

    In particular, I believe that Lakin thought that his value (as a physician) to the Army was so great, and his service in Afghanistan was so desperately needed, that the Army – once it determined that Lakin would not obey any deployment order (and the Army tried three times), that the Army’s top brass (and presumably the U.S. government) would “cave in”, and accede to Lakin’s requests. In other words, Lakin felt that that he could use the fact that he is a physician – as leverage with the Army to obtain – pretty much whatever he wanted.

    As further evidence to support my theory, recall that a few months ago Lakin sharply disputed his (revised) Officer Evaluation Report (OER) – which is rather an odd focus for someone facing dismissal and even confinement. But the OER essentially recast Lakin’s job performance (which up to last March – had apparently been stellar) in a new light. And once the OER essentially stated that Lakin’s refusal to obey orders made his services effectively worth nothing to the Army, Lakin’s entire calculus fell apart. So no wonder Lakin was apparently more upset with his derogatory OER, than he was concerned with his impending Court Martial..

  34. The Law Office of Philip D. Cave Viking says:

    An interesting observation.
    This is something that happens when a senior officer is retirement eligible but doesn’t like the assignments available or offered. It’s a sort of, “well if you don’t give me an assignment to X, I’ll retire.” And the answer is, “what date would you like to retire.”

  35. SueDB says:

    And the answer is, “what date would you like to retire.”.

    I firmly believe (with tongue in cheek) that the US Army watches for the 19 year and 6 months mark to send you orders off of the “Really Crappy Assignment” list. At 19 yrs, 6mo, you can elect to retire or go. Fortunately, they do wait until 19/6 to send these “invitations” out.

  36. The Law Office of Philip D. Cave Viking says:

    Sue, yes, that’s a way to clear out deadwood. I know of several colleagues who had that happen. And one of them actually folded and stayed rather than fold his tent. Caught everyone by surprise.

  37. SueDB says:

    Sorry, but I didn’t feel like deadwood. I made E-8 1Sgt at 17 years…in a very tough medical field and was selected to the SGM Course non-resident 1st time considered.
    They wanted to send me to a place where only the young, dumb, and full of … go. My wife wasn’t too thrilled about it. No problem though, 20 was enough.

  38. Northland10 says:

    The posters such as Stephanie keep bringing up the “surge” announced in December 2009 without listing to what others such as mikeyes have stated, that the orders are not direct from the President. As support for mikeyes and others, Time magazine, in October 2009 mentioned the increasing of support troops, including medical, that the Pentegon had ordered since the full amount authorized by President Bush were not yet there. Newsweek also recently had an article in September 2010 that discussed Gates decision to increase medical support.

    The Pentagon’s reliance on an army of logistical and other support forces was made clear Tuesday, when the Washington Post reported that the 21,000 combat troops ordered to Afghanistan by Obama would be accompanied by an additional 13,000 so-called “enablers.” While that doesn’t change the current authorized U.S. force level of 68,000, it did reveal, according to the White House, that not all of the support troops ordered to Afghanistan by President Bush had arrived by the time he left office. Such forces can literally be lifesavers. Before this year, there were so few rescue helicopters in Afghanistan that it averaged two hours to get wounded troops to medical care — double the desired “golden hour.” “We had not had a double amputee survive those wounds in Afghanistan until this kind of additional air power came along,” Gates noted recently. “Now they are being saved.”

    Read more: http://www.time.com/time/nation/article/0,8599,1930097,00.html#ixzz12Kd0arnt

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