According to this Politico report, “Lakin will be assigned to duty at Walter Reed Medical Center in Washington, pending an investigation into whether he violated two provisions of the Uniformed [sic] Code of Military Justice, said Army spokesman George Wright: missing the movement of a unit and violating an order.”

23 Responses to “LTC Lakin under investigation for missing movement and violating an order”

  1. John O'Connor says:

    Well, hopefully this investigation will finally get to the bottom of whether President Obama has a valid Hawaii birth certificate.

    I’m just kidding, this ought to be one heckuva short investigation. “Is Lakin there? No, okay, thanks.”

  2. Christopher Mathews says:

    I suspect the “investigation” is an Article 32 inquiry.

  3. any mouse says:

    In another article it said they seized his work computer. I’m sure you’ve all seen it before, when an investigation is done for something pretty minor and then a search of the computer reveals adultery or child porn. It will be awesome if that happens in this case.

  4. NivenFan says:

    Perhaps they’re just looking to see if his work computer reveals contemptuous words against the President.

  5. JimmyMac says:

    ….or a copy of the “alleged” birth certificate – long form!

  6. Phil Cave says:

    Perhaps its government property, and like any organizational item issued to a service-member, the government wants it back and accounted for. Some supply sergeant is possibly on the hook for it. Perhaps it’s that simple.

  7. NivenFan says:

    Good point; that is probably the extent of it.

    For those who understand the charges better than I do, why they did not mention “willfully disobeying superior officer”.

  8. Phil Cave says:

    Niven (David?) Fan,
    It depends on what he was told in connection with his orders. They may have an “ultimate offense” issue with a disobedience charge, maybe not.

  9. NivenFan says:

    I think I understand. Do you think that the Army will try to avoid charging him with more serious offenses? I note that some articles carry far more severe penalties during wartime.

    My apologies for what may be obvious questions; I’ve never been in the service.

    (Larry) NivenFan

  10. Anonymous says:

    I wonder why LTC Lakin is not in PTC. If I read his statements and the RCM correctly, he stated he would refuse all military orders until the POTUS proved his eligibility to serve. An accused is ORDERED to appear before a Court Martial. Pursuant to RCM 305 PTC is appropriate where (1) an offense triable by court martial has been committed, (2) the accused committed the offense, and (3) it appears that the accused will not appear for trial.

    Logically, if LTC Lakin has any defense whatsoever to this crime he MUST refuse ALL orders, not just those that are inconvenient/not fun, etc. Which means he must immediately commence a period of UA and refuse every order given to him by military authority. Of course, applying logic to this situation might not be the best idea…

  11. Snuffy says:

    It will be a commander’s inquiry (RCM 303) or a 15-6. No charges filed yet so not a 32.

  12. Snuffy says:

    Logic Ha!
    Is the guy a flight risk or danger to the community? If not- how to you justify PTC? Sure he is a whack job, but that aint enuff.

  13. Dwight Sullivan says:

    As counterintuitive as it might seem, we aren’t in wartime for purposes of military justice sentencing.

    Any UCMJ offense committed by a commissioned officer carries the potential for a dismissal (basically equivalent to a dishonorable discharge) at a general court-martial. Missing movement by design also carries the possibility of two years of confinement. Violation of a lawful order carries the possibility of another six months of confinement.

  14. Nancy Truax says:

    He does appear to want to have the cake that he’s eating… did he show up at the Pentagon to avoid a UA charge or desertion with intent to shirk charge?

  15. Bridget says:

    Don’t know, but perhaps there should be a 706 on the horizon. Why else would on *&% away a decade and an half of service so stupidly? Makes me wonder who this guy has been consulting.

  16. Phil Cave says:

    Bridget, the birthers are already saying that the “threat” to do a 706 is another way to humiliate, threaten, and coerce LTC Lakin.
    Based on his statements and a review of the video’s he’s released of his own accord, it seems clear to me that he is mentally competent at the time of the offense and to stand trial.
    Whether he’s exercised good judgement is another matter.
    He has been consulting people and lawyers who, to my knowledge, do not have any military legal experience. A Mr. Apuzzo appears to be the most prominent, along with the Hemmenway (sp) people.

  17. Cheap Seats says:

    Wonder if the Army is going to fly him to his unit like SPC Hall? Seems appropriate, does it not?

  18. Christopher Mathews says:

    Snuffy, the stories I’ve read talk about an investigation as though it has not yet begun, which would be expected if charges have not yet been preferred.

    An Article 32 is required, unless waived, prior to referral to a GCM. Frankly, I don’t see a lot that needs to be resolved that would call for a discretionary inquiry.

  19. Anonymous says:

    Snuffy,

    I agree he is probably not a flight risk. As CDR Truax points out, he wants to have his cake look pretty and eat it too. My point was that if he is serious about disobeying any orders, he is a flight risk, because the order to show up would be presumptively unlawful under his logic.

    Also, the second prong is not “danger to the community” but rather “further serious misconduct” which includes conduct to the detriment to the safety of the community OR the effectiveness discipline morale or readiness of the command, and as a DC I have seen all too often a command claim that the drug abuse of PVT Smith is such a detriment to the morale of the others that he needs to stay in PTC, and the magistrate buys it. How much more so for a LTC, field grade officer, who has said “I will not follow any more orders until the POTUS shows me his BC.”

    There are likely thousands of other troops who would like to stay home from the next deployment. I could make a strong argument that the LTC’s actions affect their morale, etc.

    Obviously, I am not the SJA or the CA here, but damn it would make me feel good to see this clown in the brig. Of course, not being either above named entity I have the luxury of expressing my baser desires, particularly in an anonymous forum.

  20. Anonymous says:

    I love it.

  21. Anon says:

    I wonder if they will deploy him and then try the case overseas. Classic.

  22. Snuffy says:

    Lets hear it for anonymity and base desires. AS long as he shows up for work- or his quarters if arrested- you are gonna have nuthin but isues if you go for PTC. He is clearly selectively following orders other than to deploy or travel. As long as he is not being disorderly nor in charge of soldiers- let him be the whack job he wants to be.
    Proceed to trial with all deliberate speed and send him to Kansas with a year’s paid vacation.

    BTW- I love the birther quote about risking making a martyr out of him by subjecting him to punishment at at trial.

  23. Rickey says:

    Phil,

    Mario Apuzzo is a New Jersey DUI/personal injury attorney who now fancies himself a Constitutional lawyer. He is representing a plaintiff in a birther lawsuit, Kerchner v. Obama, which has been dismissed and is on appeal.

    Margaret Hemenway, Lakin’s spokesperson, is the daughter-in-law of John Hemenway. John Hemenway is a birther attorney who was reprimanded by the judge for a Rule 11 violation in another dismissed lawsuit, Hollister v. Soetoro.