Posted on 04/13/2010 8:19:14 AM PDT by Man50D
Further proof would be if he joined the LTC in his quest.
Ah, the short memory of the Nuremburg trials... “you must obey all orders” was the NAZI legal defense and was not a defense. Following illegal orders were grounds for the death penalty when the orders were illegal.
So are we to deny our troops the right to challenge orders in an orderly fashion? IF they are illegal orders, they will be punished, but there is no way to tell if they are legal without a challenge procedure.
Don’t think I’d want to serve in a military like that.
You must submit!
In particular, to have his lawyers do "discovery", part of which will be any and all documents related to Obama's birth or citizenship status. In discovery, as I understand it, gov't departments are REQUIRED to give legally traceable access to original material, which would definitely include the "long-form" birth certificate.
“...he will have standing to file a suit for wrongful dismissal against Obama and the government.”
No. The courts will look to see if the military followed the correct procedure. They will. They will then dismiss any case Lakin brings.
It isn’t up to Obama to prove he is President. It is up to Lakin to prove he is not - and that proof would have to be a lot more than, “Well, a Kenyan politician once said...”
If Lakin has proof Obama was born outside the US, he needs to present it. Without it, he has no case at all.
” I seriously have to wonder if not dismissing this like what happened with Maj. Cook, is deliberate. Deliberate on the part of the military powers that be to guarantee that one of theirs will be able to have standing in the courts and Obama is forced to reveal his hand.”
Hmmm, the armed forces and Generals know barry is a fake.
Find true blue patriot willing to be “charged” which gives THEM legal standing to go after barry soetoro. Military intelligence has already been inside the “vault” in Hawaii and KNOW no iriginal long form birth certificate exists.
Hmmmmmmm
They can make the request but if they can't convince the court of the relevance then the judge will turn them down. This is not a fishing expedition. The defense is entitled to documents relating the the charges Lakin is facing and not everything under the sun.
That's hard to do when Obama controls just about all the evidence that is held by state and federal governments.
So the criteria now is you don't have to prove you are a natural born citizen to be president if you can get the press on your side and lie your way into office. No need for proof. Just get the sycophants to cover your @ss.
An order to deploy is not illegal.
If Lakin has evidence that Obama was born outside the US, he needs to present it - but it wouldn’t excuse his refusal to deploy. The deployment would still exist under Biden, or McCain. It is funded by the US Congress.
But Obama will be assumed to be President. The courts will not consider this to be a challenge of Obama’s eligibility. The question will be ignored, and punishment given. Lakin is a nut job.
So now it takes a Congressional Medal of Honor wearer to read someone their Miranda rights in the military??? And the fact that he was selected by his superiors for this special mission is supposed to mean what???
From the Military.com article published 4/9:
Phil Cave, a retired Navy judge advocate general who now practices military law as a civilian, said that even if Lakin does decide to deploy as scheduled, the Army still may be able to prosecute him. Under Article 88, Cave said, a servicemember can be charged for making disrespectful comments or remarks about the president.
Cave believes that Lakin’s supporters in the birther movement hope that a court-martial will give defense attorneys the authority to seek, through discovery, other documents to help make their case.
“They think that by using [servicemembers in a court-martial] they can get discovery like you could in any criminal prosecution,” he said. “That ain’t gonna happen. They’re not going to have discovery where they’re going to get the president to produce a birth certificate because, I’m reasonably certain, no military judge, no appellate court and no federal court, and no U.S. Supreme Court is going to say they have a right to get that as a matter of discovery.”
Yeah, right...lol. Let’s hope and pray Obama is removed from office.
If and when Lakin gets his case to the civil court, if he doesn't get the justice in a military court, he will have standing.
“That’s hard to do when Obama controls just about all the evidence that is held by state and federal governments.”
Too bad. This case will NOT force Obama to release anything. He has released a birth certificate. The officials of 50 states, Congress and the Supreme Court are satisfied. No military court, nor federal court reviewing it later, will consider it within their authority to overrule the decisions made in 2007/2008 by the states, the people, the Congress and the Supreme Court.
It ought to give you pause to know that there is not a single member of Congress or any court anywhere that believes you have a case. Not one.
The Constitution hasn’t imposed Lakin as dictator, free to overrule the election of 2008, or Congress, or the Supreme Court. He has no case. None.
If Aunt Sadie orders him to deploy, it is not legal.
Are we saying if his superior received orders from Aunt Sadie, the order is valid?
Are we then saying that as long as there is an authority at least one step removed from the wrongful order, that the troops are protected from prosecution?
Are then saying that the only people to challenge the President's authority is the Secretary of Defense, through whom all of Obama’s orders are conveyed?
Where is the right to challenge a usurper?
I don't much like a rule that permits illegal orders to be made righteous through a sufficient number of steps in the chain of command.
If we have no redress through legal process, what are we, as a people, left with to remedy the situation?
Are we a banana republic?
I don’t know military court martial procedure and it’s been way to many moons since I was in the service. However this has some potential to at least further the need of defining how a candidate for the Presidency must show NBC status whether it be state by state or a federal requirement.
As I said I’m not that familiar with the system but I think this has some chance of being elevated to the SCOTUS level at some point. It may also take on a very narrow focus which would remove the broader picture of proving NBC.
This still is a much better chance of getting somewhere than the other attempts, imo.
IF he doesn’t get justice in the military court. But he will. They will find he refused to obey a lawful order.
No federal court is going to decide the military court had any business overturning the election of 2008.
“Lawful order” begs the question.
No military court is going to “overturn” any election.
They can just rule that until the president proves he is eligible as CiC, his orders can be questioned.
Major Cook’s orders were voluntary. He asked to be deployed and then filed suit with Orly Taitz to question the validity of his “voluntary orders.”
The military said, “Okay, you volunteered to go but now you don’t want to go? Well, then the orders YOU requested are cancelled.”
Big difference between Cook’s voluntary orders and Lakin’s orders.
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