In a Fox News report we learn that failed presidential candidate Alan Keyes thinks Lt. Col. Terry Lakin is on the right track disobeying orders to force the issue of Obama’s eligibility at a court martial. Keyes said:
It is a matter of common sense that he would be allowed to put on a defense that explains why he did what he did…. And that means he would be allowed to conduct an investigation that would establish his reason.
Not so according to several military lawyers contacted by Fox News:
“He is likely to lose everything and accomplish nothing,” one attorney lamented. “No military judge will say that (obtaining documents) of the president is necessary to prove the charges,” said Philip D. Cave, a Washington attorney and director of the National Institute of Military Justice.
One notes that the Uniform Code of Military Justice, not “common sense” will be the standard by which Lakin will be tried and the only “investigation that would establish his reason” will be a psychiatric examination.