“The burden of proof rests solely on Barack Obama to demonstrate to the American people and to the U.S. Armed Forces that he commands, that he is lawfully serving in his current capacity as head of the Executive Branch of the federal government.”
Wrong. A misstatement of the law. Look, he’s far from my favorite CinC, but the presumption under the UCMJ is that the orders were lawful, so it’s up to Lakin to prove they were not.
Colonel, USAFR
That shouldn’t be too hard. There’s no legal evidence Obama was born in Hawaii, there are several accounts, including from Obama’s own wife, that suggest he’s a native of Kenya, and the Supreme Court gave us a definition of natural born citizen that excludes Obama from eligibility. The ball is in his court now.
...the presumption under the UCMJ is that the orders were lawful... Sounds reasonable.
1. What amount of circumstantial evidence, if any, will shift that burden?
(Include here, a very long list of facts and documents, some of which have been intentionally altered or concealed.)
2. What other steps are available to a commissioned officer who wishes to honor his or her oath to defend the Constitution, but is prohibited from political activity?
“Wrong. A misstatement of the law. Look, he’s far from my favorite CinC, but the presumption under the UCMJ is that the orders were lawful, so it’s up to Lakin to prove they were not.”
Colonel. Sir, from a legal/JAG perspective what you say may be correct. However, from the perspective of a potential foxhole dweller, I must disagree. LTC/Dr. Lakin is challenging the current POTUS’ eligibility based upon constitutional requirements. The military judge is NOT allowing discovery. How can LTC/Dr. Lakin “prove” the orders are invalid without showing the ultimate source (the POTUS) to be invalid/questionable. This current administration with its evasiveness to provide simple documents and records has made that “presumption” of lawful orders to be shaky. Numerous quotations from reputable sources have been made on FR posts that show the ultimate authority for military orders under the UCMJ derive their source in the POTUS. (Goodness my commissioning orders say “by direction” of the POTUS) If the source is tainted, then everything down the line is. As a still serving, USAR field grade officer, I want to see the POTUS clear this issue up with transparency. LTC/Dr. Lakin should be allowed discovery. IMO, albeit uneducated, the findings of any court martial of LTC/Dr. Lakin are invalid IF he is not allowed full discovery to properly defend himself.
I am please the LTC Lakin is not backing down. He is a very brave man IMO.
Col. where does the command order stop upline when order soldiers to war. At Pentagon or below or the W.H. (C-i-C)???