FORMAL CHARGES FILED AGAINST HIGHLY-DECORATED FLIGHT SURGEON
by Sharon Rondeau
(Apr. 22, 2010) — The American Patriot Foundation is reporting that charges have been filed against Lt. Col. Terrence Lakin, an Army medical doctor who has asked Obama to produce his long-form birth certificate to prove that he is a natural born Citizen and therefore eligible to serve as Commander-in-Chief of the U.S. military.
According to the website, Lt. Col. Lakin has been charged with “Missing Movement” and “disobeying a direct order.”
On Tuesday, Lt. Col. Lakin and his attorney, Paul Jensen, were on the G. Gordon Liddy radio program discussing the case and charges.
There is a link to the charge sheet from the American Patriot Foundation website which at the time of this writing is not functional or leads to a blank page. This issue has been reported to the webmaster. However, the document can be found on Scribd here.
Lt. Col. Lakin announced his intentions to refuse to follow orders on March 30, 2010. The original press release reads, in part, “Article II, sec. 1 of the U. S. Constitution explicitly provides that only “natural born” citizens can serve as president and commander-in-chief. Mr. Obama’s continuing refusal to release his original 1961 birth certificate has brought Lt. Col. Lakin to the point where he feels his orders are unlawful, and thus MUST be disobeyed.”
Kathy, Vic Hern, friends (may I use this term?),
We did regarding ac360 site what we could.
There is some news: now the screen for everybody (except us) looks like this:
1) the article;
2) 2 comments – by Jennifer O and by JamesX;
3) a closing note (a NEWS):
“Comments have been closed for this article”
For anyone of us between ## 2) and 3) there is his/her comment(s) with a note:
“Your comment is awaiting moderation.”
We understand that our comments will never be published there.
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One more thing before the obvious question – Where we are going from here?
Vic Hern,
I’d agree with “I just happen to believe that simple=better” but with a very important addition: that simple thing has to be correct. Sorry, your equation isn’t correct. Please read an analysis of proper materials in the Constitution – “The ultimate proof of Obama’s Ineligibility to be President Of The United States (POTUS) according to the Constitution”
http://www.thepostemail.com/2010/03/26/who-is-barack-obama/comment-page-1/#comment-6687
=============================================
Where we are going from here?
I’m glad that because of this ac360 event I maybe(?) got your attention.
Please use this information – read it through:
http://www.thepostemail.com/2010/04/20/we-are-the-media/comment-page-1/#comment-8869
Follow all links on your way – in particular this
http://www.thepostemail.com/2010/04/19/constitutionalist-challenges-conservative-talk-show-host-on-presidential-eligibility/comment-page-1/#comment-8517
and the first link above (“The ultimate proof of Obama’s Ineligibility to be President Of The United States (POTUS) according to the Constitution”).
Let’s win this battle for upholding the Constitution!
==============================================================
…………just posted this on that site…………
Vic Hern April 26th, 2010 9:33 am ET
Your comment is awaiting moderation.
…The National Press frequently gets itself involved in that process with
investgations, documentations, pointed questions, and opinions…….
Please recall that Dems in Congress spurred on by The New York Times questioned John McCain’s natural born citizen status.
They knew what the terms meant.
No excuse or reason for them not to.
Since this happened before the current presidents issues came to light of day, one could say the birther movement was started by Congressional Democrats and the press.
…………from older comments………….
Either equation is fine. I just happen to believe that simple=better. Their attention span is short and their eyes roll over if you feed them too much info at once.
Make it simple and perhaps it will spur them to look-up the correct answers and terms themselves.
This is what my page looks like………..what does yours show?
http://ac360.blogs.cnn.com/2010/04/21/the-truth-about-barack%e2%80%99s-birth-certificate/comment-page-1/#comment-1055940
2 Comments
Jennifer O April 21st, 2010 2:07 pm ET
Doesnt matter. People will say its a fake. I dont know why this smear continues, except that in general people are negative and destructive.
JamesX April 21st, 2010 5:05 pm ET
It continues because some people are too lazy or dumb to check up on facts before the “gossip” about it. If everyone took personal responsibility on things they present as fact we would not have this problem.
Vic Hern April 25th, 2010 7:38 am ET
Your comment is awaiting moderation.
Natural born citizen=both parents citizens.
Excuses in this day and time for not knowing this=ignorance
Vic Hern April 25th, 2010 8:31 pm ET
Your comment is awaiting moderation.
Eligible nominees for President and Vice-President of The USA must be vetted by National Political Committees and certified by The Secretaries of State of each of the States to be natural born citizens.
Not just native born or naturalized citizens.
The National Press frequently gets itself involved in that process with
investgations, documentations, pointed questions, and opinions.
This is just more proof of CNN’s censorship. I had tried to post comments before I posted the link for you guy’s here. As of now they are still awaiting moderation. My coments are below. I’m guessing that they will never be posted.
Kathy April 25th, 2010 12:59 am ET
Your comment is awaiting moderation.
Anderson, wakeup! Do your job as a journalist and investigate this. The American people are doing this on their own and eventually, you so called journalists will look like fools instead of just corrupt. Anyone who has done any kind of research at all can tell you that things are not right. Be a true American Journalist. Stand up for freedom of the press. Investigate this and expose the truth whatever it is. The American people have the right to know. Our Constitution demands it and what you reference in your link proves nothing. Do your homework!
Kathy April 25th, 2010 1:28 am ET
Your comment is awaiting moderation.
Anderson,
If BHO was born in Hawaii as stated and BHO SR. was his father, he is not a NBC eligible to hold the office of President. Documents are need to challenge this presidency if this is indeed the case. The statements BHO himself has made, make him not eligible, but the courts are refusing to hear the cases stating jurisdiction. This is the United States of America and we and our forefathers deserve better Why is the main stream press allowing themselves to be censored and not exposing the bigest story for generations?.
Kathy April 25th, 2010 1:33 am ET
Your comment is awaiting moderation.
Anderson & Company,
If BHO was born in Hawaii as stated and BHO SR. was his father, he is not a NBC eligible to hold the office of President. Documents are need to challenge this presidency if this is indeed the case. The statements BHO himself has made, make him not eligible, but the courts are refusing to hear the cases stating jurisdiction. This is the United States of America and we and our forefathers deserve better Why is the main stream press allowing themselves to be censored and not exposing the bigest story for generations?
I tried but it seems I was right in my expectations.
=========================================================
http://ac360.blogs.cnn.com/2010/04/21/the-truth-about-barack%e2%80%99s-birth-certificate/comment-page-1/#comment-1055940
btw April 25th, 2010 6:15 pm ET
Your comment is awaiting moderation.
I’m inviting JamesX and other persons with similar views (I’m sure that they are NOT “… too lazy or dumb to check up on facts …”) to check the following statement:
Natural Born Citizens = “…those born in the country, of parents [plural] who are citizens” (according to Vattel; the same inference we have by an analysis of Article 2 and 14th Amendment of the Constitution:
http://www.thepostemail.com/2010/03/26/who-is-barack-obama/comment-page-1/#comment-6687 ).
I hope that moderators will allow those person(s) mentioned above to realize their abilities.
Thanks!
==========================================================
Vic Hern says:
Sunday, April 25, 2010 at 12:23 PM
“Posted this earlier=comment #3.
Vic Hern April 25th, 2010 7:38 am ET
Your comment is awaiting moderation…”
I understood your hint about policies on ac360 site and will try – I’m sure with the same success.
May I correct your equation?
Natural Born Citizens = “…those born in the country, of parents [plural] who are citizens” (according to Vattel; the same inference we have by an analysis of Article 2 and 14th Amendment of the Constitution:
http://www.thepostemail.com/2010/03/26/who-is-barack-obama/comment-page-1/#comment-6687 ).
Posted this earlier=comment #3.
Vic Hern April 25th, 2010 7:38 am ET
Your comment is awaiting moderation.
Natural born citizen=both parents citizens.
Excuses in this day and time for not knowing this=ignorance
http://ac360.blogs.cnn.com/2010/04/21/the-truth-about-barack%e2%80%99s-birth-certificate/comment-page-1/#comment-1055629
Kathy says:
Sunday, April 25, 2010 at 12:07 AM
“…I thought that it was interesting that I ran into this AC360 blog about the BC dated 4-21-10. Let’s flood it with comments.”
Yes, but it would be polite to follow you.
I read the article from Anderson Cooper. There were over 19 comments posted as of 1:00 est today. Most argued the Hawaii bc issue is ridiculous and racist. My comment presented the NBC issue re: Article 2, Section 1, pargraph 5. “No person except a Natural Born citizen,……” and I therefore emphasized the bc issue is only secondary.
As of 10:00 pm est all comments had been deleted arguing the Hawaii bc controversy and of course mine. What a cover up! The NBC issue must be a serious sore spot for the lame stream lap dogs! No wonder Cooper and CNN’s ratings have dropped 42%. I hope O’Reily’s and MK’s suffer the same.
————
Mrs. Rondeau replies: I think they’re all very worried.
Well…now comments are closed. Except the first two slamming those who question of course. This is the most outrageous thing I’ve ever witnessed. If I were not so afraid I would laugh.
Vebbuler (Friday, April 23, 2010 at 4:39 PM) made a point that LTC Lakin “…is being punished for:’violating or failing to obey any lawful general order or regulation.’ ”
How to resolve this charade?
I don’t know much about detailed army’s rules and regulations. But I think I’m correct in understanding that every officer takes the oath to support and defend the Constitution. So this duty becomes the first and most important duty in comparison with other duties. If someone unlawfully takes a postition of C-in-C, it’s a duty of all generals and officers to defend the Constitution. If they don’t do that, they become “unlawful”; so all orders become unlawful until the unconstitutional C-in-C is removed from his position.
Sorry, I forgot the link. I thought that it was interesting that I ran into this AC360 blog about the BC dated 4-21-10. Let’s flood it with comments.
http://ac360.blogs.cnn.com/2010/04/21/the-truth-about-barack%e2%80%99s-birth-certificate/comment-page-1/#comment-1055629
I thought it was interesting that I ran onto this link to AC360 blog about BC dated 4-21-10. It may not help, but let’s flood it with comments.
Yes, B Fuller, I agree. As a legal matter, his biological Father is whoever was listed on his BC. When a child is adopted however, they get a new BC listing their adoptive Father as the Father of the child. Thus if BHO Sr. is listed on his BC as his Father then he is NOT a NBC. If SOETORO adopted him then SOETORO would be listed as his Father on a new BC. Thus, BHO became a Citizen of Indonesia. I have a feeling that is what he is trying to hide. His Indonesian Citizenship.
However, according to his wife, Michele, Kenya is his home Country. You all have seen that video of Michele’s campaign speech in which she refers to Kenya as Barack’s “Home Country,” haven’t you?
And of course we all know about the speech in the Kenyan Parliament, his Kenyan Grandmother’s interview, and the monuments in Kenyan commemorating Kenya as his birthplace, right?
Having said all that you see it is so much easier to just keep it simple and show that he is not NBC because his biological Father was not a Citizen of the United States.
It does not make any difference as to the real parentage of Obama, because Obama Senior claimed him as a product of the marriage. In the time of our Founding Fathers, all that was necessary was for the father of record to claim he was the father in actuality, which Obama Senior did in the divorce papers. In the time of our Founding Fathers there was no way to test (such as with DNA) for paternity. If a man claimed to be the father of a son, then that was good enough for all legal purposes of identity, passing on of inheritance, land grants, and especially citizenship.
Obama’s citizenship status at birth was dual (US and British/Kenyan) and so was his allegiance. His status at birth was “governed” by the laws of Great Britain. Natural born citizen status is the “strong check” against foreign influence, and this influence was present at the birth of Obama, as well as in the years that followed. These are all facts which will not go away should his father turn out to have been an American.
I’m retired Navy, call me a birther… its a name I wear proudly as during my service to our country in order to obtain a TS security clearance was required to not only my long form birth certificate but in-depth details of my background, family history, friends, foreign countries visited, etc and took a year to complete the investigation. US citizens simply demanding Obama show basic proof of eligibility to be President and Commander-In-Chief is NOT an unreasonable request.
I support Lt. Col. Lakin in his effort to seek the truth, as if left unresolved may lead to setting president that anyone in the world is now eligible to hold the office. However, Obama is very crafty in hiding his background and now has full support of the NSA, CIA, FBI, FCC and the Military. Unfortunately, Lakin will not get discovery in his case and agree with Vebbuler the orders given to him were by lawful officers…. end of trial.
I see Obama is up in arms over Arizona’s new immigration law. He should be, as now its possible for state police to arrest him and asked for his papers once he steps foot in the state. Congratulations Arizona on crafting/passing the law. God speed Arizona on passing the law that will require him (and others) of providing legal proof of NBC status prior to getting on the ballot.
I think Lt. Col. Lakin is doing something that is incredibly brave. If only everyone, including myself, had the same level of integrity, this country would be in far better shape.
However, I think there are still reasons to be seriously concerned with the outcome of this case. Essentially, is it really as simple as “Lt. Col. Lakin is charged = Obama has obligation to prove citizenship.” I’m not trying to be a downer, just trying to be realistic and prepare for any forthcoming obstacles.
First, the Lt. Col is charged with violating UCMJ Article 92. Looking at article 92, that means he’s being punished for:
“violating or failing to obey any lawful general order or regulation.”
Now, that means they have to prove each element of that sentence beyond a reasonable doubt to convict him. Which means they must prove it was a “lawful order or regulation.” Our argument is that an order issued by Obama is not a lawful order or regulation because he does not meet the NBC requirements of the Constitution.
However, looking at an explanation of Article 92 on about.com, (http://usmilitary.about.com/od/punitivearticles/a/mcm92.htm), they define the “lawful order” elements as:
“(a) That a member of the armed forces issued a certain lawful order.”
It’s from about.com, so take it with a grain of salt. With that being said, if true, Article 92 only speaks about a MEMBER of the armed forces, not just the President. Accordingly, the complaint charges that three superior officers, NOT Obama, issued lawful orders to the Lt. Col. By that reading, Obama’s eligibility doesn’t matter – the only thing they have to prove on that score is that the three officers in the complaint were valid superior officers.
How would that shake out in practice? The Military Court typically follows (I think) the Federal Rules of Evidence. FRE 402 says that
“All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.”
The military Judge could say that evidence of Obama’s eligibility is irrelevant and not admissible because all the Government needs to show is that the three officers that issued the orders are valid officers in the armed forces.
The way it would pan out is that in some pretrial proceeding the Lt. Col.’s lawyers would demand from the Government discovery relating to Obama’s eligibility. The Government would protest to the Judge, saying it’s not relevant. The Judge would agree, and the Lt. Col. would be barred from arguing that Obama’s ineligibility as a defense. Then, he’d be convicted pretty quickly.
Does anyone have any thought on how they should best prepare for this argument? Does anyone have access to any military cases as precedent?
Here’s a thought…ask any/all Patriotic Military Personnel associated with this case to support Lt. Colonel Lakin by doing the same thing, request clarification of Obama’s eligibility, before proceeding with this case. That would get peoples attention pretty quick. The Country is in very serious danger of being lost, and the correction must begin soon, if anything is to be saved.
if barry boehmer shows his long form birth certificate how will he explain the deceptions of the faux c.o.l.b…….what u got is an ILLEGAL executive order 13489 FROM AN ILLEGAL ALIEN THAT seals all inquiries of an illegal ACT…………WANT MORE… study the 13th…14th… and the 17th amendments.. and you will see how you as a people was stricken to the NAME person …. and not part of the corporate U. S . we the people have no standing our CONSTITUTION DOES NOT APPLY IN corporate law
Leo,
Are you on LTC Lakin’s legal team, an advisor, or simply a friend?
Jim,
I have been writing Briefs and Motions for various Eligibility and Grand Jury Attorneys for the past year and a half.
I am not an advisor to LTC Lakin but I support his courageous act.
More Vattel:
§ 215. Children of citizens born in a foreign country.
It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed.(59) By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him; I say “of itself,” for, civil or political laws may, for particular reasons, ordain otherwise. But I suppose that the father has not entirely quitted his country in order to settle elsewhere. If he has fixed his abode in a foreign country, he is become a member of another society, at least as a perpetual inhabitant; and his children will be members of it also.
Stupid – *Slow to learn or understand; obtuse. *Tending to make poor decisions or careless mistakes. *Marked by a lack of intelligence or care; foolish or careless: a stupid mistake. *Dazed, stunned, or stupefied. *Pointless; worthless: a stupid job. *A stupid or foolish person.
Dhimmitude – is the real word of the day; a word I’ve never heard of until a friend sent me the following email. Just type into Google and start reading. See if you don’t think like I do, “that we’ve been had”.
Dhimmitude is the Muslim system of controlling non-Muslim populations conquered through jihad. Specifically, it is the TAXING of non-Muslims in exchange for tolerating their presence AND as a coercive means of converting conquered remnants to Islam.
The ObamaCare bill is the establishment of Dhimmitude and Sharia Muslim diktat in the United States . Muslims are specifically exempted from the government mandate to purchase insurance, and also from the penalty tax for being uninsured. Islam considers insurance to be “gambling”, “risk-taking” and “usury” and is thus banned. Muslims are specifically granted exemption based on this. How convenient. So I, Ann Barnhardt, a Christian, will have crippling IRS liens placed against all of my assets, including real estate, cattle, and even accounts receivables, and will face hard prison time because I refuse to buy insurance or pay the penalty tax. Meanwhile, Louis Farrakhan will have no such penalty and will have 100% of his health needs paid for by the de facto government insurance. Non-Muslims will be paying a tax to subsidize Muslims. Period. This is Dhimmitude.
Are we so incapable of getting our act together and immediately fixing this thing ? WE NEED MORE PATRIOTS NOW TO HELP THOSE ALREADY IDENTIFYING THEMSELVES !!!!!!!!!!!!!!!!!!!!!!!!!!!! “LET’S ROLL”
The following is the passage from Vattel’s Law of Nations that was used as the definition for a Natural Born Citizen by our Founding Fathers:
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
It is entirely likely that many or most of the military members of the eventual prosecution and panel will actually personally agree with Lt. Col. Lakin’s position and appreciate his patriotic sacrifice in defense of the Constitution. Maybe by aggressively prosecuting the case the covert strategy is to start rolling what is hoped to be an unstoppable ball of discovery that will end up flattening their, no doubt, largely despised, fraudulent Pretender-in-Cheat. I just can’t imagine that Obama has many supporters in military within the grade range of active duty commissioned officers qualified for selection to the courts-martial panel of a Lt. Col.
—————–
Mrs. Rondeau replies: WND is reporting this morning that Gen. Paul Vallely has stated that Lt. Col. Lakin has “a valid point” and that Obama has not shown proof of his birthplace.
Sharon,
Gen. Valley statement, “A retired Army general and national security policy expert says Lt. Col. Terry Lakin has “a valid point” and should use his “right to discovery” to force the Obama administration to produce proof of his natural-born citizenship status.”
The end of B. Hussein Obama’s regime is near.
——————-
Mrs. Rondeau replies: Let’s pray that is true! I wish more officers, or all the officers, had stood up back on January 20, 2009. It is disgraceful that this has gone on this long.
All the delegates to the Democrat Convention, all the Millitary Officers, all the Lawyers, all the Judges, and all the Members of Congress should have contested BHO’s legitimacy.
I did and it has cost my Family dearly, but it was my Duty to uphold my Oath.
I Love America and I cherish the Constitution.
** Blood & Dirt **
That simple phrase completely captures the essence of the meaning of natural born citizenship – undivided allegiance conferred naturally both by blood of birth (100 percent by parentage) and by soil of birth (100 percent by place). Blood and dirt.
Natural born Citizen. Words mean something and each added word refines the meaning of the whole.
a) Citizen: a full and equal member *by any means* of a state or nation. Specifically, this includes citizens created by statute.
b) born Citizen: Here “born” further refines the meaning of the phrase. This category is a subset of the first category, but with the further restriction of requiring membership from the moment of birth. It is the same as “native citizen” and is all that Obama has ever claimed to be (although even this is in serious doubt). This subcategory was not really relevant at the time of the Founding as it was only created much later on by artifice of statute.
c) natural born Citizen: The key here is to realize that at the time of the Founding one could not be born a dual citizen as the citizenship of one’s mother automatically followed the citizenship of one’s father. This type of citizen is not created by any statute, but is born with a loyalty that naturally can belong to no other state. Such a citizen is, by virtue of “blood and dirt” naturally 100 percent an exclusive member of a single nation or state. This is the obvious indigenous type of common citizen that make up the bulk of any normal, stable society. It is also the type of citizen that Obama can never be.
When you think about it, there really can be no doubt or confusion to the meaning of natural born Citizen – in fact, it is as simple as ABC.
I’m betting it won’t go to courts martial. They’ll just kick him out with loss of rank and benefits to discourage others from following.
Ice,
My understanding is that one cannot be drummed out of the service short of a courts-martial. An Art 15 ,a non-judicial punishment proceeding, is much more limited in its scope and would not include reduction in rank or dishonorable discharge. The convening authority and Obama are in a pickle on this one.
This case, if taken to trial and conducted in the proper manner, will enable all Americans to see that the Emperor truly has no clothes and no valid reason for occupying the White House…………then what?
“then what?”
Then he gets removed as per US Constitution Article II Sec IV.
Far before that the meaning of NBC would be challenged in the Supreme Court.
Either way, if discovery happens, we get our wish. That’s all I’ve asked for.
I disagree. You don’t have to impeach a usurper who never legitimately held the office. I doubt that SCOTUS will be so negligent as to give this case back to a Congress that is culpable criminally and/or in dereliction of Duty.
No, after dissecting the odd case of Barack Hussein Obama, SCOTUS will simply order that BHO be arrested for trial in as many jurisdiction as have Indictments to try him. Chicago will probably be the site of BHO’s 1st Trial. Of course, BHO could make it easy on himself and by resigning and testifying against all his co-conspirators, but he is probably too insane to do the right and reasonable thing.
Or, as the most powerful man on the planet, and financially backed by billionaires, Obama “produces” an authentic-looking piece of paper showing a Hawaiian birth. Then what?
How about we focus primarily on the dual citizen at birth argument? You see, there does not exist a document that will show Obama Senior to be a US citizen. Obama Senior was a British citizen and that makes Obama Junior a British citizen (by descent) at birth, and not a natural born citizen (born in the country to two citizen parents) of the USA.
Quite right, TexomaEd, in a sense it is a fate accompli. In that BHO can never be a NBC unless he was lying about the identity of his biological father.
Some say his mom was raped by Frank Marshall Davis, the Communist Pervert Mentor that BHO wrote about in Dreams of My Father.
Leo, theories don’t matter in this case. All of the players, mom, supposed dad, grandparents, Davis, are dead and gone. ALL documentation shows BO Sr. as the father in all instances. The great coverup if indeed there was one will be the knife in the back for BO 2. He is a dual citizen (or an illegal alien) at best. Now he has to live with what was concocted. The truth will always prevail.
“Then what?”
Then the entire nation will give a huge sigh of relief. The biggest scam in the history of the world will have been revealed to all, and the “progressive” movement will be set back at least 50 years. Those involved in the scam will be brought to justice, confidence in the greatness of America throughout the world, and especially right here at home, will be restored.
Lt. Col. Terry Lakin will be rightfully recognized as the American hero that he is, and good will have triumphed over evil.
And on the next day it will be even better.
Re “discovery”, I plan to research this area of the law a little more, particularly with respect to discovery rights in a court martial proceeding. But, at this juncture anyway my understanding is that even in a court martial situation discovery is a bedrock right of any defendant. Thus, the burden of proof will necessarily be upon Obama’s legal team to prove that Obama is constitutionally eligible to be Commander-in-Chief and that, therefore, his orders his military chain of command are, indeed, lawful. In keeping with LTC Lakin’s oath to protect and defend the Constitution, he is duty bound to follow orders from the CIC, but only if the orders are lawful. As for LTC Lakin’s “standing” to question Obama’s eligibility, it seems to be a slamdunk. As defendant, he is within his rights to prove his innocence through the discovery process. My hopes are really buoyed by this case. I genuinely believe this could be the breakthrough which those seeking the truth about Obama’s eligibility have been pursuing. Unquestionably, a acutely uncomfortable conundrum for Obama’s legal team.
I hope Barry is forced to reveal his real, long-form birth certificate and other hidden records that would reveal the truth about his eligibility, but, I think if it comes down to the point of having to do this, the charges will be dropped.
I have also heard the argument that the orders did not come from Barry, but from Lt. Col. Lakin’s immediate superior officers.
Go here to listen to a discussion of Lt. Col. Lakin’s case with Jerome Corsi and Lakin’s spokesperson, Ms. Hemenway.
http://www.lanlamphere.com/
8:00 PM Central Time.
Bob1943,
“I have also heard the argument that the orders did not come from Barry, but from Lt. Col. Lakin’s immediate superior officers.”
That is not the issue. This is the issue:
Clearly BHO’s concealed birth & citizenship documents are, “A discretionary act or omission by a commander, that adversely affects the member personally, and that, for example, is:
– In violation of law…”
Pretrial Investigation
No case may be referred to a general court-martial (any crime punishable by more than one year) unless it has been fully investigated and there has been a contested pretrial investigation called an Article 32 hearing.8 The General Court-Martial Convening Authority (GCMCA) appoints an investigating officer to conduct this hearing. At the hearing the defendant has a substantial number of rights: the right to be present, the right to counsel, the right to confront and cross-examine witnesses, the right to call witnesses and to present evidence in his defense.9 This hearing is open to the public unless there is good reason for it to be closed.
Leo,
Couldn’t tell from charge sheet if convening authority is viewing this as a non-judicial punishment (NJP) Article 15 proceeding or not. I suspect that it is, given the “minor charges” involved, e.g. “missing movement”, “disobeying a direct order”. If LTC Lakin accepts Art 15 charge, the worst that can happen to him is forfeiture of 1/2 pay for 2 months, restriction to base up to 60 days, arrest in quarters for up to 30 days, and a reprimand, but not a felony conviction, imprisonment or dishonorable discharge. As I understand it, an Art 15 proceeding is in lieu of a court-martial which LTC Lakin may demand when punishment is imposed by Commanding Officer who is the judge and jury in the Art 15 proceeding. Is this your take? Without more research, this is a bit difficult to nail down. Will LTC Lakin demand a court-martial? I suspect he will. Afterall, isn’t determining BHO’s eligibility the goal? If he does in fact push for a courts-martial then we’re off to the races in terms of full blown discovery as is granted per Art 32. To me, LTC Liken appears to be in the driver’s seat right now, and I suspect his chain of command all the way up to BHO and his legal team are rather rattled at the moment.
Thank you Mr. Haffey!
Granted I’m no expert in military law….God knows, but I’m confident LTC Lakin’s honor and rank will be restored when this is over. They will have to grant discovery. It’s the only thing that makes sense to me. Gates will have to answer for this too. All the military cowards and scoundrels can hang their heads in shame. They are the ones that deserve court martial and hard labor!!!!
Kenya Boy’s legal team will have a hard time trying to defend him. LOL!!!! It’s coming, but it isn’t fast enough for me!!!
Live oak,
U R welcome, but please call me Leo.
Jim,
Yes that is my take too. I have only spoken to Col. Lakin on the Liddy Show. Don’t know his lawyer but I doubt that Lakin took this action to get a settlement. I think he will demand Art. 32 Hearing and request discovery.
As Phil Berg and I have always contended
http://thesteadydrip.blogspot.com/2009/03/two-ideas-to-empower-patriots-by.html
any action involving BHO will end in the discovery phase. A normal man would resign, but BHO is DELUSIONAL. In his deranged mind, he thinks he can pull off a grand Marxofascist Revolution is the US, so he may have to be drug out of our White House in shackles. Frankly, that is what I would like to see happen.
Clearly BHO’s concealed birth & citizenship documents are, “A discretionary act or omission by a commander, that adversely affects the member personally, and that, for example, is:
– In violation of law…”
AFI 51-904, Complaints of Wrongs Under Article 138, Uniform Code of Military Justice (30 Jun 1994) [3] (para. 2-7) defines a “wrong” as:
A discretionary act or omission by a commander, that adversely affects the member personally, and that, for example, is:
– In violation of law…
Army:
AR 27-10, Military Justice (16 November 2005), Chapter 20
Air Force:
AFI 51-904, Complaints of Wrongs Under Article 138, Uniform Code of Military Justice (30 Jun 1994) [3] (para. 2-7) defines a “wrong” as:
A discretionary act or omission by a commander, that adversely affects the member personally, and that, for example, is:
– In violation of law or regulation.
– Beyond the legitimate authority of that commander.
– Arbitrary, capricious, or an abuse of discretion.
– Clearly unfair (for example–selective application of administrative standards/action, either in the type of standard/action applied or in the severity of the penalty imposed, which results in a clearly unfair application of the administrative standard/action).
Navy and Marines:
JAGMAN (JAGINST 5800.7E), Manual of the Judge Advocate General (20 JUN 07), Chapter 3
defines wrongs as:
“Any act, omission, decision or order, except those excluded by subsection 0304, taken, caused, or ratified by a “commanding officer,” under color of that officer’s military authority that:
(1) results in personal detriment, harm, or injury to a military subordinate;
(2) is without substantial basis, unauthorized, arbitrary and capricious, unjust, or discriminatory;
(3) is properly capable of redress in command channels.”
(Article 1150 of Navy Regulations lays out similar complaint procedures for Navy and Marine Personnel to supplement Art. 138)