| Mr. Robacynski, While we appreciate your concern and willingness to help, your continuing efforts serve no purpose. There is no such thing as getting a military case removed to a federal district court. To my knowledge it has never happened and never will, unless and until a military accused violate federal criminal law and the Attorney General asserts federal criminal jurisdiction either before or by mutual agreement after a court-martial process has begun. LTC Lakin has broken no federal criminal law under 18 U.S.C. Thus the Attorney General has no basis for asserting civilian federal jurisdiction in this case and a military criminal defendant (accused) has no entitlement to choose to bump his case into federal court. His charges allege violations of the UCMJ. Art 2 of the UCMJ gives the Army military criminal jurisdiction over LTC Lakin. The fact that he has been prevented from raising the defense his first legal team wanted to raise is of no moment. There is no such concept as jurisdiction over a defense when there is no federal statutory subject matter or in personam jurisdiction. You make a novel legal argument that no federal court would recognize, regardless of how compelling it might otherwise be. Thank you again for your willingness to assist. But we reject your recommended approach as it is not supported by federal or military law. Again, with all due respect, we decline to pursue a removal to federal district court. Your continuing support of LTC Lakin, however is greatly appreciated. V/r, Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Oct 14, 2010, at 8:08 AM, John Robacynski wrote: Neal,
I took a few minutes to draft a sample of what I mean
(attached) and i think the argument is compelling.
John |