Court-Martial Trial Practice BlogLtGen McInerney predicats that the Republican Congress will investigate the case if LTC Lakin is convicted.
More at Wild Nut Daily.
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LTC Lakin
There is an increasing disconnect between the “birther” movement and LTC Lakin’s case. Hopefully that “wishy washy” attorney representing him will make that clear when pleading for mercy.
The Post&Email has been following LTC Lakin and most of the other presidential eligibility cases. Recently they ran a piece about some “demonstrations” in Arizona in favor of Congress stepping in to stop the court-martial. A recent comment had this to say which may qualify for a humor in military justice posting.
I very much hope that Miss Taitz is going to attend and somehow convinces LTC Lakin to fire that wishy washy attorney Neal Puckett and let her take over the case. I have listened to Puckett on a couple of radio shows and he is already giving up and saying Lakin will be found guilty. He will not even say that Obama is not eligible. Why Lakin hooked up with this loser I will never know. He must be getting bad advice from Ms Hemenway or Gen. Vallalley.
Behenna and more
In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors:
covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.
As we’ve discussed both types of information must be disclosed.
LTC Lakin
There’s a second part which I’m having a little trouble uploading right now. So, go to the YouTube and it should follow on from there.
Note that in the second part Neal is soliciting funds NOT for Lakin’s defense, but for his life after the military.
LTC Lakin
You will know that Neal Puckett was on the Peter Boyles radio show yesterday. The show continued today with Gen Valleley as the guest. This was (is?) a defense witness whose presence was litigated at the Article 39(a), UCMJ, session.
According to Gen Valleley the court-martial process is corrupt, Military Judge Lind and the generals above her should be court-martialed for allowing the corruption. He describes Military Judge Lind as the “Kangaroo court judge,” in this “kangaroo court.”
Apparently he’s trying to “light a fire” under the current defense team to go full NBC.
MAJ Hasan sitrep
Army Times reports:
The Army psychiatrist charged in last year’s deadly Fort Hood shooting rampage is to have a mental evaluation this week, his attorney said Monday.
Maj. Nidal Hasan will be evaluated in the county jail near the Texas Army post as early as Tuesday by a three-member military mental health panel, said his lead attorney, John Galligan.
Clemency and parole
PTA provisions depriving an appellant of parole and clemency consideration under generally applicable procedures are unenforceable under R.C.M. 705(c)(1)(B). United States v. Tate, 64 M.J. 269, 272 (C.A.A.F. 2007).
Big Pardon news
The big news in the presidential pardons world is that President Obama has finally granted nine pardons. Pardon Power blog reports:
682 days into his presidency, Barack Obama has finally discovered the clemency power by granting 9 pardons.
One of the nine is a military case from 1994 in which the accused was sentenced to 24 months confinement.
LTC Lakin sitrep
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.
LTC Lakin voir dire
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.