LTC Lakin reacts to IO’s ruling that he “will not examine the documents or witnesses pertinent to the President or his credentials to hold office”
We noted that the guano is likely to get deep leading up to LTC Lakin’s Article 32 investigation. And it has.
Phil Cave’s Court-Martial Trial Practice blog links to this report by the WorldNetDaily’s Bob Unruh about the Lakin IO’s ruling that evidence concerning President Obama’s constitutional eligibility to serve is irrelevant to the case.
The article includes a quote from LTC Lakin reacting to the ruling:
But Lakin said the result “makes it impossible for me to have a fair hearing.”
“I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,'” he said.
Actually, that doesn’t appear to be correct. As we previously noted, the IO ruled that the defense could present testimony from retired Major General Paul Vallely or Alan Keyes, both of whom have been cheerleaders for LTC Lakin’s right to refuse to obey orders due to his doubts about President Obama’s eligibility to serve as president. So it appears that the IO is letting LTC Lakin “raise the issue”; what the IO declined to do is attempt to obtain additional witnesses and documents concerning the issue.
The WND article also states that LTC Lakin’s advisors “told WND he will have an opportunity to raise the question again later during a court-martial process, once the Article 32 hearing is over.” True, but that won’t result in a more favorable ruling for LTC Lakin. In fact, the defense will be even more constrained in the evidence it’s allowed to present at court-martial, since I can’t foresee any military judge allowing testimony by retired Major General Vallely or Dr. Keyes.