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'Birther' Soldier Faces Charges
http://online.wsj.com/article/SB10001424052748704388304575202393506147452.html?mod=WSJ_WSJ_US_News_5 ^ | April 24, 2010 | YOCHI J. DREAZEN

Posted on 04/24/2010 6:15:52 AM PDT by Smokeyblue

The Army filed formal changes against Lt. Col. Terry Lakin, a military physician who refused to deploy to Afghanistan because he believes President Barack Obama hasn't proven that he was born in the U.S.

The decision to initiate potential court-martial proceedings against Col. Lakin represents a line in the sand for the Army, which declined to discipline a pair of officers who raised similar questions last year about Mr. Obama's constitutional eligibility to serve as commander in chief.

Chuck Dasey, a spokesman for Walter Reed Army Medical Center in Washington, said Col. Lakin was being charged with three counts of disobeying a lawful order and one count of dereliction of duty. If found guilty, Col. Lakin could be kicked out of the Army, forced to give up his retirement benefits and jailed for up to four years.

Col. Lakin and his attorney didn't respond to phone messages or emails seeking comment. In a statement released through the foundation raising money for his legal-defense fund, the officer said he was prepared to press his case in court.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: army; beckisabirther; birthcertificate; birthers; certifigate; gibbsisabirther; lakin; military; naturalborncitizen; obamaisabither; terrylakin
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1 posted on 04/24/2010 6:15:52 AM PDT by Smokeyblue
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To: Smokeyblue

More lies from the article:

A wide array of public officials from Hawaii—including its Republican governor—have attested that Mr. Obama was born in the state, and the Obama campaign released a copy of his Hawaiian birth certificate during the 2008 presidential campaign.

That hasn’t been enough to kill the false rumors about Mr. Obama’s provenance. In a New York Times/CBS News poll earlier this month, 20% of the respondents thought the president was born overseas and 23% said they didn’t know for sure.


2 posted on 04/24/2010 6:18:31 AM PDT by Smokeyblue
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To: Smokeyblue

I can’t read the article, as I’m not a subscriber, but I hope this fellow has good attorneys.


3 posted on 04/24/2010 6:20:09 AM PDT by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: Daisyjane69

Since this trail is a military trial, I am not sure what rules of discovery apply. If he loses in military court, I am not sure if the appeals process can go into civilian court, ie the Supreme Court. Interesting that Judge Clarence Thomas made some oblique comments about the birth certificate controversy lately.


4 posted on 04/24/2010 6:25:52 AM PDT by milwguy
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To: Smokeyblue

This will never go away until the question is answered. NEVER!

“DC Knows that Obama is Ineligible for Office” http://bit.ly/dDgP3a All 3 branches of Fed. Gov. know


5 posted on 04/24/2010 6:25:53 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Daisyjane69
I spent 24 years in the Air Force and these soldiers always make me wonder if their motives are as they state. Any one with a brain knows that, once in, the Prez is Commander-in-Chief (makes me shudder as I don't hang my retirement certificate because Slick Willy signed it and he was an embarrassment; Obama is just plain disgusting as the head of the Armed Forces).

At any rate, for a rank-and-file military member to do something like this is a sure loser - no where near the horsepower to do anything but get discharged and probably prosecuted.

6 posted on 04/24/2010 6:28:07 AM PDT by trebb ("I am the way... no one comes to the Father, but by me..." - Jesus in John 14:6 (RSV))
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To: Smokeyblue
Obama campaign released a copy of his Hawaiian birth certificate during the 2008 presidential campaign.

The only thing that Obama released publicly was a COLB, which proves nothing.

A wide array of public officials from Hawaii—including its Republican governor—have attested that Mr. Obama was born in the state,

Well, then Constitution be hanged. Someone says they saw the document!

At this point, the Constitution has been trampled even if Obama is fully eligible because of the staunch refusal on the part of our government to verify that the Constitutional requirements are met.

The only intellectually honest answer to the question of whether or not Obama is eligible, is "I don't know"--because you can't know. No one can, unless and until the documentation is released.

7 posted on 04/24/2010 6:30:42 AM PDT by SeƱor Zorro ("The ability to speak does not make you intelligent"--Qui-Gon Jinn)
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To: Smokeyblue

Since you must be subscribed, would you be willing to post the below for me? I would have subscribed and then filed a grievance against them if they didn’t let me post, but the terms of agreement said that they charge you immediately for the whole year and it’s not refundable. Neither Fox nor any other “news” outlet will let the following information get out. If you could at least try for me I would greatly appreciate it. Thanks. Here it is:

The Hawaii Department of Health has confirmed that the Factcheck COLB is fraudulent, because

1) The HDOH made a statutory admission (and repeated it multiple times when asked about it) that Obama’s birth certificate has been amended. DOH administrative rules (which were illegally hidden from the public until Nov of 2009) say that all birth certificates (which includes the abbreviated certificate, or COLB) must note amendments. Since Factcheck doesn’t note the amendment we know it is a forgery. And

2) Janice Okubo has stated that all Oahu birth certificates have always been received by the state registrar and given a number by the state registrar on the same day - the “date filed”. The Factcheck COLB has a “date filed” 3 days before the Nordyke twins’ but a certificate number 2 later than theirs. In the past this has been explained by hospitals having pre-numbered certificates or by piles of BC’s sitting at different secretaries’ desks for 3 days awaiting processing. But Okubo has directly eliminated those explanations. Because the “date filed” and certificate number are incompatible we know that at least one or the other has been altered and the COLB is thus a forgery.

Hawaii Revised Statute 338-17 says that an amended birth certificate doesn’t qualify as prima facie evidence; it is mere legal hearsay - with the same probative value as the Kenyan birth certificates unless and until they are certified as authentic. DOH rules require an administrative or judicial person or body to view all supporting documents when an amended birth certificate is presented as evidence, because Hawaii doesn’t vouch for the accuracy of the claims.

The reason that Obama posted the forged COLB instead of the genuine one he has in his possession is because there are 2 items he needs to hide:

1) the certificate number of 151-2006-xxxxxx (which shows that he forged the certificate number AND that his BC was only completed in 2006); and

2) the note of the amendment, which means that the certificate is not prima facie evidence and the burden of proof thus falls on Obama to prove that the claims on the BC are accurate - rather than someone else to prove them false. That’s some serious doo-doo for him.

What poses a serious problem for him is that the amendment he made in 2006 appears to be to the medical portion of the birth certificate, which would only be necessary if a Hawaii doctor did not examine Obama within the first 30 days after the birth and complete the certificate. This amendment begs the question of where Obama was at birth if a Hawaii doctor couldn’t see him within 30 days.

Any legal proceeding would require Obama to show the genuine COLB, which would then require him to show the genuine original and all the supporting documents. Obama knows that if he has to do that, he’s toast. That’s why he is fighting the lawsuits so hard and why he will rescind military orders rather than allow a soldier to reach the discovery stage of a legal proceeding.

That’s why Lt Col Lakin’s stand is so vital - because he can’t simply be dismissed, and if he is found guilty in the military without being given a chance to defend himself via discovery, he can take it to federal court, with standing.

Documentation is at http://butterdezillion.wordpress.com/2010/01/11/red-flags-in-hawaii-2/


8 posted on 04/24/2010 6:37:56 AM PDT by butterdezillion
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To: trebb

The Army reservist Maj. Stefan Frederick Cook that refused to deploy for the same reason had his orders rescinded last year before he deployed. It will be interesting to see how this one plays out.


9 posted on 04/24/2010 6:38:25 AM PDT by jospehm20
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To: Smokeyblue
Col. Lakin will now suffer the Army's displeasure and I doubt it will go well for him. All the more reason to salute this man's David v Goliath courage of conviction.

No matter how the msm might portray him, assuming this story is covered to any degree, Lt. Col. Lakin's record is not that of a kook or a coward. Hopefully, his case will make more and more Americans ask the right questions.

10 posted on 04/24/2010 6:39:52 AM PDT by revo evom
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To: Smokeyblue

The wackiest “birther” conspiracy nutjob I ever heard was the guy (on digg, where else) that insists that you will never convince him that Trig Palin is Sarah’s son and not her grandson unless he sees the birthing video. And maybe not even then.


11 posted on 04/24/2010 6:41:45 AM PDT by Tanniker Smith (Obi-Wan Palin: Strike her down and she shall become more powerful than you could possibly imagine.)
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To: revo evom

But the MSM continues to give false information about what the HDOH has actually said. NONE of them will issue corrections. NONE of them will answer why they won’t issue corrections.

It truly is a state-run media. For every peep that Bill O’Reilly and Glenn Beck make, it would take me a million typed posts to try to undo the damage - and Fox won’t even let me SEE the comments others have made or log in. They know full well that they are lying and suppressing the true facts, and they gladly screw us all.

And they’re supposedly the “fair and balanced” people.

A nation can’t survive this kind of crap. If we can’t MAKE the media be truthful through free market principles this nation is gone forever.


12 posted on 04/24/2010 6:48:14 AM PDT by butterdezillion
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To: Smokeyblue

This Oficer has had some bad advice. The Military court will never force Obama to produce any documents calling them irrelevant to the charges. He will be found guilty and his career goes down the drain. I don’t know who was/is advising him, but he will have done all this and accomplished nothing. Damn shame.


13 posted on 04/24/2010 6:50:10 AM PDT by Old Retired Army Guy (tHE)
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To: trebb

‘is a sure loser - no where near the horsepower to do anything but get discharged and probably prosecuted. ‘

That’s the way you ‘feel’.

Others, including myself, support his belief in the Constitution.


14 posted on 04/24/2010 7:05:53 AM PDT by Palter (Kilroy was here.)
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To: Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; MeekOneGOP; ...
PING FOR I LOVE LUCY WHO IS ON HOLIDAY.

Photobucket

15 posted on 04/24/2010 7:08:39 AM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Old Retired Army Guy
I don’t know who was/is advising him, but he will have done all this and accomplished nothing. Damn shame.

No, I respectfully disagree. The Colonel will have done what was RIGHT, standing up for truth with courage and conviction,...regardless of the outcome he will experience.

I admire that conviction and support it whole-heartedly.

16 posted on 04/24/2010 7:12:43 AM PDT by Ranger Drew
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To: Candor7; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; rxsid; MeekOneGOP

Lucy represents the DNC

Charlie Brown the RNC


17 posted on 04/24/2010 7:13:26 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: Smokeyblue
What will happen to this man is what happened to many people I know who resisted the ILLEGAL Anthrax Vaccine. He will be prosecuted for disobeying a “legal order” and they will not allow you to challenge that it is a legal order. that is the trick they used to illegally prosecute people or throw them out for refusing the ILLEGAL and UNSAFE Anthrax vaccine. To this day the DOD lost EVERY CASE in federal court over the vaccine. Their work arounds have cost them tens of millions for a useless vaccine that is NOT NECESSARY but one they can not be wrong about at all costs and we can thank Bill Clinton for it as it was a payback to a friend (Admiral Crowe).

I have every confidence that the DOD will follow the same methodology with this. That soldier will NOT be allowed to challenge the legitimacy of this presidency which is exactly why he is disobeying the order. If this president is illegally the president then he is absolutely right to not follow his orders no matter what. You may disagree but that is a technical fact. If he was illegal on the ballot his election does not make him legal. This honorable soldier will not be able to overcome this as they will simply turn a blind eye and deaf ear to his pleas to prove that.

18 posted on 04/24/2010 7:16:26 AM PDT by ICE-FLYER (God bless and keep the United States of America)
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To: stephenjohnbanker

Lucy reoeresents LucyT. CB represents me trying to cover for LucyT . LOL.


19 posted on 04/24/2010 7:17:45 AM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Smokeyblue
Gee! The Wall Street Journal's standards are slipping. This is a very biased report.

For example:

” Mr. Obama was born in Kenya rather than Hawaii despite voluminous evidence to the contrary. “

“A wide array of public officials from Hawaii—including its Republican governor—have attested that Mr. Obama was born in the state, and the Obama campaign released a copy of his Hawaiian birth certificate during the 2008 presidential campaign. “

No bias here folks! Move along! ( sarc)

20 posted on 04/24/2010 7:17:57 AM PDT by wintertime
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