According to something posted on my Facebook wall, it appears that there’s been or is about to be a change of counsel in the Lakin case with the highly experienced military justice practitioners from Puckett & Faraj, P.C. entering the case as LTC Lakin’s counsel.  Longtime CAAFlog readers will remember that firm as the counsel who represented SO2 McCabe in his court-martial for allegedly battering a detainee — a court-martial that ended in a complete acquittal.  That firm is also representing SSgt Wuterich in his ongoing court-martial proceedings.

Is Paul Rolf Jensen out of the case?

15 Responses to “Huge Lakin news?”

  1. Interested onlooker says:

    Is there any realistic hope of rescuing the case for Lakin at this point? Is this likely a “keep my ass out of jail” move by Lakin, or could he reasonably be thinking “maybe better lawyers can still get me that birth certificate”?

  2. Phil Cave says:

    I see it. Tough road to go.

  3. SueDB says:

    Nothing like inheriting the sewer facility.

  4. Anonymous says:

    Puckett is a very good attorney, so can’t see him buying into this birther stuff so this has to be some sort of return (partial) to sanity by Lakin?

  5. John O'Connor says:

    I wonder if Lakin’s play is to basically claim temporary insanity and beg the CA to ad sep him for something. Sort of a “sorry guys, can’t we just put all this behind us” play.

  6. John O'Connor says:

    Not “for something,” “or something.”

    Preview is my friend.

  7. thorswitch says:

    I find myself of two minds about this, if, in fact, he is getting new counsel. Part of me hopes that they’ll be able to defend him better, but part of me really wants to see him become the example he essentially volunteered to be and is penalized in a manner that shows definitively that the military isn’t going to put up with this birther crap.

    He may be getting wiser about his situation, but it doesn’t change what he did

  8. Anon says:

    I agree p&f are good military law attorneys. They will put on a good sentencing case because that is where it’s headed.

  9. Dew_Process says:

    Let’s not overlook or forget the Army defense counsel who have had to endure this manure from the inside, while the guanobirds went crazy. Maybe they finally got through to Lakin.

    Question # 1 for new counsel: Will they pull the writ?

    # 2: How soon before they file the IAC motion? And;

    # 3: Will CAAF’s observation in U.S. v. Maynulet, 68 M.J. 374, 376 (2010)[“this Court has yet to hear a case directly relying on this {advice of counsel} exception.”] become moot?

    I suspect that RCM 916(L)(1), may be getting some much needed attention, as there is plenty of federal caselaw that the “advice of counsel” may negate specific intent. See, e.g., US v. Kottwitz, 614 F.3d 1241 (11th Cir. 2010); US v. DeFries, 129 F.3d 1293 (DC Cir 1997).

  10. sg says:

    So you think LTC Lakin may claim that he did what he did because he had a lawyer tell him it would be alright?
    Since that sounds like a load of crap, won’t it be treated as such or is there actually a defense under the laws/rules that you’re stating, or am I misunderstanding you?

  11. Phil Cave says:

    Would that defense be limited to the missing movement by design?

  12. Mary Ann Kreitzer says:

    I’m baffled by those who think people demanding authentication of the President’s being a natural born citizen is “birther crap.” The Congress required John McCain to prove he was a natural born citizen, but they didn’t examine Obama. Why not? The Hawaii certification of birth just certifies registration of a birth in the state and up until 2009 Hawaii required additional documentation.

    Obama is spending millions to hide ALL HIS RECORDS. Why? Plenty of people aren’t buying it (See url below) and the ridicule won’t stop them from asking that the Constitution be upheld. All Obama has to do to stop the speculation is provide the long-form birth certificate. Why not do it? .

  13. Interested onlooker says:

    Congress did no such thing. Care to show otherwise? What basis would Congress have for forcing McCain to do so, and what could they have done if he refused? The Senate did pass a non-binding resolution declaring him to be eligible after questions were raised about whether his being born in the Panama Canal Zone might disqualify him.

    Do you have any documentation of Obama spending even the issuance fee of a Hawaii COLB to “hide ALL HIS RECORDS” much less millions? I fail to see what relevance his school records have if the circumstances of his birth make him an NBC. Would they be more or less relevant than GWB’s National Guard service records?

    Providing the birth certificate would just change the argument to the definition of a natural born citizen. Face it, if the Chief Justice of the SCOTUS thought there was some defect with the election (such as the winner not being eligible for the Presidency), we would have heard about it, and seen something rather different on television on Inauguration Day.

    It also is very hard to believe that two bare-knuckle politicians with millions of dollars behind them and a chance at the Presidency on the line, namely Hillary Clinton and John McCain, couldn’t dig up evidence that Obama was born elsewhere, or that their silence could be purchased.

    Is there some clause in the Constitution that says the President has to supply access to his/her papers on demand once the College of Electors has made their decision, and the Chief Justice has administered the oath of office? I can’t seem to find that in my copy…

  14. Alvin Wilkinson says:

    Like Col. Jimmy Doolittle in 1942, LTC Terry Lakin is a true American with great courage. Most of the crud’s around now wouldn’t even smell off of his rear. Republicans, Clinton’s, McCain’s,they all though BHO running for pres. was a joke and couldn’t ever plus 500 years happen. Like not being on the job during 911, GWB let us down again, as he could have very easily had him checked out. His credentials were not even worth looking into. If smoking don’t kill him, he will be president when you die. You will never vote him out. I was the first to predict that John McCain would never be president. No one seems to remember John, calming the lady down, that was so upset about the Indonesian Muslim about to be elected as our pres., or GWB having the first Koran installed in the White House. That is how GWB should be remembered, along with the Arlington eminent domain affair. Good-day

  15. Dwight Sullivan says:

    Mr. Wilkinson, President Obama’s citizenship had already been “checked out” during the LBJ Administration — and the U.S. government determined that he was a citizen because he was born in Honolulu on Aug. 4, 1961.

    Doc C discusses that investigation and finding here: