Posted on 12/16/2010 7:00:55 AM PST by JLWORK
Good Soldiers, Marines, Navy SEALS, Airmen and other military personnel are fighting and dying every day in Afghanistan and Iraq on behalf of every citizen of this Republic. My deceased father, a combat veteran of the China-Burma-India Theater of Operations during World War II, often said, sometimes people get killed in wars.
Yesterday, Lt. Colonel Terry Lakin was convicted of four charges for refusing orders that would have sent him to the war in Afghanistan. He is a highly decorated Army Flight Surgeon who, until this decision he made to disobey his orders, had an unblemished record. He wears a Bronze Star on his uniform.
He is guilty as charged. He faces three and one-half years at hard labor in Leavenworth Prison for his defiance. Lakin wanted to be certain that his orders to deploy were lawful that the Commander In Chief is Constitutionally eligible to hold his elected office. He was not allowed to present any documents or witnesses in his own defense.
It is a soldiers duty to not obey unlawful orders. That tenet was firmly established at the Nuremburg trials following World War II, when German military officers invoked the orders they were given in defense of their actions. Many of them, who were direct or indirect participants in the killing of civilians during Hitlers extermination of Europes Jews, were executed by hanging.
Obeying an unlawful order can send you to prison or to the gallows as surely as disobeying a lawful one.
The elected Commander In Chief, Barack Hussein Obama, is purported to be a natural born citizen, as is required by the Constitution. The fact is that he has covered all of his records, college, university, financial aid, selective service, passport application, long form birth certificate all of it by means of Court Orders is most disturbing. What is not concealed by the Courts he has refused to release. All we know about this man is what he told us in his two books. Enough documents have been uncovered through several ongoing investigations to discredit much of what his books tell us, casting credible doubt upon the veracity of the reports he has given us regarding his origins and life story.
Obama continues to hide behind his Court Orders. He was never vetted by the so-called American Press Corps, by any television media outlets, or by the Congress which, by the way, compelled 2008 presidential candidate John McCain to produce his proof of citizenship or by the Democratic Party that placed Obamas name into nomination.
If Obamas true origins are ever revealed, and he is found to not be Constitutionally eligible to hold the office he now occupies, it will be among the greatest frauds in history ever to be perpetrated on a People. It will be an immense crime wherein all of the forensic evidence, in this case his documented history, was buried before the crime was actually committed.
The investigations go on. Eligibility lawsuits are still active and pending. A new Congress will be sworn in come January. They who are content for the truth to remain hidden chant accusations of racism at them who are asking for answers. Calling a person who asks for a straight answer to a question a racist is a handy means to end the questioning. No one wants to be labeled a racist. And the truth is still concealed.
Lt. Colonel Terry Lakin is a hero.
An illiegitimate CinC = an illegitimate chain of command. The orders are technically not lawful. This is on Obama. Period.
In your opinion.
I was commenting from the general point of view of the Blackstone of Military Law, William Wintrhop, who said the President is the original source and authority for military regulations. Just stands to reason that a CinC with compromised authority compromises the chain of command.
If one does not read the Constitution one might come to that conclusion based on the President being CinC. If one reads the Constitution, specifically Article I, Section 8, then it's clear that that conclusion is wrong. Congress is the source and the authority for military regulations and military law.
Winthrop addresses this in distinguishing between the constitutional functions of Congress and the President.
"The word "regulation" or "regulations," (as also the allied term "rules,") is employed sometimes in the Constitution as descriptive of statute law, and this use has proved confusing to the student. A similar designation occurs in certain, especially of the earlier public Acts, though it is not frequent. As a general practice, Congress, in framing a public law in which provision is made for an elaborated system, a measure of policy, or other extended subject or project, of which the execution involves minor details of performance, disposes of such details in one of three forms. It either goes on itself to prescribe rules, general or specific, for such performance; or it authorizes some public oficer to make proper rules for the purpose; or it is entirely silent on the subject, prescribing no regulations itself and devolving no authority, in terms, upon any official."
- - -
"The Constitution devolves it upon the executive department to "take care that the laws be faithfully executed." In a case, therefore, of a law of which the execution requires to be specifically methodized, it is the duty of that department, and it is authorized, in the absence of any express authority for the purpose, to prescribe the rules or directions necessary and proper to effectuate the object of the statute; care of course being taken that the regulations shall not partake of the nature of legislation. This inherent authority of the Executive -the President, or head of a Department acting for and representing him - has been repeatedly noticed and affirmed by the authorities."
- - -
"The authority for army regulations proper is to be sought primarily in the distinctive functions of the president as Commander-in-chief and as Executive."
Still beating a dead horse?
That's not a nice way to refer to other posters.
I acknowledge the cleverness of your response; however.............
... yet you can't come up with anything better nor have you offered anything of substance in response to the post I made about the authority of the president. Are you waiting on an epiphany or someone else to jump in at your defense??
Lakin was tried and convicted. How is that for substance?
Weak. It doesn't address the points of discussion.
Moot.
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