There’s an interesting discussion of the Lakin case going on over at Phil Cave’s Court Martial Trial Practice blog. Phil “My Liege” Cave attended Friday’s Lakin arraignment and provides an informative synopsis. But needless to say, I respectfully dissent from My Liege’s assertion that LTC Lakin’s defense team is “entitled” through the military discovery process “to get what he asked for — proof that the president was born in the United States.” As I’ve written before, whether President Obama is constitutionally eligible to serve has no bearing on whether LTC Lakin is guilty or innocent of the charges against him. See, e.g., here. While I believe that LTC Lakin’s birther motive is relevant for sentencing purposes, the accuracy of his birther suspicions is not. If I were a trial counsel (and I have been a trial counsel), I’d tell the defense to pound sand with zero fear that I’d be reversed on appeal. But I’d be interested in hearing the views of JO’C, who preaches the Gospel of record protection, on that question.
Also, Doctor Conspiracy — who has honored us by posting some comments on this site — offers some thoughts about CNN’s coverage of the Lakin case here. (Doc Conspiracy has performed a huge service to the public by following the birthers’ arguments and systematically debunking those that are susceptible to fact-based scrutiny.)