Comments

1
This is terrible news. It gives them a martyr, a poster boy. Someone to rally around. Regardless of any facts; they will make up whatever myth they need to use this guy. We know how well the left spun fantasies around Cindy Sheenan and Ehren Watada and Pat Tillman, as it suited their purposes.

Although a stronger birther movement will have more power to pull the Republican party away from the mainstream, or else force the Republicans to repudiate the birthers, casting them out and into a third party.

It's also bad news for sick soldiers. The Army has kept Terry Lakin on duty while awaiting court martial, so their medical advice is coming from a doctor with a demonstrably defective reasoning ability.
2
No, actually, we don't know how "the left spun fantasies around Cindy Sheenan and Ehren Watada and Pat Tillman..." But nice feint with the false equivalency gambit.

Regardless, it doesn't matter if Lakin is available as a martyr or not. The teabaggers have shown that they have no regard whatsoever for what the the legally constituted authority actually does or what the facts of the situation are - they simply make up whatever narrative is necessary to stoke their fake outrage.
3
Under Article 92 of the UCMJ every soldier has the DUTY to judge the legality of every order for his her herself. This is a good thing. It was a good thing when Watada did it, and it is a good thing now. What do you want, a military full of robots?!?! Or is it just b/c he is disobeying a Commander in Chief that you support that you are upset?

Now don't get me wrong, I think he is wrong in his belief that his orders were illegal, just like I think Watada was wrong in his belief. HOWEVER I fully support the right/duty of any soldier to question any order that they feel is illegal.
4
Uh, and what do you bet that most fans of Watada aren't fans of this guy? The inconsistency of political partisans is usually bi-directional. (Kudos to Anc @ 3 for his consistency, though.)
5
I am more concerned that someone who is clinically leotarded was able to reach the rank of Lt. Col, and get an MD.
6
@3: He is being rightfully prosecuted just as Watada was. The proscription to obey "lawful orders" refers to a duty to ensure that acts on the battlefield are just, conform to the doctrine of "jus in bello".

1LT Watada's mistake was in assuming that Article 92 conferred him standing to judge "jus ad bello", judge the legality of the war itself. Uniformed service members have no such standing; the standing to determine jus ad bello lies strictly with Commander in Chief - for better or worse. Where there is contention regarding the CiC's application of jus ad bello, remedy lies in the hands of the Congress and/or the Supreme Court - not individual service members.

LTC Lakin's mistake is self-apparent; even under Article 92 service members do not enjoy standing to make compliance with orders contingent on their accepting legitimacy of the members of their chain of command.
7
Like all birthers, he's a big talking bullshitter who got that 'fraidy pants when he was called upon to do something more than dress up all pretty and wave a flag.
8
Notes on jus ad bellum and jus in bello: http://en.wikipedia.org/wiki/Jus_in_bell…
10
@6 except that you are leaving out the Dualist nature of US law with respect to international law. Int. Law is not automatically incorporated into the US domestic legal system and process. Unless congress allowed for officers and enlisted service-members to challenge their orders through the Uniform Code of Military Justice (don't know if there is or not) there would be no remedy for a potentially illegal order.
11
FACT: Barack Hussein Obama has refused to prove his eligibility to be POTUS. Until he does, every bill he signs (including the Marxist Fascist health care bill), and especially every order he gives as CIC, are suspect.

He should be considered a usurper until he does.

WHere's the birth certificate???
12
FACT: I can say shit and it magically becomes true.
FACT: Trolls are for lols. And lulz.
FACT: Ho = 70.5 km/s/Mpc +/- 1.3 km/s
FACT: FACT!
13
@1: It's a sad state of affairs when justice takes second seat to avoiding having stupid people mad at you.

@9: "Osama bin Sex Kitten" made me thrash violently around in a laughter-induced conniption.

@11: This is my appraisal of your argument's approximate value: http://broink.files.wordpress.com/2008/0…

@12: Formula for trolling:
1. Go on SLOG or similar forum.
2. Spout a bunch of stupid shit that has about a teaspoon of logic total.
3. ????
4. PROFIT!!!!
14
I wouldn't question Lt. Col. Lakin's cojones. I would question his gray matter. The Watada case is completely off-point: Watada questioned the legality of the nature of his orders, whereas Lakin questions the chain of authority. I think Watada's case could have arguments on both sides. Lakin's case has him bucking for a Section 8. Maybe that's his goal.

Oh, and the birther troll (@11) is, yes, a troll, and yes, an idiot.
15
Looks like Lord Basil forgot to log out of another account @11, or has he switched identities?
16
@10: The national or international source of a given law is not germane. The UCMJ - and more importantly, its body of case law - confers no right or duty for service members to invoke jus ad bellum violation claims as a defense.

No Lexis/Nexis or FindLaw access at the moment - I would welcome citations that you think refute this.

Moreover, to my knowledge, officers of Watada's rank - low company grade officers - weren't tried with jus ad bellum offenses at Nuremburg. Perhaps they were at ICTY - that could establish some precedent for establishing standing.
http://www.icty.org/action/cases/4

FWIW, there's a growing community of practitioners who believe that the UCMJ is in need of reform on this point and others.
17
Reassuring to know you can be right and still be an asshat at the same time. No he/we shouldn’t be in Afghanistan, but what an Rtard for not thinking Hawaii is in the US. Shouldn’t geography be a required subject – ie. You have to know what country you’re in AND where it is on a map before you can feel warm and fuzzy about killing people?
18
I've asked it before and will ask it again: Why did the anti-war protests go away right after January 20, 2009? And you all know if it was McCain who had won we'd still have the protests going on all the time.

Liberal hypocrisy. Had to be said
19
There are recognised valid reasons a person can object to serving. This is not one of them. And it should not be because it's bogus. It always amazes me how the right "thinks" that just because a lie is repeated endlessly, it should be regarded as true.
20
I have a "Certificate of Live Birth" from the state of California. It has an official seal, and all the pertinent information that a Birth Certificate should have. I don't even know if California has a "long form" Birth Certificate. (More babies are born in California that any other state, so you'd think this would have come up sometime before 2008.)
My Certificate of Live Birth has been accepted for Social Security registration, Selective Service registration, Voter registration, and federal financial aid (college). I've also served on a couple of juries, but was not asked to produce documentation of my birth for that.

FACT: I must have been born in Mexico, since I can't produce a "long form" Birth Certificate, whatever the hell that is. Therefore, I should have to repay all my federal student aid, any election I participated in should be invalidated, and the jury verdict I handed in as a foreman should be overturned. And my brother, who has the exact same credentials, should be kicked out of the USAF after 24 years of service for the same reason.

Damn, we almost got away with our pre-natal plan to destroy America.
21
@18: They're still going on. There was one in March on the anniversary of the war. There is much consternation with Obama from those to his left.
22
There are still war protests going on #18, perhaps you should open your eyes.
23
He needs to be stripped of his rank, uniform and benefits, court-martialed, convicted and shot. This piece of shit in an officer's uniform could have resigned January of last year, but he didn't. He was satisfied sitting in a nice government job enjoying the paycheck and the pension on the other side of 20 years as well as all the honor of wearing the uniform. He's a chicken-shit traitor seditionist. Fuck him.
24
@23: Retirement pay isn't a pension. Retirement is a form of reserve service; as reservists, many of these soldiers have been recalled from retirement to serve.

If he is unwilling to serve, he needs to be discharged - WITHOUT retirement reserve pay.
25
I'll bet he's one of these guys. Ironically, they refer to themselves as "oath keepers."
26
Fracking Traitor.
27
Thanks, Malamute, for your comments in this thread. It's been so long since anyone on Slog knew what they were talking about, I'd forgotten what it was like.

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