LTC Lakin writ sitrep

Philip D. Cave

Here is a quote from an item on DMLHS’s Facebook wall.

Guess which of your favorite law firms just became “replacement counsel” on the Lakin case? Going to see what we can salvage.

Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. Either that or Neal is playing a birthday joke on Dwight.

In another of the continuing allusions to Monty Python’s black knight, here is a link to “LTC Lakin’s Lawyer Left Legless after Legal lancing.”

APF states that the 28 September 2010 rulings are:

Another big legal setback for the Walter Reed doctor who refuses to deploy to Afghanistan until he sees President Obama’s original birth certificate. . . . [T]hings aren’t going well for Lakin as his case heads toward trial on charges of missing a movement, disobeying lawful orders, and dereliction of duty.

True, but is it fair to say that there has ever been a time when things went well for LTC Lakin in the case or that a reasonable student of military law would have seen the lack of success to date, and in the future. Unfortunately for LTC Lakin his claims were frivolous to begin with in the context of his orders to deploy, travel, and report. LTC Lakin has made the profoundly flawed assumption that a political issue can be decided in a military court-room.

Courtesy of CAAFLog the brief accompanying the petition for a writ of mandamus is here.

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