LTC Lakin update

safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request.

Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit.  It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be granted.  There is no comment on the general failure of most of the rest of the officer corps in continuing to obey unlawful orders.  They have not posted the request or motion in support of any request.  Once again failing to give full disclosure.

The affidavit appears to also justify the discovery request as a need for public disclosure.  This would be IMHO an abuse of process.  The purpose of discovery in a criminal proceeding is to aid the defense, not to aid public disclosure for disclosures sake.Thomas G McInerney.jpg

The affidavit states that the “military MUST have confidence in the Commander in Chief.”  There is however no evidence to suggest the military doesn’t, merely some individual members.

Paragraph 4., indicates the affiant’s understanding of why LTC Lakin is wrong.

I have requested the PAO make copies of the motions available on the 2d to those wishing to review or have a copy.  That request is “pending” is the best I can say.

In regard to the affiant:

Retired Air Force General Suggests Strip Searching All Young Muslim Men

“We have to use profiling. And I mean be very serious and harsh about the profiling,” said retired Lt. General Tom McInerney of the U.S. Air Force, suggesting that the United States adopt the profiling guidelines of Israel in order to protect ourselves from an airline attack. “If you are an 18 to 28-year-old Muslim man then you should be strip searched,” he said. If we don’t do that, we’re going to lose an airliner, he explained.

SourceWatch reports:

The Pentagon’s military analyst program

In April 2008 documents obtained by New York Times reporter David Barstow revealed that McInerney had been recruited as one of over 75 retired military officers involved in the Pentagon military analyst program. Participants appeared on television and radio news shows as military analysts, and/or penned newspaper op/ed columns. The program was launched in early 2002 by then-Assistant Secretary of Defense for Public Affairs Victoria Clarke. The idea was to recruit "key influentials" to help sell a wary public on "a possible Iraq invasion."

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10 responses to “LTC Lakin update”

  1. I hope this affidavit from a long retired general, Fox news analyst, and war cheerleader is not the best evidence the Lakin team has to put forth. I suspect that it is however.

  2. Phil

    Thanks for the thoughtful analysis of the affidavit of General McInerney (Ret.). It is very interesting that there seems to be no affidavit from an active superior officer, at least as far as we know. Some of the these questions will certainly be answered tomorrow.

  3. yguy/strong>Paragraph 4 of what?

    It must refer to Paragraph 4 of McInerney’s affidavit. However, it is not immediately clear exactly what in Paragraph 4 (which deals with loyalty to the Constitution) is being referenced, unless it is the Constitutional commitment of the eligibility of the President to Congress, and not the courts.

  4. yguy says:

    There is no comment on the general failure of most of the rest of the officer corps in continuing to obey unlawful orders.

    Why should there be?

    The purpose of discovery in a criminal proceeding is to aid the defense, not to aid public disclosure for disclosures sake.

    If it accomplishes both, what’s the problem?

    And what does his advocacy of the adoption of Israeli profiling guidelines have to do with the substance of his arguments in the affidavit?

  5. BigGuy says:

    @yguy: “If it accomplishes both, what’s the problem?”
    ___

    None whatsoever!

    However, since evidence of Presidential eligibility is irrelevant to LTC Lakin’s guilt or innocence, the Defense team may well have difficulty establishing a basis for its admissibility. They didn’t make a very impressive showing in the last round, as I recall — in fact, they were chided for the skimpiness of their arguments.

    But we’ll see how they do tomorrow, won’t we?

  6. yguy says:

    Paragraph 4., indicates the affiant’s understanding of why LTC Lakin is wrong.

    Paragraph 4 of what?

  7. yguy says:

    Any paragraph isolated from its context can be taken as support for pretty much anything. Paragraph 4 of this affidavit, however, cannot by any reasonable stretch be taken as an expression of the affiant’s understanding that the defendant – in support of whose motion the brief was filed, for crying out loud – is wrong.

  8. BigGuy says:

    In case you haven’t heard,

    “FORT MEADE, Md. (AP) ― A military judge in Maryland has refused to order the release of school records that could include a copy of President Barack Obama’s birth certificate.

    The judge ruled Thursday that those records and any other evidence or witnesses pertaining to Obama’s birth are not relevant to the case and will not be admitted.”

    http://wjz.com/wireapnewsmd/Md.judge.denies.2.1892398.html

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

    I was present for this and am in the process of writing a detailed update of what I heard and saw.
    Thanks.

  10. BigGuy says:

    For those still working off this thread, Phil’s update can be found at http://court-martial-ucmj.com/lakin-2/ltc-lakins-defense-crushed-in-detail/

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