Margaret Hemenway to Military Officers: Stop Using the Nuremberg Defense

MG Horst & MG Hawley-Bowland:  My family is among the multi-generational military families that have fought for this country since the Indian Wars- my son is named for General Troup Miller, a cavalry officer- my Dad volunteered in World War II, and served in General Curtis LeMay’s command with the Army Air Corps; my husband served 16 yrs in Army reserves (light infantry) until President Clinton downsized his unit.  My ancestor, John C. Calhoun, served as Secretary of War.  My father-in-law, who filed an eligibility lawsuit, also served in World War II, graduated from the US Naval Academy, was a Rhodes Scholar and a foreign service officer in Russia and Germany- at the age of 83, he was threatened with ruinous financial sanctions by Obama’s eligibility lawyer, Robert Bauer- who since was appointed White House Counsel.  This is not a partisan issue- my father-in-law is a registered Democrat- who filed the lawsuit in federal court on behalf of Democrat, former Deputy AG in the State of Pennsylvania, a Hillary Clinton supporter.  The original “birthers” of course were the major newspapers who hounded Senator McCain until he felt compelled to produce an original birth certificate even though there was no question of his “natural born” status, born to two US citizens.  Senator Obama, on the other hand, if born in Kenya, as prominent Kenyans claim, was not entitled under immigration statutes in force in 1961, to US citizenship- he would fail the “natural born” test.

LTC Lakin’s trial was not only a miscarriage of justice- it was an abomination.  A great irony at trial was the portraits of General George Washington and Thomas Jefferson (raised by LTC Lakin during his unsworn testimony) behind the heads of the sentencing panel- the brilliant and brave men who designed the U.S. Constitution– including the unique requirement for the Presidency- that a President be “natural born.”  We entrust those trained with lethal weapons to protect OUR government- not just to fight wars, as young prosecutor Captain O’Beirne (who replaced rogue prosecutor LTC Brodsky) misunderstands.  If Obama is not Constitutionally eligible, he cannot be Commander-in-Chief.  The fact that he has hidden all evidence necessary to prove his “natural born” status, logically leads one to conclude that the evidence is concealed because he cannot pass the “natural born” test.  The Army failed LTC Lakin when it could not answer his simple question about the legality of his orders- his Congressional delegation failed him when it could not answer this question.  Does it become evident that when our leaders fail us, ordinary citizens- or ordinary soldiers- might feel compelled to raise their voices- or to fall on their swords as in the case of LTC Lakin?

Alfred Jodl, Chief of the Operations Staff of the High Command of the German Armed Forces, at Nuremberg, claimed it was not the task of a soldier to act as judge over his supreme commander– but he was found guilty on all four counts- sentenced to death by hanging.  LTC Lakin has been sentenced to Leavenworth for doing what Jodl and others should have done- which was to question the legality of his orders, per his training as an officer.  It is more than disturbing to see officers today rationalize, spin and obfuscate- concocting legal evasions (e.g. de facto officer doctrine)- to avoid this central problem of the Commander-in-Chief’s eligibility.  It is appalling to see officers now employing the discredited Nuremberg defense.  (http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergIndictments.html#Jodl Jodl’s defense was that he was an obedient soldier, signing orders only as a command from Hitler.  This was not a defense allowed under Article Eight of the Charter, however, and no other mitigation evidence could be offered.)

I am forwarding this message below- conveyed verbally to LTC Manning, as typical of many military mothers.  Consider the morale of the troops in the injustice perpetrated upon LTC Lakin.  Consider that LT Choi wasn’t labeled “a spectacle” as CAPT O’Beirne labeled LTC Lakin- when Choi was chaining himself to the White House fence in protest of Don’t Ask, Don’t Tell- even as the politically correct Army tried to salvage Choi’s military career.  There are many of us who are outraged by the pervasiveness political correctness in the upper echelons of the Army today– it is eroding a great military institution that the nation relied upon to protect our freedoms.  We only ask that you uphold your sworn oaths to the Constitution.

Margaret Calhoun Hemenway