I believe Friday was the motions and witness request deadline in United States v. Lakin, as Doc Conspiracy discussed here.  I’ve seen neither hide nor hair of any filings.  If anyone has a copy of any of them, could you please throw them over our electronic transom at caaflog@caaflog.com?

31 Responses to “Lakin motions?”

  1. Phil Cave says:

    I had a commenter on my blog recently who posited the following:

    Lakin will not put out the motion, just as he has not put out the OER or the request to the Article 32, IO, because he is afraid of us commenting on it.

    Sounds about right.

  2. Dave says:

    Here’s a question from the peanut gallery: Are such motions in a court martial part of the public record? Is there a procedure, short of a FOIA request, to get a copy?

  3. Phil Cave says:

    Sadly no. And there’s no guarantee you’ll get it through FOIA to be of any immediate use.
    Dwight? Thoughts?

  4. SueDB says:

    I guess we’ll just have to wait until the MJ rejects their “suggestions”.

  5. Birth, Third Rock from the Sun says:

    The motions, a/k/a trump cards, will be released in due course. For fools who dismiss the movement as “crazy,” you sure do hang on every happening. You will be very enlightened when the true stratagem is unleashed.

  6. Phil Cave says:

    BTRS.
    I’m absolutely convinced there will be a bombshell soon. My guess is that the CG has appointed 9 colonels to hear this case. After hearing the evidence at least four of them will vote not guilty because they do not believe the president is a legitimate president. They fear protesting publicly in any other forum in the same manner as LTC Lakin because they don’t have any guts. But they will be protected by Article 37, UCMJ, from criticism by voting LTC Lakin not guilty at court-martial, so that’s what they will do.
    This will be the perfect jury nullification storm.

  7. Birth, Third Rock from the Sun says:

    Mr. Cave,

    I can easily see that happening, and I think your like-mindedness on this subject reflects well upon you. Have you offered your considerable services to the cause?

  8. Norbrook says:

    I’ve been known to use worms for cooking, so I can honestly say I’m waiting with baited breath.

  9. Phil Cave says:

    I have not offered my services, although I’m reasonably certain LTC Lakin could afford the $10-15,000.00 fee I would have charged.

  10. Anonymous says:

    Strategem, is that like Stratego? I haven’t played that game for a long time!

  11. Phil Cave says:

    BTRS,

    Here you go:

  12. Anon says:

    BTRS, if Lakin believes his CINC is illegitimate, and thus his military requirements to be null and void, why does he collect his pay check? It seems to the outsider like he enjoys the money but not the deployments. If he wanted to score some PR points and establish his bona fides, he should return his pay and allowances to the US Treasury.

  13. soonergrunt says:

    Please proceed to the third door on the left to have your head shaved. In the next room, you will be fitted for your white Nehru jacket, black leather gloves, and black monocle. Classes in maniacal-hand-rubbing and giggling start promptly at 10:00 AM sharp, so don’t be late!

  14. soonergrunt says:

    In the next room, you will be fitted for your white Nehru jacket, black leather gloves, and black monocle.

    I forgot to mention that this part will be supervised by our host, Col. Sullivan. Don’t ask why, just run with it. Since he is a Marine, he will refer to the door as a hatch and the floor as a deck. Again, don’t ask why, just run with it.

  15. Norbrook says:

    Who’s instructing the course on the care and feeding of sharks with frickin lasers on their heads?

  16. SueDB says:

    The Sturgeon General of course…

  17. Phil Cave says:

    Well LTC Lakin seems to have lost his plaice on the plane, by taking an exit roe. Certainly his appearance has been ectothermic since all of this started. I’m not sure though that he understood the scale of the mess he would get himself into. I bet that caused a few gulpers.
    Regardless it got the lampreys out as well as the sea-cash-cow.
    So now he’s stuck with his chimera-fish.

  18. Greg says:

    Anon,

    It is only those orders that would put Lakin in harm’s way that are illegitimate.

    Otherwise, it’s business as usual.

  19. Greg says:

    Rather than worrying about the commentary on his frivolous motions, Lakin should be concerned instead about the doctor who was sent in his place. What if that doctor is injured, killed or captured? Would Lakin feel even a trace of remorse? Judging from his actions, the answer must be “no.”

    The man has no conscience.

  20. Christopher Mathews says:

    The Sturgeon General of course…

    Win.

  21. Anonymous says:

    ummm, there are no sharks with laser beams.

    We do have mutated sea bass however.

  22. Uncommonsense says:

    Meh. Same old birfer tripe for two years now. Anyday! Something big is about to happen! Just wait until the next pleading! Hearing!

  23. Dwight Sullivan says:

    Bwah hah hah hah.

  24. MJW1 says:

    Are they ill-tempered?

  25. Anonymous says:

    More importantly, would evidence of the injury or death of the doc who replaced him be admissible as aggravation during sentencing?

  26. Phil Cave says:

    R.C.M. 1001(b)(4) could allow for that if the prosecution can make a very explicit and direct tie. If there is evidence that another officer had to deploy on short notice that impact on her and her family might be admissible, as well as impact on an officer who had to remain. I think part of that would deal with whether LTC Lakin was a general replacement (just a number) or whether it was very specific to a person and a type of duty. To express it this way. If Private Snuffy goes AWOL from a brigade, is that not less significant than Private Snuffy who goes AWOL from that brigade and he’s one of only two people trained and qualified to maintain a piece of vital sensitive equipment?

    The trial counsel may present evidence as to any aggravating circumstances directly relating to or resulting from the offenses of which the accused has been found guilty. Evidence in aggravation includes, but is not limited to, evidence of financial, social, psychological, and medical impact on or cost to any person or entity who was the victim of an offense committed by the accused and evidence of significant adverse impact on the mission, discipline, or efficiency of the command directly and immediately resulting from the accused’s offense. In addition, evidence in aggravation may include evidence that the accused intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.

    The question would be whether the prosecution would want to do that. So far they seem to have made wise decisions in the charging process KIS rather than a smorgasbord of all conceivable violations.

  27. SueDB says:

    I have not offered my services, although I’m reasonably certain LTC Lakin could afford the $10-15,000.00 fee I would have charged.

    No sense in jumping on board the SS Titanic after it is well on it’s way to the bottom while the rest of the crew is busy making the berg hole bigger.

  28. SueDB says:

    Are they ill-tempered?

    And quite vicious, but also very tasty deep fried in beer/ale batter.

  29. Dew_Process says:

    Unless the Motions were filed under seal, why aren’t copies available from the “Clerk of Court” or through Public Affairs?

  30. Phil Cave says:

    HOpe to attend the motions session.
    I have in fact asked whether the PAO can make the motions available.

  31. squee says:

    Release The Kraken!