LTC Lakin, convicted on all charges and specifications by a general court-martial, has been sentenced.

The sentence is a dismissal, confinement for six months, and forfeiture of all pay and allowances.  The dismissal — the only form of punitive discharge authorized for an officer — is generally regarded as equivalent to a dishonorable discharge and cuts off substantially all benefits incident to military service.  If approved by the convening authority, it will entitle LTC Lakin to automatic review of his case by the Army Court of Criminal Appeals.  He can waive that review, but such waivers are relatively rare.  Unless the convening authority grants a deferment of confinement, LTC Lakin will start his sentence today.

Colonel Sullivan reports that there was no reaction from LTC Lakin or from the half-dozen or so birthers remaining in the spectators’ gallery.  The military judge thanked the members for their service, and excused them.  The courtroom was then cleared to allow LTC Lakin privacy.

Thanks to all who participated in the discussions here the past few days.  With very few exceptions, the questions and comments were excellent. 

Colonel Sullivan will likely be on later to post his observations first-hand; if there are any further radio interviews, we will link them here.   UPDATE: There will be another discussion of the case tonight at blogtalkradio.  CDR Cave will be a guest; Colonel Sullivan plans to participate as well, although he may be a little late calling in.

Finally, for the weather mavens, we have this post-trial photo of the courthouse: 

 

153 Responses to “United States v. Lakin liveblogging, Day Three wrap”

  1. bob says:

    Could someone please clarify:

    When determining whether Lakin is a felon, will governments look at the actual sentence imposed, or the maximum possible sentence?

  2. sg says:

    Well, I would’ve preferred a year confinement because of the year that he’s not downrange, but the Members have spoken and justice is done.
    What a total waste.

  3. Rob A says:

    “The courtroom was then cleared to allow LTC Lakin privacy.”

    So he could cry again.

  4. juniper55 says:

    Chief of Staff named John Shalikashvili

    He was naturalized – came here at age 16

    From wikipedia (presumed accurate her): General Shalikashvili, Walter Krueger (Germany), and George Kenney (Canada) are the only foreign-born soldiers to reach the rank of four-star General in the U.S. Army

    I’m asking about dual citizenship, meaning no disrespect, thanks

  5. Ama Goste says:

    Bob, there’s no set answer to that question. The interpretation seems to vary from place to place.

  6. Capt. Obvious says:

    “The courtroom was then cleared to allow LTC Lakin privacy.”So he could cry again.

    Boehner is joining in just for practice.

  7. Ama Goste says:

    juniper55, I’ve known of officers (JAGs even) who held dual citizenship.

  8. Chilidog says:

    In a way, I am saddened by this. Lakin was a fool and he certainly set himself up for the fall, however I feel for his wife and kids. What is it that drives people do such foolish things?

  9. Rob A says:

    Boehner is joining in just for practice.

    But will Lakin be allowed to dye himself orange?

  10. Your Master says:

    Boehner is joining in just for practice.

    I knew it! This is the dailkos, not the CAAFlog.

  11. TerribleTom says:

    Can’t be said enough: Thank you, thank you, Dwight, Phil, Chris and crew for your tireless and accurate coverage.

    I’ve learned a lot from following this blog and appreciate your equanimity and comity throughout, especially to those of us “civies” who were peeping through the glass.

  12. DC Steve says:

    I have often wondered why the military does not follow the practice of civillian courts and have the accused cuffed and escorted into confinement upon the announcement of sentence. Why the 30 to 60 minutes of cry time with the familly? (I know there is paperwork that has to be done, so you can’t zip-cuff him into the van and fly away, but we seem to have some misplaced compassion for our convicts. It is supposed to be unpleasant. That is why it is called punishment.

  13. Rob A says:

    Troll Alert: “Your Master” = Sharon Rondeiu of the Post & Email kook blog.

  14. Mike Dunford says:

    @Chilidog:

    Ditto. The situation was a loss for everyone involved, at every level.

  15. Your Master says:

    In a way, I am saddened by this.Lakin was a fool and he certainly set himself up for the fall, however I feel for his wife and kids.What is it that drives people do such foolish things?

    That’s it, keep pissing on him. Does it make you feel good?

  16. Abbey says:

    I want to add my thanks for the excellent coverage of this case over the last 6 months, too.

    I hope the people who egged Lakin on in his Birfoonery are proud of their work.

  17. Capt. Obvious says:

    I knew it!This is the dailkos, not the CAAFlog.

    Don’t you have better things to harp on Sharon? Like your posters who are advocating armed violence, sedition and treason?

  18. TerribleTom says:

    Your Master wrote: “I knew it! This is the dailkos [sic], not the CAAFlog.”

    Well, it ain’t the P&E, that’s for sure.

    Backing up to the previous thread, you wrote (pertaining to the legality of military acts if a President is Constitutionally ineligible): “In that case, any actions you take in a war in a foreign land are illegal.”

    Because I know that you (Sharon) have been exposed to the actual legal holdings and precedents, and are well-aware of the de facto officer doctrine, that statement can only be interpreted as a deliberate and duplicitous lie. Mere ignorance cannot explain or excuse it.

  19. Tekriter says:

    Can’t be said enough: Thank you, thank you, Dwight, Phil, Chris and crew for your tireless and accurate coverage.I’ve learned a lot from following this blog and appreciate your equanimity and comity throughout, especially to those of us “civies” who were peeping through the glass.

    Seconded.

    I learned a lot.

  20. Capt. Obvious says:

    Can’t be said enough: Thank you, thank you, Dwight, Phil, Chris and crew for your tireless and accurate coverage.

    I concur. Well done and thank you.

  21. Rob A says:

    domo arigato

  22. Mike Dunford says:

    Thanks to all the regulars here for their tolerance toward us disruptive visitor folks. And thanks again to Chris, Dwight, Phil, and the rest of the contributors here.

  23. Maybe, Maybe Not says:

    So who won the pool? I had dismissal and minimal confinement, if any. 6 months is rather minimal considering the 5 days of good time off per each month, but it is a heck of a lot more than I would ever want to spend.

  24. Rickey says:

    I sincerely appreciate the opportunity to learn so much about military law (not to mention Col. Sullivan’s insights into the workings of SCOTUS) since I found this blog. So now I have to ask this: what will Lakin’s life in confinement be like?

    My only experience with military prisoners consisted of occasional sightings of sailors from the brig doing unpleasant labor while on working parties under the watchful eyes of their Marine guards. I’m curious to know if there are opinions about how Lakin will be treated, what kind of work he will be expected to do, etc. Is it safe to assume that there is no rank in confinement? Are convicted officers kept separate from convicted enlisted personnel?

  25. Your Master says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution. I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

  26. sus says:

    Seconded.I learned a lot.

    Third!

  27. Anonymous says:

    Thanks for the updates and the informed opinion & analysis – but the tour bus is leaving so I’m outta here. See you next time. Merry Christmas.

  28. Cheap Seats says:

    @DC Steve – whereas I tend to agree about the “cry time,” don’t forget that often in the civilian world there are months between conviction and sentencing, often without confinement. Furthermore, there is bail pending appeal. As such, let’s just let them have a little “cry time.”

  29. Rob A says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution. I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    Your drivel is not taken seriously here, Sharon.

  30. Ama Goste says:

    DC Steve, sentencing in some civilian courts takes place months after the conviction. I did enjoy the way confinement was done at one of my previous bases (courtroom no longer exists). The accused was strip-searched in the courtroom and hauled, in handcuffs, down the rickety metal stairs that led from the second-floor courtroom to the awaiting squad car.

    Rickey, officers maintain their rank in confinement and have separate housing from enlisted members.

  31. Abbey says:

    Rob, how do you know it’s Shazza?

  32. mari says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution. I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    Huh? En anglais s’il vous plait.

  33. Rob A says:

    Rob, how do you know it’s Shazza?

    She gave it away last night by quoting her own editorial on the P&E. She has yet to deny it.

  34. Daniel says:

    That’s it, keep pissing on him.Does it make you feel good?

    You and your ilk have been pissing on Pbama for two years, and the only thing he did wrong was to be born black.

    So take your hypocrisy elsewhere Sharon Stooge.

  35. mari says:

    I guess the shout out from the Military Times is bringing in some new trolls!!

    Anyone else have to do the spam protection math on their fingers? :(

  36. Black Lion says:

    No one is pissing on Lakin. He got what he deserved. He disobeyed a direct order, which is something you cannot do in the military. If anyone is pissing on him it is people like you. People that exploited him for their own twisted beliefs. Lakin’s big mistake was believing the garbarge that is posted at sites like the Post and EFail, WND, Citizen Wells, Dr Kate, Free Republic, and other sites that perpetuate lies and nonsense. Yes he got what he deserved, but those sites are just as responsible because they encourage seditious behavior and advocate disrespect for the current President of the US. Thankfully we are a nation of laws and that is what is governing us. Also thankfully we have true patriots like Col. Sullivan and the others at this blog that educate people about the truth….

    That’s it, keep pissing on him. Does it make you feel good?

  37. Presley O'Bannon says:

    I’m psyched that there are now pictures on CAAFlog.

    Perp walk shots should now be mandatory background when there are posts discussing individual cases.

  38. anonymous says:

    On to PFC Manning! They’re torturing him Quantico, you know.

  39. Daniel says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution.I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    The Irony is that the only one trying to violate the constitution here is you.

  40. Ama Goste says:

    FWIW, I’m pretty sure I don’t vote for the same people many on this blog do, but I agree with all the posts that Lakin’s court-martial was entirely justified.

  41. sg says:

    Since Lakin’s crimes do not directly implicate his ability as a physician (he wasn’t convicted of drug use or other such) might he be given duties in confinement in the dispensary, for example, or would it be in the laundry or whatever other manual labor thing there would be?

  42. Anonymous says:

    “MPs, guard the colonel.”

  43. Rob A says:

    On to PFC Manning! They’re torturing him Quantico, you know.

    In the fantasy world in which I live, Congress will bring back “Drawing and Quartering” in time for Manning’s sentencing.

  44. sg says:

    @anonymous, 1536;
    Is Glenn Greenwald the new Dr. Kate?
    I read that article and I was like “Torture? Really, torture?!?

  45. Black Lion says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution. I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    Still pushing your nonsense. Unlike your blog where you moderate dissent and think that idiots like Jedi Pauly are legal experts, here there are real lawyers. First of all there has not be a violation of the Constitution. The steps set forth by the Constitution have been followed implicitly, just like it was for the last 5 Presidents. Secondly just because in your non legal harp playing mind something exists doesn’t make it so. Whether you are willing to accept it or not Barack Obama is the President of the United States. So while Lakin gets to spend the next 6 months in lovely Kansas at the USDB, President Obama will be sleeping comfortably in the White House. So tell me what has Lakin achieved other than piss away a promising career?

  46. Some Army Guy says:

    I have often wondered why the military does not follow the practice of civillian courts and have the accused cuffed and escorted into confinement upon the announcement of sentence.Why the 30 to 60 minutes of cry time with the familly?(I know there is paperwork that has to be done, so you can’t zip-cuff him into the van and fly away, but we seem to have some misplaced compassion for our convicts.It is supposed to be unpleasant.That is why it is called punishment.

    They’re fellow Soldiers, which means to me:

    1) They deserve some basic decorum of respect, if not for them but for their friends and families with them. That doesn’t always apply to civilians in state or county court — and while it may not apply to the Hasans or the Akbars, frankly I find the Soldiers, even the misguided ones, to be worthy of some respect.

    2) We have more positive control over them because they’re still part of the Army. They’re much less of a flight risk or violence risk (Akbar excepted), even after sentencing.

    And I’m a career-long TC/government hack.

    I have often wondered why the military does not follow the practice of civillian courts and have the accused cuffed and escorted into confinement upon the announcement of sentence.Why the 30 to 60 minutes of cry time with the familly?(I know there is paperwork that has to be done, so you can’t zip-cuff him into the van and fly away, but we seem to have some misplaced compassion for our convicts.It is supposed to be unpleasant.That is why it is called punishment.

  47. Dave says:

    On the subject of who’s relieving themselves on LTC Lakin, I wanted to point out that he is in the trouble he’s in precisely because he believed the BS spouted by birthers.

    Had he paid attention to what was written about his case on this blog, he wouldn’t be in the fix he’s in now.

  48. anonymous says:

    sg, Bradley doesn’t have a pillow. And he’s so alone. Poor baby. He needs hugs.

  49. Citizen Wells says:

    I salute LTC Terry Lakin.
    Short of dying for his country, he gave the ultimate measure.
    LTC Lakin is an American hero.
    On the other hand, I spit on the US Congress which did not do their duty and question Obama’s eligibility when the electoral votes were presented.
    “I have not yet begun to fight.”
    God bless LTC Terry Lakin.

  50. Rob A says:

    I salute LTC Terry Lakin.
    Short of dying for his country, he gave the ultimate measure.
    LTC Lakin is an American hero.
    On the other hand, I spit on the US Congress which did not do their duty and question Obama’s eligibility when the electoral votes were presented.
    “I have not yet begun to fight.”
    God bless LTC Terry Lakin.

    dumbass

  51. BigGuy says:

    Well said, Dave. I think the old Harpeau needs to have her L&H restrung.

  52. bob says:

    I salute LTC Terry Lakin.

    How about paying his mortgage instead?

  53. Brett says:

    Does LTC Lakin lose his pension? Is that what is meant by “forfeiture of all pay and allowances”?

  54. Dave says:

    “Citizen” Wells: how do you feel about all the soldiers who are still following orders? Are they heros too?

    And about that “citizen” thing — can we see your papers?

  55. Patrick McKinnion says:

    Troll Alert: “Your Master” = Sharon Rondeiu of the Post & Email kook blog.

    Ah yes, the Pest and eFail. Wonder what box Rondeau stuffed John Charlton. Rondeau has also been a heavy supporter of late for court-martialed ex-Navy officer and felon Walter Fitzpatrick.

    BTW, please don’t judge other harpists on Sharon Rondeau’s actions. We’re not all conspiracy and sedition minded flakes.

  56. Adelante says:

    Hi. I haven’t posted here before, but I wanted to add my thanks to the CAAFlog community, Judge Mathews, Dwight and Phil. You all provided a real education. The outcome of this drama I find very sad, but it is, even more, necessary. Thank you again.

  57. Frank Arduini says:

    Thanks to all. This has been a fascinating sojourn. If Mario Apuzzo ever gets around to apologizing to me, I’d appreciate hearing about it.

    Ciao, tutti!

  58. Daniel says:

    I salute LTC Terry Lakin.
    Short of dying for his country, he gave the ultimate measure.
    LTC Lakin is an American hero.
    On the other hand, I spit on the US Congress which did not do their duty and question Obama’s eligibility when the electoral votes were presented.
    “I have not yet begun to fight.”
    God bless LTC Terry Lakin.

    Well folks, if you’ve ever wondered where terrorism begins, you need look no further than the deluded, and quite possibly now dangerous, nutcase quoted above.

  59. Ama Goste says:

    Brett, Lakin isn’t entitled to a pension at this point, and the dismissal (assuming it survives clemency and appellate review), not the forfeiture of all pay and allowances, is what kills his future pension chances.

  60. Black Lion says:

    People like you are the reason that Lakin is in the situation he is in right now…You so called keyboard kommandos…Bold but never actually putting yourself on the line for your so called beliefs. So if Lakin is an American Hero then the Major that deployed in his place must be a traitor in your eyes. Because unlike Lakin he did his job and duty to serve his country. And for a hero Lakin sure was in a hurry to plead guilty when push came to shove. But Wells, you know the best part, Barack Obama is still the President of the US and tonight will be sleeping in the White House, so think about that.

    I salute LTC Terry Lakin.Short of dying for his country, he gave the ultimate measure.LTC Lakin is an American hero.On the other hand, I spit on the US Congress which did not do their duty and question Obama’s eligibility when the electoral votes were presented.“I have not yet begun to fight.”God bless LTC Terry Lakin.

  61. John Harwood says:

    Prediction: in the run-up to PFC Manning’s trial, Col. Sullivan will be vilified by the Lefties as a neocon, right-wing stooge of the Obama administration when he dispassionately lays out exactly how the C-M is going to proceed.

    For the next juicy issue, can we get something most of us know anything about, like a search and seizure or an MRE 412 issue? Everything I know about the de facto officer doctrine (and it ain’t much!) I learned on CAAFlog.

    Thanks to the Colonel, the Colonel, and the Commander for their coverage.

  62. Capt. Obvious says:

    BTW, please don’t judge other harpists on Sharon Rondeau’s actions. We’re not all conspiracy and sedition minded flakes.

    And some are pluckier than others of their own a chord without sounding board which resonates well.

  63. realist says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution.I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    Those remarks only serve to further prove your ignorance of the law and the constitution and of your idiots who follow and comment on your “blog.”

    In all the articles that you post and in almost every comment, if combined, there might be 10% truth involved, and very little of that comes from you.

    It is you and those of your ilk who are attempting to suspend the constitution and ignore the well-settled law of the land due to your hatred of a man you did not want as president.

    You do so with lies and obfuscation then close remarks with references to God. If indeed there is a God, and if you indeed believe his preachings, you will be dealt with in His way.

    In the meantime, you can deal with being called out for what you and your kind are.

  64. Patrick McKinnion says:

    I salute LTC Terry Lakin.
    Short of dying for his country, he gave the ultimate measure.
    LTC Lakin is an American hero.

    No, Major Dobson, who was deployed on short notice to Afghanistan to pick up the responsibilities Lakin failed to uphold, is a hero.

    Colonel Gordon Roberts, Lakin’s CO, who holds our country’s top honor for heroism for actions under fire, is a hero.

    Lakin is a blue falcon who deserved worse than he’s getting. But he’s not a hero, save to the natives of Birtherstan rather than the United States.

  65. Trevor says:

    Lets see,

    Out on his ear
    6 months in pokey
    Loss of pension
    Loss of prvileges
    Loss of Tricare

    Required to disclose to all employers his equivalent of a DD

    Which will also be reflected in his credit history, record and score

    And has to be disclosed if he wants to try and get insurance to practice as a doctor

    Assuming whichever state he wants to practice in doesn’t decide that his acts and actions showed deliberate and depraved indifference to his patients

    Etc etc

    The 6 months is the EASY bit……

  66. BigGuy says:

    Thank you Dwight, Christopher, Phil. You have made us outsiders feel very much at home.

  67. anonymous says:

    Lakin will write a book and hit the birther speaking circuit in time for election ’12. He’ll be fine.

  68. SueDB says:

    This has been an excellent learning experience for the things I don’t know and a some validation for those things I think I do know.

    What a steallar reporting team – The Dwight and Phil Show Narrated by Judge Mathews…
    Thank you very much. It is nice meeting new friends…

  69. Capt. Obvious says:

    Birther hero?

    “As part of their sentencing evidence, prosecutors played Lakin’s video for the jury. In it, he states that a president who is not a natural-born citizen “would subvert law and truth” and demands that Obama “release your original, signed birth certificate — if you have one.”

    During an hour of unsworn testimony, Lakin called that video an embarrassing mistake, brought on by pressure and poor advice from supposed supporters.

    “I would not do this again,” he said. “It was a confusing time for me, and I was very emotional. I thought I was choosing the right path, and I did not.”

    http://www.stripes.com/news/birther-sentenced-to-six-months-in-prison-kicked-out-of-army-1.128924

  70. Trevor says:

    Oh,

    Forgot….

    Thank you all for insightful, useful, articulate and knowledged instruction in the arcana of Military Law.

    I have learned much, and even managed to write a small play for Mario the Second Worst Lawyer in America.

    I will continue to lurk for my ongoing education and hope that the infestation of Birfoons abates soon.

    Although now Dwight and Phil are labelled as Wicked Ebil Obots that may take some time

    Thank you all and Merry Christmas.

  71. SueDB says:

    Lakin is a blue falcon who deserved worse than he’s getting. But he’s not a hero, save to the natives of Birtherstan rather than the United States.

    For those who wonder what a Blue Falcon refers to. I knew it as the bravo foxtrot or befoxed.

    http://www.urbandictionary.com/define.php?term=blue%20falcon

  72. Rob A says:

    Good day, gentlemen. I shall meet you back here for the Manning event.

  73. realist says:

    So long, everyone, and thanks again.

    Dwight and Phil, I hope to listen to you again this evening on RC’s BTR. ;)

  74. sg says:

    @SueDB,
    Or as we used to say, “‘Buddy’ is only half a word.”

  75. sus says:

    I think I’ll watch the Manning trial here as well.

  76. ellid says:

    I knew it!This is the dailkos, not the CAAFlog.

    That it is not.

    Tell me, Sharon – does the New Britain Symphony know that its principal harpist has been openly and advocating a military coup for most of the last year? Or that she’s fomenting sedition? Do your private students know this? Or have you put aside your actual work in favor of your poisonous little blog of treason?

  77. Rickey says:

    Rickey, officers maintain their rank in confinement and have separate housing from enlisted members.

    Thank you for clarifying that.

  78. ellid says:

    de facto officer doctrine only applies to minor technical bureaucratic red-tape issues, not something major like a violation of the US Constitution.I can’t take you seriously if you are going to hide behind the de facto officer doctrine to justify violating the Constitution.

    You know even less about military law than you do the Constitution you hate so much. I wonder if the Secret Service would be interested in knowing that you’ve been advocating a military coup and the assassination of the President?

  79. mikeyes says:

    I want to add my thanks for the guidance that Dwight and Phil and you other lawyers have given me through this event. I learned a lot and I renewed my feelings about the military and the superb system I lived under when on active duty or Reserve time. I read the Constitution again with open eyes and saw how that great document is distorted by those who don’t believe in the system of governance that it sets up. I have more faith in the system in spite of all our troubles.

    That being said, I think that this result was probably the best that LTC Lakin could have gotten and it seems that Atty Puckett did his job well, considering.

    It is now more likely that LTC Lakin will keep at least one of his medical licenses since he does not meet any “felony” definition and the specifications really don’t break any civilian laws. A good lawyer should be able to plead for censure or fine instead of taking the license away with this result.

    BTW, my experience at USDB as a Reservist was that while it is not a fun place to be, it is safe and predictable for officers. (And very clean.) Certainly better than some of the state prisons and county jails that I have had the pleasure to visit. When I took the tour they showed me a hole in the wall where they used to put problem prisoners for extended periods. It was discovered during some re-construction a while back and there were no records of its existence prior to the discovery. A lot has changed in that institution.

  80. Jax says:

    Thanks, guys. Not in the service, but as a 1L I find this whole process fascinating, plus I enjoy the opportunity to cuff the birthers about the head and neck. I’ll be sticking around. BOOKMARKED!

  81. Jax says:

    That’s 1st year law student, not 1st Lieutenant, just to avoid confusion.

  82. Rickey says:

    Prediction: in the run-up to PFC Manning’s trial, Col. Sullivan will be vilified by the Lefties as a neocon, right-wing stooge of the Obama administration when he dispassionately lays out exactly how the C-M is going to proceed.

    You’re probably correct. It has been very disturbing to see Bradley Manning described by some as a whistle blower. You don’t disobey orders because you don’t like your CIC and you don’t divulge classified information because you disagree with policy.

  83. sg says:

    @Rickey 1729;
    Get ready. There’s a lot of places where I used to feel at home on the net that I just no longer go. It’s amazing the amount of hyper-stupidity otherwise reasonable people get to when their sacred cows are being led to slaughter.
    As much as I rag on the birthers, I could never really hate them, because I see otherwise intelligent people freaking out about Manning and taking every dumbass assertion for granted just because it fits their world view.

  84. Southern Defense Counsel says:

    I think that given the sentence we can fairly say that Lakin got what he paid for with Puckett. My hat is off to him. I thought for sure that the members were going to go with TC’s recommendation. I only hope Lakin realizes what a great result this actually was. He’ll be home before 2 months of baseball are completed.

  85. mary says:

    I just want to join the chorus of Thank Yous to everyone at CAAFLOG for your stellar coverage of the Lakin court martial. I have learned so much from you. I too, have bookmarked the site.

  86. BugZptr says:

    I’d like to add my thanks to Dwight, Phil and Christopher for the updates and the education I’ve received here.
    As someone who doesn’t live in the US the only exposure to courts martial that I have had has been from movies and TV shows. I’ve greatly enjoyed each episode of this latest show.

  87. Maybe, Maybe Not says:

    SDC, I bet the military defense counsel could have done the same for a whole lot less…

  88. Tes says:

    I just want to join the chorus of Thank Yous to everyone at CAAFLOG for your stellar coverage of the Lakin court martial.I have learned so much from you.I too, have bookmarked the site.

    Me too. It’s been amazing. Thank you. And both this and http://court-martial-ucmj.com are bookmarked. As a “law junkie,” I’ve found all the threads over the past couple months fascinating.

  89. joeymac says:

    Citizen Wells says:
    I salute LTC Terry Lakin.
    Short of dying for his country, he gave the ultimate measure.
    LTC Lakin is an American hero.
    On the other hand, I spit on the US Congress which did not do their duty and question Obama’s eligibility when the electoral votes were presented.
    “I have not yet begun to fight.”
    God bless LTC Terry Lakin.

    So, the self-described, “well-educated” crypto-zoologist and internet power house, Larry Wells, takes his valuable time from the quest of Bigfoot, taking down cable news upstart, Glenn Beck, and shilling for noted fellationist, Larry Sinclair, to “spit” on this country’s elected representatives. Traitorous scumbag.

    How he manages to accomplish all this between cadging free refills while blogging from Mickey D’s is amazing. Get a job, Putz–Sinclair’s scam is at an end, and he is back working truckstops along Chattanogga’s I-75.

  90. Southern Defense Counsel says:

    M,MN – your point is well taken, and my comment was certainly not meant as a slap at MAJ Kemkes. I agree that many times military accused waste their money with CDC. That said, there were many, myself included, who were second guessing Neal on his tactics, and the proof is, as they say, in the pudding. He got a good result.

  91. Mike Dunford says:

    @Rickey:

    You’re probably correct. It has been very disturbing to see Bradley Manning described by some as a whistle blower. You don’t disobey orders because you don’t like your CIC and you don’t divulge classified information because you disagree with policy.

    I probably agree with you, at least for most definitions of “disagree with policy.” I think there has to be some sort of genuine and effective mechanism for whistleblowing – such as cases where classification is being used to bury crimes.

    But the Manning case has nothing to do with whistleblowing. It’s got everything to do with a stupid kid vacuuming up and releasing basically everything he could get his hands on, without even bothering to read all of it first. Big difference.

  92. Sterngard Friegen says:

    M,MN – your point is well taken, and my comment was certainly not meant as a slap at MAJ Kemkes. I agree that many times military accused waste their money with CDC. That said, there were many, myself included, who were second guessing Neal on his tactics, and the proof is, as they say, in the pudding. He got a good result.

    Puckett did get a fair result. But I bet he’s kicking himself that his interview of LCOL Edwards wasn’t more thorough. (If only Dogbite Jensen hadn’t arrogantly and stoopidly waived the Art. 32. Amazing.)

    Had he known what LCOL Edwards was going to say he could have been better prepared to confront her with COL Roberts’ different recollection. As it was because he was taken by surprise, I doubt he was fully prepared to deal with the issue, leading to conviction on MM.

    Conviction on the MM charge may jeopardize Lakin’s medical license in some states. True the 6 months was a “win,” but the MM conviction could still be a big deal on the civilian side.

    As I have written elsewhere, despite being a little light on confinement, I am satisfied justice was done.

  93. PUAAN says:

    Let me join the ranks of newcomers who thank you all for the excellent discussion!

    An earlier commenter answered the question of another, saying that rank is reserved while in confinement, and that officers get different treatment from enlisted. Am I to assume that means Lakin is not actually “dismissed” from service until AFTER he serves the 6 months? After his dismissal, surely he is no longer considered an officer?

  94. publius says:

    “I think there has to be some sort of genuine and effective mechanism for whistleblowing – such as cases where classification is being used to bury crimes.”

    IG complaints and requesting mast are so old-fashioned.

  95. Southern Defense Counsel says:

    PUANN – the dismissal is effective when the CA acts and the case has been reviewed by the appellate courts (or he waives review, unlikely here). However, he will be placed on involuntary appellate leave until that time. Which means that yes, he will still hold his office until the dismissal is final. However, he will not be paid, will not work (besides his assigned duties while in confinement), etc. Once the appeals are final the dismissal will take effect, assuming neither the CA nor the appellate courts have disapproved the dismissal for any reason.

  96. Christopher Mathews says:

    Let me join the ranks of newcomers who thank you all for the excellent discussion!

    An earlier commenter answered the question of another, saying that rank is reserved while in confinement, and that officers get different treatment from enlisted. Am I to assume that means Lakin is not actually “dismissed” from service until AFTER he serves the 6 months? After his dismissal, surely he is no longer considered an officer?

    LTC Lakin will remain an officer — first in prisoner status, and then on appellate leave — throughout the appellate process. Assuming the dismissal is finally approved and ordered executed, an order will be issued specifying that at a certain date and time, he will no longer be an officer.

    Until then, he remains a lieutenant colonel, albeit in a no-pay status, and he remains subject to the Uniform Code of Military Justice.

  97. Mike Dunford says:

    Chris –

    Will that date and time be retroactive to the conviction?

  98. June bug says:

    From a seat on the tour bus:

    Thank you so much, Dwight, Phil and Judge Matthews. I’ve learned so much from all of your insights…and I’ve gotten so much enjoyment from your wit and your wisdom.

    Mahalo!

  99. Lawyerwitharealdegree says:

    Thanks Dwight, Phil, and Judge Matthews! It’s been a pleasure reading over here, and I will continue to do so. I look forward to listening to the final installment of the Dwight & Phil Show on RC radio tonight!

  100. Phil Cave says:

    The prosecution used very effectively a quote from this speech — http://www.nationalcenter.org/MacArthurFarewell.html

    Interestingly the individual concerned was fired by the then President for . . . .

    Does potential for a “credentials hearing” sound familiar. I’ll need to recheck the Army reg but I believe this action can be a basis for credentials hearing which is an adverse action reportable to the databank; I know it could be in the Army. More later. Dwight is engaged on a family matter and we’ll be on RC at 2100.

  101. Christopher Mathews says:

    Chris –

    Will that date and time be retroactive to the conviction?

    No, typically, it’s the date of the order itself or a few days hence.

    The fact that he remains subject to the Code presents Lakin with some interesting issues, and it may be a reason for him to waive appellate review in order to hasten his release from the military. He can, for example, still be given lawful orders … and court-martialed for failing to obey them.

  102. Christopher Mathews says:

    Does potential for a “credentials hearing” sound familiar. I’ll need to recheck the Army reg but I believe this action can be a basis for credentials hearing which is an adverse action reportable to the databank; I know it could be in the Army.

    Phil, it’s occurred to me that if I was interviewing doctor Lakin for a position in my medical group — or advising a client doing so — I’d want to know whether he believed himself obliged to follow regulations promulgated by the FDA and other HHS agencies after January 20, 2009 …

  103. Phil Cave says:

    Duh, replace the second “Army” with Navy. And Chris you make a good point that the FDA/HHS is part of the administration and I suppose subject to presidential “orders.” Gosh, maybe he’ll balk at putting fluoride in the water. Wasn’t that an older conspiracy theory?

  104. Phil Cave says:

    BTW, the Urban Dictionary now has a definition of “birther.”

  105. Rickey says:

    Gosh, maybe he’ll balk at putting fluoride in the water.Wasn’t that an older conspiracy theory?

    They’re still out there.

    http://www.greaterthings.com/Lexicon/F/Fluoride.htm

    I wonder what Lakin’s position is on vaccines.

  106. Rob M says:

    Under UCMJ Art 2(a)(7), even were he to waive any appellate review and consequently expedite his dismissal, he would remain subject to the UCMJ so long as he was in custody of the armed forces. So he’s subject to the UCMJ for at least six months even if his dismissal comes sooner.

  107. Phil Cave says:

    The judge’s handling of the case enraged observers. “His attorney was reduced to a circus clown because [Lind] wouldn’t allow a meaningful defense,” said California attorney Orly Taitz[.]

  108. Anonymous says:

    M,MN – your point is well taken, and my comment was certainly not meant as a slap at MAJ Kemkes.I agree that many times military accused waste their money with CDC. That said, there were many, myself included, who were second guessing Neal on his tactics, and the proof is, as they say, in the pudding.He got a good result.

    correlation does not equal causation, we don’t know what would have happened with a different approach/attorney.

  109. TerribleTom says:

    So what’s the betting line on Puckett participating in an appeal? Do any of you JAG guys see any low-hanging fruit that’d make for plausible assignments of error?

  110. Lohengrin says:

    Prediction: in the run-up to PFC Manning’s trial, Col. Sullivan will be vilified by the Lefties as a neocon, right-wing stooge of the Obama administration when he dispassionately lays out exactly how the C-M is going to proceed.

    Why? I probably have more sympathy for Manning than most people here, but nobody who knows anything about the law and has any sense would think this is going to go at all well for him.

    I look forward to the threads on this issue.

    Also, the issue of WikiLeaks is neither left nor right. The majority of the people involved in the organization are libertarians or cypherpunks of some stripe or other. I’m sure you’re right that we’ll get some number of birther-like fanatics, but they won’t necessarily be “Lefties.”

    The trolls of 4chan and Anonymous also, generally, don’t care about partisan politics. They’re about creating havoc for its own sake or, as they say, for the lulz (a corruption of LOL).

  111. sg says:

    @Phil Cave 1939,
    They don’t understand that Lakin got a very lenient sentence, all things considered, or is it just more outrage stoking/donation begging?

  112. Anonymous says:

    The judge’s handling of the case enraged observers. “His attorney was reduced to a circus clown because [Lind] wouldn’t allow a meaningful defense,” said California attorney Orly Taitz[.]

    And if anyone knows about circus clowns…man Orly’s irony circuits are completely burnt out aren’t they>

  113. 1LisHell says:

    This is a dumb question, but what does “forfeiture of all pay and allowances” mean? I understand Lakin’s not getting paid from here on out, but does he also forfeit the 18 years worth of pay he’s already received?

  114. Christopher Mathews says:

    @Phil Cave 1939,
    They don’t understand that Lakin got a very lenient sentence, all things considered, or is it just more outrage stoking/donation begging?

    sg, I have the sense that what the birthers imagined would happen was a mass uprising of the armed forces, led by the members of the court. Anything less, by their lights, was an outrage.

  115. TerribleTom says:

    @Phil Cave 1939,They don’t understand that Lakin got a very lenient sentence, all things considered, or is it just more outrage stoking/donation begging?

    Geez, my friend, consider the source. It’s Orly Taitz! If there is a way to misunderstand something, she can do it without batting an (oversized) eyelash. If there’s a way to get personal publicity out of it, she’s say it whether is makdes any sense.

    The answer to your either/or question is YES.

  116. Mike Dunford says:

    Sadly, sir, I do believe you are right.

  117. Christopher Mathews says:

    This is a dumb question, but what does “forfeiture of all pay and allowances” mean? I understand Lakin’s not getting paid from here on out, but does he also forfeit the 18 years worth of pay he’s already received?

    No, it’s not retroactive.

    The military distinguishes between pay, including base pay (determined by one’s rank and time in the service), incentive pay, and so on, and allowances, which include things like housing allowance, allowance for meals, and so on. The sentence means he loses both.

  118. realist says:

    sg, I have the sense that what the birthers imagined would happen was a mass uprising of the armed forces, led by the members of the court.Anything less, by their lights, was an outrage.

    Phil and sg, you are both correct. The entire lawsuit filing and attendant blogging nonsense was nothing more than a PayPal gig for Phil Berg. He did the same thing with his “truthers” blog and lawsuit. Others have been cashing in ever since, with WND leading the way in donations, I’d bet.

    They [the birthers] have actually blogged about the fact that if Lakin were convicted (on any counts) that the military would not stand by and do nothing and a great uprising would take place.

    They’re all nuts. ;)

  119. Tes says:

    @Phil
    !!!! I just spewed starbux on my keyboard. Succinctly perfect!
    http://court-martial-ucmj.com/lakin-2/ltc-lakin-14/

  120. bob says:

    SOC’s take:
    “[T]his relatively lenient sentence is a victory for the defense, since the prosecution asked the sentencing panel for Terry to serve two years in jail as his punishment.”

  121. Guano Cravat says:

    Greetings, I am checking in under my new nom de plume (mari). Without looking Dwight, who am I?

    http://www.comicvine.com/guano-cravat/29-35790/

  122. sg says:

    @Realist 1954,
    “They [the birthers] have actually blogged about the fact that if Lakin were convicted (on any counts) that the military would not stand by and do nothing and a great uprising would take place.”
    They don’t even get that it was the military that tried and convicted him.

  123. Dew_Process says:

    Sterngard: Per 18 U.S. Code 3156(a)(3): “the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;” so under federal law, he is a convicted felon – it’s not the sentence he got, but what his potential sentence could have been. Many States follow the same definitional framework.

    Being an Officer at the DB is not a cake-walk. The latest murder victim at the DB was former LCDR Michael Fricke, doing time for “arranging” for his wife’s murder.
    http://hamptonroads.com/2010/07/exnavy-officer-who-had-wife-killed-dies-after-prison-attack

    As a prisoner, LTC Lakin becomes “Inmate Lakin” subject to the Orders [the ultimate irony] of any PFC Guard. His counsel should seriously consider having him in “solitary” for his short stay – there are many inmates there who have done multiple deployments, and Lakin will be branded a coward and traitor, one step above child-rapists.

    I suspect that the Army Surgeon General will serve him with a de-credentialling notice ASAP due to the conviction. DEA will revoke Lakin’s license to write prescriptions for controlled substances. Whether he loses his license(s) to practice medicine, will be determined by the State(s) that he is licensed in. But, a felony conviction does not of itself result in automatic license revocation in all states. Dr. (CPT) Huet-Vaughan, got a suspension and then allowed to continue practicing. Lakin has current medical licenses in Maryland and Colorado.

    Stay tuned….

  124. Rob M says:

    My favorite part of the SOC homepage…

    “we strongly urge LTC Lakin’s supporters to call their Congressmen and Senators- and demand that LTC Lakin be pardoned”

    For people who claim to know the Constitution, particularly Article II, they seem to have missed something…

    (I know, more troll food…I’m snowed in with a bottle of Jack and feeling a little punchy).

  125. Keith says:

    That’s it, keep pissing on him.Does it make you feel good?

    You folks are the ones that are pissing on him.

    What exactly are you getting from entrapping and encouraging this soldier to ruin his life?

    Did you get endless hours of enjoyment as a child pulling the wings off flies? Or are you some sort of human spider that gets your nourishment by sucking the life out of your trapped prey?

  126. Rob A says:

    That’s it, keep pissing on him.Does it make you feel good?

    I would not piss on him if he where on fire.

    However, given opportunity and a reasonable expectation of escape and evasion, I would make him regret his own birth.

  127. Rob A says:

    where = were

  128. Your Master says:

    I now understand why many of you don’t question Obama’s eligibility. I am not Sharon Rondeau. I’m not even female you idiots. Yet one guy, Rob M, says I’m Sharon Rondeau and all of you believe him without question. Now you know why you are called Obots.

    I posted the 1984 quote from the P&E because it exactly fit the situation that was unfolding. I doubt many of you actually have the intellect to understand George Orwell’s writings.

  129. Rob M says:

    I am not Sharon Rondeau. I’m not even female you idiots. Yet one guy, Rob M, says I’m Sharon Rondeau and all of you believe him without question.

    I said no such thing. I don’t know or care who you are.

  130. publius says:

    All birthers are created equal, but some birthers are more equal than others.

  131. Your Master says:

    I said no such thing.I don’t know or care who you are.

    Sorry Rob M, it was Rob A.

  132. Rob A says:

    I am not Sharon Rondeau. I’m not even female you idiots. Yet one guy, Rob M, says I’m Sharon Rondeau and all of you believe him without question. Now you know why you are called Obots.

    Interesting, 24 hours for a denial. Also, I misspelled the name as Rondeiu, however you spell it correctly as Rondeau. Fascinating…

  133. Rob A says:

    Sharon??? Come back and play, you have no idea who or what you’re f*ckin’ with.

  134. Rob A says:

    Who is the human in the scarf. Please tell me it is not Mr. Sullivan-Cave.

    http://news.yahoo.com/nphotos/Army-Lt-Col-Terrence-Lakin-Greeley-Colo-left-leaves-military/photo//101216/480/urn_publicid_ap_org4928bd0a11dc41bc97280a87dd757349//s:/ap/20101217/ap_on_re_us/us_army_birther

  135. ellid says:

    Sorry Rob M, it was Rob A.

    Interesting, 24 hours for a denial. Also, I misspelled the name as Rondeiu, however you spell it correctly as Rondeau. Fascinating…

    *snort*

    Right. And I’m sure she’s next going to try to sell some poor rube the Dexter Coffin Bridge.

  136. ellid says:

    I now understand why many of you don’t question Obama’s eligibility.I am not Sharon Rondeau.I’m not even female you idiots.Yet one guy, Rob M, says I’m Sharon Rondeau and all of you believe him without question.Now you know why you are called Obots.I posted the 1984 quote from the P&E because it exactly fit the situation that was unfolding.I doubt many of you actually have the intellect to understand George Orwell’s writings.

    I understand George Orwell very well, and you have some nerve comparing a bunch of treasonous conspiracy loons with poor Winston Smith.

  137. Rob A says:

    I understand George Orwell very well

    Are you aware that Amazon remotely deleted previously purchased digital copies of “1984” in the ultimate corporate “Big Brother” action.

  138. Armywife says:

    DC Steve says:
    December 16, 2010 at 4:18 pm ” I have often wondered why the military does not follow the practice of civillian courts and have the accused cuffed and escorted into confinement upon the announcement of sentence. Why the 30 to 60 minutes of cry time with the familly? ”
    Answer: The Military has created their own guidelines, which is somewhat similar to the civilian community, to handle and punish criminals. Most of the differences between the two court systems derive from the difference between the way of life between civilians and military. Since there is such a significant difference between the two, the military has created a criminal justice system different from the civilian community in order to parallel the differences found within the military.

  139. Rob A says:

    @Armywife

    How timely and poignant. WTF???

  140. CW says:

    Rob A, Ellid, boy I would sure love to have at with those phony characters. The best you can do is name calling which demonstrates your complete and utter ignorance.

  141. Rob A says:

    Rob A, Ellid, boy I would sure love to have at with those phony characters. The best you can do is name calling which demonstrates your complete and utter ignorance.

    @CW

    Not really sure what you are saying here. Would you please translate this into the Northern dialect of American English?

    Thanks in advance,

    Your Pal

    Rob

  142. Capt. Obvious says:

    Rob A, Ellid,boy I would sure love to have at with those phony characters.The best you can do is name calling which demonstrates your complete and utter ignorance.

    You condemn name calling by calling them ignorant which is name calling?

    Are you drunk or just eight? And yes, I’m mocking you.

  143. Capt. Obvious says:

    Isn’t CW a sock puppet for Citizen Wells who leeches off birthers rather than getting a real job?

    Oh look, I just saw Bigfoot, Crazy Larry.

  144. Rob A says:

    Isn’t CW a sock puppet for Citizen Wells who leeches off birthers rather than getting a real job?

    nice catch

  145. Capt. Obvious says:

    nice catch

    Did you know that Bigfoot’s name was changed to Sasquatch after he was adopted by his Indonesian step-father? It must be true. Because it’s now on the intarwebs.

  146. SueDB says:

    Being an Officer at the DB is not a cake-walk.

    Just being there is not a cake walk!

  147. SueDB says:

    Did you know that Bigfoot’s name was changed to Sasquatch after he was adopted by his Indonesian step-father? It must be true. Because it’s now on the intarwebs.

    But dem papers still stay he was born in Hawaii…

  148. ellid says:

    Yes. That’s why I bought a Nook instead of a Kindle.

  149. Armywife says:

    Rob A:
    Military life is different from civilin life. I have lived both.I do not begrudge Lakin some privacy time with family after verdict was announced. Nor do I think he should be placed in cuffs and removed from the courtroom.
    To make it easier for you to understand:
    Civilians defecate on and burn our flag as freedom of speech.On Army posts, people stop what they are doing,even car drivers,to respect the flag when the flag is taken down at the end of the day.
    In civilan world, if you are late to work, you might get a reprimand.If you are late to work in the military. it is a violation of the Code of Conduct, and you are in big trouble.

  150. Christopher Mathews says:

    Armywife, like you, I have no objection to permitting the accused to spend a moment saying goodbye to his or her loved ones before they are taken to begin their period of confinement.

    It is, however, common for a convicted military member to be cuffed and escorted directly from the courtroom. As the prosecutor, I signed the confinement orders personally — either on my own authority or, if the accused was senior to me, by authority delegated from a commander senior to the accused — as soon as possible, because until I did so the accused was my responsibility. I have watched the police and confinement officials at dozens of installations perform the ritual of taking their prisoner into custody and escorting him to confinement.

    There may be variances in this procedure between the services, but I suspect LTC Lakin’s post-trial processing will be consistent with that of other convicted military offenders.

  151. Rob A says:

    @armywife

    Thanks for the heads up. They never told me any of that during my six years in the Marines or my four years in the Navy or my fifteen years with a California fire department.

  152. Armywife says:

    Rob A
    You should have joined the Army.

  153. Capt. Obvious says:

    Rob A
    You should have joined the Army.

    Why would anyone take unsolicited advice from an angry lunatic?