Re: LTC Lakin Defense - draft notice of removal

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
www.puckettfaraj.com

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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