"Birther" Doc a No Show At Campbell

military.com ^ | 4/12/10 | Bryant Jordan

[jamese777]

An Army flight surgeon apparently is sticking to his vow not to deploy until he is satisfied that President Barack Obama is a "natural born" citizen.

Lt. Col. Terrence Lakin did not report for duty at Fort Campbell, Ky. as ordered today, and a spokesman for the post said it's not likely he will.

Lakin's failure to report essentially dares the Army to bring charges against him for being an unauthorized absence.

Margaret Hemenway, a spokeswoman for a group called the Patriotic American Foundation, which is supporting the 18-year officer, said the Army should not expect Lakin to report unless he sees an original birth certificate showing that Obama was born in Hawaii.

The Army has not said yet what it intends to do about Lakin. Calls to his unit -- Headquarters Company, Medical Brigade, Walter Reed Army Medical Center in Washington -- were not returned by post time.

To this point the Army has ducked taking serious action against the decorated flight surgeon, claiming his public statements and threat to disobey orders did not constitute any punishable offense. On March 31 -- the day after the video was released -- he was given a letter of counseling. In the letter, his commander at Walter Reed warned him against not reporting for duty as ordered.

The orders, Lakin was told, "are presumed to be valid and lawful orders issued by competent military authority." The letter warned Lakin that not showing up at Campbell could result in his facing AWOL charges, as well as missing movement, willfully disobeying a lawful order and showing contempt toward officials. A conviction on any of the charges could mean a dishonorable discharge, imprisonment and loss of all pay and allowances.

[El Sordo]

When I make that statement I mean that he appears to accept the consequences of his decision. Little irks me more than people who want to make grand gestures but not accept the consequences of their choices.

That said...

“His convictions are also conveniently selective. If, as Hemenway says, “he has been refusing to obey not just orders to deploy but all military orders,” why did he show up at his Pentagon duty station today? He's there under orders. “

You raise a point that I had not considered.

[jamese777]

The military will probably not require discovery as has been mentioned, which is too bad, but they can only go two ways...reassign or prosecute. If they prosecute and convict, the sentence could only be dishonorable discharge without a PR nightmare and major uproar. They will be backed into a corner, reassignment will be another tacit admission and discharge will encourage others to do it.

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When 1st Lieutenant Scott Easterling attempted a similar tactic a year earlier, the Army issued an administrative reprimand and let it go at that.
A legal hurdle for Col. Lakin’s defense is the “de facto officer” doctrine:
As the US Supreme Court explained in the military justice case of Ryder v. United States:

The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient. Norton v. Shelby County, 118 U.S. 425, 440, 6 S.Ct. 1121, 1124, 30 L.Ed. 178 (1886). “The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.” 63A Am.Jur.2d, Public Officers and Employees § 578, pp. 1080-1081 (1984).
The bottom line is that even if at some point Obama was to be found ineligible, it does not invalidate actions that he took while he was in the office of Commander-in-Chief.

[BP2]

Since the order to deploy came well below even the Secretary of Defense level it'll be impossible for him to claim that it was Obama's action that caused his court martial.

Otto Non-Sequitur ...
Let me correct you on a couple of things, OK?

Aristotle was not Belgian.

The central message of Buddhism is not every man for himself.

The London Underground is not a political movement. Those are all mistakes.

Furthermore, if you're looking for a "causal relationship" for Injury, as caused to Lt Col Lakin by his deployment orders as directed by the (de facto) President, start by READING the "National Security Act of 1947".

Look for phrases like "Under the direction of the President" and "Subject to the authority, direction, and control of the President" — and it will tell you who's in charge.

The National Command Authority (NCA) — the ultimate lawful source of ALL military orders — passes down its directives from the SECDEF and President, both of which currently get their CONSTITUTIONAL POWER from Barrack Hussein Obama (as SCARY a proposition that is). The President at the TOP is ALWAYS responsible, as he ALSO has the AUTHORITY to, at his discretion and whim, RELIEVE FROM COMMAND all of those BELOW him, including the SECDEF himself! Again, sh!t rolls downhill.

Command Authority in our military, from the time our Constitution was written to now, is derived FROM an -ELECTED- Commander in Chief (CinC). Thank goodness, too, or General George Washington could have resumed his Commission — from whence he resigned in Annapolis on Dec. 23, 1783 — when the Electoral College elected Washington unanimously in 1789 after our Constitution was fully ratified.

ANYTIME a deployment order (or any order for that matter) is given -SOLELY- on the INDEPENDENT Command Authority of a lower Commander — even the appointed SECDEF himself — consider that a violation of EVERY DoD and Military Service Manual and Directive written on the subject ... and really even the Constitution itself! That's called a Military coups, a common occurrence in any banana republic, but not here.

Unless you somehow think — in your ever-so flawed logic — that Army Chief of Staff Gen. Casey is an independent Sovereign Military Commander, much like Napoleon ... the SECDEF, Gen. Casey and -ALL- of those BELOW them derive their Command Authority for
***ALL National Security actions*** from the President.

As everyone knows, there's room for only ONE Napoleon as long as Obama is president.

[Wild Irish Rogue]

” There is no additional information on a long form birth certificate that is relevant to constitutional eligibility to be president.”

My point is that Obama allows some citizens , including deploying and already deployed soldiers,
to believe that he may be Constitutionally ineligible .
As long as whatever records Hawaii possesses continue to be sealed , no matter how benign or irrelevant, the doubt for many will remain.
It’s the act of sealing records that is the problem.
If I was CINC and I knew that soldiers deploying had doubts because my records were not public, I would make them public .
I would have a press conference and answer every question if it took all day.
And I would never sit by and allow members of the military to ruin their careers and face possible
courts-martial or even deploy with doubts- if it was within my power to change that.
By simply producing my original birth certificate.*
But, that’s just me.

* “ Dreams From My Father, “ Page 26
“ I found the article, folded away among my birth certificate and old vaccination forms..”

[I'll be your Huckleberry]

1. Yes

2. Unknown

[jamese777]

My point is that Obama allows some citizens , including deploying and already deployed soldiers,
to believe that he may be Constitutionally ineligible .
As long as whatever records Hawaii possesses continue to be sealed , no matter how benign or irrelevant, the doubt for many will remain.
It’s the act of sealing records that is the problem.
If I was CINC and I knew that soldiers deploying had doubts because my records were not public, I would make them public .
I would have a press conference and answer every question if it took all day.
And I would never sit by and allow members of the military to ruin their careers and face possible
courts-martial or even deploy with doubts- if it was within my power to change that.
By simply producing my original birth certificate.*
But, that’s just me.

* “ Dreams From My Father, “ Page 26
“ I found the article, folded away among my birth certificate and old vaccination forms..”

---

If Obama produced his long form birth certificate this afternoon and it verified what was on the short form COLB, would you believe it?
I didn’t think so.

“I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”

[bushpilot1]

In 1967 the USC said a naturalized citizen possesses all the rights of a native citizen, and standing, in the view of the constitution as a native born citizen.

Can a naturalized citizen be president?

[Non-Sequitur]

In 1967 the USC said a naturalized citizen possesses all the rights of a native citizen, and standing, in the view of the constitution as a native born citizen.

In which decision?

[bushpilot1]

BLACK, J., Opinion of the Court

SUPREME COURT OF THE UNITED STATES

387 U.S. 253
Afroyim v. Rusk
CERTIORARI TO THE UNITED STATES COURT OF APPEAL FOR THE SECOND CIRCUIT
No. 456 Argued: February 20, 1967 -— Decided: May 29, 1967

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0387_0253_ZO.html

[danamco]

Just a little history lesson that very few knows about!!!

[bushpilot1]

“We start,” Justice Douglas wrote for the Court, “from the premise that the rights of citizenship of the native–born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the ‘natural born’ citizen is eligible to be President.”

http://www.law.cornell.edu/anncon/html/art1frag64_user.html

[danamco]

Secretary of the Army. Secretary of Defense. And yes one can argue that the chain eventually stops at Obama. But there are so many layers between Lakin and the President that the Army could court martial him a dozen times over and never bring the President into it.

Who gave the final order to shoot and kill Captain Richard Phillips' three hostage takers last year, more check mate???

[danamco]

Mine was to support and defend the Constitution,

Really, you must have read the history of Admiral Nelson when he put his telescope to his blinded eye and "saw" nothing that was signaled to him, when you refers to YOUR oath of the Constitution!!!

[gruffwolf]

“Oh, right! To call you stupid would be an insult to stupid people! I’ve known sheep that could outwit you.”

---

Wanda’s rant at Otto was classic!

[AnalogReigns]

“Perhaps there is some Army judge who has the gonads to allow discovery to proceed for the birth certificate...and they know about him....”

Please discuss how this occurs in a Court Martial.

I'm not a lawyer, so I really don't know any specifics....except that discovery is what the birthers need--and can only be ordered by a Judge.

However, I do know that in any trial, there is a "discovery" process, where the defense gets to subpoena documents which would otherwise be unavailable to a private citizen.

Of course it is a long way from lawful orders...up to a "lawful" Commander in Chief--and very unlikely that they will ever be in a place where discovery of Obama's birth certificate is ever legally relevant, or allowed.

[bushpilot1]

Lieutenant Colonel Terrence Lakin yesterday returned to the Pentagon clinic where he has been stationed but this time he was met by his commander, Colonel Gordon Roberts, who read Lakin his rights and revoked his pass access to the building. Lakin’s computer is also reportedly being seized and the military case for his court martial being prepared.

http://coloradoindependent.com/51209/%E2%80%98colonel-birther%E2%80%99-lakin-read-miranda-rights-pentagon-pass-revoked

[El Gato]

I would think that would be the US Supreme Court

Which will, like other courst, only take cases and controversies. So someone has to get a case to them. The civil courts have found "no standnig". So unless someone wants to essentially do the same thing the Lt. Col. is doing, that is break a law that Obama has signed, making the "injury" particular to him, then they will never actually make that decision.

and/or the US Congress and ultimately the American electorate in a presidential election.

Congress has it's head up where the sun don't shine, they aren't even going to think about the issue, let alone look into it. The electorate cannot override the Constitution any more than The Executive or Legislative branches can.

[jamese777]

Which will, like other courst, only take cases and controversies. So someone has to get a case to them. The civil courts have found “no standnig”. So unless someone wants to essentially do the same thing the Lt. Col. is doing, that is break a law that Obama has signed, making the “injury” particular to him, then they will never actually make that decision.

---

Beginning with “Berg v Obama,” seven different lawsuits have reached the US Supreme Court but all of their petitions for Writs of Certiorari were rejected.

---

“Congress has it’s head up where the sun don’t shine, they aren’t even going to think about the issue, let alone look into it. The electorate cannot override the Constitution any more than The Executive or Legislative branches can.”
The electorate can fire Barack Obama and hire a new Chief Executive on the first Tuesday of November, 2012 and that person will take over on the third Monday of January in 2013.

[jamese777]

We start,” Justice Douglas wrote for the Court, “from the premise that the rights of citizenship of the native–born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the ‘natural born’ citizen is eligible to be President.” http://www.law.cornell.edu/anncon/html/art1frag64_user.html --------------------------------------------------------- “I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” http://hawaii.gov/health/about/pr/2009/09-063.pdf

[bushpilot1]

What is the difference between a native born and a natural born US citizen?