In reference to Military Law Manual: Authority to order courts-martial resides with the Commander-in-Chief.
And Mr. Sullivan gave me his opinion. Here is my answer to him and his words.
Thanks for your opinion Mr.Sullivan I'm not a lawyer, my English is broken since is not my first language, I posted the link to the article by Fitzpatrick, I thought it was educational, but I would like to ask you some questions since I guess you are a lawyer and please forgive me if I give my opinion on another issue. I will understand since is not related to the Court Martial if you ignore me. I will post this at the source of the article at http://www.thepostemail.com/2010/09/19/military-law-manual-authority-to-order-courts-martial-resides-with-the-commander-in-chief/
This review is now complete. And as Commander-in-Chief, I have determined that it is in our vital national interest to send an additional 30,000 U.S troops to Afghanistan
If Obama is a Constitutional president and per the Constitution the Commander in Chief like he said he is and he determined to send troops, why any judge or any military in service who took the Oath to the Constitution could not ask, verify or make sure after so many cases in court or comments by Constitutional experts to see his real long birth certificate verified by Hawaii as step one for his Constitutional post? Then after is done by the State ,the Senate should declare him natural born as they did with McCain, both parents at birth had to be citizens but Obama's father was not citizen, then Senate will not override what they declare before it will have to be done by the Supreme Court, but they do not want to get involved like Judge Thomas said at Congress. What should We do then? Let it go, wait few years for the truth to come out or solve now by two ways, first at this Court Martial or an investigation by Congress to impeach the Usurper.
Ms. Mata, Colonel Winthrop indicated that the President has the power to convene general courts-martial as both an incident of his Commander in Chief authority and by statute under the Articles of War. Under Article 22(a)(1) of the UCMJ, that continues to be the case. But the President’s own power to convene general courts-martial doesn’t mean — and it isn’t the case — that military officers derive their authority to convene courts-martial from the President. Article I, Section 8, clause 14 of the Constitution gives Congress the power and authority “To make Rules for the Government and Regulation of the land and naval forces.” Congress exercised that power by adopting the Uniform Code of Military Justice (UCMJ). Article 22 of the UCMJ (10 U.S.C. 822) governs who may convene general courts-martial. Among the classes of individuals so authorized is “any other commanding officer designated by the Secretary concerned.” There is almost certainly a Department of the Army General Order in which the Secretary of the Army has designated the Commander of the Military District of Washington as a general court-martial convening authority. That is the source of the convening authority’s power to create the general court-martial that is currently trying LTC Lakin and to refer LTC Lakin’s case to that general court-martial.
BTW, Walter Fitzpatrick’s account of history is seriously flawed.