UPDATE BELOW] Via (Pro-Obama?) NIMJ; At today's court-martial session, the defense and trial counsel argued a number of motions. The defense first argued that the military judge should abate the court-martial until the Army Court of Criminal Appeals rules on a writ petition the defense inexplicably ("for reasons I can't get into right now," according to a defense counsel) filed just yesterday, in response to the military judge's ruling on September 2. The defense also attempted to convince the military judge that several prospective witnesses who were the subject of prosecution motions in limine were relevant to the defense case. These witnesses included former presidential candidate Alan Keyes and a retired Air Force general. The defense sought to qualify these gentlemen as experts in the areas of constitutional history and military training regarding the chain of command and obedience to orders, respectively.
The trial counsel argued that bringing evidence of motivation for refusal to follow the orders was irrelevant and should be excluded, citing a previous anthrax shot refusal case in which the military judge did just that. (I'm not sure which case it was, but the case of another military doctor--Air Force Captain John Buck--comes to mind.)
The military judge responded by determining that the orders (Specifications 1-3 of Charge II) given LTC Lakin were lawful. She continued by taking judicial notice of an Army regulation regarding orders and ruling that the witnesses who were the subject of the government motion in limine were precluded from testifying as experts, although they could end up testifying in sentencing if the case proceeds that far. Furthermore, the military judge granted the prosecution motions to prevent the defense from raising irrelevant issues regarding President Obama's eligibility to serve as the commander-in-chief and LTC Lakin's motivation for disobeying the deployment orders during the findings phase of the trial. Again, the motivation might become relevant in sentencing.
Hearing this, the civilian defense counsel remarked that this gutted the defense case, and he had to put on some sort of defense. Apparently, LTC Lakin is chomping at the bit to testify in his own defense, so that might be the sum total of the defense case after today's rulings.
The court-martial is set to resume at Ft. Meade on November 4. Stay tuned for more on this saga.
Full report here; http://www.nimjblog.org/2010/09/ltc-lakin-court-martial-update-judge.html
I will update this post when more details are released...
UPDATE: Via WND; - Army judge tells officer: Shut up and be punished! - Defense counsel warns 'fair trial' impossible under military rulings - By Brian Fitzpatrick
The rulings came today from Col. Denise Lind, who in so many words told Lt. Col. Terrence Lakin to pound sand. Rocks actually. He faces up to four years at hard labor if convicted in his case.
"We got absolutely slammed today," said Paul R. Jensen, lead counsel for the defense. "It's impossible for us to have a fair trial under these rulings."
Jensen continued, "The judge did what she thought was right, but the result is to deprive us of any opportunity to have a defense."
Lakin believes any order issued under Obama's authority as commander in chief of the armed forces may not be valid because his eligibility to serve as president is unproven. After fruitlessly requesting the Army to verify Obama's eligibility to serve as president, Lakin wrote directly to Obama asking for proof of eligibility.
But without a response, Lakin decided it was his duty to refuse an order to deploy with his unit as part of Obama's Afghanistan surge. As one of the defense briefs states, he "... [took] the distasteful route of inviting his own court martial."
Note: A legal-defense fund has been set up for Lt. Col. Terry Lakin. Click here for information.
In her decision, Lind, acting as judge in the case, censored the last remaining arguments Lakin planned to make in his defense: motive and duty. Lakin had intended to explain his motive for disobeying the order and contend that it was his duty as a good soldier to disobey orders that he believes to be illegal.
The defense also planned to call as witnesses Ambassador Alan Keyes and retired Air Force Lt. Gen. Thomas McInerney. Keyes was to explain the constitutional issues involved in the case, and McInerney was to talk about the training soldiers receive regarding when they should question and even disobey orders.
Lind was following up on her rulings from Sept. 2, when she rejected defense plans to introduce evidence concerning Obama's eligibility. The defense also requested for Lakin's defense documents referencing Obama's birth records on file in Hawaii, but Lind refused to allow that either, noting that providing the documents might prove "embarrassing" to Obama.
"Our arms were cut off last time," said Jensen. "Our legs are being cut off this time." ...continued here; http://www.wnd.com/index.php?fa=PAGE.view&pageId=209357
Previous reports on LTC Terry Lakin can be found here. Visit the Birther Vault for the long list of evidence and people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].
Lieutenant General Thomas McInerney's Affidavit Supporting Lt. Col. Terry Lakin - 8/19/2010
United States v LTC Terry Lakin - Ruling on Motions(Discovery) – September 2, 2010
Courts Martial of LTC Terrence Lakin - White Paper 3 - Staying the Course - 9/27/2010
Irrefutable Proof that Obama is Not Eligible to be President of the United States, the Facts Don't Lie!
Obama Ineligible - I tried and lied but it won't go away! Wash Times Natl Wkly 2010-09-27 pg 5
Tuesday, September 28, 2010
Obama Release Your Records on 3:11 PM |