Oh, For Goodness Sake

Birther Lakin’s Case Looking FUBAR

It looks like LTC Lakin’s lawyers really screwed up his upcoming Article 32 hearing, scheduled for June 11. The Investigating Officer’s Ruling on Defense Request for Witnesses and Evidence boils down to this:

Court-Martial.com:

Sad, the defense was actually given the opportunity to submit a legal memorandum giving detailed facts and legal arguments to support production of evidence under R.C.M. 405(f)(9), (10). Inexplicably the defense failed to do that. I do not see any military judge saying that the IO’s determination was wrong. Especially as the defense failed to attempt an argument. I would suggest the issue is waived, at least as to the Article 32, UCMJ, hearing. … It seems very hard to argue, unfair even, to criticize “the Army” or the “IO” from hiding the ball if, having been given fair notice and an opportunity to argue, the defense waives or fails to exercise the opportunity to state their position with particularity supported by law.

Specifically allowed and denied, mostly denied:

I had trouble with the witness list. What could Birfers like Keyes and Vallely possibly contribute to a defense of an officer charged with failing to follow deployment orders? Lakin didn’t follow the orders, no question about that, and I don’t see how anything Keyes or Vallely might say, which would be relevant to the charges and could affect the outcome. The IO has already ruled out the eligibility issue by deciding that Obama didn’t issue a direct order to Lakin; the de facto officer doctrine dominates; and it’s a political question not properly decided by any government entity but Congress.

However, it’s been explained to me by attorneys with some experience or understanding of military law that Lakin will get to call his Birther witnesses, but with discovery already denied, with the eligibility issue tossed out altogether, their testimony will have to conform to rules of evidence for it to go anywhere. Birthers have no admissible evidence and no foundational evidence, no facts, no law–they never do; there is only an inchoate yearning for discovery.

IO Driscoll stated:

Although the Defense showing is paltry, my duty to investigate is broad. I must thoroughly examine all aspects of the matter, including the proof of each element of the charges, the applicable law, and all matters in extenuation or mitigation. With these principles in mind and in the interest of thoroughness and inclusiveness, I will allow testimony from these witnesses.

So they will have their few minutes in the sun before lack of relevance will undo them. Same as it ever was.

Still, I would agree with Col. Sullivan of CAAFlog: LTC Driscoll’s ruling nonetheless virtually guarantees that next Friday’s Article 32 hearing will be a circus.

Friends of Politijab will have observers at the circus hearing and I will post a report as soon as it is available.

Oh, dear. From a poster at Conservative Monster:

Pete wrote:
Where is Orly Taitz? She is a true Patriot and she knows how to smack down these cases… Lakin needs to get Lady Liberty to represent him, not that traitor Jensen… did you see they’re raising $500,000 to pay themselves? Disgraceful. Please appeal to Orly, she’s the only one that can really make a difference! The brave Alan Keyes will be there, but he’s no match for Orly’s brilliance.

Right. That’s all Lakin would need now, Orly Taitz.