And now for the political question doctrine. See fn. 2., I believe at one point Mr. Jensen was complaining that the military judge wasn’t going to apply any “civilian” cases. See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.
And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.
From the conclusions of law:
I posted a tease here, and it didn’t take long for Dwight “My Liege” Sullivan to crack the code. In other words, Judge Lind used the word “embarrassment” in precisely the political question doctrine context (and using almost exactly the same words) as CAAF in New and the Supremes in…
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…
Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President. And the humor you say – – – – Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).
San Diego online reports: Three San Diego Coast Guard boat crew members will face the military version of a preliminary hearing beginning Tuesday for the Dec. 20 crash that killed an 8-year-old Rancho Peñasquitos boy. The top charge, involuntary manslaughter, is against Ramos. Howell and Rasmussen are charged with negligent…
Navy Times reports: The Navy says it’s unlikely to charge the parent who ran over and killed a 2-year-old at Norfolk Naval Station. But NCIS is still investigating. FindLaw Blotter reports: Walking down the drink aisle of the supermarket can be a daunting experience as the number of options seem…
Found at birtherreport.com. LTC Lakin and Mr. Jensen will be on the Barry Farber radio tonight at 2000. Apparently the “embarrsassment” language was intended by the judge to alert Congress that they need to begin impeachment proceedings. Note, it is Article 46, UCMJ, 10 U.S. Code 846.
The spinning has begun, and yes there’s a pun in there, or at least an attempted one. Based on cherry-picked comments from a number of Lakin supporters it appears that all of this is merely the military judge saving the President “embarrassment.” They are grasping at a straw as a…