Here is a copy of ACCA’s 28 July order granting LTC Lakin’s motion to withdraw his case from appellate review. A review of the court-martial now must be conducted by a judge advocate pursuant to Rule for Courts-Martial 1112. And pursuant to Article 71(b) of the UCMJ, LTC Lakin’s dismissal can’t be executed until approved by the Secretary of the Army or his designee. So while the case of United States v. Lakin is now over, execution of his dismissal is probably not imminent.
UPDATE: A copy of the transcript of LTC Lakin’s court-martial that CAAFlog obtained under the Freedom of Information Act is available here. The good folks at ACCA were incredibly helpful and swift in responding to our FOIA request. On the off chance that anyone there sometimes visits our little gab fest, thanks ACCA!
p.s. thanks to the good folks at The Fogbow for uploading the transcript onto the web.
p.p.s. The Terry Lakin Action Fund’s website includes an update from 31 July explaining the withdrawal of the case from appellate review: “Concerning Appeals: The process has begun to accelerate Terry’s discharge and skip the appeals for now (there is a secondary process that can optionally be pursued at a later date). His charges remain. Terry will recieve a formal dismissal which is customary for officers involved in a court martial.”
I’m not sure what that “secondary process” might be. By choosing to forgo his military appeals, LTC Lakin has declined to exhaust his remedies. That will almost certainly result in the foreclosure of any collateral attack on his court-martial conviction. However, that’s not an enormous sacrifice; there would have been no viable grounds for a successful collateral attack.
UPDATE: The TLAF website also provides this information about LTC Lakin’s forthcoming book, which sheds more light on his decision to withdraw his case from appellate review:
Books and Media: Terry’s book is well underway with twelve completed chapters completed, all the vignettes written, and about 1/3 of the essays submitted. We have a great cover as well. The publication date will be adjusted to reflect Terry’s formal dismissal. Why? Since he is still “in the army” he cannot publish a book under military guidelines. The same is true of media. Terry will continue to appear on select radio shows to discuss his experiences and interest in the Constitution.