Posted on 09/14/2010 1:00:58 AM PDT by STARWISE
Complete Title:
Retired JAG Officer Says Judge’s Ruling Against Discovery for Lakin Could Derail Case Based on Legal Precedent
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A retired JAG officer with over 23 years of experience, says the military judge who ruled against discovery for a Greeley Army officer may have derailed the government’s case based on precedent from another high profile case involving a military officer.
Lt. Col John Eidsmoe, a retired Air Force officer who works for former Alabama Chief Justice Roy Moore at the Foundation for Moral Law, said Lakin is “raising legitimate constitutional questions” regarding President Obama’s eligibility to be commander-in-chief.
Eidsmoe said the issue has been around for several years and was first raised by Phillip Berg, a liberal Democrat who was a Hillary Clinton supporter.
“If he is a legitimate citizen of the United States, he could easily clear that up just by releasing the information to prove it,” Eidsmoe said
“When the national interest is at stake, he has a duty to put personal feelings aside and show us he’s legitimate, if he is.”
Last week at a hearing on the motion for documents relating to the President’s eligibility under the Constitution, the judge ruled Lakin did not have any rights to discovery.
Jensen (Ltc Lakin's attorney) said in the morning the judge listened very intently and she “found our arguments very appealing.”
After lunch she issued a motion ruling against Lakin on all counts. In a meeting with the press afterwards, Jensen said he “was astonished that she would leave them with no defense whatsoever.”
He went on to say that they were going to be given “no discovery at all” and they would be barred from “introducing any witnesses on the legality of the order.” Jensen said that they will immediately appeal the ruling to the Army Court of Criminal appeals as this ruling completely prevents them from providing a defense.
In issuing the decision, Lind said Lakin would not be permitted to call witnesses because it has the “potential for embarrassment” of the President. Margaret Hemenway, spokeswoman for Col. Lakin, said the judge appeared to imply Lakin could be a racist by asking if this would be happening if Bush were the commander-in-chief.
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((Note: this is allegedly how Judge Lind stated the 'embarrassment' issue:
“The potential for embarrassment from multifarious pronouncements by various departments on one question are uniquely powerful to ensure that courts-martial do not become the vehicle for adjudicating the legality of political decisions and to ensure the military’s capacity to maintain good order and discipline in the armed forces.”
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In the decision the government stated that even if Obama is not eligible it would not matter and all actions taken by the president would still be valid. They also state that Lakin is “duty bound to follow the lawful orders of his superiors even if the eligibility of the President under the constitution is later found deficient.”
The issue of the president’s birthplace is outweighed by “the danger of confusing the issues” according to prosecutors.
Eidsmoe said these statements could possibly cause problems for the government’s case based on precedent set in another recent high profile case involving Lt. Col. Michael Murphy.
Murphy was a high ranking official who served as general counsel to the White House Military office under President George W. Bush.
In 2006 the Air Force discovered he had been disbarred for over 20 years in Texas and Louisiana, however, Murphy had told the Air Force he was never subject to any disciplinary issues. The military charged him with nine counts of conduct unbecoming an officer and one count of failure to obey a general regulation.
At the arraignment his lawyers requested records from his time with the WHMO arguing the records were needed in order to provide a defense. The WHMO refused to release the documents requested and the judge agreed, ruling that the information was not harming the lawyer’s ability to mount a defense to the charges which did not directly relate to his time at WHMO.
The Air Force Times reported that, “The information would not relate to the facts of the case but could have been useful in presenting what is known as the "good airman” defense, a doctrine in military law that allows the defense to present information about the defendant’s character and job performance.”
The judge also ruled that a lack of access to the records would affect the defense’s ability to demonstrate Murphy’s good conduct and performance during the sentencing phase of the trial, calling the ability to present mitigating evidence about conduct “a substantial right of a military accused.”
The judge also ruled that even if found Murphy he could not be punished and the Air Force of Criminal Courts agreed.
Eidsmoe said the circumstances in the Murphy case are very similar to Lakin’s case with the refusal to allow documents and witnesses related to the President’s eligibility.
Two days prior to the ruling, a former three-star Air Force general I who was a command pilot with 407 combat missions, filed an affidavit supporting of Lt. Col. Terry Lakin. Retired Lt. General Thomas McInerney said in an affidavit filed prior to Lakin’s September 2nd court hearing that officers are and must be “trained that they owe their highest allegiance to the United States Constitution.” He goes on to state as part of a training officers received is that they “must disobey an illegal order.”
On the eligibility issue, McInerney said “if he is ineligible under the Constitution to serve in that office, that creates a break in the chain of command of such magnitude that its significance can scarcely be imagined.”
He went on to note part of his duties including commanding forces equipped with nuclear weapons and it was important “that the personnel with access to these weapons have unwavering in absolute confidence in the unified chain of command, because such confidence was absolutely essential in the event the use of those weapons were authorized.”
Gen. McInerney was the former assistant vice Chief of Staff, headquarters U.S. Air Force Washington, DC. Additionally he has logged over 4100 flying hours, including 407 combat missions as a command pilot. Commenting on Lakin’s refusal to obey orders, the general praised him saying, “In refusing to obey orders because of his doubts as to the legality, LTC Lakin has acted exactly as proper training dictates.”
Praising Lakin for following his conscience, McInerney said it was vital for the judge to grant Lakin’s request for discovery pertaining to the President's birth records as “absolutely essential to determining not merely his guilt or innocence, but to reassuring all military personnel once and for all for this president whether his service as commander-in-chief is constitutionally proper” noting that the President “is the single person in the chain of command that the Constitution demands proof of natural born citizenship.” He also said that “allowing access to these records is critical to our Republic.”
Supporters of the President have said there is no need for Obama to release any of the records requested because the online copy of the certification of live birth released during the campaign is sufficient proof. They also claim that the President is under no obligation to release them citing privacy laws.
McInerney disputes that saying, “The invasion of his privacy in these records is utterly trivial compared to the issues at stake here.
McInerney is the third former general to come out in support of Lt. Col. Lakin, and the highest ranking member of the military thus far.
Other discrepancies in the President’s childhood history have also helped fuel the controversy. Obama's half-sister, Maya Soetoro, claimed in an interview with the Rainbow Newsletter in 2004 that he was born at Queens Medical Center in Honolulu on August 4, 1961. In an interview with the Honolulu Star Bulletin in February 2008, she stated that he was born at the Kapiolani Medical Center for Women and Children.
Additionally, there are numerous foreign news sources disputing his Hawaiian birth. The Kenyan Observer in 2008 made reference to “the Kenyan born senator.” African Travel Magazine declared “as Kenyan born, US Senator Barrack Obama gets into Kenya today…”
Basically, what this article might be saying of what this ex JAG officer is saying , is for the Obama administration, Obama’s hench men better not open the corks of the champagne bottles just yet because the judge miffed up the case for the government by not allowing Lakin a proper defense or discovery in this case by looking at another high profile case as precedent.
The issue of the president’s birthplace is outweighed by “the danger of confusing the issues” according to prosecutors.
Where in the constitution does it say that the “the danger of confusing the issues” takes precedence over the clear wording in the constitution?
The coup d'etat was a smashing success. When are "we the people" going to comprehend the magnitude of what we have witnessed these past 22 months?
Many T’anks Starwise.The local Deadly Senile seems not to cover this much . Haven’t looked at the Denver Poop but it usually proves a disappointment. The one legal mind I wait to hear is Col Ronald D.Ray USMC Ret. who did a great job defending Michael G.New on Constitutional issue not yet resolved.IMO illegal order to alter the BDU to signify foreign service seems less serious than knowledge that you are called to serve someone not ,and known to be NOT eligible to clean latrines.
For later reading. God Bless America and all of our Warriors.
When I was smokin’ dope— I used to tell folk I come out of the sky in a giant purple and orange eggplant that turned to
squash when it hit the earths atmosphere -so there is maybe millions like me all over the place. I thought it brilliantly funny then—now it looks as valid as the claim that our President is a natural born citizen.The issue is not his birthplace it is the Constitutionality of the one claiming to be a Hotshot Harvard man and constitutional scholar pretending to be eligible to serve as CIC.
Let us pray there are enough patriotic constitutionalists left to do just to listen to Col John Eidsmoe-and to Gen. McInerney, and Col Terry Lakin. IMO ,an unlearned opine, Military Judges are often well enough educated to see a hot potato or live grenade tossed in their lap-Perhaps Lind was more focussed on the dodge/i.e dropping the hot potato before
she could get burned by honoring her military Oath.
Again I may be wrong— but I believe this dust about the President’s “birthplace” is deliberate act to deflect from the real issue. The Constitution speaks of the President must be a
Natural born citizen and that term had specific meaning ,known even to us today. “place of birth” is but one aspect of the
meaning of the term used.The President’s clearly divided loyalties (divorced form everything known to be American) is
proof enough to me he is NOT a natural born citizen-not eligible.Don’t let the enemy confuse the issues.
Concur. SCOTUS here we come.
Good timing for a January SCOTUS decision, just after a new R Speaker of the House takes office.
“As long as I am president”... (there wont be violence my words). I think I have heard this twice in the last two weeks.
I think he is subtly acknowledging there is a problem and that he and Michele will kick off race riots to keep the office, and this includes reelection in 2012.
So, was the judge using “embarrassment” to describe conflicting rulings by multiple jurisdictions or personal embarrassment to Barry? Looks more like the former in the quote.
Did you catch the section of the EO on legal errors? Very interesting, indeed.
I doubt that it will. If the trial was to be fair and honest, it probably would. But , this trial is not fair or honest, the purpose of this trial is to protect obama and make an example of those who question his eligibility. obama was placed in power by those with full knowledge that he was not qualified Constitutionally to hold the office of President. And thet will do what is necessary to keep him in power.
or
CHARGE I, VIOLATION OF THE UCMJ. ARTICLE 87The Specification:
In that Lieutenant Colonel Terrence L. Lakin, US Army, did, at or near Arlington, Virginia, on or about 12 April 2010, through design, miss the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.CHARGE II, VIOLATION OF THE UCMJ . ARTICLE 92
Specification 1:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Lieutenant Colonel William Judd, to report to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.Specification 2:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Gordon R. Roberts, to wit: a memorandum signed by the said Colonel Gordon R. Roberts, dated 31 March 2010, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.Specification 3:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Peter M. McHugh, to wit: Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, requiring the said Lieutenant Colonel Terrence L. Lakin to report to Fort Campbell, Kentucky not later than 1500 hours on 12 April 2010, an order which it was his duty to obey, did at or near Washington, District of Columbia, on or about 12 April 2010, fail to obey the same by wrongfully failing to report to 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.Specification 4:
In that Lieutenant Colonel Terrence L. Lakin, US Army, who knew or should have known of his duties at or near Washington, District of Columbia, on or about 12 April 2010, was derelict in the performance of those duties in that he willfully failed to report to Fort Campbell, Kentucky in accordance with Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, in support of Operation Enduring Freedom, as it was his duty to do."
Rush Limbaugh said yesterday: You people at AP, would some of you, any of you start maybe considering that this is purposeful? Have you ever heard of Cloward-Piven? These two yokels, I think they were Columbia, and they said the only way to overthrow the United States is to create utter and total chaos. Flood the system so that it breaks down, meaning the welfare state, flood it so it breaks down. There's no money to help anybody, and everybody needs help; everybody is in poverty; everybody is dependent; everybody loses their house; everybody is this or that or at least the vast majority of people do because when that happens then the public -- this is the theory -- will clamor for a powerful executive -- i.e., in this case Obama -- to run in and rescue it all by taking total control of it. It's a strategy. It's a strategy of a couple of leftist communists, Cloward-Piven. Nobody can prove that Obama is following it, but, if he's not, it's a strange coincidence. I don't know how things would be any different if he was following it, and we do know that he loves power and wants more of it.
MY COMMENT: It's pretty obvious that Obama and his band of traitors should be tried and convicted but AP is still trying to figure out if these clowns are socialists.
The natural born status of George W. Bush was SELF-EVIDENT!!! To question GWB’s natural born status would be silly! ( This judge is an idiot and a toady suck-up.)
Armies of relatives, friends, and neighbors stood ready to testify of GWB’s origins and those of his parents. Since Obama does not have citizens who can testify for him, then it is reasonable to ask him for the paper documentation of his birth and childhood circumstances.
I hold Rush Limbaugh in complete CONTEMPT!!! Words do not exist that can convey my contempt for Rush Limbaugh.
Rush has done two things:
1) He IGNORED the constitutional issue of Obama’s eligibility prior to the usurper's election.
2) Then, when he did finally devote less than a total of 5 minutes to the natural born question, Rush Limbaugh treated it like a trivial JOKE!!!
If Rush Limbaugh can't defend the Constitution ( **ALL** of it) when the only consequence is a little ridicule from the the mainstream ( Marxist) media, then why would any FOOL believe he would defend it in the face of real tyranny, jack boots at the door, and concentration camps????? HUH???
If this nation falls to tyranny, Rush Limbaugh will sell his talent to the fascist oligarchy, and spit shine the jack boots crushing us!!
( And ...again...The above does not even begin to convey my contempt and disgust for how Rush has ignored Obama’s eligibility!)
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