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Originally Posted by DraggingCanoe
Ltc Lakin should be allowed to explain why he failed to report or missing movement. The presiding officer will not be able to stop it from getting in.
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Oh, I'm sure that he will be afforded the opportunity to give his reasoning.
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Once that happens Obamas eligibility must be addressed.
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You couldn't be more wrong. You can make any excuse that you like, but a trial judge is under no obligation to allow inculpatory evidence. In this case, specification 1, violation of Article 87 of the UCMJ missing movement. Either Lakin missed movement or he didn't. So far from what I am reading the only excuse is the physical inability to do so. As for specifications 2 and 3, disobeying a direct order... the order didn't come from Obama, it came from so low down in the chain of command that it would almost require that every person above his immediate commander would have to be called to ascertain the legality of the order. I might be wrong, but I can't for the life of me imagine a trial judge allowing that kind of fishing expedition.
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Unless Tony Soprano gets involved and makes LTC Lakin disappear, Obama will not be able to suppress his eligibility.
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As much as Lakin might hope and pray, this trial isn't even going to be about Obama because if you know anything about military justice, they weren't about to charge him without having a damned good idea about the scope of evidence that a trial judge would allow. And, if they thought for a second that this would become a political circus they would have never charged him to begin with.
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If the presiding officer does not ask LTC Lakin why he failed to report or missed movement..they might as well drop the charges.
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The presiding officer isn't going to ask him why he missed movement or why he disobeyed a direct order, that will only come up if Lakin takes the stand and his attorney asks the question. The question will be asked, the question will be answered. It will be entered into the record and that will be end of it.
Frankly, as I think about it, I haven't the slightest idea of how they would even begin to insert Obama's eligibility into the trial to begin with.
(Thinking out loud)
It would seem to me that the court would have to grant motions to depose Obama, and the custodian of record for the state of Hawaii, along with whatever birth certificate the state provided.
Of course deposing Obama is a waste of time since he obviously can't testify as to where he was born (think about it). So the only relevant issue will be the testimony of the custodian of records for Hawaii and whatever birth certificate the state chooses to supply the court.
Frankly, I don't even know if a military court can issue a subpoena for state records.
Anyway, the in all likelihood the state will supply the birth certificate that is already in the public domain and the court will have little argument for refusing to accept it.
(Thinking out loud, loudly)
Even playing devil's advocate,
LAKIN IS SO SCREWED!
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