9 Responses to “Phil Cave’s Court-Martial Trial Practice blog has a synopsis of the Lakin 39(a)”

  1. Christopher Mathews says:

    Perma-link for those interested, in case it scrolls off of Phil’s front page: LTC Lakin.

  2. soonergrunt says:

    Will LTC Lakin obey the order of the Judge, a Colonel, to be present at all phases of the procedings?
    It would seem to me that for one to be logically consistent, one would have to refuse to go to the trial under the legal theory that Lakin and his counsel are advancing. Would it be possible or adviseable for a prosecutor to ask Lakin about this if he takes the stand or to at least point it out in closing argument?

  3. Kinkerman says:

    Has anyone been able to dig up any information on his military counsel, MAJ Kemkis?

    What’s his reputation?

  4. Michael Lowrey says:

    Apparently he’s very capable. Or at least that’s what a couple of people said here: http://www.caaflog.com/2010/05/12/ltc-lakin-a-couple-of-players-identified/

  5. Kinkerman says:

    Thanks Michael. Interesting read. I wonder how many cases he has tried as a DC.

    Do you think that it is important to have more than two attorneys on a case like this?

  6. Phil Cave says:

    Having worked with him on cases I’d rank him among the best.

  7. Norbrook says:

    It does pose an interesting conundrum, doesn’t it? However, given that LTC Lakin has “a cause,” he could probably paint his appearance at all proceedings not as “following orders,” but “bringing the facts to light.”

    The stated goal of the birther cases to date has been to gain “discovery” into the President’s records, particularly his birth certificate. Since LTC Lakin has bought into that particular pile of guano, he’ll go through this thinking he’s going to get it. What he’ll actually get is something else.

  8. Brian le chien says:

    I must admit that I like Mr. Cave’s choice of words: “I had to go to the bank, pet store, and commissary today so I stopped off to watch the arraignment.”

    I think this correctly puts in perspective, by listing his itinerary in order of importance, the events in his life that day. While the case is a train wreck the legal issues are not novel.

    I have no doubt that LTC Lakin’s challenge to civilian control of the military will end with a whimper. Thank’s Phil for giving us the update.

  9. Greg says:

    I somewhat doubt that Lakin could find an additional reputable attorney willing to represent him – even if having more than two DCs were allowed. It’s not.