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Here is a new piece of information from wing nut daily:

Lieutenant Colonel Terrence Lakin, a distinguished Army flight surgeon, is "certain" to be convicted of disobeying orders, according to his lawyer, Neil Puckett.

Notice he does not apparently address the missing movement.  Maybe the “specific” movement issue is a winner?  See below.

A thought as we get closer to trial.  As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind.  Some of that criticism has been harsh and excessive.  Other than a statement from LTC Lakin’s lawyer that the judge was right, there has been no public disavowel from LTC Lakin.  I don’t know he required to do so, except in an effort to get clemency.  But . . . .

Will the new defense counsel voir dire the military judge and challenge her or ask her to recuse herself?  If this is to be a members trial, then I think she can clearly say the right words in response to a voir dire and not recuse herself and not to have been found in error on appeal.  But, what if LTC Lakin elects a judge alone trial?  Maybe that’s different (unless it is part of a PTA)?  Implied bias can be a reason to challenge a military judge just as much as members.  Remember the Marine case from some years ago, where the SJA got heavily involved in trying to remove the MJ because of her alleged relationship with the defense counsel.

As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows.  Apparently being the focus of a skit on SNL adds merit.

LTC Lakin’s brother Greg is a lawyer as well as a doctor.  There is an interesting comment:

Greg stated that he has not received any response to his letters and is concerned the Army will simply take the easy way out by avoiding the issue and simply lock up his brother. He said based on his experience as a prosecutor in situations like this where there is no case law, “Judges go in with a pre-determined idea how they are going to decide it and take case law and policy statements to say whatever they want. There is no magic law that supports either position.”

Norbrook has a good piece here on Blue Wave News about Conscience and Duty.  Worth a read.

And TPMMuckraker has this piece.

In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched "Terry Lakin Action Week," and invoked Nuremberg to argue Lakin’s case[.]

The APF has launched it’s new campaign – Terry Lakin Action Week — to persuade members of Congress to get involved in establishing a new concept, that military officers may refuse duty at their whim.

With Congress back for the "lame duck" session we are urging Terry’s advocates to make calls to Capitol Hill- and to newly elected Members of Congress- during the week of Nov 15-19 to urge them to speak up for LTC Lakin and to provide feedback on the response to those calls. Remember that the U.S. Congress works for you- and that Members have a certain obligation to respond to constituent inquiries- but please be polite and respectful in advancing your point of view.

This is a reminder that LTC Lakin has not yet made some statement refuting his belief about the President’s eligibility or the birther movement.  That would not be completely expected at this point and I would anticipate his counsel have told him not to make any more public statements.