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LTC Lakin Makes Formal Request of Hawaii Deposition
safeguardourconstitution ^ | 7/29/2010 | American Patriot Foundation

Posted on 07/29/2010 1:01:40 AM PDT by rxsid

"Press Release: Lakin Makes Formal Request of Hawaii Deposition

American Patriot Foundation, Inc.
1101 Thirtieth Street, N.W., Suite 500
Washington, D.C. 20007
www.safeguardourconstitution.com

DECORATED ARMY DOCTOR LTC TERRY LAKIN MAKES FORMAL REQUEST TO COMMANDING GENERAL FOR DEPOSITION OF HAWAII STATE DEPT OF HEALTH

Testimony Sought of “Custodian of Records” AND Production of all records relating to President

Decision to be made by Army Major General

Washington, D.C., July 29, 2010. The Army doctor who is facing a court martial for refusing to obey orders, including a deployment order for his second tour of duty in Afghanistan, has formally requested his Commanding General approve a deposition in Hawaii of the records-keeper of the State Department of Health—and the production of all of their records concerning Barack Obama.

The records Lakin seeks have been the subject of intense interest ever since the closing days of the 2008 presidential campaign when a document appeared on the internet purporting to be a certification that Hawaii’s Dept. of Health had records showing he had been born in Honolulu. Since then, Dr. Chiyome Fukino the head of that agency has made public statements on the subject, but has refused all requests for copies of the actual records in the Department’s custody. Recently, a former Hawaii elections clerk has come forward saying that he was told that the Department’s records showed Obama was NOT born in Hawaii.

The United States Constitution requires that a person be a “natural born citizen” to be elected to the presidency. If Mr. Obama was not born in Honolulu as he has claimed, then he is unlikely to be a “natural born citizen”. An examination of the records kept by the Hawaii Dept. of Health are an essential first step in ascertaining Mr. Obama’s constitutional eligibility to hold the office to which he was elected in 2008.

While no civil litigant has obtained discovery of these records, and all the civil lawsuits seeking those records have been dismissed on procedural grounds, Lakin’s case is different because he is the subject of criminal prosecution, and upon conviction stands in jeopardy of being sentenced to years at hard labor in the penitentiary.

Lakin’s request was submitted by his counsel to the Commanding General of the Military District of Washington, Major General Karl R. Horst, under Rule 702(b) of the Rules for Courts-Martial, which provides that “A convening authority who has the charges for disposition or, after referral, the convening authority or the military judge may order that a deposition be taken on request of a party.”

Lakin’s civilian attorney has been provided to him by the American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, which has established a fund for Lakin’s legal defense to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com."

http://www.safeguardourconstitution.com/press-release/pressrelease20100728.html


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: certifigate; lakin; naturalborncitizen; obama
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To: Mr Rogers
I think WKA went too far, but their decision supported the idea that anyone born in the USA is a NBC.

No it doesn't. This may be what you want to believe, but the words in the decision say otherwise as they quote Minor's definition of Natural Born Citizen and do nothing to dispel it. In WKA's final determination, it agreed that the plaintiff was a citizen of the United States, which is the type of citizenship one needs to be in Congress, but not in the office of president. Second, the plaintiff's citizenship was partially dependent on his parents being permanent residents of the United States when the child was born. Obama's father was never a permanent resident, so he doesn't even fit WKA's requirements for a citizen of the United States ... and that's IF he can prove he was born in the United States. To date, no competent legal authority has been able to verify his alleged COLB is genuine nor have they provide legal documentation of birth in Hawaii.

181 posted on 07/29/2010 12:06:14 PM PDT by edge919
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To: Triple

Actually you have to feel sorry for his foreign wife???


182 posted on 07/29/2010 12:07:07 PM PDT by danamco (")
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To: Mr Rogers
I’ve argued that those born in the US whose parents are here legally are US citizens. That is based on the 14th Amendment to the Constitution. I think WKA went too far, but their decision supported the idea that anyone born in the USA is a NBC, just to clarify.

Now it only supports the idea? I remember you arguing strenuously that being born in the US made anyone an NBC? So you now agree that based on the WKA opinion that the 14th Amendment only makes them citizens and not natural born citizens?

However, someone born in the USA but raised in Mexico as a Mexican who never claims US citizenship is NOT treated as a US citizen. He is not taxed, not required to register for the draft, etc. He could at a future date claim US citizenship, and I’m not certain how that would turn out. But he would NOT be extradited to the US for military service.

Who said anything extradition? LoL. As the German government at a time demanded that the person born to American parents who was born in Germany had to do compulsory military service in their country.

183 posted on 07/29/2010 12:07:07 PM PDT by Red Steel
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To: danamco
Tim Adams “Chief Election Clerk” from the city and county of Honolulu, Hawaii during the 2008 presidential election.

Is he a "lair lair, pants on fire," or is he an idiot also???

I suspect Ms. Rogers believes both.

184 posted on 07/29/2010 12:11:37 PM PDT by Red Steel
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To: Mr Rogers
What US passport?

This is a man with no Hawaii Social Security number. For all we know he traveled to Pakhistan on an Indonesian passport.

The Red Diplomatic Senate passport is automatic, he just fills out a form for that on election.

Why is the investigation into the 2008 “cauterization” of Obama’s passport file so heavily redacted?

Why Did the Russians detain Obama in 2005, during a senate visit to a Ural Mountain city, retaining his travel documents during the “interview” process?

185 posted on 07/29/2010 12:13:47 PM PDT by Exmil_UK
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To: El Sordo
Why would I need to talk to him?

His actions speak louder than words. Lakin is being thrown under the bus, and his CO and the rest of these people are acting like they never knew him.

Careerists and opportunists are everywhere in the O-6+ category.

CMH or not.

And, may I ask, have you spoken to Lakin? Why would an outstanding officer put everything on the line like this?

Why are you obamanistas so ardent in defending a Constitutional right that he evidently should be denied?

Are you so eager to see Lakin destroyed that you completely miss the point?

186 posted on 07/29/2010 12:15:43 PM PDT by Prole (Please pray for the families of Chris and Channon. May God always watch over them.)
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To: danamco
The same Tim Adams who says that the DNC made sure that BHO is eligible for the Presidency, even though he was probably born overseas?

The same Tim Adams who himself said that BHO is eligible for the Presidency?

The same Tim Adams that says the COLB proves BHO is a US citizen and that it's a form given to Hawaiians born out of state?

The same Tim Adams who says that this stuff is basically about racism?

I dunno. What do you think?

187 posted on 07/29/2010 12:17:21 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: Red Steel

That is what you can expect of the two-faced former Army officer with knee-pads!!!

Here is one with a higher pay-scale than Mrs. Rogers who has cojones to speak out:???

http://www.youtube.com/watch?v=fO8n4Pij158&feature=player_embedded


188 posted on 07/29/2010 12:18:58 PM PDT by danamco (")
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To: Aurorales
It shows what kind of a person you truly are.

Easily amused, I guess.

189 posted on 07/29/2010 12:18:58 PM PDT by Non-Sequitur
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To: Exmil_UK

What makes you think BHO has ever been to Pakistan?


190 posted on 07/29/2010 12:20:09 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: Prole
Just seems like you might want to talk to someone about their motivations before making sweeping assumptions about them when they do not behave as you think they ought to behave.

Just sayin’.

191 posted on 07/29/2010 12:20:17 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: Red Steel

“So you now agree that based on the WKA opinion that the 14th Amendment only makes them citizens and not natural born citizens?”

From the dissent in WKA:

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZD.html

Their decision supported the idea that anyone born in the USA is a NBC, as the dissent recognized. With time, it has become a well accepted idea - and it was prior to Obama. It has never been formally ruled on by the SCOTUS, but I believe they would follow the argument used by the Indiana Courts...except I believe they will never take a case.

“Natural Born Citizenship Clause. The clause of the U.S. Constitution barring persons not born in the United States from the presidency.” - Black’s Law Dictionary 1999


192 posted on 07/29/2010 12:22:31 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: El Sordo
The same Tim Adams who says that the DNC made sure that BHO is eligible for the Presidency, even though he was probably born overseas?

Now there's an illogical proposition.

The same Tim Adams who himself said that BHO is eligible for the Presidency?

... because he didn't understand the Constitution nor the term natural born citizen ...

The same Tim Adams that says the COLB proves BHO is a US citizen and that it's a form given to Hawaiians born out of state?

Which doesn't exactly make sense since the state of Hawaii has never confirmed the alleged COLB to be genuine ...

193 posted on 07/29/2010 12:24:16 PM PDT by edge919
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To: El Sordo

Well, let me see; it seems to me then, that he and you are not very well versed about the Constitution, if you believe all those statements applies to the Constitution???


194 posted on 07/29/2010 12:24:33 PM PDT by danamco (")
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To: Exmil_UK

There is no such thing as a Hawaiian SSN. Mine was issued in California, although I had never lived in California and was only passing through.

There is no evidence of an Indonesian passport. None.


195 posted on 07/29/2010 12:25:05 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Prole; Mr Rogers
Based on folks I know, I’d say MOST military members think Lakin is in the wrong.

Mr Rogers is quite right in his assertion when it is applied to professional soldiers. I use the term professional soldiers to refer to Soldiers, Sailors, Airmen, and Marines. He knows many such men and women as do I. You will not find much support for LTC Lakin among that group, either active or retired. And it has nothing to do with President Obama or any of the dust up over his eligibility.

There is a tradition of over 200 years standing against serving soldiers engaging in partisan politics. When members of the military have crossed this invisible line, they have invariably been met by disapproval from their peers, superiors, and subordinates. I don't see any reason to abandon this important tradition just because we don't like the man currently sitting in the chair. This is a matter for the courts and the politicians and they won't touch it with a 10-foot pole.

If LTC Lakin wanted to engage in an attack on a sitting President, he was obligated to first resign or retire. He did neither, of course, because then he would have been useless to those whispering into his ear. They cling to their forlorn hope that Lakin is the magic key to standing and will force the showdown that they want. It won't. The subject of Obama's eligibility will never be heard inside the courtroom. Instead, what will be heard will be the charges against LTC Lakin for refusing to deploy, the evidence in support of those charges, and the inevitable finding of guilty. Lakin won't become a martyr, he's just be another military prisoner in Leavenworth. After serving a very short period, he will be dismissed from the service and cashiered.

All of this will be a real shame, but it will be Lakin who pays the price for listening to the advice of people who will walk away to find their next dupe.

I have said a number of times on this forum on the many threads about this issue that were I on the court martial panel hearing LTC Lakin's case, I would vote for conviction. The vast majority of professionals would do the same and those who are active members of this forum have weighed in with similar opinions. You can have your own opinion of course, but calling people who know better liars and imbeciles won't bring many people to your point of view.

196 posted on 07/29/2010 12:25:28 PM PDT by centurion316
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To: rxsid
Actually, I am urinating on your leg and you think it is raining. How much longer do you wish to keep this up?
197 posted on 07/29/2010 12:25:38 PM PDT by verity (Obama, the BS and rhetoric President)
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To: danamco

Nope, I didn’t forget his oath, the one where he swore that he would “...support and defend the constitution of the United States against all enemies, foreign or domestic...”
He didn’t really swear an oath to the constitution, rather he swore that he would support and defend it.

If we’re going to use his “oath” as any part of the argument then we have to consider that he isn’t tasked with determining who the “enemies” are. He’s a doctor and as far as I can tell isn’t qualified to make that determination. As a matter of fact, it’s NOT his decision.

His birth certificate was validated by the Hawaii Department of Health in June 2008 as described here:
http://mariopiperni.com/barack-obama/the-obama-birth-certificate-non-story-and-more-republican-nonsense.php

I’m sure he’s not giving up any constitutional rights as that’s not what is being argued, but I’m pretty sure he’s going to be found guilty. As he should.


198 posted on 07/29/2010 12:26:02 PM PDT by imfleck
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To: Non-Sequitur

You still on duty since 4:07 PM, that’s really something to be amused by, LOL!!!


199 posted on 07/29/2010 12:27:31 PM PDT by danamco (")
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To: edge919

I’m inclined to agree.

So perhaps Tim Adams isn’t the best source for much of anything on this matter.


200 posted on 07/29/2010 12:27:47 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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