Thanks to Judge Mathews the Greatest for noting below the scheduling on the Lakin Article 32.  A letter from COL Roberts scheduling the Article 32 investigation is available here. We now know that LTC Lakin’s detailed defense counsel is MAJ Matthew J. Kemkes.  The IO is identified as LTC Daniel J. Driscoll.  Thanks to Michael Lowrey for confirming that LTC Driscoll is a judge advocate. 

The Article 32 investigation will begin at 0900 on 11 June in Room 134 of Building T-2 at the Walter Reed Army Medical Center.

41 Responses to “LTC Lakin: a couple of players identified (updated)”

  1. Michael Lowrey says:

    Yup, he’s a judge advocate. Reserve officer. Here’s a newspaper article on him: http://www.wickedlocal.com/cohasset/news/x340401221/Lt-Dan-Driscoll-mobilized-to-Walter-Reed

  2. Anonymous says:

    The IO should recommend a sanity board, b/c the good LTC is about to throw away a million dollar retirement.

  3. Mike "No Man" Navarre says:

    WT*? The IO’s credibility is already suspect after seeing that article:

    Driscoll was commissioned as a NFO in 1980.  For the next eight years he was a naval aviator – a backseat F-14 operator. After his eight years of active duty, he joined the Navy reserves and enrolled in law school. 

    “If you want to fly jets the place to do it is the Navy, if you want to be a lawyer the place to do it in the Army,” Driscoll said. 

    –For all the cooment mongers that is a little inter-service rivalry joke.

  4. Thomas F. Hurley says:

    See everyone there. Walter Reed is lovely in June.

    Everyone knows that the Army is the best place for lawyers, except the AF, and the Navy, and the Marine Corps, and the Coast Guard. OK…it’s a good place to be a lawyer…when you consider the alternative. I’ll get back to you on the alternative.

  5. Anon says:

    The consensus I get is AF, Marines (especially their Panels), Navy then Army (I don’t count the coast gaurd – department of homeland security).

    There is surprisingly a good number of pilot-lawyers in the AF and Navy, and here I thought it was just made-for-tv (JAG).

  6. Ama Goste says:

    How is a major a senior member of the JAG Corps?

  7. DC Steve says:

    Well, LTC Lakin will at least have access to good counsel. MAJ Kemkes is as good as they come.

    Now, whether the accused listens to that advice….

  8. Article16 says:

    Yes, they really are a bunch of pilot-lawyers…oh, you meant they fly jets? Sorry.

  9. Anonymous says:

    Well judging by this thread, he can’t possibly be as good as they come because he is Army. ;)

  10. Anonymous says:

    would you prefer senior-ish? Senior-esque?

  11. Ama Goste says:

    No additional modifier needed; the reference to his trial experience is sufficient.

  12. Cloudesley Shovell says:

    There is surprisingly a good number of pilot-lawyers in the AF and Navy, and here I thought it was just made-for-tv (JAG).

    A lawyer who’s also an airplane pilot? Stop it, you’re killing me! Old, mostly dead admirals haunting very scilly places make much better lawyers.

  13. Anonymous says:

    I was joking-ish.

  14. Anon says:

    Do you think if LTC Lakin backed-down and accepted his deployment orders, the command would withdraw the charges?

  15. Anonymous says:

    Maybe. Smartest thing to do would be to apologize profusely and then turn on his civilian attorneys and say they tricked me into thinking this was legitimate.

  16. DC Steve says:

    Ordinarily I might say yes – he could change his tune and get an Art. 15 (if only because we need doctors). However, in this particular case, LTC Lakin has made a habit of shoving his insubordination in the Army’s face. The Army and the CA have a legitimate interest in deterring similar misconduct. And no one should shed a tear for LTC Lakin, who, contemplated this act well in advance, and literally publicized to the world that he “invited his court-martial.”

    As others have pointed out, this case will not result in any of the discovery that he claims to be seeking. Everything he has done has been, by design, to maximize publicity for his cause – not to serve some legitimate end. I see no issue with the Army’s disappointment being brought to bear on someone who, with plenty of time for reflection, is so misguided about what his oath actually means.

    And, whatever the outcome, he still owes something to the guy who deployed in his place, and who probably did so at the last minute.

  17. Phil Cave says:

    MAJ Kemkes is good people.
    He’s the SENIOR defense counsel at Fort Myer.

  18. Phil Cave says:

    Too late probably.
    I’m reliably informed a great deal of effort went into trying to convince him to man-up, admit a mistake, and report for duty.

  19. Omar says:

    SENIOR to whom at Ft Myer?

  20. Shay says:

    Poor Major Kemkes…he is probably asking himself what he ever did to get saddled with this.

  21. Bill C says:

    One other problem he faces is that he will face a panel of senior officers, all of whom have deployed. Some of them may not have voted for POTUS and some may even question his birth nation, but they went anyway. And as DC Steve say, someone else went in his place and left his family behind. My prediction is LTC Lakin gets hammered, and then tries to dime out his DC (Civilian, not military) for pursuing this folly.

  22. Nancy Truax says:

    Bill C — I agree with the first half of your prediction but not the second. The irony is that his Army DAD attorney will have a pretty good ineffective assistance of counsel claim, but his client will probably never let him make. I think he’ll keep Jensen through the entire process.

  23. Sef says:

    Like most “true believers” once a decision has been made it became impossible for him to see any other side. It will probably even be a long time after his conviction before he “sees the light”, if ever. The same is probably true of the others who have gone down this path, such as Fitzpatrick in TN. “Pastor” Manning will be ranting for years to come.

  24. Kinkerman says:

    I think that it is important to note that MAJ Kemkes is a very Senior Counsel and is the consummate. My understanding is that he has a legendary reputation for excellence and this should serve LTC Lakin well. I only hope that he can show the true strength of Outpost 229.

  25. Sef says:

    But will MAJ Kemkes get a chance to properly advise Lakin as this Jensen flack is the primary? Probably like the defendant Kemkes’ best advise to Jensen would be to “remain silent”.

  26. kbob says:

    DCSteve said:”I see no issue with the Army’s disappointment being brought to bear on someone who, with plenty of time for reflection, is so misguided about what his oath actually means.”

    So Steve, what does it actually mean? My interpretation of the oath I took is to the Constitution, not to a person. We are not the Praetorian Guards, nor are we the Schultzstaffel. We owe our allegiance to the nation, not a man.

    The fact, obvious to all but the galactically stupid, is that this presidential office holder has not only failed to provide the same basic documentation that any military officer or enlisted person would have to provide to enter into the service, he has taken active measures to conceal it.

    If Mr Obama were a civilian and he failed to provide his transcripts and other required documentation, he would be shown the door. But his myrmidoms chant the mantra in opposition…”Birther, birther, birther.” If he has nothing to hide, where are the documents that all of us have to produce? Is the President above the law? I think, in a logical – not neccesarily in a legal – setting, LTC Lakin scores. I am certain that Team Obama will have him silenced by other means. No one can question the great Oz…I mean Obama.

    As to the Army involvement – this is what happens when civil authorities consistently rule that no one has standing to question the president. This is a venue where someone’s life is on the line without question, and therefore they do have standing with regard to the legality of the person who is ultimately the orders’ issuing authority. IMHO, this is something that the President and his legal team brought upon themselves. All they have to do is show the papers. And I definitely know what the 1961 Hawaiian birth certificate looks like – my brother has one with an attending physicians signature and a hospital name. It is not some computer generated form.

  27. Phil Cave says:

    “The fact, obvious to all but the galactically stupid, is that this presidential office holder has not only failed to provide the same basic documentation that any military officer or enlisted person would have to provide to enter into the service, he has taken active measures to conceal it.”

    This is not correct (although in my own case I admit I had to produce a certificate of naturalization, and my British birth certificate). A COLB is perfectly acceptable proof of birth for commissioning. What an enlisted person provides is irrelevant to an officer’s commissioning, especially as a lawfully admitted (green card holder) alien can enlist in the U. S. Armed Forces.

    BTW LTC Lakin has yet to provide a legitimate copy of his birth certificate in the same form as that required of the president. If he doesn’t have one that won’t be a jurisdictional defense – because he’s served. The lack of in personam jurisdiction defense was removed years ago. When will he provide us his birth certificate similar to that required of the president so we can compare what was required of him to show citizenship in order to obtain a commission in the U. S. Armed Forces. The citizenship is the same for president and commissioned officer. Maybe the prosecution can obtain LTC Lakin’s military records, which should have a copy of his recruiter and MEPS documents. So if LTC Lakin only has a COLB and got commissioned doesn’t that make his arguments even more fatuous?

    What is apparent is that the “galactically stupid” fail to understand is that the president’s status is irrelevant to whether or not LTC Lakin was given lawful orders and that he failed to comply.

    “So Steve, what does it actually mean? My interpretation of the oath I took is to the Constitution, not to a person.” Correct!

    We took an oath to the Constitution, not a nation, not a person, and not even a flag.

    Commissioned officers take an oath to:

    “I, (state your name), having been appointed a (rank) in the United States (branch of service), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foriegn and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the office upon which I am about to enter. So help me God.”

    Officership, which in his contumacy LTC Lakin appears to lack, requires us as commissioned officers to put our Constitution above ourselves. IMHO LTC Lakin’s actions are in violation of his moral commitments as an officer. Unfortunately for him his lack of officership is a crime in the circumstances as we currently know them.

  28. Dwight Sullivan says:

    kbob,

    We know that President Obama was born in Hawaii. This was confirmed by the head of Hawaii’s health department, who personally saw the President’s original birth certificate along with Hawaii’s registrar of vital statistics. The (Republican) Governor of Hawaii recently reconfirmed that fact and even identified the hospital in Honolulu where the President was born. I have yet to hear the birthers even offer a theory as to why this isn’t sufficient, much less a coherent theory. Since we know the President was born in Hawaii, what remaining interest is there in seeing additional documentation of that established fact? It becomes, to use the familiar pejorative term from legal discovery disputes, a pure fishing expedition — but one where we know there are no fish that the angler claims to be licensed to catch.

    Call me galactically stupid (actually, I think you already have), but what do “transcripts” have to with anything? You write, “If Mr Obama were a civilian and he failed to provide his transcripts and other required documentation, he would be shown the door.” First off, President Obama is a civilian, so I’m not sure what the first part of that sentence means. Second, what are “transcripts” required documentation for? And what door would he be shown? He would no longer be allowed to be a civilian?

    Finally, let me ask you some questions I’ve posed to other birthers but to which I’ve never received a response. Is it your theory that every member of the U.S. military MUST disobey any order given to him or her as long as President Obama is the Commander-in-Chief? If not, is it your theory that every member of the military has complete discretion to disobey any given order as long as President Obama is the Commander-in-Chief? Is every servicemember currently serving in Iraq and Afghanistan free to simply lay down his or her weapon and return to the United States without any criminal liability? Is every crewmember of a U.S. Navy vessel free to walk off the ship at the next port of call, never to return, without legal consequence? And if your answer to those questions is no (which would be the correct answer under the de facto officer doctrine even if, for some reason, a given President were constitutionally ineligible to serve), then what relevance does President Obama’s birth certificate have to the charges facing LTC Lakin?

  29. Kinkerman says:

    Sef: You make a good point. MAJ Kemkes will face challenges working with civilian counsel. But there are few attorney’s with his reputation for excellence and candor. I’ve heard nothing but good information on him and believe that if anyone can put it in his pipe and somke it – he can. FYP(TS)

  30. kbob in Katy says:

    Mr. Sullivan,

    Thanks for your civility. I will attempt to answer your questions without being too wordy, although I am not a “birther.” I am reasonably sure Mr. Obama was born in Hawaii, but as I think I said, if that’s the case – what’s the reason for all the secrecy and massive expense on his part? When there is nothing to hide, why hide it?

    Now, on to your questions that you ask of “birthers”:

    1. Is it your theory that every member of the U.S. military MUST disobey any order given to him or her as long as President Obama is the Commander-in-Chief? If not, is it your theory that every member of the military has complete discretion to disobey any given order as long as President Obama is the Commander-in-Chief? Is every servicemember currently serving in Iraq and Afghanistan free to simply lay down his or her weapon and return to the United States without any criminal liability? Is every crewmember of a U.S. Navy vessel free to walk off the ship at the next port of call, never to return, without legal consequence? And if your answer to those questions is no (which would be the correct answer under the de facto officer doctrine even if, for some reason, a given President were constitutionally ineligible to serve), then what relevance does President Obama’s birth certificate have to the charges facing LTC Lakin?

    Quite frankly, if one in good conscience believes that Mr. Obama is illegally in place as President, then the answer is yes with regards to not obeying any and all orders issued in his name. To do otherwise would mean that an officer would be knowingly carrying out an illegal order and as such, would be subject to prosecution under military and civil law.

    The relevance is just that. If the LTC believes that his commander in chief id an usurper, he cannot in good conscience carry out an order that eminates from him. We all have been told that it is our responsiblity to NOT carry out an illegal order. He is doing that.

    As an aside, on the point of transcripts and educational records – it is just another point of contention for the most transparent administration ever, n’est ce pas? Typically – and famously in the case of the previous President, education records were used as weapons to prove what a dunce he was. We all know that Mr. Obama is the smartest man in the world. Why won’t he put the records out for all to see?

    His entire history is hidden from sight and review. Doesn’t that strike you as just a bit off normal???

  31. Shay says:

    “The relevance is just that. If the LTC believes that his commander in chief id an usurper, he cannot in good conscience carry out an order that eminates from him.”

    So any service member who questioned the validity of President Bush’s win in 2000 was, in your view, perfectly justified in refusing to deploy to Iraq in 2003?

    Just out of curiosity, in what branch of the military did you serve that you somehow were given to understand that individual service members are free to decide which orders they will obey?

    LTC Lakin is a grand-standing suicide bomber wannabe. I question the intelligence and integrity of any military professional (current or former) who supports him.

  32. kbob in Katy says:

    Shay

    Re: your “questions” (above.)

    If any SM’s convictions were so strong, and they failed to follow them, they should be willing to own up to the consequences. Pretty simple.

    If you don’t belive in the mission (or cause, if you will), then you refuse to follow (what is in your mind) an illegal order. You also prepare to pay the price for your disobedience, if your beliefs are not found to be correct. As LTC Lakin is apparently prepared to do.

    Not only did I serve in the Navy and Army as both enlisted and officer, I still do.

    Which branch did you serve in that you never heard of Rusty Calley? We are thinking people who know right from wrong. If an order is illegal, or is issued by someone with no authority to do so, who pays the price when the deed is done? Hmmmm…does Nuremburg ring a bell?

    Your characterization of the LTC is disrespectful, wrong and displays a significant level of ignorance. I suppose you think MAJ Nidal Hassan is a hero, and the DoD LEOs who brought him down should be prosecuted for their actions.

    I question your integrity at a minimum. I will not question your intelligence, just as I do not question the intelligence of anyone who games the system and comes out on top, by hook or crook. Genius is on both sides of the line.

  33. Shay says:

    ” I suppose you think MAJ Nidal Hassan is a hero, and the DoD LEOs who brought him down should be prosecuted for their actions.”

    Project much?

  34. kbob in Katy says:

    only to make the point. thanks for clarifying.

    now go to bed.

  35. Shay says:

    What point would that be? Citation needed.

    My characterization of Lakin is neither wrong, disrespectful, nor ignorant. Soonergrunt says it best:

    “Servicemember Smith decides that he doesn’t want to go downrange for whatever reason and tries to come up with some novel idea as to how to avoid deployment, gets slapped down hard, lather, rinse, repeat with SM Jones, SM Johnson, SM Thompson and so on ad infinitum… Is that about it?

    Oh, and there’s the issue of the fact that another doctor had to deploy on short notice to take up the slack. This other doctor is going ‘out of turn’ as it were because LTC Lakin has caused his duty to devolve upon him/her, while he’s still accepting the pay commensurate with his rank.

    Military personnel tend to take a dim view of people who do such things.”

  36. kbob in Katy says:

    I think my point is that it is your projection and – dare I say – fear, that the discovery process will provide some hard evidence that bho is not eligible?

    If “the birfers” have that fear, then they would not push so hard, don’t you think? Why would they (birfers) put forth a challenge that is certain to result in their ridicule? They are appently willing to roll the dice. Why are the syncophants and adorers of bho not willing to put the issue to bed once and for all?

    It is a simple question that could be simply and easily resolved with the original birth certificate – like my brother got in Hawaii in 1961. But noooooooo….that’s too easy for “no drama obama”, isn’t it?

  37. Shay says:

    “Why are the syncophants and adorers of bho not willing to put the issue to bed once and for all?”

    The issue was put to bed in the summer of 2008 by the State of Hawaii, and accepted by both the McCain and Clinton campaigns as well as both Houses of Congress and the Electoral College.

    Interesting that those who do not support the birther conspiracy nuttiness include all of Fox News and the Republican national committee.

    “It is a simple question that could be simply and easily resolved with the original birth certificate – like my brother got in Hawaii in 1961”

    Your brother got a copy, as did/does everyone else. Have the birfers ever bothered to ask themselves why on earth health departments would fork over the original birth certificate for anyone, when it is a legal requirement that it be kept on file?

    Pity that this simple explanation appears to be more than they can grasp.

  38. Anonymous says:

    Didn’t the last guy refuse to release his military records (and many other things)? But, back to the point here, if it’s true that the Officer has a duty to disobey all orders giver in the name of the president, then why didn’t LTC Lakin refused to come to work, refuse to wear a uniform, refuse to do all the other things under the authority of the alleged usurper? It seems that, if he MUST disobey, then all those other orders were just as illegal and he was required to disobey them as well.

  39. Anonymous says:

    kbob:

    Assume for a minute that President Obama is ineligible to be president. How would that make the order given to LTC Lakin unlawful? Did the President give the order to LTC Lakin personally, or did his Chain of Command give it? Assuming the latter, under what theory of Constitutional or Military Law, does the entire Chain of Command lose its authority in this scenario. I just don’t see a link between these two facts.

  40. Kbob in Katy says:

    Still looking for the transparency.

    The Obama records which STILL have not been released include; Passport records, Obama kindergarten records, Punahou School records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, University of Chicago scholarly articles, Illinois State Bar Association records, Illinois State Senate records/schedules(said to be lost), Medical records, Obama/Dunham marriage license, Obama/Dunham divorce documents, Soetoro/Dunham marriage license, Adoption records and of course the long-form Certificate of Live Birth.

    Maybe none of the documents exist. Maybe BHO is really an alien – from another planet. (That was a movie, wasn’t it?)

    Realistically GWB and other occupants of the White House have never gone to the extent that this occupant has to conceal and obsfucate their past. ADM – we don’t even know if he did anything he claims. Fortunately for him, he never claimed to be a successful businessman or someone who has had to make a payroll.

    He is arrogant, narcissistic and can’t take a punch. Nothing is his fault; it’s always someone elses’ fault.

    Remember in November. He may be able to influence supposedly impartial people and get Lakin convicted because no defense can be mounted – nothing is relevant; and he may be able to hide everything from everyone. For a while. But as P.T. Barnum said, “you can fool some of the people some of the time, but you can’t fool all of the people all of the time.”

    Mr. Obama’s time is coming that he will not be able to fool anyone with half a brain. Of course, that discounts his myrmidoms and syncophants, but the truth will out.

    And of course, Mooochelle will no longer be pround of America. Like she used to be. But then, she will not have all the handmaidens and bootlickers to make it tolerable.

    They should both go back to Chicago – or Hawaii – or Kenya, if that’s ther homeland they long for.

    44 – EPIC. FAILURE. I never thought I would ever see a President as bad as Carter. But then came Obama.