LTC Lakin’s Motions for POTUS Records Denied
The Maryland Daily record reports here that LTC Lakin’s motions for depositions and subpoenas were denied today. The report states:
A military judge in Maryland has refused to order the release of school records that could include a copy of President Barack Obama’s birth certificate. . . .
The judge ruled Thursday that those records and any other evidence or witnesses pertaining to Obama’s birth are not relevant to the case and will not be admitted. Prosecutors have argued that Obama’s birth certificate shouldn’t be part of the case, especially since the order for Lakin to deploy to Afghanistan didn’t come directly from the president.
More later if/when it surfaces.
I know I, for one, am shocked.
Does anyone have the address, email and phone number of the judge? LTC Terry Lakin has the right to FAIR trial.
I guess the best thing for Lakin to do now is request a motion to dismiss since it is impossible for Lakin to defend himself. If the MTD is denied, then a recusal of the judge or mistrial should asked for if a bunch of persons have been contacting the judge…scream for exparte communications. If that fails, then it is best to try to postpone the court martial that is scheduled in October.
You keep using that word. I do not think it means what you think it means. /inigo montoya
Wow . . . I thought we were going to finally get to the bottom of all this.
Shhh! The big surprise they promised us is coming!
Really? So I have been sitting by my computer and hitting refresh all day for nothing?
He also has the right to competant counsel. He waived that right when he hired a dog bite lawyer
THERE IS NO U.S.A. JUSTICE. TAKE TO THE STREETS. General strike is necessary. The Founding Fathers await our response.
I have a great idea — I bet LTC Lakin’s lawyer filed a memo with a terrific argument that these documents are relevant. If we could read that argument, we would all know just how wrong the judge is. How about you get LTC Lakin’s legal team to post that memo on their website?
That’s it? The big surprise is a call to take to the streets?
Phil Cave over at
http://court-martial-ucmj.com/
has a most trenchant write up, including the view that Lakin’s lawyer was, let us say……somewhat sub-optimal.
So, as was noted by all vaguelly mentally competent individuals here, the requests were wholly irrelevant, without legal basis and doomed to failure….but in Birferstan, it’s all a plot, the judge was “got at” etc.
I wonder if this should be added to the current running total of 72 straight failures for Birfer Legal…?
This was never about a trial. This is about using Lakin for propaganda.
Lakin is a fool.
And, like Bob Ross said. Listening to the Dog Bite Lawyer instead of counsel that would actually be advocating for him, rather than for some birther cause to the detriment of Lakin’s career and freedom.
Why did you put fair in all-caps?
I found a possible explanation for what FAIR equals:
Foundation Against Islamophobia and Racism?
If so, you are correct, he deserves such a trial.
A constantly-refreshed internet never…ummmm…boils.
Questions:
How long will Jensen remain on this case?
How long can APF continue to use this case for fundraising?
Depending on the answers to the above, what next for LTC Lakin?
NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!
safeguardourconstitution.com — the official Lakinista web site — still says “Hearing in Process.”
They’re a little slow, Dwight.
In other words, John, you want to create your own pretext for removing the military judge. Some commitment to justice.
Answers
1. As long as the folks out there in Birthistan keep hitting that PayPal button.
2. As long as the folks out there in Birthistan keep hitting that PayPal button.
3. Don’t know what will happen to ‘Mister’ Birfer. From his dog-bite counsel’s adroit handling of the defense so far, he had better have a large tube of surgical lubricant handy.
WorldNetDaily’s article about the ruling has this brief account of Mr. Jensen’s reaction to the ruling: “Paul Rolf Jensen, Lakin’s civilian attorney, said the case would continue. But he said the courts now have denied his client the opportunity to present his defense.”
You want generals to go on strike? Is there a General’s Union?
Sir,
I know that I’m not a lawyer, and so not strictly competent to judge lawyers, but this sounds to me like something Orly Taitz would say. Is there a consistent level of legal experience for the birther lawyers vs. other lawyers in your judgement?
What I mean to ask is this: Is being a birther indicative of a certain level (or lack thereof) of legal experience and training?
I mean honestly, some of this stuff sounds like things I would say in that position, but my excuse is that I’m not a lawyer.
Far be it from me to throw cold water on what is sure to be a raging inferno of passion, but the Founding Fathers are…kind of…well, I don’t really know how to break this to you…but, they’re dead. They aren’t waiting for anything.
I know, it’s a disappointment for me too. But on the bright side, that’s one time hack you don’t have to worry about blowing.
They’re not dead, they’re just sleepin’.
They’re pining for the Fjords.
How about: Lakin should plead guilty and sue his birther lawyers for malpractice.
He can’t defend himself because he’s fricking guilty, and a dumbass birther to boot.
“By George []he’s got it.”
Maybe the reaction answers one of D “ML” HS’s questions on advice given.
Certainly a more toned down response compared to other statements and protestations.
soonergrunt — I haven’t seen Mr. Jensen in court. Phil Cave has, so he’s better suited to give an answer to your question. The principal problem as I see it is that Mr. Jensen is arguing for a political solution in military justice case. It’s kind of like shouting “check” to your opponent when the two of you are playing Battleship — it just doesn’t fit.
I actually understand what you mean by that. Yay, me!
Really, thanks.
Lakin’s trial will be fair – it’s the evidence of his guilt that is so lopsided. After all, this is an officer who announced (on YouTube) that he would disobey orders, who then proceeded to disobey three separate orders to deploy, and who now finds himself on trial for disobeying those orders. It does not take a legal genius to see how all of this will turn out.
What Lakin should hope for – and what he needs for an acquittal – is an unfair trial – but that is a type of trial which he does not deserve and one which he will not be getting.
SG, I wouldn’t generalize based on one case. But he did come off as a person doing their first court-martial.
Of course the case will continue, er. . . he doesn’t have any choice.
Not only denied an opportunity to present a defense, but also a finding that it would not be a valid defense.
“Denied the opportunity to present his defense?” I get he’s a civilian tort lawyer, but you think he would have at least read the M.C.M. Legality of order is a preliminary question of law to be determined by the military judge. United States v. New, 55 M.J. 95 (CAAF 2001); MCM Part IV Paragraph 14c.(2)(a)(iii); RCM 801(e). Relevance is also a question of law to be determined by the military judge. M.R.E. 104; see also M.R.E. 401-402. The guy made a pretrial motion and it was ruled upon. That was his opportunity to “present his defense.” He presented it and it failed. Either way, those issues never would have made it to the members.
Phil,
Can you elaborate on the Presidential Address Judicial Notice thing?
Thanks, Mr. Cave. It just seems to me that wishful thinking pervades this whole issue for them, and that the lawyers who have chosen to take these cases are no exception, if not worse. Of course, since we see them more than others, I suppose they would appear especially outlandish even if they themselves are not necessarily that far out there.
General strike is necessary. The Founding Fathers await our response.
I have the impression that many of Lakin’s supporters are either retired or do not hold steady jobs – so calling for a general strike might not be all that effective.
As for the Founding Fathers: I say that we just leave them on hold for now – and take their call when we get around to it.
In more ways than one, Chris.
Flood the MJ with foo. That will really put her in a shall we say, “charitable” mood. Not that her mood would have anything to do with this.
Let’s get back to basics – Lakin’s CDC issues press releases by the fistful, but where are the “Motions” that were actually filed on behalf of the Accused?
Obviously, the fact that the Art. 39(a) was “open” suggests that they weren’t filed under seal or anything. But then again, “logic” seems to be an alien concept vis-a-vis the “agenda.”