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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.”

Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins.

Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct

Last night’s episode of Jeopardy! featured the category "A Murder Investigation," with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in the category was:

Fox News reports

A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan, Hasan’s defense attorney, told Fox News that he requested the White House intelligence report nearly a year ago, and it is only now that he has officially been told the information will not be available.

Reuters reports:

Lawyers for one of five U.S. soldiers accused of murdering unarmed Afghan civilians for sport petitioned a military appeals court on Thursday to open grisly photographic evidence in the case to public scrutiny.

The writ also sought to have the court in Arlington, Virginia, halt the so-called Article 32 investigative proceedings against the soldier, Private First Class Andrew Holmes, until the U.S. Army Court of Criminal Appeals had ruled on the defense petition.

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. 

Thanks to a jab from RealityCheck.  Let’s parse the current defense information release from LTC Lakin’s defense counsel.

His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer.

I posted a while back about the TMLUTB defense.  I think the two charges referred to above are the harder on which to establish a TMLUTB defense.  I think it would be harder to convince members that the order to report needed the advice of counsel.  But . . . .

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