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BUT THEY HAVE BEEN TRAMPLING THE U.S. CONSTITUTION FOR DECADES

by Sharon Rondeau

(Oct. 3, 2010) —The military has been abusing its authority for at least 21 years, as evidenced by the court-martial of Lt. Cdr. Walter Fitzpatrick and now the attempted court-martial of Lt. Col. Terrence Lakin.

In a memo exchanged between Staff Judge Advocate General Tim Zeller and Navy Admiral John Bitoff on 9 November 1989, a “grant of immunity” was approved for a civilian over whom they knew they had no jurisdiction.  Lt. Brian Feeley, who had been the treasurer for the MWR fund aboard the USS MARS, was released from active duty before September 1988 and was asked to testify as a witness for the prosecution in the Article 32 (probable cause hearing) of Fitzpatrick in November 1989.  When Feeley requested immunity from prosecution, the military chain of command up to the Rear Admiral granted it, although they were aware that doing so was outside of their jurisdiction.

Memo from Staff JAG Timothy Zeller to Admiral John Bitoff regarding the granting of immunity to a civilian over whom the military no longer had any jurisdiction

Enlargement of text of "immunity" memo between JAG Timothy Zeller and Admiral John Bitoff

The request for immunity from Mr. Feeley was first made to Lieutenant Tim Zeller who drafted the letter granting Feeley immunity needing only Bitoff’s signature to put the grant in operation. Zeller passed the formal letter to Captain Paul Romanski who then turned the letter over to Captain A. E. Millis. Captain Millis delivered Zeller’s letter to Admiral Bitoff. ADM Bitoff signed the grant in a breathtaking act of outlawry.

Bitoff held no jurisdiction “grant” immunity to Mr. Feeley, a civilian graduate student.

Admiral Bitoff’s duty was to alert the Naval Criminal Investigative Service (NCIS) special agents to place Staff JAG Timothy Zeller under arrest on numerous counts of criminal misconduct.

Admiral John Bitoff and LT Zeller were Fitzpatrick’s accusers. Bitoff also acted as the convening authority in the case.  In a letter to state of Washington U.S. Rep. Norm Dicks on April 30, 1999, Bitoff wrote, “I brought the charges and I convened the court-martial in the proper course of my duties.”

Page 5 of letter from Admiral John Bitoff to Congressman Norm Dicks in which he admits in the second paragraph that he acted as both accuser and convening authority in the court-martial of Lt. Cdr. Walter Fitzpatrick

The text of the relevant sentence reads:

…I brought the charges and I convened the court-martial in the proper conduct of my duties…

General Carla Hawley-Bowland is acting as the convening authority in Lt. Col. Lakin’s case, but she and others claiming authority to do so have admitted that they do not know whether or not Obama is constitutionally eligible to serve.  They claim that orders emanating from the Pentagon are valid, regardless of whether or not the civilian commander-in-chief is legitimate.

In the court-martial of Col. Lakin, for instance, we can demonstrate the lack of jurisdiction by crafting a hypothetical memo that might go to Hawley-Bowland from an Army JAG Maj. named Sharon Rondeau (please indulge my role-play). I’ll illustrate by offering the following hypothetical memo to underscore the fact that military governors act independently of civilian oversight.

PERSONAL FOR MAJOR GENERAL BOWLAND

Dear General Bowland,

Regarding future considerations in the case of Lieutenant Colonel Terrence Lakin, I feel obliged to communicate some encouragements in regard to proceeding forward aggressively in Lt.Col. Lakin’s General Court-martial despite the absence of lawful jurisdiction.

As a practical matter you do not hold jurisdiction in Lt.Col. Lakin’s General Court-martial.

Neither you, the Army Secretary nor the Defense Secretary (the government) knows whether Mr. Barack Hussein Obama is eligible to hold the office of president of the United States as commander in chief.

However, lack of jurisdiction is not subject to question or challenge.

The Defense Department (government) holds absolute power and authority in matters such as these. Questions regarding jurisdiction are not relevant.

Said another way, military governors such as you, the Defense and Service Secretaries are not bound by any civilian jurisdictional constraints.

Military law and precedents are clear on this point: Congress vests in the Defense Secretary absolute power and authority that devolves to you as Lt. Col. Lakin’s convening authority. The power of your position is separate and apart from that vested in the Article II civilian executive. Your military punishment power is completely independent. It is unassailable and unchallengeable.

Furthermore, in the context of this Article I Court-martial challenging the constitutional qualifications to hold the office of the president as commander in chief, there is an unusual need for unquestioning adherence to established precedents.

It is impossible in the Lt. Col. Lakin Court-martial to undertake independent resolution of whether Mr. Obama is qualified under the Constitution to hold office without expressing a lack of respect.

The potential for embarrassment to both Mr. Obama and the Defense Department is manifest.

Truthful answers to questions so far raised regarding the constitutionality of either Mr. Obama or the scope and operation of the military’s discipline system could make everyone look really bad!

For all these reasons and to ensure fairness to Lt. Col. Lakin and the government, I recommend you proceed with all due haste in the Lakin Court-martial even though you lack jurisdiction.

Since I don’t believe in keeping a file to cover this office when decisions are later questioned, there is no copy of this letter in my files or on my computer.

Very respectfully,
/s/
Sharon Rondeau
Major, U.S. Army JAG Corps Staff Judge Advocate

———————–

Last week a former captain in the U.S. Marine Corps told this writer that The Post & Email should not publish articles about Lt. Col. Lakin’s case because it would encourage other members of the military to abandon their posts and fellow soldiers.  He said, “What makes this one guy think he’s right?  Now because he’s refused to go to Afghanistan, somebody else has to go in his place.”  When The Post & Email asked the captain if he was aware that Obama might not be constitutionally qualified to serve as president and commander-in-chief of the military, his answer was, “Are you saying that Thomas Jefferson, John Adams and James Madison weren’t qualified to be president?”

Our reply was, “No, because Article II, Section 1, clause 5 of the U.S. Constitution states, “…at the time of the Adoption of this Constitution,” which means that those born in Great Britain but who had fought the Revolution and helped to form the new nation were themselves qualified to serve.

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  1. It’s disturbing to me that others in the armed forces who swore to uphold the US constitution are not speaking up & doing the very same thing as LtCol Lakin. Why is he the only true, brave & honest Patriotic soldier refusing to take orders from a usurper? IMO every US soldier should stop what they are doing & start supporting LtCol Lakin AND follow in his footsteps! There will always be deception & corruption in our armed forces, this case proves it & the traitors who wear the uniform of our country. This really bothers me.

  2. Do you want to address Judge Denise Lind of the LTC Terry Lakin Case?
    Here is Judge Lind’s email addresses: denise.lind@us.army.mil & denise.lind@conus.army.mil
    We pay Judge Lind her salary with our tax dollars and we as citizens have the right to petition our government for grevious.
    Please tell Judge Lind that Lakin has rights and that his case is being watched extremely closely.
    Please spread Judge Lind’s email addresses far and wide. Make it go viral.

  3. Grey-Haired Brigade

    http://thesteadydrip.blogspot.com/2010/10/grey-haired-brigade.html

    Grey-Haired Brigade

    They like to refer to us as senior citizens, old fogies, geezers, and in some cases dinosaurs. Some of us are “baby boomer” getting ready to retire.

    Others have been retired for some time. We walk a little slower these days and our eyes and hearing are not what they once were. We have worked hard, raised our children, worshipped our God and grown old together. Yes, we are the ones some refer to as being over the hill and that is probably true.

    But before writing us off completely, there are a few things that need to be taken into consideration. . . .

    1. Sam: Thanks for posting that link. :-)

      Being a retired Senior Citizen and Vietnam Era Veteran I definitely walk a little slower than I used to and my sight and hearing ain’t what they once were but I can still see and hear well enough that I’ll be “walking” (driving actually) as fast as I can to the OBAMA BIRTH CERTIFICATE / ELIGIBILITY/ OBAMACARE Rally in Washington on Saturday, October 23, 2010 – 12 Noon to 4:00 p.m. at U.S. Capitol – West Front that attorney Philip J. Berg and Obamacrimes.com are sponsoring.

      I think the “Grey-Haired Brigade” would make for a really neato handout at the rally, don’t you?

      Let’s Roll!!!!

  4. I say to “the former captain of the US Marine” responding to the post and email last week.
    The question is not whether our forefathers mentioned above were eligible to serve as president. They were as stated in the records. But, they also recognized that the president of this country can not hold dual aligiance.
    Those military who think they are protecting Obama, are betraying their fellow troops.

    Lt Col Lakin is protecting his troops because if Obama is not eligible for POTUS and we KNOW he is not, they will not be protected under the Geneva Convention if they are taken as prisioners of war. That is what you are missing sir.

    I will tell you what I think. I think Obama (& our government) made an agreement with the Saudi’s that they would help him become president if he agreed to institute sharia law in this country. How they did it? They threatened the US to cut off all oil if he was not made president. This country is being held hostage. That is why no congressman will touch the subject. I believe this because:

    Obama went to Kenya to help his cousin win the presidency there. And-the very same agreement was made there. Odingo became president because he agreed to institute Sharia Law in that country. It is not so far fetched. Why else would we be having so much trouble with Daily Khan and Imam Rauf, etc. Obama is a MUSLIM AND IS ENABLEING ALL THIS CRAP TO HAPPEN.

    So keep defending and hiding Obama’s credentials because you military are helping to destroy this country.

    Who among you will step forward to save this country and our troops. It is sensless that our troops are fighting muslim terrorists abroad when they are right here in this country destroying us. Aren’ t we there to keep them from coming here and destroying us. That is what our government told us to make us believe we should go into Iraq and afganistan.

    Somebody, somewhere has to bring this to light.

    I look forward to your answer