LTC Lakin’s new video discussing why he waived his Article 32 investigation is now online at the link we provided below. In the video, he acknowledges that his case will now be referred for trial by court-martial. He then goes on at length discussing why he believes there is serious doubt as to whether President Obama was born in Hawaii, as confirmed by Hawaiian officials.
I’m on the road right now, so I won’t be discussing the merits of LTC Lakin’s statements. I’m unlikely to revisit his claims this weekend, both because we’ve discussed some of them before and they are well debunked elsewhere. But more importantly, LTC Lakin’s arguments about President Obama are irrelevant for purposes of his court-martial. Even if his suspicions had merit (they don’t), the orders that he received and disobeyed would still be legally valid. As discussed by the Supreme Court in Ryder v. United States, the de facto officer doctrine would give effect to government officials’ actions even if one of their superiors were improperly in office. The Supreme Court said the de facto officer doctrine exists to prevent the chaos that would occur were an official’s disqualification to invalidate the government’s actions. LTC Lakin and his supporters appear to invite such chaos by giving military personnel unilateral discretion to obey or disobey orders at their pleasure. No military or civilian court will accept that position. Nor should they.