Earlier this week, I wrote a post in which I opined that assuming LTC Lakin is both sincere and intelligent (which I do), “then it seems to me one of two things must be true: (1) he thinks that his court-martial will compel the release of some or all of the documents concerning President Obama that LTC Lakin would like to see; or (2) he knows there isn’t any realistic chance that he’ll obtain the documents he seeks and he wants to martyr himself for his cause . . . .”
It occurred to me this morning that there’s at least one additional possibility: LTC Lakin assumed the Army would back down.
Remember the case of MAJ Stefan Frederick Cook, the Army Special Forces Reservist who challenged President Obama’s eligibility? (MAJ Cook was represented by Orly Taitz.) When his gaining command in Afghanistan heard what he was up to, the gaining command essentially said, “We don’t want him anymore,” which had the effect of mooting the case. Following the revocation of Cook’s orders, Judge Clay Land of the United States District Court for the Middle District of Georgia dismissed Cook’s suit on 16 July 2009 because it no longer met Article III’s “cases and controversies” requirement. (Of course, Judge Land would have a later encounter with Orly Taitz in the case of Rhodes v. MacDonald. See, e.g., Rhodes v. MacDonald, 670 F. Supp. 2d 1363 (M.D. Ga. 2009) (imposing sanctions on Ms. Taitz), aff’d, No. 09-15418 (11th Cir. Mar. 15, 2010).)
Following the Cook case’s dismissal, some of the birthers argued that the Obama Administration had arranged the orders’ cancellation because it was so afraid of the suit. At the time, I thought it was mere posturing. But maybe they–or at least some birthers–actually believe it. Maybe LTC Lakin assumed that the Obama Administration would be so afraid of the prospect of discovery that it wouldn’t dare actually let the Army court-martial him. I’m not suggesting that’s what LTC Lakin actually thought. But it is a possibility. So I was overly narrow in my previous post when I suggested that a sincere and intelligent LTC Lakin could believe only one of two things. A third thing he could believe is that he would never actually be court-martialed. But if so, I think he’s wrong.