If you're new here, you may want to subscribe to my free Email alerts. Thanks for visiting!

THE UCMJ DOES NOT GIVE THE MILITARY THE ABILITY TO DEFINE “NATURAL BORN CITIZEN”

by jtx

Is Maj. Gen. Karl Horst protecting Obama the way all of the judges, congressmen and governors have?

December 22, 2010

matthew.kemkes@us.army.mil
Robert.manning1@us.army.mil
carla.hawleybowland@us.army.mil
karl.horst@us.army.mil

Officers:

It is my hope that this message will proceed chain-of-command style from Matthew, through Robert, and eventually to Carla and Karl. I purposely do not use the honorary military titles since in this instance they are not meaningful.

The recent military trial and conviction of Terry Lakin causes a considerable rumbling among the body politic. You may not be aware of the amplitude of this reaction due to the fact that you are all apparently comfortably ensconced in what may be thought of as the career “military cocoon” and surrounded by those who also are shielded from the opinions of the general public. Please do not take that in any pejorative sense, as that’s not how it is meant. I’m merely trying to make you aware of the millions of “ordinary” Americans and how your military court system is now viewed by them.

True, you may not give a fig – but keep in mind that you may at some time in your life go back into that “ordinary” stream of populace, so do not be surprised by the heat you find directed toward you on this matter. Please also think of the effect on future recruiting. And certainly, yes, I understand that the military views the “Lakin Affair” as a military matter and none of the public’s damned business – to be handled solely and exclusively by the military. But let me share with you a somewhat different perspective that you may not have considered, but should have.

The number of Americans who believe that Terry was abominably treated and unfairly sentenced and is now serving a grossly-overblown punishment is, you may be surprised to learn, numbered in the millions and not merely a handful of over-wrought kooks as the print and TV media likes to continually wrongfully promote. Ironically enough, many of these millions themselves are veterans of US military service and see the matter as the huge blot that it really is upon not only the military itself but upon our country as a whole. Please bear with me.

I am old enough to have followed the military court trials at Nuremberg after WWII and, in fact, had a relative who was US military-provided chaplain to Hermann Goering. You perhaps remember in those trials that Admiral Jodl was condemned to death and hanged (Goering poisoned himself before being hanged). Jodl had used the defense, basically, that the recent military court (I’ll usually use the term UCMJ to represent this court even if that may not be the correct term … it’s the idea that counts) EXCEPT that the UCMJ used it exactly in reverse.

The Nazi Admiral claimed it was not the duty of the officer to judge his superior officer(s) or question the legality or legitimacy of his orders but to blindly and unthinkingly follow those orders. Jodl was convicted on the several counts involved and paid with his life. While it is true that the UCMJ has not pronounced a death sentence for Terry, it is also true that the man was not questioning his orders per se but merely the eligibility of the highest issuer of the orders – to find out if these were lawful orders. The UCMJ was also not asked to rule on the eligibility of the man holding the office who has never shown himself to be eligible to do so. We’ll get to that later.

Jodl was convicted despite his defense that he was – like a good military man – carrying out orders from his superiors in the chain of command (which you may remember included one A. Hitler), and he assumed them to be lawful. In the Lakin Affair you have convicted a man for just the flip side of what Jodl did; your decision is in exact opposition to that of the Nuremberg court when they ruled Jodl (and others) SHOULD have contested the authority rather than blindly submitting.

The UCMJ was saying to Terry that, Jodl-like, he should have blindly followed his orders. The jurists at Nuremberg had a quite different view and if those empaneled on the UCMJ trial had been instead empaneled at the Nuremberg trial, it is conceivable that most or all of the Nazi officers would have been spared the death penalty. One end or other of military justice is haywire, but I believe that most thinking people would believe that Nuremberg ruled correctly.

The two court decisions clearly point in opposite directions – and millions of Americans realize that … which is why there is so much anger!!

The UCMJ could have prevented this entire fiasco and (for them) very ugly black eye had it taken the steps of saying … “Whoa; we hereby ask the United States Supreme Court to take jurisdiction of the Presidential eligibility matter as a matter of first instance and hand down its ruling for us to use.” Any UCMJ proceeding if there were one could then have proceeded on solid legal, Constitutional grounds.

Most Americans know (though some quite dimly perhaps) that the military court system was created by Congress under the authority of the United States Constitution. Roughly that same number realize that Presidential eligibility is called out in the language of the Constitution (setting aside any pro or con arguments thereto) and that, so defined, it is in fact a matter of Constitutional law and not military law. Even if the UCMJ wished to make a statement or lack thereof of the CIC eligibility, it is not legally empowered to do so. Only the Supreme Court may do that and in the recent Kerchner et al case before them declined to do so by using the judicial fictions of “standing” and “political question” – neither of which really were applicable in that case.  In any event, the UCMJ on a case such as the Lakin case certainly WOULD have standing on the matter and it was surely not a political question.

I find it odd in the extreme that the UCMJ did not take such an eminently legal and rational method of pursuing the Lakin Affair which would have shielded them from what will now for all time be a ghastly mark on the military as the bell cannot now be unrung – or, perhaps, can it by the intervention of those this is addressed to?? It is surely not too late to hold things in abeyance pending a SCOTUS decision on what is rightfully theirs to hear and rule on.

As it is, the UCMJ has made the implicit ruling by its actions that Obama IS eligible for the office and his orders are lawful when the UCMJ has no (and should not have) such jurisdiction over controverting and/or defining the words of the Constitution – yet the UCMJ has incorrectly done this. Chief Justice John Marshall in Cohens v. Virginia in 1821 in his famous opinion said that not only must the Supreme Court take up Constitutional matters but that (speaking of the Supreme Court):

The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the Constitution. Questions may occur which we would gladly avoid, but we cannot avoid them. All we can do is to exercise our best judgment and conscientiously to perform our duty. In doing this on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the Constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.

Ironically, note in this statement by Marshall that the current SCOTUS had done one of the things he mentioned (failed to take jurisdiction in the Kerchner et al case) while the other thing mentioned (usurping jurisdiction which was not given in the Lakin case by the implicit declaration of eligibility) was done by the UCMJ – a sort of double whammy or perhaps a question of “do two wrongs make a right?” In Marshall’s words (and, no doubt, in fact), both are “Treason to the Constitution.”

I hope that the officers this is directed to will thoughtfully consider the points mentioned NOT as military savants but instead as citizens of America and help us ALL reach a just, legal, Constitutional conclusion by asking for the United States Supreme Court intervention mentioned earlier.

It is not yet too late!!

Join the Conversation

14 Comments

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  1. Excellent article jtx. I usually add the tag line to my emails:
    So that none can say: “I was just following orders” (Nuremberg Trials, Nuremberg, Germany (1945-46).

    You have shown quite clearly how the conclusions of these two trials are diametrically opposed – so someone must be in error here (and we know who, without any question).

    A slight correction might clarify one sentence where the word ‘used’ was dropped:

    that the recent military court used (I’ll usually use the term UCMJ to represent this court even if that may not be the correct term … it’s the idea that counts) EXCEPT that the UCMJ used it exactly in reverse.

    Perhaps Sharon could correct it (hint, hint)
    ——————
    Mrs. Rondeau replies: Could you point me to where the correction needs to be made?

    1. I believe that Neil has spotted the fact that the word “used” was erroneously dropped before the opening parenthesis in the passage he mentions … and he’s corrwect; TYVM Neil – sharp eye!!

  2. Look, the fact that the Dems just pushed through the end of the DNT policy in the US military, was Obama-s evil payback to the Brass for having trashed Lakin on the NBC issue. He waited to see them do themselves in, and then he destroyed them.

    FOX news was all gushy over the end of the policy, because, as we know, FOX is part of the commie revolution: their job is to simply more devious and byzantine, to hold the hand of conservatives so as to psychologically neutralize all opposition, pretending as they do that nothing is going on, when in truth, they should be urging a Second Revolution.

    Obama yesterday was all smiles, in his public news conference, where he appeared to morph into a John McCain, politicalyl speaking. He was speaking as if he was running for office, which he is, since with the 9-11 first responders bill, every victim gets about $10 milllion, ample monies to the union firefighters and policement to guarantee his re-election.

    This is Cloward and Piven all over again.

    As for the Republicans, their duty is to facilitate Obama’s revolution by neutralizing the Tea Party and resolving not to over turn any of his evil legislation.

    Mark my words…

  3. Here’s my own letter to MG Horst:

    Dear General Horst,
    I see you’re a ’78 USMA grad. My how far you have come since then! Far as in far from the mission of the USMA and the Core Values of the U.S. Army.
    Let’s imagine for a minute that I am a newly commissioned 2Lt. from the same USMA you graduated from, now serving under your command. How do you instill these following core values in me?
    1. Loyalty – Bear true faith and allegiance to the U.S. Constitution, the Army, your unit, and fellow Soldiers.
    2. Duty – Fulfill your obligations.
    3. Respect – Treat others as they should be treated.
    4. Selfless Service – Put the welfare of the nation, the Army, and your subordinates before your own.
    5. Honor – Live the Army Values.
    6. Integrity – Do what’s right, both legally and morally.
    7. Personal Courage – Face fear, danger, or adversity, both physical and moral.
    Note: The values were arranged to form the acronym LDRSHIP (leadership).

    You see sir, I am looking for you to show me how to lead; not just talk about it… but actually show me through your actions what being an exceptional officer in the U.S. Army is all about. Honestly, you have failed to impress me – miserably! As a matter of fact, having watched what you did to LTC Lakin I’m thinking to myself I’m not going to stay in this chicken s*** outfit if this is how the leadership is going to treat officers that ask a legitimate question. Blindly following all orders is not what I signed up to do. I was trained at the USMA to use my brain and think independently. After all, that’s what makes us different from our enemies, right? Further, my oath is to the U.S. Constitution above all else. I want to make a difference, but I wouldn’t follow you to the latrine much less into battle. You sir, are a coward!

    The mission statement from the USMA website states the following:

    “The mission of the USMA is to educate, train, and inspire the Corps of Cadets so that each graduate is a commissioned leader of character, committed to the values of Duty, Honor, Country as an officer in the United States Army.”

    Duty… honor… country. Oh how hollow those words now seem.

    General Horst, you are a disgrace to the uniform you wear and the nation you serve. May you I suggest that you immediately retire in shame and ask the people of our great nation and God to forgive you. Your actions have brought great discredit to yourself and the United States Army.

    Donald A. McDougall
    Capt (Ret.) USAF
    Gulf War Veteran
    CWO U.S. Army 1976-80
    7th SF Group Ft. Bragg NC

  4. An honorable attempt to reach out. What you are reaching out to is not interested in anything than a big fat nest egg. In fact I have that same opinion of a number of officers who stabbed me in the back just to protect a fellow criminal caught playing honorable service. That said, I’m sure there are more people who are in my shoes right now than serve at the pentagon. Most Vietnam vets know the game and the majority have died knowing it. We are repeating that shameful treatment, per the military specs of lying, denying and hiding info, with our gulf war vets of the entire operation and the Afghan/ Pakistan debacle. What most people need to understand is the cost associated with taking on the government in a legal fight is so immense that it is an effective deterrent against all but a lucky few who happen upon a mistake which creates a bargaining situation.

    That mistake we have this time is the fraud Soetoro being inserted into the presidency. It will take money to buy justice. He paid 1.8 million for the cover up. I would think he’d spend the 800 mil he has left in campaign contributions to litigate his shorts out of jail if he even got dragged into a courtroom. The question is, the trillions he’s “redistributed” among his shifting base will not be the last he steals so what price is it that we the people should pay to stop the treason? What price will we pay for not stopping it? History knows, dupes don’t.

  5. You are certainly correct not referring to any of these individuals by any honorable title. Our whole governing and legal infrastructure has long lost any claim to honor or respect.

    It is obvious that all their decisions are based on a predetermined goal and they will not deviate regardless of any proofs.

    It is time to quit asking and start telling.

  6. Great letter, jtx. None of these military types is entitled to his or her rank any more. From Mulliin to Nosworthy. That also means, by parity of reasoning, that the CiC is now just plain old civilian Barack HUSSEIN MOHAMMED OBama. (Aka the Usurper,)

    1. AKA usurper is certain, but my money is on his legal name still being Barry Soetoro, aka “Soebarkah.” He is a criminal fraud who certainly is not a natural born Citizen (at least not of the USA) and is very likely an illegal alien. It is an affront to truth, justice and the American way that the wrong man is behind bars.

      Hopefully this will change very soon now.

  7. This is a well composed letter and the arguments laid out in it are equally well made. I shall be watching here to see if we have leaders in our Military that have the courage to stand up like Lt. Col. Lakin did. If not, our country has entered a darkness from which it may not emerge.
    ELmo

    1. Wait till they hear about the ten of thousands of HOMO’s (that’s right, I said it) that can come out of the closet…glad I’m out or I’d be out!!!

  8. I have to think presuming the president is eligible is a gross abdication of duty and thus grounds for Lakin’s case to be appealed. Congress, the military and the courts all disgust me for trying to cover their own hineys rather doing the right thing by conclusively resolving this matter once and for all. This passing of the buck for the likes of Col. Lind and Dr. Chiyome Fukino to decide is a cowardly betrayal of the Constitution and needs to be smacked down.

  9. “It is not too late!!”??
    The camel has not only his nose under the tent flap, he is already all the way in the tent. Think Fort Hood. What a bunch of sanctimonious bull about “Hunky-dorey, let’s all sit around and sing Kumbaya and roast marshmallows”.
    The sorry a** son of a ***** Obama/Soetoro is in the White House and Attorney General Eric Holder is giving muslims a free paycheck, security pass and the keys to the federal government.
    Hell, believe it or not we have muslims serving in our military, how stupid is that? We have a president who is a muslim, how stupid is that? And now the court of Terry Lakin has given Obama a free pass. Let’s everybody lie down and make it easy for our throats to be slit.
    I took an oath, as did all of my fellow veterans, to defend the Constitution from domestic terrorists. We have just seen an example by Judge Lind what we can expect in the future.
    We have more and more of our enemy, those who follow Islam, arriving within our borders everyday and we send an honorable active duty serviceman to prison for exercising his Constitutional rights.
    What has become of my America is not what I put my a** on the line for in Vietnam, I tell you this. I walked the extra mile and I’ll be damned if I’ll sit back and let low-life cowards destroy an idea that took mankind thousands of years to achieve: freedom from tyranny.