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, Lakin’s 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 Cooper’s 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 Obama’s 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 Obama’s eligibility rests upon the presumption that Obama was not even born in Hawaii, as he claims.
As a result of Lakin’s 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 Lakin’s hope that the charges against him will lead to the discovery of information to prove or disprove Obama’s 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 Obama’s presidency. Hemenway welcomed the threat, however, as he believed it would lead to a “discovery hearing,” which would necessitate the search for documentation proving Obama’s 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, “Obama’s actual response to those who question his eligibility to be president under the Constitution’s 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 Obama’s legitimacy, but Lakin remains the first-active duty officer to raise issue.
Additionally, recent ABC polls reveal that tens of millions of Americans question Obama’s eligibility, including many who are in favor of Obama.
In addition to the controversy over Obama’s birth certificate, World Net Daily’s 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 Obama’s 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 Obama’s presidential legitimacy. A petition has been circulated, generating 500,000 signatures from those demanding proof of Obama’s eligibility, while yard signs, bumper stickers, and billboards are popping up asking “Where’s the birth certificate?”
As such, she has failed to state a claim upon which relief may be granted and her RICO claims will be dismissed.
And "Ms. Taitz has failed to sufficiently plead her claims. To the degree a RICO complaint sounds in fraud,..."
You're still an Obot clown. When we mean merits of the case against Obama - means going to TRIAL. A full blown case where witness and discovery can be presented and crossed examined. It is in the judge's prerogative to take a case to trial even if even he thinks that the plaintiff has no standing if he believe justice will still be served. For obvious reason they have not taken that course.
There has been no trial to flesh out those CLAIMS. Without discovery in this case against Obama who hides and controls all the relevant facts against him in the Executive Branch and other institutions around the world, the case is not going anywhere, unless there are leaks, and if whistle blowers come forward.
The legal definition
"on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome. Example: An attorney is two days late in filing a set of legal points and authorities in opposition to a motion to dismiss. Rather than dismiss the case based on this technical procedural deficiency, the judge considers the case "on the merits" as if this mistake had not occurred."
According to Lamberth, Taitz failed to state the merits of her claims...as in standing. She has no merits to her claim because of her lack of standing according to Lamberth. Or in the RICO part, her evidence didn't rise to the level in the opinion of the court to go forthwith.
In other words, that is a "technical procedural deficiency" as the definition above says.
If this case goes forward and overcomes those technical procedural deficiencies, we may get to see what Obama is hiding from the public and the courts to what his legitimate factual record as in:
-The Hawaiian birth records
- border entry records
- State Department records
- Passport records
- Education records
- Foreign government records
- Other private records
Hey Soros and DNC operatives, you pay this Obot clown too much whatever it is.
I hit the “post” button too soon and omitted an extremely important and relevant quotation from Judge Lamberth’s decision on quo warranto. Substitute the name “Lakin” for the name “Taitz” and change the gender to “he.”
“Because Ms. Taitz is neither the Attorney General of the United States nor the United States Attorney for the District of Columbia, she does not have standing to bring a quo warranto action challenging a public official’s right to hold office.’ Accordingly Ms. Taitz’s quo warranto claims are dismissed for lack of standing.2 See FED. R. Civ. P. 12(b)(1).
As an aside, do you have ANY doubt whatsoever that Afghanistan is part of our national policy, regardless of who is in office, back by every President & presidential candidate and significant majorities in Congress?
If it is a legitimate part of our national defense policy, then Lakin could find a different order to disobey. He could refuse to cut his hair, because the regulations requiring it are grounded in the CINC. He could refuse PCS orders, or go AWOL (which would be more intellectually consistent).
But refuse to deploy to Afghanistan?????????
Your post 493 is important for anyone interested in WINNING a case, rather than just collecting money and entering a courthouse somewhere before being tossed out...
I’d be curious why so many birthers are not interested in WINNING their case. Where is the REAL deception?
You’re still an Obot clown. When we mean merits of the case against Obama - means going to TRIAL. A full blown case where witness and discovery can be presented and crossed examined. It is in the judge’s prerogative to take a case to trial even if even he thinks that the plaintiff has no standing if he believe justice will still be served. For obvious reason they have not taken that course.
There has been no trial to flesh out those CLAIMS. Without discovery in this case against Obama who hides and controls all the relevant facts against him in the Executive Branch and other institutions around the world, the case is not going anywhere, unless there are leaks, and if whistle blowers come forward.
The legal definition
“on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case “on the merits” when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome. Example: An attorney is two days late in filing a set of legal points and authorities in opposition to a motion to dismiss. Rather than dismiss the case based on this technical procedural deficiency, the judge considers the case “on the merits” as if this mistake had not occurred.”
According to Lamberth, Taitz failed to state the merits of her claims...as in standing. She has no merits to her claim because of her lack of standing according to Lamberth. Or in the RICO part, her evidence didn’t rise to the level in the opinion of the court to go forthwith.
In other words, that is a “technical procedural deficiency” as the definition above says.
If this case goes forward and overcomes those technical procedural deficiencies, we may get to see what Obama is hiding from the public and the courts to what his legitimate factual record as in:
-The Hawaiian birth records
- border entry records
- State Department records
- Passport records
- Education records
- Foreign government records
- Other private records
Hey Soros and DNC operatives, you pay this Obot clown too much whatever it is.
Find a prosecutor who will at least investigate Obama via a Grand Jury with subpoena power for forgery or fraud and who might issue an indictment, then request a jury trial.
Voila! A case can be “decided on the merits” after a real trial!
But even in a criminal jury trial, there will be a motion to dismiss as soon as the gavel falls.
In civil litigation it is often judges alone who render opinions on the merits or lack thereof. That happens all the time. Since no Obama eligibility lawsuit has been reversed on appeal, the summary dismissals have obviously been appropriate including seven appeals denied at the US Supreme Court level.
There is no law which requires a citizen, even an elected federal official to produce the documents and records that you mention solely for the curiosity of one’s political opposition.
If Obama hasn’t been forthcoming enough for you about his past and his records, vote against him in 2012.
You are welcome. I am a genuine nutjob and proud of it, so don't worry about that.
Thank you for your service, and I mean that. Your willingness to deploy reminds me of my grandfather who volunteered for WWI, WWII and Korea.
Me, I was accepted into the Marine Corps OCS as an F4 Phantom navigator/bombardier candidate. But I did not have “the right stuff” and washed out after only one delightful month at Quantico (barracks situated between AMTRAK/freight line and the Marine Corps Air Station flight line). Due to a chain of command issue, I even managed to get myself read my rights under the UCMJ, but was not charged, fortunately.
The Bible quotes you posted on “the light” were excellent, BTW.
Point scored. I hereby proclaim you to be a TRUE anti-birther and not a mere political operative.
Your post 493 is important for anyone interested in WINNING a case, rather than just collecting money and entering a courthouse somewhere before being tossed out...
I’d be curious why so many birthers are not interested in WINNING their case. Where is the REAL deception?
Often when people are passionate true believers they can become blind to logic and reality.
While I have deep, abiding respect for the passion of most birthers, it is often that their lack of rationality and good judgement is disappointing.
As Sun Tzu said in the Art of War: “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”
The Obama eligibility lawsuit scorecard: Obama: 69 dismissals and appeals denied/Birthers: 0 favorable opinions rendered/0 verdicts reversed on appeal/0 appeals heard before the Supreme Court of the United States.
UH uh. Wrong assumption. Speaking as an avid birther - the only thing I want is a case to be heard on the merits, get to discovery, and get to an actual trial where Obama must present his documents (and not just the bc either - all of the other documents he's hiding from school records to his missing Senate records from Illinois).
We don't need to win squat - we need to be heard - and the only way we are going to be truly heard is through discovery.
But I don't just speak for myself. I've noticed lately my church is becoming filled with birthers!!! I can't tell you how many people I've talked to following a sermon on Sunday that have begun to talk about Obama being an illegal President!!!! Whether you like it or not, this movement is growing, not dissipating. Why? Because people are waking up that Obama and his followers have NO GOOD REASON to keep this stuff hidden.
At this rate Obama's presidential library is going to be the size of a closet, with RESTRICTED stamped on the front door!
Who says the republicans and democrats are in opposition? Some court?
They often reach across the isle to “get things done” - do they not?
I contend that they they are 2 sides to the same out of control federal government coin. And that they act mostly to support their own re-election.
Oh, and to stave off competition , such as the tea party .
Who says the republicans and democrats are in opposition? Some court?
They often reach across the isle to “get things done” - do they not?
I contend that they they are 2 sides to the same out of control federal government coin. And that they act mostly to support their own re-election.
Oh, and to stave off competition , such as the tea party .
Who says the republicans and democrats are in opposition? Some court?
They often reach across the isle to “get things done” - do they not?
I contend that they they are 2 sides to the same out of control federal government coin. And that they act mostly to support their own re-election.
Oh, and to stave off competition , such as the tea party .
IMO, therein lies the foundation of why your sub commander friend believes LTC Lakin is doing the wrong thing.
Clearly, Lakin believes otherwise (that Barry was not vetted in any way).
Your friend has placed far too much trust in those (currently) who should have vetted Barry. Namely, the DNC and the media. Clearly, neither would ever deem him ineligible...at all costs, no matter what.
The next time you chat with your friend, ask him how someone born a subject to the crown of a foreign government could possibly be considered a NBC as known by and intended by the framers. It would be interesting to see if he believes it's OK that the Commander in Chief to be a citizen of two countries.
Clear as mud. Obama's eligibility does not affect the validity of the orders given Lakin by his brigade commander.
So what? If I'm out of work and rob a bank claiming I need the money to feed my family then I'm sure the jury will shed a tear for my plight...right before they convict me of bank robbery. The reason why Lakin did what he did is irrelevant. The deed is done. He missed movement and he refused to obey orders. If Obama was removed from office tomorrow that wouldn't change a thing. The court martial could, and should continue.
The court martial may try to dance around it, but it will be obvious to all watching that they are dancing with the frauds.
You think everyone is a fraud who doesn't agree with you 100%.
“Ridicule instead of substance is the weapon of choice for Obots and Alinsky acolytes like Auroreales.”
I've noticed just on this thread alone you love to throw out the “obot” and “alinsky” insults to FReepers who I know to be Conservative Constitution loving Americans.
Thank you for including me in good company.
Your freshman level psychology tactics are sad and transparent.
Again, another kool-aid drinker who is fooling no one on this board.
No, and neither does Lakin.
As Lakin explained, his conscience is troubled by Obama’s intentional obstruction of discovery of his HI vital records, not by the US policy regarding Afghanistan.
Let's see how Lakin’s strategy of attempting to force Obama’s hand works out either in a court of law or in the court of public opinion.
Now you are admitting that this case discussed and all other eligibility cases have never been decided on the merits.
In your last post you were saying that the court already determined the case on the merits where you put in capital letters : "THIS IS A VERDICT ISSUED ON THE MERITS OF THE CLAIM." In the subsequent post [501], I showed you beyond a shadow of a doubt how wrong you are, which if anyone who looks up and down this 500+ post thread can see it happens with regularity. Hell, it happens everyday to you on FR.
YOU: There is no law which requires a citizen, even an elected federal official to produce the documents and records that you mention solely for the curiosity of one’s political opposition.
Running away to another area of the Obama eligibility issue after you have been slapped down as usual. It's more than 'curiosity' Obot, The guy who occupies the White House is criminal.
YOU: If Obama hasn’t been forthcoming enough for you about his past and his records, vote against him in 2012.
That's a given without saying. I doubt Obama will run if there is a chance to expose his hidden past. And no "if" about it. He's a "fruad" or fraud in every way you look at it.
The scorecard is not flattering to faithers and sand heads. It tells us a couple of things. This is a large number of individuals who have had the conviction (pun intended) to take this issue to a court of law. IOW, this is proof that it's not a fringe movement as faither and Obots would try to characterize it. A fringe movement would be lucky to get one or two cases to a courtroom. 69 cases, no way. Second, if Obama was legit, the scorecard should be 1-0, not 69-0. IOW, if he was legitimate he could have PROVED IT in a court of law rendering the 68 additional cases to be moot. As long as the courts avoid hearing this case on merits, the court cases will continue to pile up. Don't celebrate someone who successfully hides the truth with aid from the courts when he falsely promised to be transparent.
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