IS THERE ANY AUTHORITY TO CONVENE THIS COURT MARTIAL?
by Walter Fitzpatrick, III and Timothy Harrington
(Sept. 8, 2010) — Major General Carla G. Hawley-Boland and Colonel Denise R. Lind are behind a ruling in the Lakin attainder Court-martial handed down last Thursday (2 September).
Ruling on Motions – LTC Lakin (click here – save to file – then open from your computer)
Boiled down to its essential aspect, Hawley-Boland and Lind are prepared to act on their own authority to incarcerate Lieutenant Colonel Terrence Lakin, if for no other reason, so as not to embarrass the thug, punk criminal occupying the White House.
This represents a counter-argument to the Hawley-Boland/Lind writing.
~~~~~~~~~~
Infiltrator Soetoro-Obama’s Treason against the United States Constitution manifests a clear and present danger.
Soetoro-Obama’s armed opposition to the Constitution works at installing a competing, rival and totalitarian regime. Soetoro-Obama’s decapitation of a civilian commander in chief represents a constitutional emergency.
SOBama’s war on the Constitution, his open rebellion against the United States–his Treason–threatens our American way of life.
Soetoro-Obama was in residence in the White House only forty-nine days when SOBama issued “palpably” illegal orders deploying 23 U.S. Army military policemen into the small Alabama town of Samson (click here).
SObama’s Alabama adventure issuing illegal orders actively “pervaded the activities of civilian law enforcement officials” and “subjected [American Citizens] to the exercise of military power that was regulatory, proscriptive and compulsory in nature.”
Under SOBama’s orders Army troops forcibly restricted “the freedom of movement of civilian persons.”
SOBama hourly commits Treasonous acts against the United States enjoying extraordinary success in the destruction of our American way of life.
Last September SOBama the infiltrator assumed the title and duties of the principal officer of a principal “organ” of the United Nations (click here).
In discussions with Marine Sergeant Timothy Joseph Harrington, Tim pointed out that SOBama’s accepting a foreign government position under the United Nations flag perfectly demonstrates an act of TREASON.
A legitimate president of the United States can not during term of office collaterally hold any other government position under the constitution of a foreign sovereign state?
SObama can not be at the same time president of the United Nations Security Council and president as commander in chief of the United States of America.
SOBama’s September 2009 swearing in as president of the U.N. Security Council set an international precedent. SObama proclaimed the United States chief executive and commander in chief can be a citizen of any county. In this act of Treason SObama reduced America (and its armed forces) to state status under the U.N. secretary general and U.N. constitution (its charter).
THE GRAVITY OF OUR SITUATION CANNOT BE MADE MORE CLEAR!
SOBama and his treasonous partners are subjecting Americans and the United States Constitution to death by a thousand cuts.
SOBama and his treasonous partners are all about the wholesale extermination of United States Sovereignty.
There are military governors in SOBams’s wild bunch–COMMAND RACKETEERS–who like Army Major-General Carla G. Hawley-Bowland and Colonel Denise Lind who are no more obedient to the United States Constitution than the Traitor-Infiltrator SOBama.
Lieutenant Colonel Lakin’s Defense More Completely Constructed
You must comprehend, as it stands, we citizens of the United States must know SOBama is a Treasonous foreign-born Domestic Enemy.
No one can credibly claim ignorance.
Our silence as an American people–manifested in our impotence to oust SOBama as a treasonous infiltrator–is our agreement before the international community that the United States Constitution is formally abandoned.
In was in the environment of SOBama’s war against the Constitution described above that U.S. Army Doctor Terrence Lakin stood up and spoke out.
Last week Convening Authority Major-General Carla G. Hawley-Bowland and military hearing officer Denise R. Lind acted together in aiding and abetting SOBama in his treasonous war on America.
In ruling upon Colonel Lakin’s defense Lind and Bowland betrayed Doctor Lakin, they betrayed themselves, and they betrayed the Constitution.
(Ruling on Motions – LTC Lakin (click here – save to file – then open from your computer)
We shall here more completely construct Colonel Lakin’s defense (his defense of America) while exploiting an opportunity to eviscerate the Bowland-Lind’s ruling.
Doctor Lakin challenged SOBama at a point in time when SOBama was a confirmed and self-confessed Traitor.
The magnitude of SoBama’s Treason had become legendary.
Colonel Lakin enjoys the protection of criminal complaints of filed by other commissioned officers of the United States armed forces signed under oath naming SOBama a Traitor. Military officers holding standing acted against SOBama naming the infiltrator a Traitor before Colonel Lakin acted.
SObama’s silent admission taken together with SOBama’s written confession in Treason protects Colonel Lakin in further naming SOBama an illegitimate commander in chief.
Said differently: SOBama’s near total silence regarding questions going to his legitimate command of the Unites States Armed forces invited, maybe even emboldened Colonel Lakin to act.
It was in any event Colonel Lakin’s duty!
SOBama’s intransigence has certainly emboldened others to do their duty.
It remains a basic military duty, designed in part for the benefit of subordinates, to challenge the authority of superior officers when that authority is in question.
The “superior officer” must be one authorized to give the order; else indeed his command would not be a lawful one. (Winthrop’s Military Law and Precedents, p. 577)
It is of no consequence that Colonel Lakin advances a different theory in charging SOBama criminally than those criminal charges naming SOBama advanced by other commissioned officers.
Timely and uncounted challenges to the constitutional validity of the SOBama’s standing as commander in chief were in place fully a year before Colonel Lakin’s.
Most challenges go unanswered. But one criminal charge of Treason is conceded (unlawful deployment of Army troops into Samson, Alabama – click here).
Many criminal complaints naming SOBama, no matter their status, pre-date Colonel Lakin’s actions.
De facto commander in chief?
Lind’s and Bowland’s assertion that SOBama is a de facto commander in chief is unsustainable and deadly.
For the soldier, sailor or Marine there can be no question, no doubt whatsoever regarding the legitimacy of the commander in chief.
All the duties of his life (the soldier’s) are according to the theory of military obedience, absorbed in that one duty of obeying the command of the officer set over him…” (Winthrop and others p. 571).
Lind and Bowland summon only work to excite the full fury and focus of military subordinates trotting out the government position that SOBama may be in fact an illegitimate commander in chief.
Lind and Bowland then opine it is “impossible” for Lakin’s court-martial assembly to “undertake independent resolution of whether [SOBama]…is qualified under the Constitution” to command American forces.
In fact, resolving SOBama’s Treason remains Bowland’s and Lind’s first duty.
An “order” is an Executive mandate. (Winthrop, p. 576)
“…All military authority and discipline are derived from one source—the Sovereign, so in our army every superior, in giving a lawful command, acts for and represents the President as the Commander-in-chief and Executive power of the Nation, and the source from which [the senior officers’] appointment and authority proceed. Hence the dignity and significance of a formal military order and hence the gravity of the obligation which it imposes upon the inferior to whom it is addressed.” (Winthrop on page 572)
An illegal order emanating from the president can confer no authority. A command not lawful may be disobeyed, no matter from what source it proceeds. (Winthrop, p. 575)
And with that “there is nothing better settled, as well by the civil and military laws, that neither officers nor soldiers are bound to obey any illegal order of their superior officers, but on the contrary it is their bounden duty to disobey them”…no illegal act can be justified, no matter how high the source from which it emanates, by an order from a superior authority. The soldier is still a citizen, and as such is always amenable to the civil authority. (Winthrop with others, p. 575)
Bowland and Lind admit even they don’t know whether SOBama is legitimate! But they’re going to Court-martial Colonel Lakin anyway.
Huh? How can this be?
Courts-martial are creatures of orders! (Winthrop, pg. 49)
Bowland and Lind don’t know for themselves whether SOBama’s orders are legal in a situation where both officers are duty-bound to KNOW from where their authority flows.
Bowland and Lind treasonously evade their duty by describing the dilemma on the table as a “political” or “policy” question when–in reality–the question regarding the source and nature of orders is supremely military in concept and concern!
No other obligation must be put in competition with obedience to orders; neither parental authority, nor religious scruples, nor personal safety, nor pecuniary advantages from other services. All the duties of his life (the soldier’s) are according to the theory of military obedience, absorbed in that one duty of obeying the command of the officer set over him…” (Winthrop and others p. 571).
Detachable Links
Bowland and Lind’s opinion regarding the chain of command is irreconcilable with that of Colonel Winthrop’s.
Colonel Winthrop clearly and repeatedly asserts the authority of military officers to issue orders and the concomitant duty of military service members to obey such lawful orders depends directly upon whether the president as commander in chief is qualified under the Constitution to command.
Lind and Bowland sail a reverse course by claiming officers subordinate to the commander in chief enjoy an “independent authority” to issue “lawful” orders.
Lind and Bowland manifest their belief in an “independent authority” to issue “lawful” orders by proceeding independently in the Court-martial of Lieutenant Colonel Terrence Lakin based solely upon their own authority.
Ruling on Motions – LTC Lakin (click here – save to file – then open from your computer)
Lind and Bowland repeatedly claim in their ruling that they themselves are allowed to issue orders on their own authority “whether SOBama is a natural born citizen or is qualified under the Constitution” to command U.S. forces.
As unsettling as their view regarding the American military’s chain of command Lind and Bowland continue to incite even greater fear. Lind and Bowman tell us we’re not even allowed to explore the question about SOBama’s outlawry in the face of “an unusual need for unquestioning adherence to a political policy decision already made.”
Lind and Bowman explain that the “potential for embarrassment” to the infiltrator SOBama triumphs over very real concerns and questions regarding the outrageously illicit criminal conduct of Barack Obama and SOBama’s criminal assistants.
Recall that in the late 1930′s and into the early 1940′s officers of the German army embraced “an unusual need for unquestioning adherence to a political policy already made.”
Boiled down to its essential aspect Major General Carla G. Hawley Boland and Colonel Lind are prepared to act on their own authority to incarcerate Lieutenant Colonel Terrence Lakin, if for no other reason, so as not to embarrass the thug, punk criminal occupying the White House
We as an American people must not let Colonel Lakin be led to a military prison.
We, just as much as Doctor Lakin, are duty bound to resolve the question regarding Barack Hussein Obama’s TREASON now before us.
Here endth the lesson!
Petition MD Senators to fight for Lt Colonel Lakin
This petition will be presented to Senators Barbara Mikulski and Ben Cardin, to get them to act on behalf of Lt. Colonel Terrence Lakin. Lakin is currently being held in their jurisdiction and the judge that denied Colonel Lakin the evidence, to prove his case against Obama’s ineligibility, says that this is a matter for Congress to decide, not the courts. This is why I am petitioning Senators, Mikulski and Cardin, to stand up and defend the oath that they took as elected officials, to uphold the Constitution. The judge went as far as to say, that allowing this evidence, might
“EMBARRASS” the President. Excuse me, you’ve got to be kidding?
Please sign this petition and show your support for Lt. Colonel Terry Lakin. He is a brave, courageous man and needs our help and support. He shouldn’t be punished, for doing exactly what he swore an oath, to uphold.
http://www.petitionspot.com/petitions/FightForLakin/
Kristin says:
Wednesday, September 8, 2010 at 3:41 PM
I just read that Obama issued an executive order amending court martial rules. Details are incomplete at this time.
http://www.resistnet.com/forum/topic/show?id=2600775:Topic:2574449&xgs=1&xg_source=msg_share_topic
Kristen,
Do you have or anyone else have an update on this. Someone currently serving in the military could easily find this information out.
I get so upset sometimes about what Colonel Lakin is going through- He is a hero!! Only he has had the courage to do what is right and disobey all orders from an illegitimate command. The other soldiers in the military follow Obummer’s orders like sheeple, and if zero orders them into battle and they get killed they deserve it for not sticking up for our country.
You are absolutely correct! This is a complete outrage. Congress says the issue was ruled on but NOT ONE SINGLE PERSON has seen or verify this supposed Birth Certificate. He is a dual citizen and they are NOT allowed to hold the office of President. This whole scheme was developed to destroy this country and our so called leaders are allowing it. SHAME ON THEM! A man that does not salute our flag, honor our laws or Constitution should NEVER be allowed to occupy the highest honor in the United States. Good for Lakin! I wish him well and pray for him.
obama is absolutely illegal. congress, house of representatives, judges on all levels are all corrupt. none of them are using the constitution because they know an entire generation has turned their back against ALMIGHTY GOD to follow after their own wicked desires. the holy fear of God has left this land and the socialist/communist groups led by obama and radical muslims think they will rule this land. God has a trump card up His sleeves… get on your knees and cry out to God for His mercy over america, the home of the free and the brave!
“OBAMA” Show the entire world you Real Birth Certificate !!
Judge Lind cites Presidential (Obama) authority repeatly to explain the rules and procedures that govern the Court Martial. This might be a key part as Lakin intends to appeal. But, if Lakin appeals and has allowed the court martial to move… forward, he has tainted his defense that he believes his orders are unlawful do to Obama’s ineligibility. An appeals court might take notice that Lakin allowed Presidential Authority to govern his own court martial, an authority he believed to be not valid. It would difficult for Lakin to win stating that his orders were unlawful under that same authority. Judge Lind’s decision obviously is forcing Lakin to taint his own appeal by using that very authority he is questioning to drive his court martial. Lakin cannot participate any farther into his court martial for this very reason.See More
Is there not one decent attorney or judge in America anymore??? We will NEVER allow this issue to go away. In fact, the longer Barry plays Russian roulette with the Constitution, the deeper he digs himself into a hole. The awareness surrounding this issue has grown exponentially since Election 2008. It’s only a matter of time now, patriots. Good work!
@Kristin…
I updated the original post on the Obama EO with the Annex here…
http://obamareleaseyourrecords.blogspot.com/2010/09/clarification-needed-august-31-2010.html
http://www.scribd.com/doc/36906093/Obama-Executive-Order-13552-2010-Amendments-and-Annex-to-the-Manual-for-Courts-Martial-8-31-10
I read the decision. It look like Judge Lind is misquoting or misrepresenting the Baker Vs. Carr SCOTUS decision on the the issue of Political Question. The decision states that a political Question is 6 Part Test. Lind only quotes 5 parts of the test and says that a Political Question exists if just 1 of the markers exist. This is wrong.
This whole thing is an outrage! If there was/is nothing to hide, then why hasn’t the courts or obama SHOWN the proof? He can’t show it because he doesn’t have it, the courts are all cowards and too afraid of him to stand up for our Constitution or justice! They should all be banned and thrown out of the United States. He says he doesn’t have time to worry about it…I’m sure not. He is too busy making laws and executive orders to cover himself. This whole case is a sham and beyond belief! Shame on them all! Karma will take it from here.
Cmdr. Fitzpatrick
You will be happy to know that your charges of inmates labor for private purposes has led to the Arrest of Mayor Larry Summey & Dem. Party Chairman Kenneth Miller
Posted September 7, 2010 at 3 p.m.
Vonore mayor Larry Summey
Charles Kenneth Miller
VONORE, Tenn. – The mayor of Vonore and the Monroe County Democratic Party chairman were arrested today on “charges of using inmate labor for private purposes”.
The Tennessee Bureau of Investigation arrested Mayor Larry Summey, 64, and chairman Charles Kenneth Miller, 69, after a grand jury returned a one-count indictment against them last week after a two-month TBI investigation.
The TBI’s probe began after 10th Judicial District Attorney General Steve Bebb requested the case be opened in July.
The TBI found that in March 2010 Vonore city employees and Monroe County Jail inmates performed landscaping work at the residence of Cora Miller on Hall Street. She is the mother of Miller and mother-in-law of Summey.
Summey ordered the work done, and Miller gave directions to the workers as to which trees were to be cut and chipped, according to the TBI.
Both were booked into the Monroe County Jail today and released on a recognizance bond.
More details as they develop online and in Wednesday’s News Sentinel.
Excuse me but I missed where to assemble to demand the constitution be satisfied. Since America is a republic based on constitutional law and it’s citizens are equally subject to that law the converse is that the duty of the government is to show to the people, not to any other faction, branch or party, that the president elect does qualify . Now, where shall we meet to accept those qualifications ? The media refuse to aid Obama and he will not plaster them on his forehead and congress can not force the media to provide the expensive air time for free so it is only fair we relieve them of the burden and appear in the flesh to accept the proof. Let it be known that refusal to produce that which the law demands is a failure to qualify. It is that simple. Either we have it or the government is acting despotic in not forcing him out.
A line must be drawn, an ultimatum which is either we have a legitimate government or we don’t must be announced. The proof must show conclusively that Obama meet the criteria of being born of two American citizen parents as per the constitution and his own acknowlegement of such qualifications required and understood in S res. 511 which he signed. http://www.scribd.com/doc/26603580/Senate-Resolution-511-McCain-is-NBC
The Constitution does not require that you have two parents who are citizens. You have that wrong.
Nor do you need to be born on the soil of your country to be a ‘natural born Citizen’ (notice the capitol “C”, very important!) under Article II qualifications.
You must only have a father who is an American citizen when you are born so that you can INHERIT a sovereign political authority at birth as an American citizen under Natural Law, and not as a PRIVILEGE of citizenship under POSITIVE LAW (the legal opposite of Natural Law) which would be like a citizenship from your mom, or the soil. Those are both functions of POSITIVE LAW PRIVILEGE. Women are not naturally born with political rights, only men are. That is why we have the 19th Amendment to grant the positive law privilege of political rights to women (voting rights) because only men are considered to have political rights, at birth, under Natural Law Jurisdiction which is what Article II is all about, hence the term ‘natural born’ which implies natural law and not statutory law.
Now apply plain old English grammar and notice that the noun “citizen” is capitalized in Article II. When you capitalize a noun in a sentence that means that you are dealing with a proper noun. A proper noun means a specific type or instance of a citizen and not just any citizen in general. What specific type do they mean? They mean a SOVEREIGN AMERICAN CITIZEN. A sovereign political status at birth can only be inherited from your American father.
Read the Declaration of Independence where it says that all MEN are created equal and that governments are instituted among MEN. Under Natural Law, women don’t have natural political rights because men are physically superior and they fight the wars and negotiate the peace and institute governments to insure peace in their communities. Men do this, not women. Just like you inherit your last name from your father under natural law, you also inherit your fathers political condition under natural law, regardless of the citizenship of your mother.
Obama is not a ‘natural born Citizen’ under Article II simply because he never had an American father. Any citizenship he might have from his mom, or soil jurisdiction, is only the privilege of citizenship, and not the natural right to claim an inheritance as a sovereign American from an American father, which is what Article II requires, as it’s jurisdiction is strictly a Natural Law jurisdiction, and not a Positive Law jurisdiction.
The office of president was not supposed to be an office that one comes to by way of privilege bestowed by Congress via statutes. You must be born inheriting that right from your American father. That is all ‘natural born Citizen’ means, and it is so obvious that I think everyone must be insane criminals.
I only have a few things to point out…
1. I agree with the other person that the article was great BUT needs to get rid of the name calling… as this matter is deadly serious.
2. I think Col Lakin should be able to present ANYTHING that will help his case… the judges are just covering up for obama. Who said, the words – ABOVE THE LAW!! No one should – not even the President of the USA.
3. Lastly, where the hell is the media/news services??? They all are a joke & it is time people start to protest them by dropping their subscriptions…
The only thing we can do now is VOTE them all out of office… then we need to go back & punish ALL them (put them is jail) that either knew about the fraud or knew but refused to act or do anything about the issue. This would cover ALL politicians as they all know there is an issue of him being eligible… also the military leaders need to be stripped of their ranks by court martial or prison.
I just read that Obama issued an executive order amending court martial rules. Details are incomplete at this time.
http://www.resistnet.com/forum/topic/show?id=2600775:Topic:2574449&xgs=1&xg_source=msg_share_topic
Ruling now up at Scribd for your convenience…
http://www.scribd.com/doc/37116443/United-States-v-LTC-Terry-Lakin-Ruling-on-Motions-Discovery-%E2%80%93-September-2-2010
Thanks to Fitzpatrick and Harrington for bringing some light to the darkness of Col. Lakin’s court martial, for exposing the shallow arrogance of the convening authority Gen. Carla Hawley-Boland and the hearing officer Col. Denise Lind, and for expressing the justifiable anger so many of us feel at seeing how the U.S. Army–our army–denies justice in this case of an honored officer’s act of conscience.
Correction: it is SOBama’s army, not ours.
This story was very well stated, however, using sarcastic nicknames like SOBama kind of discredits the piece. I, as much as anyone realize the frustration people are feeling and understand the tendency to express those feelings of frustration by using funny nicknames for Soetoro/Obama or whatever he calls himself these days, but it defeats the purpose and frankly cheapens the entire piece. Why not just use the correct spelling of the perpetrator as listed in the formal case and that way it serves as formal public notice on this public news gathering source/website. While it is well written and I as most normal thinking American patriots agree with everything it portends, it should be kept serious. Not just here but in every writing about this issue everywhere. It’s not a joke, so we should never allow others the opportunity to discredit these cases by sighting the use of funny nicknames for Obama. This case is too serious and way too important for that. Every time I forward a story like this to a friend or colleague to show and defend this serious matter, to people who are not as educated on this as we are or to those who don’t pay attention as we do, they will usually start to read it, see some quirky funny nickname for Obama, then they just laugh it off and ask me not to forward anymore kooky birther blog postings to them. It takes away from the seriousness of the matter and makes it seem more like comic fiction than fact. Sorry, I don’t mean to offend anyone, just adding my two cents.
What you point out is very very true.
Most of us here have been at this so long that
saying his name, or spelling it out in writing
brings us to a state of near nausea.
A form of denial I am sure to use another label
other than our Hoax in Chains we hope for.
Label it a poor excuse if you will, I see it as just
a simple reason.
You’re right,
somebody can write the perfect story about the ineligibility, missing records, unconstitutional actions ect.
Then he names Obama “The Resident”, “Obummer”, “Ozero” or what have You, and it is all seen as satire or hate driven nonsense.
Actually I was surprised the P&E posted it like that.
——————
Mrs. Rondeau replies: When we post the work of others, we do not make changes unless there is a misspelling, glaring grammatical error, or factual misstatement, and we do that only with permission of the author.
Excellent point. Name-calling is a sign of a weak argument and it also weakens what would otherwise be a strong argument, as is the case here.
I feel compelled to make one other observation. The court rejected the defense’s claim that “Soldiers have a duty to disobey illegal orders” because it “fails to distinguish between a personal belief that an order is unlawful…and a palpably illegal order.” Websters defines palpable as “easily perceptible.” I’m pretty sure that if you asked most Americans if it would be illegal for soldiers to invade a foreign sovereign nation at the command of the Secretary of the Army and his subordinates without the consent of a legitimate President of the United States, almost all would say that that order is illegal. If Obama is proven to be ineligible, then LTC Lakin’s orders to deploy are palpably illegal. The defense, in claiming that “Soldiers have a duty to disobey illegal orders” are obviously referring to the palpably illegal orders being received by LTC Lakin given the lack of a confirmed legitimate President and Commander-In-Chief of the United States of America.
————-
Mrs. Rondeau replies: The links are repaired.
“The court rejected the defense’s claim that “Soldiers have a duty to disobey illegal orders” because it “fails to distinguish between a personal belief that an order is unlawful…and a palpably illegal order.”
That’s because Lakin is trying to determine if Obama is a natural born citizen, something only SCOTUS can determine.
Lakin would be better served and his case stronger if he requested Obama’s original vital records in order to determine if Obama is the required 35 years of age, IMO. SCOTUS/court of law intervention would not be an issue if he stuck to that.
Sharon, I am working on getting you the materials I promised you. I have been tied up for the last week or so. Will have them for you in the next couple of days!
-MT
—————-
Mrs. Rondeau replies: No problem. Thank you.
BRILLIANTLY written and factually sound, God bless you both. It’s a shame that the American people can’t see it so clearly for themselves as most of the P&E submitters and your goodselves so clearly do.
I assume that the non-thinking, complacent masses need to be fed pabulum before they can eat steak [civil war]. It will probably take a band of HEROES like you and many other such PATRIOTS, including Doctor Lakin, to continue to lead the way, and to do the early, heavy lifting in recruiting a real army to fight this. Those in Government [also pabulum eaters] have it so secure that they can’t find the chutzpah to stand up and be counted; and those in Government who should have been watching out for us, and did not, should certainly be the first arrested, and will be. “IT’S NOW TIME TO TAKE NAMES AND KICK DRAGONS”.
If we all want to go down in history as the once best country in the world – “SQUANDERED”, then just continue to do nothing YOU PABULUM EATERS and let evil reign supreme. HAVE A GOOD TRIP !!!!!
GOOD PEOPLE WHO KNOW AND LOVE GOD will always do fine; the others we can read about in Matthew 13:37 – :42
From the court ruling (http://thejaghunter.files.wordpress.com/2010/09/ruling-on-motions-ltc-lakin15.pdf) – “For purposes of ruling on this motion, the Court takes judicial notice of the following adjudicative facts under MRE 201: President Barack Obama is the 44th President of the United States. He was elected on November 4, 2008 and inaugurated on 20 January 2009. He has served as President and Commander in Chief since 20 January 2009 and continues to serve in that capacity.”
These are not facts. How is it that the court has concluded that they are? If BHO is not constitutionally eligible to be President, then he is NOT “the 44th President of the United States” and he has NOT “served as President and Commander in Chief since 20 January 2009.” It is the determination of the truth of these alleged facts that is at the core of this trial. This is why the evidence requested by LTC Lakin is necessary. The evidence is necessary for the court to decide if Obama is or is not the President and Commander In Chief. To start with the assumption that he is President, with no supporting facts in evidence, is ridiculous.
The court could just as easily take “judicial notice of the following adjudicative facts” that: Barack Obama is ineligible to hold the office of President of the United States, that since January 20th, 2009 the United States has been without a President and Commander In Chief.
This court assumes that the defense is guilty before the trial and states as fact assumptions that have not yet been proven. This is a kangaroo court.
The tone of the above ‘defence’ offered for Lt Col Terry Lakin is not in his best interests.
I would like to offer the following as a legal issue to be resolved.
The Commander-in-Chief of The USA derives his authority to command the armed forces of The USA, from The Constitution of The USA. Everyone agrees on this point.
Judge Lind has ruled that the authority for all orders, issued by all levels of the armed forces, comes from a ‘de-facto’ C-in-C, despite the widespread doubts as to Obama’s eligibility, under The Constitution, to act as C-in-C (due to the question of whether or not he is a ‘natural born Citizen’).
The counter argument is that if Obama is NOT a ‘natural born Citizen’, and therefore NOT eligible, under The Constitution, to act as C-in-C, then the armed forces of The United States are acting under a ‘de-facto’ Martial Law.
The issue to be resolved, therefore is this.
Are the armed forces of The USA acting under a ‘de-facto’ Commander-in-Chief
or
Are the armed forces of The USA acting under a ‘de-facto’ Martial Law?
Judge Lind does not have the Constitutional authority to rule on this question – she must refer the matter to The Supreme Court of The USA. Judge Lind has ‘standing’ to do this – as does Lt Col Lakin.
Hi Joe,
Per my comment above, wouldn’t the court’s issue be resolved if the defense requested discovery only to determine that Obama is the required 35 years of age?
If that could produce discovery of his vital records, the natural born citizen issue, as it pertains to his vital records, could be addressed from there…even if it has to be taken up by someone else and SCOTUS. Or maybe it would be clear on both accounts, blood and soil.
Anyway, that’s my ¢.02.=)
Rise up for Amerca!
Three-Star General Files Sworn Affidavit Supporting LTC Lakin’s Case
The State Department confirms Obama was a dual citizen of the U.K. and the U.S. from 1961 to 1963 and a dual citizen of Kenya and the U.S. from 1963 to 1982, because his father was a Kenyan citizen when Obama was born in 1961.
Grandmother says Obama born in Kenya
Kenyan Parliament claims Obama born in Kenya
Dreams from My Father: A Story of Race and Inheritance
Barak Obama, 1995
Crown Publishing
480 pp.
“Dreams from My Father tells the story of Obama’s struggle to understand the forces that shaped him as the son of a black African father and white American mother”
Article II Section 1 Clause 5 –
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
US CODE TITLE 18 > PART I > CHAPTER 1 > § 4
§ 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
http://puzo1.blogspot.com/2010/05/true-enigma-by-pixel-patriot.html
A couple of the hyperlinks in this article don’t work.
This one – “In ruling upon Colonel Lakin’s defense Lind and Bowland betrayed Doctor Lakin, they betrayed themselves, and they betrayed the Constitution (read their ruling here).”
And this one – “Lind’s and Bowland’s assertion that SOBama is a de facto commander in chief is unsustainable and deadly (click here).”
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Mrs. Rondeau replies: Thank you; we’re checking into it now.
Maj.Gen. Jerry Curry : Obama’s Eligibility Issue Moving Toward Critical Mass