Posted on 05/20/2010 11:35:49 AM PDT by 2ndDivisionVet
On May 12, the American Patriot Foundation announced that there will be an Article 32 military hearing that may reveal whether President Barack Obama is a native-born citizen of the United States. The hearing is set for June 11, after Lt. Col. Terrence Lakin refused to deploy to Afghanistan because the president refuses even in the face of mounting evidence to the contrary to prove his eligibility under the Constitution to hold office.
The American Patriot foundation operates the Safeguard Our Constitution website, which generated a great deal of support for the movement for Obama to provide documentation proving his eligibility to serve as President. Those involved in the movement have been dubbed birthers, a term that has generally been met with contempt by the mainstream media and Obama supporters.
However, Lakins staunch insistence that Obama is responsible for proving his eligibility has gained some notoriety, even prompting CNN to provide media attention to the movement on Anderson Coopers program. On the show, both Lakin and his attorney, Paul Rolf Jensen, presented a series of facts to legitimatize their concerns.
The certification of live birth found on the Internet, which purports to prove that Obama was born in Hawaii, has been dismissed as valid proof, as it is a short-form document, as opposed to the long-form document that lists the hospital and attending physician. Short-form documents are easily obtainable. In addition to Obamas missing birth certificate, other documentation that has been concealed includes kindergarten, elementary, and secondary school records; college records; Harvard Law Review articles; passport; medical records; Illinois State Bar Association records; baptism records; and adoption records.
The constitutional language in question is tricky, as it states that the president of the United States must be a natural born citizen, though the term has been undefined. Some argue the term means that the president must be born in the United States to two parents that were also born in the United States. If that proves to be the case, Obama would be disqualified, since he has openly admitted that his father never was a U. S. citizen. However, much of the legal challenge of Obamas eligibility rests upon the presumption that Obama was not even born in Hawaii, as he claims.
As a result of Lakins oppositional failure to report to duty, charges have been filed against him. According to Safeguard Our Constitution, the charges against Lakin are serious and can result in years of hard labor in a penitentiary, but Lakin refuses to rescind his demands, as he asserts that serving in a military operation under an ineligible president is illegal. It is Lakins hope that the charges against him will lead to the discovery of information to prove or disprove Obamas legitimacy, which is his ultimate objective.
In the past, however, this has not proven to be the case. Attorney John Hemenway was threatened with sanctions by a federal judge when he attempted to challenge Obamas presidency. Hemenway welcomed the threat, however, as he believed it would lead to a discovery hearing, which would necessitate the search for documentation proving Obamas eligibility. At that point, the court rescinded its sanction threats.
Any deployment orders filed under Obama that were met by questions of his eligibility have been rescinded. World Net Daily columnist Vox Day writes that this behavior suggests that the Pentagon generals are not entirely confident that they can demonstrate the legitimacy of their purported commander-in-chief.
According to World Net Daily, Obamas actual response to those who question his eligibility to be president under the Constitutions requirement that the U.S. president to be a natural born citizen has been to dispatch both private and tax-funded attorneys to prevent anyone from gaining access to his documentation.
Lakin joins the ranks of Army doctor Capt. Connie Rhodes and Army reservist Maj. Stefan Cook, both who have also questioned Obamas legitimacy, but Lakin remains the first-active duty officer to raise issue.
Additionally, recent ABC polls reveal that tens of millions of Americans question Obamas eligibility, including many who are in favor of Obama.
In addition to the controversy over Obamas birth certificate, World Net Dailys Jerome Corsi reports that two independent investigations by two different investigators in two different states (using two different data sources) discovered that the Social Security number used by Barack Obama mysteriously coincides with Social Security numbers verified to have been issued by the state of Connecticut between 1977 and 1979, a full two years after Obamas first, publicly-documented record of employment at a Hawaii Baskin-Robbins back in 1975. If this is true, not only is President Obama guilty of illegally accepting the presidency, but of identity theft as well.
Joseph Farah, founder of the World Net Daily, has launched a full-fledged campaign questioning Obamas presidential legitimacy. A petition has been circulated, generating 500,000 signatures from those demanding proof of Obamas eligibility, while yard signs, bumper stickers, and billboards are popping up asking Wheres the birth certificate?
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Everything you say should be seen in the light of your agenda.
So where did he sue Rumsfeld as OldDeckHand claimed?
Are you unable to read?? I didn't say this wasn't an issue. I said this isn't about an issue being incorrect, such as the "war is bad" or "being in Afghanistan is unconstitutional." What we're looking at is a president who hasn't proved his eligibility. That's neither correct nor incorrect; it is simply unresolved.
Good grief. Do you even know what that means?
I'll tell you. It means that NONE of this business about Obama's alleged ineligibility will be something that is argued in front of the jury panel. Why? Because the order's lawfulness is something for the military judge to decide, not the jury panel.
Once the judge rules that the orders were lawful (and based upon almost 25 years as a JAG, that is the most predictable ruling in the history of judicial rulings), Lakin's defense fall apart. At that point, Lakin will have to change his plea from guilty, to not guilty if he wishes to preserve the issue for appeal.
Then it becomes pretty remedial business for the government to prove that Lakin missed his movement. Because intent is not an element of missing movement, Lakin's motivation for not deploying become irrelevant and inadmissible at trial. It doesn't matter why he missed movement, just that he did.
This becomes a slam-dunk conviction for a green horn JAG. At least Lakin might have a compelling appellate case based on ineffective assistance of counsel. He's got that going for him.
Ping
A president doesn't have to prove his eligibility to anyone but the people who place him on the ballot for office. That would be the 50 state Secretaries of State. The Electoral College also has a role to play, which they played.
Who doesn't have a role to play, here? The US military, that's who. It's not the role of the US military to inspect the Commander-in-Chief for constitutional infirmities.
If Biden cracks Obama over the head and locks him up in a box, Declares himself president and then orders an invasion of North Korea, what should the Generals do?
This question just for fun.
I would think the Generals should invade, as O was never really a legit president anyway.
The Democrats, media and B. Hussein Obama cannot hide his birth papers forever. This will catch up to them someday. Maybe this case is it.
I'm sorry, but since you've called me a liar, I'm going to stop being kind. You're an idiot. If you refuse to acknowledge the myriad of cases where service members have refused deployment orders, claiming that their deployments were illegal, I can't help you. I'm quite sure no one can.
Which is pretty damn despicable, IMO!
Reductio ad absurdum.
Yet the fact remains we are governed by an Indonesian/British/Kenyan/Marxist/Communist/Islamic/Muslim citizen. We are his slaves. And that sucks.
You don't understand the meaning of "affirmative defense". You should familiarize yourself with the term lest you keep embarrassing yourself.
Again, reductio ad absurdum.
I never claimed infallibility, although to date, I have yet to be wrong in any of my Birther legal predictions. Be that as it may, my logic is irrelevant to your absurd arguments.
Come on, picture biden with a hammer ... dont tell me you didnt laugh!
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