President Obama Needs to Prove His Constitutional Eligibility to Be Commander-in-Chief

American Thinker ^ | April 08, 2010 | Terrence Lakin, MD

[neverdem]

Last week, I entered Walter Reed Army Hospital to notify the Department of Defense that I would refuse to obey any orders from my commanding officers -- including President Obama -- until the president produces his original birth certificate. After nearly eighteen years of wearing the military uniform of the country I have proudly served, including overseas assignments in imminent danger/combat areas in Bosnia and Afghanistan, I felt compelled to take this step. 

I made this decision from much deliberation, after lengthy consultations with many friends, family members, and colleagues, and I firmly believe that all servicemen and women, and the American public, have the right to know the truth about President Obama's constitutional eligibility to serve as Commander-in-Chief.

As military officers, we all take a solemn oath upon commissioning into the Uniformed Services. In this oath, we swear to support and defend the Constitution of the United States against all enemies, foreign and domestic. Upholding the law is an essential part of our role as citizens; in the military, we are the ultimate protectors of that law. The Constitution is our social compact, which safeguards all of us and ensures the "equal rights" that we are entitled to as American citizens. 

Since Nuremberg, My Lai, and even Abu Ghraib more recently, the military has been taught the hard lessons of following illegal orders. Any reasonable person looking critically at the information and evidence currently in the public domain about Obama's birthplace would have questions about President Obama's claim to be a natural born citizen. I made the decision to disobey all military orders, including my deployment order to Afghanistan, in pursuit of the truth of whether President Obama can legally occupy the high post that he holds today and which entitles him to send servicemembers into harm's way. 

The United States serves an example to the rest of the world of a stable, civilized, democratic government, where all men are equal under the law and the rule of law is cherished and obeyed. The U.S. military teaches and promotes the rule of law and civilian control of the military to many other nations and military forces around the world. Every soldier learns what constitutes a lawful order and is encouraged to stand up and object to unlawful orders. This is called the "duty to disobey."

My deployment orders for a second tour in Afghanistan included a requirement to bring copies of my birth certificate. I would be glad to obey this order and provide a certified copy of my original birth certificate with common, standard identifiers, including the name of an attending physician and a hospital. Every day in transactions across the country, American citizens are required to prove their identity; standards for identification have become stricter since the terrorist attacks of 9/11.

Since fall 2008, I have been troubled by reports that the president's original birth certificate remains concealed from public view along with other records which, if released, would quickly end questions surrounding his place of birth and "natural born" status. Many people mistook the online Certification of Live Birth for an original birth certificate. Until the summer of 2009, the Hawaiian Department of Homelands would not accept this Certification of Live Birth to determine native Hawaiian identity -- the Department insisted upon also reviewing an original birth certificate. 

Many do not understand that the online document was from 2007, generated by computer, laser-printed, and merely a certification that there is something on file which may or may not be sufficient proof of a birth in Hawaii. An original birth certificate could be the underlying document that presumably includes a hospital and attending physician's or midwife's name. Such a document should lay to rest the "natural born" dispute. This controversy was further escalated by media reports that gave two different hospital names for Obama's birthplace -- even today, the public does not know what doctor delivered the then-future president or which hospital was the site of his birth. No eyewitnesses have stepped forward to affirm that he was born in Hawaii in 1961. Under immigration laws in force at the time, if born in Kenya to a father who was not a U.S. citizen, Barack Obama had no right to American citizenship of any kind, and he could never qualify as "natural born." This is why determining his actual birthplace is crucial.

In 2008, after pressure from news media, President Obama's rival, candidate McCain, produced an original birth certificate from the Panama Canal Zone; a Senate Judiciary Committee hearing examined and affirmed his "natural born" status and constitutional eligibility to serve as president. The U.S. Senate was strangely silent about President Obama's eligibility despite statements from Kenyan citizens that he was born there, evidently including his paternal grandmother and the Ambassador from Kenya to the U.S. during a November 2008 radio interview. Hawaiian state officials claim that they cannot release an original birth certificate without Obama's consent, declaring that the public has no "tangible interest" in seeing this vital birth record.

I attempted without success through my chain of command for over a year to get answers to the questions surrounding the president's eligibility. I was told that I have no standing to make this inquiry, and moreover, that no one in DoD could answer this question. I made inquiries, unsuccessfully, through my congressional delegation, which simply referred my questions back to DoD. No one I spoke to was able to offer any evidence that the president is "natural born." The burden of proof, it seems, must rest with the White House-- with president Obama himself, as these records are his, and he has chosen to conceal them at considerable legal expense. Remarkably, there is no enforcement mechanism for the Constitution's Article II, Section 1 requirement that the president be a "natural born" citizen -- voters have largely relied on an honor system and a free press to vet candidates for the highest political office in the nation.

While President Obama's records remain hidden, public consternation is growing. The American people have the right to know that their president is constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct servicemembers into harm's way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but I should do so only with the knowledge that this important requirement of our Constitution is respected and obeyed. Those in uniform who continue to risk their lives and give the ultimate sacrifice to the service of our country deserve to know that they do so upholding their vows to the oath of office and to the Constitution.

Until an original birth certificate is brought forward that will validate the Commander-in-Chief's constitutional eligibility and put to rest the reasonable questions surrounding it, I cannot in good conscience obey any of my military orders. Unless it is established (sufficient proof that should be easily within the president's power to provide) that he is constitutionally eligible to serve as president and Commander-in-Chief, I and all other military officers are at risk of following illegal orders.  

There is no legitimate privacy right to information necessary to prove that President Obama is legally eligible to serve as Commander-in-Chief. 

I remain at risk of arrest and court-martial, but am mindful always that my oath of office is to the Constitution. It fills me with great sadness that on 31 March, I declined a direct order from my Medical Brigade Commander. This is a man I honor and wished to meet in order to thank him for his unquestionable valor and courage, and yet I could not obey his order. Now, he could order my arrest at any time.   

I hope that President Obama will demonstrate his respect for the U.S. Constitution and release his original birth certificate. My bags are packed, and I look forward to joining my fellow soldiers in Afghanistan, but I will deploy only with the knowledge that I am following legal orders under a lawful Commander-in-Chief. 

For those readers wanting to follow my ongoing story, the American Patriot Foundation has set up a legal defense fund to help me, and they tell me that they will be posting up-to-date information about my case. Their website is .

Dr. Terrence Lakin is an active duty Lieutenant Colonel who serves as Chief of Primary Care at the Pentagon's TRICARE health clinic; he has been selected for promotion to Colonel.

[conservativegramma]

Regarding your link - scary stuff. But it still basically gets down to the one word I mentioned: FEAR.

In this instance the fear is sadly misplaced. We have more to fear from government tyranny and removal of all freedoms than nuclear winter. But then I would rather be dead than living in a gulag. I’m quirky that way.

[mojitojoe]

NS posts.... and I swear these are on FR, even though you would think they were made at Du or Kos. Does this sound like a FReeper to you? There is also an older one that isn’t available by a search because he literally lives on FR but some of the older Freepers have them saved as screenshots. One particularly interesting one is from several years ago when he spent days telling everyone how great Muslims are, how much the have contributed and how mean Americans are. If he tries to deny it, I will post those ... again!

Wednesday, March 24, 2010 2:00:09 PM • 16 of 112
Non-Sequitur to Dr. Scarpetta
Jon Stewart does an absolutely riotous imitation of Glenn Beck. He was at it last night

Wednesday, March 24, 2010 1:35:39 PM • 1,161 of 1,252
Non-Sequitur to lentulusgracchus
Ah there’s no bullshit artist quite like a Southron bullshit artist

Sunday, March 21, 2010 2:07:41 PM • 957 of 1,252
Non-Sequitur to Cincincinati Spiritus
Many of the ills of this country can be laid at the feet of the three Texas presidents we’ve had. And you think that having trashed the country you can just walk out.

Monday, March 08, 2010 1:36:31 PM • 23 of 52
Non-Sequitur to Marty62
Looks like she may have Rove experience behind her!
God help her then.

Thursday, November 12, 2009 12:47:09 PM • 50 of 70
Non-Sequitur to chessplayer
Stewart has been ripping FOX up one side and down the other recently. And in every case it’s been with their own words.

Sarah Palin: Red State 16 City Book Tour
Friday, November 06, 2009 12:45:55 PM • 15 of 29
Non-Sequitur to MaxCUA
Red State 16 City Book Tour
Just about all the states mentioned went for Obama. So shouldn’t that be the Almost All Blue State 16 City Book Tour?

Tuesday, November 03, 2009 11:35:18 AM • 13 of 46
Non-Sequitur to Syncro
If relevance in your eyes is Joe the Plumber then I’d just as soon not play.

Tuesday, November 03, 2009 11:29:37 AM • 9 of 46
Non-Sequitur to Syncro
I see your check from the DNC/KOS cleared
Joe? Is that you?

Sunday, November 01, 2009 10:51:30 AM • 25 of 104
Non-Sequitur to Sub-Driver
“I’ve worked with these people, and what they’re concerned about is the growing size of government,” Boehner said.
Something Boehner wasn’t in the least bit concerned with when the GOP ran the White House and Congress.

Tuesday, October 13, 2009 3:37:54 PM • 18 of 18
Non-Sequitur to Sub-Driver
“Absolutely,” Limbaugh, among the president’s fiercest critics, told NBC when asked if he’d be willing to speak with Obama. “I’d be honest with him. The President of the United States is the President of the United States. I want this country to succeed, and if he invited me up there to chat, I would owe him up the dignity of being honest.”
And did Rush have a straight face when he said that?

Thursday, September 03, 2009 3:19:59 PM • 183 of 282
Non-Sequitur to curiosity
I know that I never felt such loathing and contempt for a president as I do for Obama.
But what you’re directing towards Obama we all saw directed towards Bush. And we’ll see directed to the next Republican president and the next Democrat president, whoever he or she may be. It’s gone past partisanship and is now visceral. I don’t think it bodes well for us as a nation when a large segment of the population at any one point has such a burning hatred towards the president.

Thursday, September 03, 2009 7:18:56 AM • 56 of 64
Non-Sequitur to Victoria Delsoul
And by the content of your posts on this thread and in some other Sarah threads, I’ve noticed that you dislike her.
I’m not impressed with her, no.

• Predictions for Nov 2010
Thursday, August 13, 2009 1:43:05 PM • 20 of 84
Non-Sequitur to US Navy Vet
Republicans pick up seats in the House and lose one or two in the Senate.

Soldiers pledge to refuse disarmament demands
Wednesday, March 18, 2009 12:15:33 PM • 5 of 67
Non-Sequitur to ChrisInAR
If the American in question was a Muslim I’d bet they’d follow every single one of those orders.

Cheney: Obama using recession for liberal ends
Sunday, March 15, 2009 12:12:30 PM • 23 of 34
Non-Sequitur to GOP_Lady
Cheney: Obama using recession for liberal ends
And in large part the responsibility for creating the environment that gave Obama the chance lies with the previous administration. Thanks, Dick.

Former Republican Calls Rush Limbaugh ‘Hanoi Jane’
Wednesday, March 11, 2009 2:17:07 PM • 88 of 93
Non-Sequitur to Paige
Calls Rush Limbaugh ‘Hanoi Jane’
Kind of funny if you think about it. What with Rush never being anywhere near Vietnam and all.

Monday, August 25, 2008 8:41:12 PM • 9 of 61
Non-Sequitur to An Old Man
You want extensive experience in major elective office? She ain’t got it.
You want experience in foreign affairs? She ain’t got it.
You want experience in national security matters? She ain’t got it.
McCain is making a lot of hay out of Obama’s inexperience and lack of qualifications for the presidency. He loses that by selecting a veep even less qualified that his opponent is.

Friday, June 13, 2008 9:56:49 AM • 9 of 118
Non-Sequitur to Puppage
Had she said it about a republican, there’s be no issue.
This is Fox News. She wouldn’t have said it about a Republican.

Non-Sequitur to seemoAR
Got your panties all wadded up.
Hardly.
There is a very old saying in the South about people who are as dumb as a fence post or a rock. It does as much good to argue with a post as it is does with some people. The results are the same.
And I imagine that the Southern population is equally divided between the two types.

It’s really a sad state of affairs when the President of the United States cannot address school children
It also means that no future president will ever be able to address America’s students in a nationwide speech ever again.
I see people jumping on the Palin bandwagon for the same reason that they jumped on the Obama bandwagon - a pretty face who talks a good game
If a stupid crack by David Letterman and ethics charges by political opponents are more than she can handle then she should by all means stay on the rubber chicken circuit where it’s safe and out of politics
Sahah Palin as Winston Churchill? The ultimate ROTFLMAO moment.

Sounds as nutty as Fred Phelps.
Well. They’re both Baptists.

The health care trainwreck didn’t hurt the Clintons in 1996.

Thursday, August 13, 2009 11:36:26 AM • 83 of 289
Non-Sequitur to meandog
As a rule I don’t buy politician’s memoirs. But I might make an exception in this case.
Earth to Steele, Earth to Steele, come in Steele. Every president stacks the room for events like this. Obama didn’t invent the process.
The Birther movement could disappear tomorrow and the GOP would be in the same sorry shape it’s currently in.
The problem, of course, being that the GOP is on a faster track to oblivion and are not in a position to take advantage.

I know people who have been out of work for 18 months or more. Who knew Obama’s actions went back that far?

April Is Also Confederate History Month
Sunday, April 05, 2009 5:12:27 PM • 314 of 667
Non-Sequitur to stainlessbanner
Don’t think Wlat was a professor.
Nor do I ever recall him claiming he was one. I believe he was from Tennessee, but I never held that against him.
I guarantee this: YOU WOULD NEVER SEE A SOUTHERNER BOW TO A SAUDI.
Nah. Y’all are into holding hands.
*Note then he posts pic of Bush with Saudi King
. If you Southron know one thing it’s how to hate.
It’s interesting to see that Canadians are just as clueless as you are.
According to meteorlogy, period, the water cycle makes Noah’s flood impossible.

Obama is my President, only if
Monday, November 03, 2008 8:04:02 PM • 48 of 99
Non-Sequitur to SonsOfLibertyII
Obama is my President, only if
So where you moving to if he wins?

And this one just because it’s so damn funny:

If I’d ever had a son I would have named him Caractacus. Either that or Bob. And I was going to name my daughter Boudicca but my wife insisted on naming her after her grandmothers

[El Gato]

You’ll be branded irrational byt the little demigod, NS, and his bottom feeding followers will chide you too.

SO? Fine with me.

[mojitojoe]

There is fear of the chaos that will result, the potential racial wars, and on and on. For many its just easier to sweep everything under a rug and hope for removal in 2012.
_____________
I agree. They are terrified.

[Las Vegas Ron]

Ping to #178

[Kenny Bunk]

.....and thus was never POTUS.

This is where we musty sadly part legal company. He is exercising every prerogative of the office. He is the CIC. He is the de facto POTUS, and is, running the military, our foreign policy, and as is painfully obvious, the country. I have no doubt that he is ineligible. De facto, not de jure.

He cannot be removed except by impeachment and conviction in Congress. If the the SCOTUS rules on the appeal of the Writ of Quo Warranto, and finds him indeed to to be ineligible, they cannot order his removal.

That still is the sole prerogative of Congress. They may, or may not use the SCOTUS ruling in anyway they see fit.

Think of a real estate transaction, in which you take title to a home with a non-disclosed flaw. Your real estate agent failed in his due diligence. You own that property. You can sue the former owner who knew about the problem, you can sue your real estate agent for either knowing and not disclosing, or even for never knowing, and you can win. You will be made whole. But the house remains yours. Obama is your house. You will win, but in a time frame not to your liking, perhaps well after 2012 has come and gone.

We have lived to see a temporarily successful, anti-constitutional coup. If we are tempted to solve it by extra-constitutional means, we would be just as bad as Obama.

Concentrate your considerable energies on getting the GOP in shape to hobble the usurper in 2011 1nd 2012.

[Red Steel]

Africa's Mr. Son of Soil Obama. No doubt that Rahm's little trip to Africa was with goodies in hand.

Have another one. It's like eating cookies.

[edge919]

Minor, which was also quoted by WKA. It’s been reported that six Supreme Court cases used the same basic definition.

[danamco]

Here is a grave example:

http://en.wikipedia.org/wiki/Bonus_Army

[mojitojoe]

He has no life. He slinks around FR looking for Southern, Lincoln, Civil War or birth certificate thread so that he can fight and call names. Look at his past posts. He literally loves on FR. He is also FR’s master copyandpaster. His new name is numbnuts. He also posts on DU, the link was posted the other day.

[mojitojoe]

Pathetic doesn’t even begin to describe him. You have no idea, trust me...check your FReepmail later for some info.

[LucyT]

. . . . Check out Post # 263, from our Canadian FRiend.

[mojitojoe]

Ping... anyone know who the guy on the far left is?

[El Gato]

Is this not part of the Constitution:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

How can someone not eligible to an office hold it, other than de facto? It's a logical impossibility.

Yes he is the de facto President, but that would cease to be the case once it was adjudicted that he was indeed not eligible. No one would be bound to obey his orders, nor would he legitimately be able to sign bills into law, nor do anything else that the President may do.

How what he has already done would be handled is another matter, and even I'm not so arrogant to believe I have any clue how that would all happen. But it certainly would be fodder for whole generations of lawyers.

[Vendome]

Kenyan Easter Bunny?

[mojitojoe]

We all know he is a liar, a phony and a very sneaky troll. Wink

[TigersEye]

Yep, longtime troll.

[null and void]

The Canadian says what we daren’t.

[LucyT]

Excerpted:

"We now have the case of an honorable man, a serving officer and a physician, an honorable man who is behaving honorably, as he tells his civilian masters that they have not behaved honorably. Unfortunately, he must do that not directly against the civilian masters themselves who have dishonorably abdicated their responsibility to vet the constitutional eligibility of a president-elect, but against his military superiors in the chain of command within the military. And therein lies the rub.

"A Military officer is nothing if he is dishonorable. It is insupportable that dishonorable men could hold the fate of others in their hands. This is part of our ethos since David, Bathsheba and the unfortunate but honorable Uriah the Hittite.

Thus, it is important that Colonel Lakin exercises his "civil" disobedience in a forthright manner. It is a pity that he is driven to do so in the military context, that is, it would have been much to be desired if he had resigned his commission and then spoken out. That would probably avoid risking a precedent that a serving officer can disobey an order made in the regular course because he believes the Commander-in-Chief serves unconstitutionally. The threat to the chain of command and to the civilian control of the military is obvious.

"But Colonel Lakin could not make effective his civil disobedience in the civilian world. Once he resigns his commission his 15 minutes of fame is over.

It is notable that Billy Mitchell lost much of his ability to reach the public to preach for air power after his resignation.

As a practical matter, a military court martial is the only effective way Colonel Lifton could seize the moment to make his point. In doing so he is explicitly assuming the ethical risks of that decision by knowingly exposing himself to court-martial. He honorably assumes the burden of ethical civil disobedience, a lawfully imposed penalty.

"Indeed, his decision can be regarded to be all the more honorable relative to the dishonor of so many serving politicians who have left a man of conscience no other option. So far, the Secretaries of our various states have looked the other way and certified the candidate without actually examining his bona fides . The press has abdicated its traditional role to illuminate such questions out of a worldview that says..."

Please read the entire post # 178.

[Thanks Las Vegas Ron, and nathanbedford. Excellent commentary.]

[little jeremiah]

No. Let me know if you find out. I would assume a Kenyan relative, same getup as in other pictures of relatives from Kenya.