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.”
Unfortunately for Greg and LTC Lakin there is plenty of case law directly on point. The problem is that it is against LTC Lakin on the “birther” issue and LTC Lakin and his supporters can’t accept that. There may be legal and fact issues with the prosecution proving the charges, but that is completely unrelated to a president’s eligibility for office.
Also, I believe this is a factually inaccurate statement:
Military Judge, Denise Lind, has ruled that Lakin will not be able to present any witnesses or documents for his defense and will not be able to explain his reason for disobeying orders at the court-martial.
He can present as much admissible evidence as he likes under R.C.M. 1001, including witnesses. Judge Lind has not prohibited him from stating his reasons for disobeying orders. United States v. Grill and other cases make it clear that an accused’s unsworn statement is relatively unlimited.