DECORATED ARMY DOCTOR LTC TERRY LAKIN WAIVES PRELIMINARY HEARING

safeguardourconstitution ^ | 6/10/2010 | American Patriot Foundation

[El Gato]

Plus, he is in the military and can use a military lawyer for free. I know because one of my guys just went to court martial and it was free. Something stinking going on here.

He is using a military lawyer, as part of his defense team. But the UCMJ allows one to have a civilian lawyer if you wish. Unless you get one with lots of experience in military law, it's not a good idea. However his lawyer does have such experience. In and out of uniform. Some are not comfortable using a lawyer who is "part of the system", and doesn't really work for them at all, or at least relying on such a person exclusively.

[El Gato]

By the way, why is it that women's military uniforms are so damned unattractive?

I'm looking at a photo of an Air Force Major General (reserve) and she looks just fine in her uniform. :)

But she's a pretty thin lady, always has been (I first met her in 1983). Military uniform design, even after being adjusted for the the femininue figure, still just doesn't always look very good on fuller figured women, even younger ones, well within the weight requirements.

Of course, unlike with civilian clothing, the woman doesn't get to pick colors and cut to go with her particulars.

Just about the time I met the above MG, then a Captain, there was a male LT who looked terrible in his uniforms. Bulged all over. Senior officers would hassle him and his supervisor (her), because they thought he must surely be overweight. Finally they did a body fat measurement, and he turned out to at about 1/2 the maximum allowed % body fat. He just had muscle that looked like fat. :)

Uh Oh! An affirmative action hire.

So there aren't any good women doctors?

Believe me, the AF MG mentioned deserved both those stars, and her eagles as well. Even the most MC types in our unit agree. (She's about the only one left on active reserve status, and there weren't very many that were female back then in the dark ages). I know nothing about this woman, and I suspect niether do you. Lets she how she performs, shall we?

[El Gato]

They are saying he has no standing to question whether the orders were lawful.

Not quite, they are saying the lawfulness of the order giver doesn't matter as far as the lawfullness of the order. I don't agree. It's possible that the trial judge won't agree either. I hope that is the case. It would be entertaining watching the prosecution appeal a ruling by the trial judge that the eligibility of the order giver does matter.

[El Gato]

Lakin was not denied the chance to present a defense, he failed to present a defense.

No he did not. He didn't present what the investigating officer wanted to see, but he did present an arguement on the subject.

The presiding officer at the Article 32 hearing ruled that the information on Obama was irrelevant to defending against those charges

He wasn't the presiding officer at any hearing, there was and will not now be, an article 32 hearing. He was the investigating officer, sort of like an assistant DA, or police detective (roles are different in the military). This one is a JAG officer, but they need not be.

[Red Steel]

Doesn't matter. The de facto doctrine exists whether the diehards want to admit it or not. And Obama hasn't concealed his birth documents from Congress; it hasn't asked for them.

Nope the de facto officer doctrine basis of argument does not cover Obama:

“The Defacto 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 (1886)

This case that is also cited by the Supreme Court in Ryder v. U.S. , 1995 is consistent with the Vermont Supreme Court views.

In the STATE_V_OREN.92-113; 160 Vt. 245; 627 A.2d 337,

it states:

"Whether the officer with defective title appeared to be an intruder or usurper depends on whether other government officials and the public reasonably believed that the officer was entitled to exercise the powers of her office during the period of defective title. Id. at 261. Under the de facto officer doctrine, it is irrelevant whether defendant understood the deputy sheriff was a law enforcement officer on the occasion in question."

This passage from the Vermont Supreme Court's opinion make two statements. One is that the "public reasonably believe" the officer is entitled to office. With Obama, there are millions of American who have more than reasonable suspicions that Obama has usurped the presidential office.

And number two.

At the time of his unlawful act, the defendant believed that the officer was entitled to his office. It is also stated that the defense discovered after the fact that the deputy sheriff usurped the office. The difference here is that LTC Lakin reasonably believes that Obama was and is an Usurper. Lakin has questioned the authorities and his chain of command without satisfaction for about a year and a half, which he has documented.

The Vermont opinion further states,

"To satisfy the doctrine, the officer must be "in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper." Waite v. Santa Cruz, 184 U.S. 302, 323 (1902). "

We not only see Obama acting as an intruder or a usurper ,but we have statements from Michelle Obama, and Kenyan government officials that state unequivocally that Obama is a Kenyan and was born in Kenya:

-- - - - -

This country and its government cannot say Oh, we just found out that Obama is a usurper. We didn't know...no one told us. We had no idea! That would be complete BS. Acquiescence by this government who have their collective heads where the sun doesn't shine isn't an excuse. Millions and millions of people have questioned Obama before he was "president" and during it. I could give you an endless list from all corners of this country saying Obama is not qualified for office under the natural born citizen clause. This is an utter failure of this country led by Democrats who know and Republicans who acquiescence their duties to defend and protect the Constitution of the Unites States.

As for LTC Lakin, he didn't disobey an order to deploy because he just didn't want to go to a war zone, and say Obama is an Usuper after the fact. to get out of it. He invited his court martial because he knew before Obama is not qualified for Office. No, he as millions of other Americans believe Obama is not qualified for office. It is the very reason why he has disobeyed the order to deploy to the war zone that directly comes from the White House and was echoed down through the chain-of-command. LTC Lakin's timeline proves that he as questioned Obama's credentials to hold presidential office for a very long time and never got a satisfactory answer for his questions - NONE.

- - - - - -

You: And Obama hasn't concealed his birth documents from Congress; it hasn't asked for them.

Misleading BS...and not accurate. A Congressman has asked Obama to see his bona fides:

"Congressman Deal Letter to Barack Obama"

http://www.youtube.com/watch?v=7p3O_6k8WT4&feature=player_embedded#!

"Congressman Asks for Obama's Birth Certificate"

http://www.youtube.com/watch?v=TaKUWJcpWnM&feature=related

And The Commies at HuffPo confirmed:

"Nathan Deal Birther Letter Sent To Obama, White House Confirms "

The White House last week confirmed that U.S. Rep. Nathan Deal (R-Ga.) made good on a promise he made in November to formally raise questions of President Obama's birthplace.

According to the White House, the letter arrived on December 10, but neither the staff of the president nor the Georgia congressman seemed excited to discuss its content."

-end snip-

http://www.huffingtonpost.com/2010/01/13/nathan-deal-birther-lette_n_422171.html

[bushpilot1]

Can remember when there was fencing and concertina wire piled high around the WAC’s barracks to keep out intruders..soldiers would constantly circle the barracks in their POV’s..

[El Gato]

From Major General Hawley-Bowland's official biography.

Born in Casper, Wyoming, MG Hawley-Bowland received her Bachelor of Science from Colorado State University. She received her Doctor of Medicine in 1978 from Creighton University under the U.S. Air Force Health Professions Scholarship Program. After completing a general surgery internship at Sinai Hospital in Baltimore, she transferred to the Army, serving as a general medical officer, Fort Meade, MD. She then completed residency training in obstetrics and gynecology at Walter Reed Army Medical Center and was assigned as a staff obstetrician/gynecologist at Darnall Army Community Hospital, Fort Hood, TX.

She may prove more sympathetic to Lt. Col Lakin's position than some might think, with that sort of backgroud.

Creighton is a Catholic university in Omaha.

[El Gato]

I think the military goes out of its way to desexualize the work environment for purposes of national security.

Piddle. The uniforms are designed for men, and then the designs are modified for women, while trying to maintain the same general appearance. It's no wonder they (usually) don't look good on women.

[El Gato]

And be it federal law or military law I'm not willing to ignore it just to get one man

But you seem quite willing to allow the Constitution itself to be ignored.

[frog in a pot]

“And Obama hasn't concealed his birth documents from Congress…” Arguably by non-publication in the face of the pre-election and on-going national outcry, he has.

“…it hasn't asked for them.” Thank you , that is the point. There is no one in Congress who can say Obama is qualified to hold the office. On that point any “certification” by the Congress is defective or at least incomplete.

“The de facto doctrine exists whether the diehards want to admit it or not.” Without researching the point, I doubt the doctrine stands for the proposition a blatant error is irreversible. I suspect the doctrine is no more than a rebuttable presumption.

“There is no requirement for Congress to certify that the President meets Article II.” To the contrary, the language of Amendments 12 and 20 squarely place the obligation of the Congress to confirm the president-elect is constitutionally eligible. Otherwise, why go to all the trouble of enacting 3 USC 15 and why bother with that expensive Joint Session procedure every four years?

“Absent any challenge from a relevant authority, Obama is President in the eyes of the law.” And it appears LTC Lakin is the warrior who may lead us to that authority.

I'm on my way out, have a nice evening.

[El Gato]

But the military is set up to function under the de facto officer doctrine

Considering that the military was set up well before that doctrine became part of the law, that seems highly unlikely.

[El Gato]

They really believe that the people who design legal structures are that stupid

Putting "design" and "legal structures" in the same sentence is something of a contradiction, at least when one is talking about case law. It's like Topsy, it just grew, it wasn't designed.

[tired_old_conservative]

Nope. You're just one of the diehards who imagines his personal layman's opinion of the law trumps the actual law as defined by legislatures and judges.

The fact that Obama has been sitting as President for eighteen months now after winning an election, signing bills, giving orders and showing up everywhere as the President, legally means he is reasonably believed to be the President. The legal system doesn't care that people were yammering about it on chat boards and blogs. That's because the DeFacto officer Doctrine isn't designed to create some assurance test for the official in question; it's intent is to keep the government from descending into chaos even if anomalous situations arise.

So, yes, if Obama is ever determined to be a usurper (which will only happen in the fevered imaginations of diehards), the legal system will deal with that situation from the point of discovery on, not going backward. But by all means keep applying tortured distinctions to phrases of the very kind you despise in actual judges, keep insisting disgruntled Internet bloggers constitute official acknowledgment of fact, and keep highlighting away in yellow. I hope it brings you some sense of satisfaction, but it will never constitute an argument acknowledged by any court of law.

[tired_old_conservative]

“And Obama hasn't concealed his birth documents from Congress…” Arguably by non-publication in the face of the pre-election and on-going national outcry, he has.”

Some angry people posting on chat boards and blogs does not constitute a national outcry and, in any case, certainly creates no legal obligation for the President to show up in Congress and ask them to do something with his birth certificate.

“…it hasn't asked for them.” Thank you , that is the point. There is no one in Congress who can say Obama is qualified to hold the office. On that point any “certification” by the Congress is defective or at least incomplete.”"

So why are you stating that no one in Congress has done it or that Obama should be lugging his birth certificate to the Capitol?

“The de facto doctrine exists whether the diehards want to admit it or not.” Without researching the point, I doubt the doctrine stands for the proposition a blatant error is irreversible. I suspect the doctrine is no more than a rebuttable presumption."

It doesn't shield someone from removal if they are deemed to be improperly seated. It states that exercise of the prerogatives of a given office prior to that point are taken as legitimate.

“There is no requirement for Congress to certify that the President meets Article II.” To the contrary, the language of Amendments 12 and 20 squarely place the obligation of the Congress to confirm the president-elect is constitutionally eligible. Otherwise, why go to all the trouble of enacting 3 USC 15 and why bother with that expensive Joint Session procedure every four years?"”

There is nothing in either about formally documenting compliance with the specific conditions of Article 2. If no one objects and the certification takes place, by definition the qualifications have been accepted.

“Absent any challenge from a relevant authority, Obama is President in the eyes of the law.” And it appears LTC Lakin is the warrior who may lead us to that authority.”

LTC Lakin is no not a relevant authority. He will not lead us to one because the proceedings will not consider Obama’s qualifications relevant to the charges at hand. Sad for his career, but true.

“I'm on my way out, have a nice evening.”

You as well.

[Red Steel]

Nope. You're just one of the diehards who imagines his personal layman's opinion of the law trumps the actual law as defined by legislatures and judges.

And you're just one of those Obot naysayers. They can conflate the basis behind the doctrine, or the activist judge(s) can play ignorant and give the appearance that the didn't have a clue for whatever reasons that they would say. Doing either would be hypocrisy to the 100th power.

The fact that Obama has been sitting as President for eighteen months now after winning an election, signing bills, giving orders and showing up everywhere as the President, legally means he is reasonably believed to be the President.

Obama will be discredited in time. There is more of a reason to believe he is not qualified to be president under the US Constitution.

That's because the DeFacto officer Doctrine isn't designed to create some assurance test for the official in question; it's intent is to keep the government from descending into chaos even if anomalous situations arise.

There is many ways this can play out. If Obama ever gets legally discredited, and Lakin is convicted, the next conservative president can give him a full pardon. By you even entertaining the de factor doctrine, you must have doubts about Obama and that he is an usurper.

So, yes, if Obama is ever determined to be a usurper (which will only happen in the fevered imaginations of diehards), the legal system will deal with that situation from the point of discovery on, not going backward.

Having doubts Obot?

But by all means keep applying tortured distinctions to phrases of the very kind you despise in actual judges,

No it is thought out and logical.

[jamese777]

Piddle. The uniforms are designed for men, and then the designs are modified for women, while trying to maintain the same general appearance. It’s no wonder they (usually) don’t look good on women.

---

That’s what I said, only in fewer words.

[tired_old_conservative]

“And you're just one of those Obot naysayers. They can conflate the basis behind the doctrine, or the activist judge(s) can play ignorant and give the appearance that the didn't have a clue for whatever reasons that they would say. Doing either would be hypocrisy to the 100th power.”

You're presenting as fact the opinion of an unqualified person, namely yourself. You can cut-and-paste the same things as often as you want, and it won't change that.

“Obama will be discredited in time. There is more of a reason to believe he is not qualified to be president under the US Constitution.”

All Presidents are discredited to some degree or another by the time they leave office. Obama will be no exception. That does not mean, however, that there is any realistic likelihood of his being declared ineligible for the office he holds.

“There is many ways this can play out. If Obama ever gets legally discredited, and Lakin is convicted, the next conservative president can give him a full pardon. By you even entertaining the de factor doctrine, you must have doubts about Obama and that he is an usurper.”

Discussing a legal fact does not imply one thing or another about my opinion of Obama’s legitimacy.

“Having doubts Obot?”

I'm not an Obot. I didn't vote for Obama, but I think he was born in Hawaii. The COLB he presented conforms to both modern documentation precedents and his biography, has not been disputed by the state of Hawaii as it legally could be, and has only been disputed by obvious frauds on the Internet who are unqualified for forensic analysis of documents. So, yeah, absent any actual evidence of a problem, I accept that he was born in Hawaii. And overwhelming majority of qualified legal analysts believe that makes him a natural born citizen regardless of who his father was. In any event, I am certain no court will rule otherwise. So Obama is the President whether we like it or not. The proper venue to try and change that is the 2012 election.

"No it is thought out and logical.”

It just seems that way to you because you're not legally trained and don't have to stand in front of a judge with it. If you did, it would quickly be in tatters.

[STARWISE]

You have no idea what’s going to ultimately
happen .. none of us do, as if this issue does
one day eventually play out through courts
martial, or trials, or appeals, or to SCOTUS,
it will be the first time such a case of possible
purported hoax and potentially monstrous fraud
on the office of POTUS does so.

[jamese777]

Born in Casper, Wyoming, MG Hawley-Bowland received her Bachelor of Science from Colorado State University. She received her Doctor of Medicine in 1978 from Creighton University under the U.S. Air Force Health Professions Scholarship Program. After completing a general surgery internship at Sinai Hospital in Baltimore, she transferred to the Army, serving as a general medical officer, Fort Meade, MD. She then completed residency training in obstetrics and gynecology at Walter Reed Army Medical Center and was assigned as a staff obstetrician/gynecologist at Darnall Army Community Hospital, Fort Hood, TX.

She may prove more sympathetic to Lt. Col Lakin’s position than some might think, with that sort of backgroud.

Creighton is a Catholic university in Omaha.

---

Major General Hawley-Boland has already forwarded the Lakin case with a recommendation as to disposition to Major General Karl R. Horst, the Military District of Washington Commander, on 8 June 2010. It is now up to Major General Horst to determine if the case will go to court-martial and the level of court-martial. Major General Horst could also decide that some other disposition is more appropriate than court-martial. Major General Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.

[seekthetruth]

“I would just like to know why he is not going through proper channels...”

As far as I know, Lakin did go through the proper channels of command and has all the documentation showing he was refused answers all along the way, which caused him to take the next step and put his excellent career on the line and even face Court Martial.