The unsworn statement then moved into a discussion of LTC Lakin’s violation of COL Roberts’ orders to report to his office. LTC Lakin seemed genuinely remorseful concerning those offenses. He said that Mr. Jensen advised him that refusing to meet with COL Roberts would be consistent with failing to deploy until he received confirmation of the President’s eligibility.
LTC Lakin stated that he didn’t say, “You had your chance,” in refusing to meet with COL Roberts. He said he would never say such a thing to COL Roberts. He believes that it was Paul Jensen who made that statement to LTC Judd. He said that he ultimately went to see COL Roberts, but in response to questions from Mr. Puckett, he said that he should have gone the first time he was ordered to and he should have gone the second time he was ordered to.
The questions-and-answers then addressed the advice that LTC Lakin had received from his military defense counsel, MAJ Kemkes. He originally spoke to MAJ Kemkes before submitting his Article 138 complaint to General Casey. He said that MAJ Kemkes advised him to see COL Roberts as ordered and not to violate his order to deploy. He said that when he, MAJ Kemkes, and Paul Jensen spoke together, Mr. Jensen would “give a disclaimer saying, ‘I can’t advise you to violate the law.’” But in private conversations that didn’t include MAJ Kemkes, Mr. Jensen would say that violating his orders “would be consistent with what I was doing.”
Mr. Puckett asked, “When you failed to go to BWI, did you know you were crossing a line.” By this point, Mr. Puckett was practically shouting at his client, asking the questions in a harsh tone in an apparent attempt to elicit an emotional response from the normally stoic LTC Lakin. LTC Lakin agreed he was crossing a line. Mr. Puckett asked, “Did you know there would be consequences?” LTC Lakin agreed that he did.
Mr. Puckett then observed that LTC Lakin had been selected for promotion to colonel. He gave that up, LTC Lakin said, because “I had to weigh what the risks were for our Constitution.” He referred to the Founding Fathers and said, “Risking my career and confinement is a small order compared to them.”
Mr. Puckett asked, “What would have happened if you’d been invited to General Casey’s office and the process was explained to you, that as long as the President is in office, he carries its full weight and authority?” LTC Lakin replied, “I would have valued that input. I was begging for that input.” But “no one did that.” Mr. Puckett asked, “You came to your own conclusion” that he had to take “this final, last-ditch effort.” LTC Lakin says he “found confirmation I was upholding Army values by challenging this in garrison.” He said doing so in garrison was “less disruptive than questioning from the battlefield.”
In response to further probing by Mr. Puckett, LTC Lakin agreed that “Army commanders have their own authority” and that “COL Roberts’ authority exists completely independently of the Commander-in-Chief.” He said he understands that the Army as an institution is going to be unable to answer his questions. He said he was not a conscientious objector and “I would deploy tomorrow.” Mr. Puckett–in a tone that sounded more like a prosecutor cross-examining LTC Lakin than his own lawyer–asked, “What’s different now?” LTC Lakin responded, “I sought everything I could. I came up short. It can’t be answered by the Army.” Mr. Puckett asked, “Would you do this again?” LTC Lakin answered, “No.” Referring to the interview that the government had played during its case in chief in which LTC Lakin said he would take the same actions again, Mr. Puckett asked, “What’s changed?” LTC Lakin said he now had better information. He agreed that his answer on the Barry Farber Radio Show saying he would do the same thing again was based on inadequate information.
Mr. Puckett then referenced the members panel and asked, “Why should these good people let you keep your job?” LTC Lakin responded, “I want to serve. I have skills the Army could use, particularly on the battlefield.” He talked about his manipulation skills and his ideas about using acupuncture on the battlefield to relieve stress. He said he doesn’t know of anyone else who has his training combining family medicine, occupational medicine, acupuncture, and being a flight surgeon.
Mr. Puckett then became harsher still, referring to the “giant image” the members had seen “saying you invited this court-martial.” He asked, “How do you feel? Are you proud of that?” LTC Lakin responded, “No. It’s crushing. It’s crushing to my family.” Still more harshly, Mr. Puckett asked, “That little 3-year-old,” gesturing to the giant family photo still being projected on the wall. “How would that little 3-year-old feel about visiting you in jail on Christmas Day, if you’re even close enough for your family to see you.” And with that, the tears came. LTC Lakin said, “I’ve cried about this so many times. I’ve cried for a year. I can’t believe this is happening in this country.”
Mr. Puckett pressed on: “If these good people send you to jail, those beautiful people will have to live with the image of seeing you through bars or through Plexiglas.” LTC Lakin answered, “I wish I’d taken another path. I wish I’d gotten more assistance. I wish I’d gotten better guidance.”
No doubt realizing that it sounded like his client was trying to blame others for his predicament, Mr. Puckett asked, “It is the Army’s fault?” LTC Lakin’s answer was so quiet, I couldn’t hear it. Mr. Puckett practically shouted, “It’s all your fault.” Again, the answer was inaudible. Mr. Puckett asked, “If you got orders to go to BWI tomorrow, would you go?” That answer I would hear: “Yes.” Turning confrontational again, Mr. Puckett asked, “But how can you go? Your questions haven’t been answered.” LTC Lakin replied, “It’s my duty.” Mr. Puckett asked if COL Roberts were there, what would LTC Lakin say to him. LTC Lakin answered, “I’m sorry all this happened. It’s so difficult for me. I thought I was choosing the right path and I did not.”
Mr. Puckett asked, “Would you advise a sergeant to follow this path?” LTC Lakin answered, “Never. I never did say that to anyone.” He repeated, “I chose the wrong path.”
Mr. Puckett asked, ”What are you willing to do to continue to be a flight surgeon in the U.S. Army?” LTC Lakin answered that he would “deploy any time.” He also expressed a willingness to serve confinement to remain in the military.
Turning harsh again, Mr. Puckett said, “It’s Judgment Day. You invited this court-martial, so you invited a sentence. Are we done disobeying orders, LTC Lakin?” LTC Lakin replied, “Yes, we are. Forever.”
Mr. Puckett then asked LTC Lakin if there was anything else he wanted to say to the members. He replied: “I’m extremely sorry for everything that’s become of this. It’s a unique situation. This never happened before. As a military member, I was wrong for pushing this issue.” Mr. Puckett closed by observing that for the rest of his life, LTC Lakin would have a federal conviction.
And then the defense rested.
By then it was after 1800. Court recessed for the night, which in essence gives the government all night to compare LTC Lakin’s unsworn statement with his previous YouTube videos and television and radio interviews, looking for quotations to contradict what he said in court.
The trial resumes with an Article 39(a) session at 0830 on Thursday followed by a session with the members at 0900. It seems likely that the members will begin their sentencing deliberations sometime Thursday morning.
