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Old 09-04-2010, 02:43 PM
 
Location: Redondo Beach, CA
7,835 posts, read 8,437,263 times
Reputation: 8564

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Quote:
Originally Posted by ovcatto View Post

The only thing that Lakin is going to prove is just how much a blithering idiot he is!
You can say that again!
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Old 09-04-2010, 03:03 PM
 
31,387 posts, read 37,036,965 times
Reputation: 15038
A really good view of how cooked Lakin's goose is, read Philip D. Cave, CDR, JAGC, USN (Ret.) blog on the motion to dismiss. Pay particular attention to the fact that the ruling unequivocally rules that Lakin's orders were lawful!

"The military judge DENIED all of the discovery requests and witness requests related to the birth controversy. This was not unexpected. But what was unexpected was the breadth and detail of the rulings, because of the obvious impact on the lawfulness motion. Clearly the findings and rulings anticipated the next motions session. At the end of the military judge’s reading of her findings, Jensen appeared beaten down. He seemed so affected that for some time he failed to stand when talking with the military judge on the record. LTC Lakin remained impassive as always. The military judge’s findings and rulings seemed also to put a stake through the heart of LtGen McInerney’s affidavit and its relevance to the trial (by inference this would include MG Vallely and MG Curry).

...The defense conceded that with the military judge’s rulings, the orders were otherwise lawful. With that this case is back to the standard case one sees where a Soldier has missed movement and disobeyed orders.

...for all intents and purposes LTC Lakin is dead meat. The real question will be sentencing.
CAAFlog » Some very preliminary thoughts on the Lakin ruling
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Old 09-04-2010, 03:05 PM
 
31,387 posts, read 37,036,965 times
Reputation: 15038

YouTube - Queen - Another One Bites The Dust
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Old 09-04-2010, 03:22 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,168 times
Reputation: 3954
Quote:
Originally Posted by monkeywrenching View Post
cause for appeal.
Wrong.

Quote:
Originally Posted by monkeywrenching
since his case rests upon whether or not pbo is actually able to be potus as he is not qualified as he was not born in the USA or any of its land, it stands that the defense should be able to make their case, insead of having the judge throw their defense out.
You do not appear to be paying attention. He has no defense.

He has his reasons for violating his orders and missing his movements. But the judge has ruled that they are not a defense. There is no appeals court (military or otherwise) that will disagree.
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Old 09-04-2010, 03:23 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,168 times
Reputation: 3954
Quote:
Originally Posted by monkeywrenching View Post
too bad you dont know squat about military law.
For not "knowing squat" she turns out to be completely correct. Maybe it was just luck, but there it is.
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Old 09-04-2010, 03:24 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,168 times
Reputation: 3954
Quote:
Originally Posted by roysoldboy View Post
That is what those people in California thought when a majority of them voted against same sex marriage and a judge blew up their millions of votes.
You are making exactly zero sense.
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Old 09-04-2010, 03:27 PM
 
31,387 posts, read 37,036,965 times
Reputation: 15038
Quote:
Originally Posted by HistorianDude View Post
Wrong.


You do not appear to be paying attention. He has no defense.

He has his reasons for violating his orders and missing his movements. But the judge has ruled that they are not a defense. There is no appeals court (military or otherwise) that will disagree.
Another point that many of the military lawyers is that Lakin waived of his rights to appeal the Article 32 investigation where he might have actually had a shot at deposing at the very least the officials from Hawaii or for subpoena any records such as the birth certificate and by doing so, severely if not cut off any avenue for appealing the judges ruling on their motions.
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Old 09-04-2010, 03:29 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,168 times
Reputation: 3954
Quote:
Originally Posted by roysoldboy View Post
I wondered if anybody was ever going to get around to that video. Somehow I am pretty sure that it being so new maybe the whole thing has been reported without some of the words uttered by the judge. Here we go. It is time for THEM to throw around the validity of that word and what it means to THEM.
The word "embarrassment" means (in the sense used by the judge) an unconstitutional infringement by one branch of government on the dedicated responsibilities of another branch. It is a legal term that has nothing to do with anybody's emotional state.

It does not mean that there is any information in the Presidents records that he would be ashamed for anybody to see.

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Old 09-04-2010, 03:30 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,168 times
Reputation: 3954
Quote:
Originally Posted by roysoldboy View Post
So you is one of those naturalized citizens Ergohead referred to back a few posts?
Nope. I am a natural born US citizen.

I am also a dual citizen of the United States and Italy.

Both at the same time.

Just like the President and tens of millions of other Americans.
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Old 09-04-2010, 05:19 PM
 
19,226 posts, read 15,316,811 times
Reputation: 2337
Quote:
Originally Posted by ovcatto View Post
A really good view of how cooked Lakin's goose is, read Philip D. Cave, CDR, JAGC, USN (Ret.) blog on the motion to dismiss. Pay particular attention to the fact that the ruling unequivocally rules that Lakin's orders were lawful!

"The military judge DENIED all of the discovery requests and witness requests related to the birth controversy. This was not unexpected. But what was unexpected was the breadth and detail of the rulings, because of the obvious impact on the lawfulness motion. Clearly the findings and rulings anticipated the next motions session. At the end of the military judge’s reading of her findings, Jensen appeared beaten down. He seemed so affected that for some time he failed to stand when talking with the military judge on the record. LTC Lakin remained impassive as always. The military judge’s findings and rulings seemed also to put a stake through the heart of LtGen McInerney’s affidavit and its relevance to the trial (by inference this would include MG Vallely and MG Curry).

...The defense conceded that with the military judge’s rulings, the orders were otherwise lawful. With that this case is back to the standard case one sees where a Soldier has missed movement and disobeyed orders.

...for all intents and purposes LTC Lakin is dead meat. The real question will be sentencing.
CAAFlog » Some very preliminary thoughts on the Lakin ruling
I hate it when politics overrules law.

Law is about what is.

If no one can see it, is that is, then . . . maybe Clinton was right!
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