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	<title>Comments for CAAFlog</title>
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	<link>http://www.caaflog.com</link>
	<description>Covering the Military Justice System</description>
	<lastBuildDate>Wed, 08 Feb 2012 23:47:54 +0000</lastBuildDate>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by stewie</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31484</link>
		<dc:creator>stewie</dc:creator>
		<pubDate>Wed, 08 Feb 2012 23:47:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31484</guid>
		<description>Perhaps it&#039;s my own bias showing, but some pretty non-charismatic folks seem to gin up a decent-sized following.</description>
		<content:encoded><![CDATA[<p>Perhaps it&#8217;s my own bias showing, but some pretty non-charismatic folks seem to gin up a decent-sized following.</p>
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		<title>Comment on October 2011 Army Lawyer online by PhilCave</title>
		<link>http://www.caaflog.com/2012/02/08/october-2011-army-lawyer-online/comment-page-1/#comment-31483</link>
		<dc:creator>PhilCave</dc:creator>
		<pubDate>Wed, 08 Feb 2012 23:26:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14072#comment-31483</guid>
		<description>My Liege,

I have had this problem for a long time using Chrome, IE, Firefox, on a PC.  In order to get access I downloaded and used the Opera browser.  And aaaaagh, I have a Mac -- and you can get Army in Chrome on a Mac. 

So, absent them changing their security certificate, those are some options. </description>
		<content:encoded><![CDATA[<p>My Liege,</p>
<p>I have had this problem for a long time using Chrome, IE, Firefox, on a PC.  In order to get access I downloaded and used the Opera browser.  And aaaaagh, I have a Mac &#8212; and you can get Army in Chrome on a Mac. </p>
<p>So, absent them changing their security certificate, those are some options. </p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Reality Check</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31482</link>
		<dc:creator>Reality Check</dc:creator>
		<pubDate>Wed, 08 Feb 2012 23:23:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31482</guid>
		<description>&lt;blockquote cite=&quot;comment-31467&quot;&gt;I’m sure he has a bright financial future on the wingnut talk circuit. He chose this path, hard to feel sorry for a guy who threw away a promotion to O-6 and a guaranteed retirment worth millions.&lt;/blockquote&gt;
Having heard Lakin speak on radio shows I beg to differ on his value on the talk circuit. It is hard to underestimate his charisma and presence. His book launch has been delayed several times. </description>
		<content:encoded><![CDATA[<blockquote cite="comment-31467"><p>I’m sure he has a bright financial future on the wingnut talk circuit. He chose this path, hard to feel sorry for a guy who threw away a promotion to O-6 and a guaranteed retirment worth millions.</p></blockquote>
<p>Having heard Lakin speak on radio shows I beg to differ on his value on the talk circuit. It is hard to underestimate his charisma and presence. His book launch has been delayed several times. </p>
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		<title>Comment on ACCA denies Gray&#8217;s petition for writ of error coram nobis by stewie</title>
		<link>http://www.caaflog.com/2012/02/06/acca-denies-grays-petition-for-writ-of-error-coram-nobis/comment-page-1/#comment-31481</link>
		<dc:creator>stewie</dc:creator>
		<pubDate>Wed, 08 Feb 2012 21:58:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14061#comment-31481</guid>
		<description>So when they do that, and still have the same level of acquittals, but bog down completely the MJ system with trials, then what?</description>
		<content:encoded><![CDATA[<p>So when they do that, and still have the same level of acquittals, but bog down completely the MJ system with trials, then what?</p>
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		<title>Comment on Breaking news:  Partington files notice of appeal by Socrates</title>
		<link>http://www.caaflog.com/2012/02/06/breaking-news-partington-files-notice-of-appeal/comment-page-1/#comment-31480</link>
		<dc:creator>Socrates</dc:creator>
		<pubDate>Wed, 08 Feb 2012 21:03:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14058#comment-31480</guid>
		<description>Good point on discovery.  If Mr. Gittins were to get it, could he reveal the results?  I guess his brief would be a public document, right?  I really am curious about the numbers.  Do most state bars provide raw numbers, without revealing names?  It seems like providing percentages, for example, on most common complaints, and most common disciplinary issues, would be a good teaching tool and a responsible mechanism for both maintaining a high level of professionalism and protecting lawyers, which are both subsidiary duties of the bar.  Government secrecy is bad.</description>
		<content:encoded><![CDATA[<p>Good point on discovery.  If Mr. Gittins were to get it, could he reveal the results?  I guess his brief would be a public document, right?  I really am curious about the numbers.  Do most state bars provide raw numbers, without revealing names?  It seems like providing percentages, for example, on most common complaints, and most common disciplinary issues, would be a good teaching tool and a responsible mechanism for both maintaining a high level of professionalism and protecting lawyers, which are both subsidiary duties of the bar.  Government secrecy is bad.</p>
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		<title>Comment on More Haditha Cases Fallout by Christian Deichert</title>
		<link>http://www.caaflog.com/2012/02/06/more-haditha-cases-fallout/comment-page-1/#comment-31479</link>
		<dc:creator>Christian Deichert</dc:creator>
		<pubDate>Wed, 08 Feb 2012 20:52:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14041#comment-31479</guid>
		<description>Frank, I think in a sense that&#039;s true, but we are talking about a relatively short deployment window in this case (not for the accused, whose deployments could have been extended easily, but for the related witnesses).  3/1 deployed in September 2005 and redeployed at the end of March 2006.  Haditha happened on 19 November, but I believe the initial 15-6 wasn&#039;t initiated until 14 February 2006, and NCIS began its criminal investigation on 9 March.</description>
		<content:encoded><![CDATA[<p>Frank, I think in a sense that&#8217;s true, but we are talking about a relatively short deployment window in this case (not for the accused, whose deployments could have been extended easily, but for the related witnesses).  3/1 deployed in September 2005 and redeployed at the end of March 2006.  Haditha happened on 19 November, but I believe the initial 15-6 wasn&#8217;t initiated until 14 February 2006, and NCIS began its criminal investigation on 9 March.</p>
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		<title>Comment on CAAF Judicial Conference by Bill C</title>
		<link>http://www.caaflog.com/2012/02/07/caaf-judicial-conference/comment-page-1/#comment-31478</link>
		<dc:creator>Bill C</dc:creator>
		<pubDate>Wed, 08 Feb 2012 20:40:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14065#comment-31478</guid>
		<description>I agree. I have already bought plane tickets and booked a hotel, and I considered cancelling.  In the long run, however, it is still cheaper than a CLE in Georgia on Worker&#039;s Comp, and at least I get so see old friends.  Not that Dwight and Phil are old.   </description>
		<content:encoded><![CDATA[<p>I agree. I have already bought plane tickets and booked a hotel, and I considered cancelling.  In the long run, however, it is still cheaper than a CLE in Georgia on Worker&#8217;s Comp, and at least I get so see old friends.  Not that Dwight and Phil are old.   </p>
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		<title>Comment on More Haditha Cases Fallout by Frank Rosenblatt</title>
		<link>http://www.caaflog.com/2012/02/06/more-haditha-cases-fallout/comment-page-1/#comment-31477</link>
		<dc:creator>Frank Rosenblatt</dc:creator>
		<pubDate>Wed, 08 Feb 2012 19:59:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14041#comment-31477</guid>
		<description>For a detailed study of how the footdragged handling of the Haditha courts-martial hindered the military&#039;s counterinsurgency mission in Iraq, see Marine Major John Hackel&#039;s article, linked below.&lt;a href=&quot;http://www.jag.navy.mil/documents/navylawreview/NLRVolume57.pdf&quot; rel=&quot;nofollow&quot;&gt;
http://www.jag.navy.mil/documents/navylawreview/NLRVolume57.pdf&lt;/a&gt;

One other point worth mentioning is that the results of such war crimes courts-martial will vary significantly based on where they are tried.  Had the Haditha cases been tried in Iraq, they would have gone to court faster, with better access to local witnesses, and with more focus on strategic consequences of the crimes rather than the patriotism of the offenders.  </description>
		<content:encoded><![CDATA[<p>For a detailed study of how the footdragged handling of the Haditha courts-martial hindered the military&#8217;s counterinsurgency mission in Iraq, see Marine Major John Hackel&#8217;s article, linked below.<a href="http://www.jag.navy.mil/documents/navylawreview/NLRVolume57.pdf" rel="nofollow"><br />
</a><a href="http://www.jag.navy.mil/documents/navylawreview/NLRVolume57.pdf" rel="nofollow">http://www.jag.navy.mil/documents/navylawreview/NLRVolume57.pdf</a></p>
<p>One other point worth mentioning is that the results of such war crimes courts-martial will vary significantly based on where they are tried.  Had the Haditha cases been tried in Iraq, they would have gone to court faster, with better access to local witnesses, and with more focus on strategic consequences of the crimes rather than the patriotism of the offenders.  </p>
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		<title>Comment on CAAF Judicial Conference by Dew_Process</title>
		<link>http://www.caaflog.com/2012/02/07/caaf-judicial-conference/comment-page-1/#comment-31476</link>
		<dc:creator>Dew_Process</dc:creator>
		<pubDate>Wed, 08 Feb 2012 19:11:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14065#comment-31476</guid>
		<description>Pretty light on topics that may be of use to actual practitioners . . . .</description>
		<content:encoded><![CDATA[<p>Pretty light on topics that may be of use to actual practitioners . . . .</p>
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		<title>Comment on Breaking news:  Partington files notice of appeal by Just Sayin'</title>
		<link>http://www.caaflog.com/2012/02/06/breaking-news-partington-files-notice-of-appeal/comment-page-1/#comment-31475</link>
		<dc:creator>Just Sayin'</dc:creator>
		<pubDate>Wed, 08 Feb 2012 11:11:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14058#comment-31475</guid>
		<description>they would likely hide behind the personal admin exemption.

I think Mr. Gittens would have a better shot getting it as a discovery request. </description>
		<content:encoded><![CDATA[<p>they would likely hide behind the personal admin exemption.</p>
<p>I think Mr. Gittens would have a better shot getting it as a discovery request. </p>
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		<title>Comment on Breaking news:  Partington files notice of appeal by Socrates</title>
		<link>http://www.caaflog.com/2012/02/06/breaking-news-partington-files-notice-of-appeal/comment-page-1/#comment-31474</link>
		<dc:creator>Socrates</dc:creator>
		<pubDate>Wed, 08 Feb 2012 03:14:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14058#comment-31474</guid>
		<description>Just Say&#039;n,

Good points.  Do you think that asking for the ethics investigation numbers (# of complaints; # of investigations; # of referrals or discipline) without names, could consitute the grounds for a legitimate FOIA request?  Or to request the actual complaints/investigations, with names redacted?</description>
		<content:encoded><![CDATA[<p>Just Say&#8217;n,</p>
<p>Good points.  Do you think that asking for the ethics investigation numbers (# of complaints; # of investigations; # of referrals or discipline) without names, could consitute the grounds for a legitimate FOIA request?  Or to request the actual complaints/investigations, with names redacted?</p>
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		<title>Comment on ACCA denies Gray&#8217;s petition for writ of error coram nobis by Time, Tide, &#38; Formation Wait for No One</title>
		<link>http://www.caaflog.com/2012/02/06/acca-denies-grays-petition-for-writ-of-error-coram-nobis/comment-page-1/#comment-31473</link>
		<dc:creator>Time, Tide, &#38; Formation Wait for No One</dc:creator>
		<pubDate>Wed, 08 Feb 2012 02:33:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14061#comment-31473</guid>
		<description>No comments on this post yet, so just putting out there this CNN opinion from Jackie Speier: &lt;a title=&quot;CNN article&quot; href=&quot;http://edition.cnn.com/2012/02/07/opinion/speier-military-rape/index.html?hpt=us_t3&quot; rel=&quot;nofollow&quot;&gt;http://edition.cnn.com/2012/02/07/opinion/speier-military-rape/index.html?hpt=us_t3&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>No comments on this post yet, so just putting out there this CNN opinion from Jackie Speier: <a title="CNN article" href="http://edition.cnn.com/2012/02/07/opinion/speier-military-rape/index.html?hpt=us_t3" rel="nofollow">http://edition.cnn.com/2012/02/07/opinion/speier-military-rape/index.html?hpt=us_t3</a></p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Michael Keyes</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31471</link>
		<dc:creator>Michael Keyes</dc:creator>
		<pubDate>Tue, 07 Feb 2012 22:37:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31471</guid>
		<description>Bridgit,

The KS denial has nothing to do with his ability to practice medicine, rather it is based on a &quot;dishonorable conduct&quot; criterion (I messed up the spelling above) which is defined by the board in this case as not meeting the obligations of a physician to treat patients.  It does not address Dr. Lakin&#039;s confinement (they learned to avoid that with Huet-Vaughn) just his reliability and his ability to honor his patients.  

I think that there was a 30 day window in which he could appeal the ruling which occurred in December of 2011.  He may have done so.

Dr. Huet-Vaughn never grovelled and to this day maintains that she was correct in her actions.  She is still winning awards from anti-war/peace groups and is involved in left leaning political movements.  She also still serves the area she was in during Desert Storm. She had an established practice in KS when the board censured her.  She paid a fine and that was the reason she could not go any further with the case.  Had she refused or paid a bond instead she may have won her case but the question of a felony was never brought up due to an error on her part. (Paying the fine.)</description>
		<content:encoded><![CDATA[<p>Bridgit,</p>
<p>The KS denial has nothing to do with his ability to practice medicine, rather it is based on a &#8220;dishonorable conduct&#8221; criterion (I messed up the spelling above) which is defined by the board in this case as not meeting the obligations of a physician to treat patients.  It does not address Dr. Lakin&#8217;s confinement (they learned to avoid that with Huet-Vaughn) just his reliability and his ability to honor his patients.  </p>
<p>I think that there was a 30 day window in which he could appeal the ruling which occurred in December of 2011.  He may have done so.</p>
<p>Dr. Huet-Vaughn never grovelled and to this day maintains that she was correct in her actions.  She is still winning awards from anti-war/peace groups and is involved in left leaning political movements.  She also still serves the area she was in during Desert Storm. She had an established practice in KS when the board censured her.  She paid a fine and that was the reason she could not go any further with the case.  Had she refused or paid a bond instead she may have won her case but the question of a felony was never brought up due to an error on her part. (Paying the fine.)</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Bridget Wilson</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31470</link>
		<dc:creator>Bridget Wilson</dc:creator>
		<pubDate>Tue, 07 Feb 2012 22:13:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31470</guid>
		<description>It probably would have helped his case if he was not still playing the birfer game. I still think there is a serious question whether this conviction impairs the doctor in the practice of medicine. Do I think he is a fool, yeah, pretty much, but I bet he can still take care of patients. Even doctors do stupid things. Comparison with lawyers is a little off target. Indeed, the treatment of Huet-Vaughn is a contrast. I don&#039;t know what the appeals process is in Kansas for med board decisions, but he may have a case if he gets a better lawyer than the ones who apparently promoted his kamikaze dive into a criminal conviction. Of course, he would be a better client if he 1.) shut up about the crusade against the POTUS, 2.) got a clue about the garden path he wandered down with the encouragement of his former counsel and 3.) grovelled a bit and put himself in a place (see, Huet-Vaughn) of serving the greater good. But, I don&#039;t anticipate that he will pick up the clue phone at any time in the near future.</description>
		<content:encoded><![CDATA[<p>It probably would have helped his case if he was not still playing the birfer game. I still think there is a serious question whether this conviction impairs the doctor in the practice of medicine. Do I think he is a fool, yeah, pretty much, but I bet he can still take care of patients. Even doctors do stupid things. Comparison with lawyers is a little off target. Indeed, the treatment of Huet-Vaughn is a contrast. I don&#8217;t know what the appeals process is in Kansas for med board decisions, but he may have a case if he gets a better lawyer than the ones who apparently promoted his kamikaze dive into a criminal conviction. Of course, he would be a better client if he 1.) shut up about the crusade against the POTUS, 2.) got a clue about the garden path he wandered down with the encouragement of his former counsel and 3.) grovelled a bit and put himself in a place (see, Huet-Vaughn) of serving the greater good. But, I don&#8217;t anticipate that he will pick up the clue phone at any time in the near future.</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by SueDB</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31469</link>
		<dc:creator>SueDB</dc:creator>
		<pubDate>Tue, 07 Feb 2012 20:21:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31469</guid>
		<description>I would think that the fact he took the two weeks leave, etc showed a lack of honesty concerning business.  He stole from his employer.

It doesn&#039;t sound like they trust his judgement. (duh)</description>
		<content:encoded><![CDATA[<p>I would think that the fact he took the two weeks leave, etc showed a lack of honesty concerning business.  He stole from his employer.</p>
<p>It doesn&#8217;t sound like they trust his judgement. (duh)</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Michael Keyes</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31468</link>
		<dc:creator>Michael Keyes</dc:creator>
		<pubDate>Tue, 07 Feb 2012 18:49:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31468</guid>
		<description>I&#039;m sorry, that&#039;s &quot;censure&quot;, not censor although I guess he thought they censored him too.  The Board very cleverly avoided the next paragraph of the law which mentions felonies as a criterium for denying license.

I guess they learned something from&lt;em&gt; Huet-Vaughn.&lt;/em&gt;</description>
		<content:encoded><![CDATA[<p>I&#8217;m sorry, that&#8217;s &#8220;censure&#8221;, not censor although I guess he thought they censored him too.  The Board very cleverly avoided the next paragraph of the law which mentions felonies as a criterium for denying license.</p>
<p>I guess they learned something from<em> Huet-Vaughn.</em></p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by stewie</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31467</link>
		<dc:creator>stewie</dc:creator>
		<pubDate>Tue, 07 Feb 2012 17:43:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31467</guid>
		<description>I&#039;m sure he has a bright financial future on the wingnut talk circuit. He chose this path, hard to feel sorry for a guy who threw away a promotion to O-6 and a guaranteed retirment worth millions.</description>
		<content:encoded><![CDATA[<p>I&#8217;m sure he has a bright financial future on the wingnut talk circuit. He chose this path, hard to feel sorry for a guy who threw away a promotion to O-6 and a guaranteed retirment worth millions.</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Michael Keyes</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31466</link>
		<dc:creator>Michael Keyes</dc:creator>
		<pubDate>Tue, 07 Feb 2012 15:48:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31466</guid>
		<description>I&#039;m a little surprised considering the action that the KS Board took against CAPT Yolanda Huet-Vaughn (a $5000 fine instead of losing the license) for the same thing, but then she already had a license and was treating an underserved population in Kansas City. (For reference: http://www.kscourts.org/cases-and-opinions/opinions/supct/1999/19990416/80362.htm) She appealed this fine stating that her confinement was not a felony but lost the case because she did not object to paying the fine at the time. The felony issue apparently was never decided. 

Of course, Dr Lakin never had a license to practice in KS, so the Board has wider discretion and does not have to defend the position that they think he was derelict in his actions. Dr. Lakin does not have a right to the license and the KS board (which is very conservative, believe me) would rather not have him practice in the state. 

As an aside, CAPT Huet-Vaughn was in my Reserve unit for a day or so and we all disapproved of her actions. Still, I did write a letter to the Board urging them not to take her license away as she was serving a very poor part of Kansas City, KS and seemed sincere in staying on there. The Board, from what I heard, was inclined to can her but made the decision to censor her instead. I think that was the right decision and I think they made the right decision concerning Dr. Lakin.</description>
		<content:encoded><![CDATA[<p>I&#8217;m a little surprised considering the action that the KS Board took against CAPT Yolanda Huet-Vaughn (a $5000 fine instead of losing the license) for the same thing, but then she already had a license and was treating an underserved population in Kansas City. (For reference: <a href="http://www.kscourts.org/cases-and-opinions/opinions/supct/1999/19990416/80362.htm" rel="nofollow">http://www.kscourts.org/cases-and-opinions/opinions/supct/1999/19990416/80362.htm</a>) She appealed this fine stating that her confinement was not a felony but lost the case because she did not object to paying the fine at the time. The felony issue apparently was never decided. </p>
<p>Of course, Dr Lakin never had a license to practice in KS, so the Board has wider discretion and does not have to defend the position that they think he was derelict in his actions. Dr. Lakin does not have a right to the license and the KS board (which is very conservative, believe me) would rather not have him practice in the state. </p>
<p>As an aside, CAPT Huet-Vaughn was in my Reserve unit for a day or so and we all disapproved of her actions. Still, I did write a letter to the Board urging them not to take her license away as she was serving a very poor part of Kansas City, KS and seemed sincere in staying on there. The Board, from what I heard, was inclined to can her but made the decision to censor her instead. I think that was the right decision and I think they made the right decision concerning Dr. Lakin.</p>
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		<title>Comment on Breaking news:  Partington files notice of appeal by Just Sayin'</title>
		<link>http://www.caaflog.com/2012/02/06/breaking-news-partington-files-notice-of-appeal/comment-page-1/#comment-31465</link>
		<dc:creator>Just Sayin'</dc:creator>
		<pubDate>Tue, 07 Feb 2012 11:21:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14058#comment-31465</guid>
		<description>Socrates,

I know a number of attorneys in the Navy JAG Corps who would disagree with your last statement.  Not only have there been a slew of baseless ethics &quot;investigations&quot; but the charges on some were beyond laughable.  All were ultimately dismissed, though I wonder how much of it was due to the integrity of the investigative process, and how much of it was due to certain members of the SASC getting ahold of it and asking some pointed questions.  Still, now because of the overzealous vindictiveness of certain members of the JAG Corps, when each of these attorneys fills out a bar application, the answer to the question &quot;have you ever been the subject of an ethics complaint&quot;, the answer is yes, regardless of the fact it proved meritless.

The uniform doesn&#039;t give you immunity if they need a scapegoat. </description>
		<content:encoded><![CDATA[<p>Socrates,</p>
<p>I know a number of attorneys in the Navy JAG Corps who would disagree with your last statement.  Not only have there been a slew of baseless ethics &#8220;investigations&#8221; but the charges on some were beyond laughable.  All were ultimately dismissed, though I wonder how much of it was due to the integrity of the investigative process, and how much of it was due to certain members of the SASC getting ahold of it and asking some pointed questions.  Still, now because of the overzealous vindictiveness of certain members of the JAG Corps, when each of these attorneys fills out a bar application, the answer to the question &#8220;have you ever been the subject of an ethics complaint&#8221;, the answer is yes, regardless of the fact it proved meritless.</p>
<p>The uniform doesn&#8217;t give you immunity if they need a scapegoat. </p>
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		<title>Comment on This Week in Military Justice – 5 February 2012 by Zachary Spilman</title>
		<link>http://www.caaflog.com/2012/02/06/this-week-in-military-justice-5-february-2012/comment-page-1/#comment-31464</link>
		<dc:creator>Zachary Spilman</dc:creator>
		<pubDate>Tue, 07 Feb 2012 09:10:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14052#comment-31464</guid>
		<description>&lt;p&gt;My typo, now corrected. The court wrote &quot;clear.&quot;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>My typo, now corrected. The court wrote &#8220;clear.&#8221;</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by RY</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31463</link>
		<dc:creator>RY</dc:creator>
		<pubDate>Tue, 07 Feb 2012 08:39:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31463</guid>
		<description>Whether or not he had a replacement is irrelevant. It&#039;s like an attorney being detailed to a court and then refusing to show up.  The fact that another attorney takes over only goes to whether the client was harmed.  The issue still remains that the attorney violated professional responsibilities.  In this case, Lakin skirted his responsibilities for political purposes.  Doesn&#039;t matter that another doctor stepped in; that shouldn&#039;t happen.  Political ideology should have no bearing in performance of duties in the military or civilian context.  Our professions, lawyers or doctors, don&#039;t allow rejection of duties because we don&#039;t like our boss.  I think the licensing decision was solid... he should face some ramifications for unprofessional decisions.  I don&#039;t think that should be permanent, however, but more like a period of suspension or probation.</description>
		<content:encoded><![CDATA[<p>Whether or not he had a replacement is irrelevant. It&#8217;s like an attorney being detailed to a court and then refusing to show up.  The fact that another attorney takes over only goes to whether the client was harmed.  The issue still remains that the attorney violated professional responsibilities.  In this case, Lakin skirted his responsibilities for political purposes.  Doesn&#8217;t matter that another doctor stepped in; that shouldn&#8217;t happen.  Political ideology should have no bearing in performance of duties in the military or civilian context.  Our professions, lawyers or doctors, don&#8217;t allow rejection of duties because we don&#8217;t like our boss.  I think the licensing decision was solid&#8230; he should face some ramifications for unprofessional decisions.  I don&#8217;t think that should be permanent, however, but more like a period of suspension or probation.</p>
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		<title>Comment on This Week in Military Justice – 5 February 2012 by Socrates</title>
		<link>http://www.caaflog.com/2012/02/06/this-week-in-military-justice-5-february-2012/comment-page-1/#comment-31462</link>
		<dc:creator>Socrates</dc:creator>
		<pubDate>Tue, 07 Feb 2012 05:45:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14052#comment-31462</guid>
		<description>In Warren, the NMCCA case argued last week, did the court mean to say &quot;clean&quot; and unambiguous - or &quot;clear&quot; and unambiguous?  I guess a CA should always use &quot;clean&quot; language.  After all, wouldn&#039;t it be bad for the CA to use dirty language?  For example, &quot;except for this a**hole&#039;s f&#039;n dishonorable discharge, I approve this G*d**n sentence!&quot;</description>
		<content:encoded><![CDATA[<p>In Warren, the NMCCA case argued last week, did the court mean to say &#8220;clean&#8221; and unambiguous &#8211; or &#8220;clear&#8221; and unambiguous?  I guess a CA should always use &#8220;clean&#8221; language.  After all, wouldn&#8217;t it be bad for the CA to use dirty language?  For example, &#8221;except for this a**hole&#8217;s f&#8217;n dishonorable discharge, I approve this G*d**n sentence!&#8221;</p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Christopher Mathews</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31461</link>
		<dc:creator>Christopher Mathews</dc:creator>
		<pubDate>Tue, 07 Feb 2012 04:38:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31461</guid>
		<description>@ BW:

He did have a replacement -- but per the Kansas board&#039;s decision, that&#039;s not good enough, ethically or professionally, to satisfy a physician&#039;s personal responsibility to the patients who come in seeking his care.  

You&#039;ll also recall, as COL Sullivan &lt;a href=&quot;../../../../2010/12/15/lakin-court-martial-day-two-part-iii/&quot; rel=&quot;nofollow&quot;&gt;reported&lt;/a&gt; during the trial, that MAJ Dobson -- the doctor who had to go to Afghanistan when Lakin refused to go -- missed some of his training and wasn&#039;t able to deploy with the unit:
&lt;blockquote&gt;
&lt;em&gt;When he arrived at Fort Campbell on 26 April, most of his squadron had already gone to Afghanistan.  He wasn’t able to attend the predeployment course required for deploying doctors.&lt;/em&gt;
&lt;em&gt;When he arrived in Afghanistan, his unit was on the Pakistani border in Kunar Province, just north of Jalalabad.  The previous unit had left a physician’s assistant behind to fill the gap when the 1-32 arrived without a doctor.  MAJ Dobson testified, “She was very happy to see me.”&lt;/em&gt;
&lt;em&gt;Then came the most powerful testimony of the court-martial.  On MAJ Dobson’s second day in country, his unit “had mass casualties” — a total of 16.  He testified that he felt he didn’t treat them as well as he could have had he had more time to prepare for his deployment. &lt;/em&gt;
&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>@ BW:</p>
<p>He did have a replacement &#8212; but per the Kansas board&#8217;s decision, that&#8217;s not good enough, ethically or professionally, to satisfy a physician&#8217;s personal responsibility to the patients who come in seeking his care.  </p>
<p>You&#8217;ll also recall, as COL Sullivan <a href="../../../../2010/12/15/lakin-court-martial-day-two-part-iii/" rel="nofollow">reported</a> during the trial, that MAJ Dobson &#8212; the doctor who had to go to Afghanistan when Lakin refused to go &#8212; missed some of his training and wasn&#8217;t able to deploy with the unit:</p>
<blockquote><p>
<em>When he arrived at Fort Campbell on 26 April, most of his squadron had already gone to Afghanistan.  He wasn’t able to attend the predeployment course required for deploying doctors.</em><br />
<em>When he arrived in Afghanistan, his unit was on the Pakistani border in Kunar Province, just north of Jalalabad.  The previous unit had left a physician’s assistant behind to fill the gap when the 1-32 arrived without a doctor.  MAJ Dobson testified, “She was very happy to see me.”</em><br />
<em>Then came the most powerful testimony of the court-martial.  On MAJ Dobson’s second day in country, his unit “had mass casualties” — a total of 16.  He testified that he felt he didn’t treat them as well as he could have had he had more time to prepare for his deployment. </em>
</p></blockquote>
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		<title>Comment on Breaking news:  Partington files notice of appeal by Socrates</title>
		<link>http://www.caaflog.com/2012/02/06/breaking-news-partington-files-notice-of-appeal/comment-page-1/#comment-31460</link>
		<dc:creator>Socrates</dc:creator>
		<pubDate>Tue, 07 Feb 2012 04:04:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14058#comment-31460</guid>
		<description>Indeed, United States v. Hurst reflects the idea that agressive argumentation that crosses the line and mischaracterizes the facts, but where no malicious intent is obvious, results in a mistake deserving a stern rebuke by the court.  However, implicitly, disbarring the attorney - or suggesting so to the JAG - would be too much. In addition, a cynical takeaway is that wearing the uniform provides some immunity from bar complaints. </description>
		<content:encoded><![CDATA[<p>Indeed, United States v. Hurst reflects the idea that agressive argumentation that crosses the line and mischaracterizes the facts, but where no malicious intent is obvious, results in a mistake deserving a stern rebuke by the court.  However, implicitly, disbarring the attorney &#8211; or suggesting so to the JAG &#8211; would be too much. In addition, a cynical takeaway is that wearing the uniform provides some immunity from bar complaints. </p>
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		<title>Comment on Former LTC Terrence Lakin Denied Medical License by Soonergrunt</title>
		<link>http://www.caaflog.com/2012/02/06/former-ltc-terrence-lakin-denied-medical-license/comment-page-1/#comment-31459</link>
		<dc:creator>Soonergrunt</dc:creator>
		<pubDate>Tue, 07 Feb 2012 02:51:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.caaflog.com/?p=14048#comment-31459</guid>
		<description>@Bridget Wilson--am I wrong in reading the board&#039;s refusal as they took the position that his refusal to go to Afghanistan was the same as a refusal to report to work at a clinic in a certain neighborhood vice the neighborhood where he wanted to be?  Because this whole sad affair has struck me that way from the get-go--
He would continue to serve if he could serve where he wanted to, on his terms, and not have to do what his superiors needed or wanted him to do, and disregarding &lt;em&gt;where&lt;/em&gt; he was needed because of his beliefs about the boss.  And for what it&#039;s worth, I don&#039;t really see the value to society in denying him a license to practice medicine.  I wouldn&#039;t hire him to work for the Army, but his political beliefs shouldn&#039;t preclude his ability to properly diagnose and treat a medical condition.</description>
		<content:encoded><![CDATA[<p>@Bridget Wilson&#8211;am I wrong in reading the board&#8217;s refusal as they took the position that his refusal to go to Afghanistan was the same as a refusal to report to work at a clinic in a certain neighborhood vice the neighborhood where he wanted to be?  Because this whole sad affair has struck me that way from the get-go&#8211;<br />
He would continue to serve if he could serve where he wanted to, on his terms, and not have to do what his superiors needed or wanted him to do, and disregarding <em>where</em> he was needed because of his beliefs about the boss.  And for what it&#8217;s worth, I don&#8217;t really see the value to society in denying him a license to practice medicine.  I wouldn&#8217;t hire him to work for the Army, but his political beliefs shouldn&#8217;t preclude his ability to properly diagnose and treat a medical condition.</p>
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