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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: Cyropaedia

Right off the bat none of these cases would make it very far in a court of law. Oh, that’s right, they don’t. They all get dismissed - just like Lakin is going to be.


281 posted on 07/29/2010 2:02:51 PM PDT by imfleck
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To: edge919

Wow, that was pretty lawyer-ly.

Here’s another thing that’s lawyer-ly: Lakin is guilty and should be punished.


282 posted on 07/29/2010 2:04:42 PM PDT by imfleck
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To: jamese777

Unfortunately, I think if Congress was confronted with proof that Obama was born in Mongolia of Mongolian parents, they would pass a law saying NBC means a citizen of the world, and the SCOTUS would back them.

Frankly, if we had 100 GOP Senators, I don’t think we could muster 67 votes to remove Obama...and one of my own Senators, McCain, would lead the defense.


283 posted on 07/29/2010 2:06:16 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Polarik

Barack Obama isn’t even Barack Obama - that is an alias. Ther British father/dual citizenship angle would be great if his father was actually Barack Obama Sr.


Haw. Rev. Stat. §338-18(d) states, “Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.” Refer to link above for HRS §338-18.

Index data consisting of name and sex of the registrant, and type of event is made available to the public. The director, in accordance with HRS §338-18(d), has not authorized any other data to be made available to the public.

Index data referred to in HRS §338-18 from vital records in the State of Hawaii is available for inspection at the Department of Health’s Office of Health Status Monitoring at 1250 Punchbowl Street in Honolulu. The public will be asked to provide identification and sign in to inspect the names and sex of all births, deaths and marriages that occurred in the state. Data are maintained in bound copies by type of event with names listed alphabetically by last name.

The index data regarding President Obama is:

Birth Index
Obama II, Barack Hussein
Male

To request a search for index data, provide a first and last name of the individual, and the type of event along with a self-addressed, stamped envelope. Requests must be sent in writing to:

State Department of Health
Office of Health Status Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378

http://www.hi5deposit.com/health/vital-records/obama.html


284 posted on 07/29/2010 2:10:54 PM PDT by jamese777
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To: jamese777

And...?


285 posted on 07/29/2010 2:13:52 PM PDT by Polarik
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To: Prole

Professional soldiers is a term that refers to members of the military who are serving in a career status. It does not imply that those who serve a lesser period of time are “unprofessional”. I thought that you would understand that.

Masses are, not masses is.

LTC Lakin’s self-imposed troubles with his chain of command have nothing to do with Obama and that’s the point. I know that he wants it to be so, but that’s not going to happen. I suspect that Obama was born in Hawaii, but I don’t know that for a fact just as no one on this forum knows the contrary for a fact. I do think that he has something to hide in the whole body of the records of his early life which is the whole point of going to such extremes to hide them. If he weren’t hiding all of this from us, then we would know, wouldn’t we. But your approach of attacking all of those who haven’t jumped to the same conclusion as you isn’t going to get you anywhere.


286 posted on 07/29/2010 2:18:23 PM PDT by centurion316
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To: Mr Rogers

The United States from the very beginning believed that citizenship was passed by the parents. Birth on American soil was not enough to be a American citizen. A Natural Born citizen was someone who was born to parents who were citizens and needed no law or code to grant them citizenship. Some countries granted citizenship to anyone born on their soil , America was not one of them. Some people are confused and think that the 14th.amendment grants citizenship to anyone born here,no. To be a citizen under the 14th. It still requires that you be born with allegiance to the country.(Wong KIm Ark) . obama is not a natural born citizen and is not the legal President of the U.S.


287 posted on 07/29/2010 2:19:20 PM PDT by omegadawn (qualified)
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To: omegadawn

“The United States from the very beginning believed that citizenship was passed by the parents.”

Absolutely not true.

“It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.” - James Madison, 1789

“It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born...The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.” - Zephaniah Swift, A system of the laws of the state of Connecticut 1795

You write, “A Natural Born citizen was someone who was born to parents who were citizens and needed no law or code to grant them citizenship.”

You determined this how? The Supreme Court has disagreed, saying we have to look at the meaning of natural born subject in common law to understand what natural born citizen means.

“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.” - BLACKSTONE’S COMMENTARIES (1803)


288 posted on 07/29/2010 2:27:57 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: jamese777
You’re wrong, Clinton did not step aside during his impeachment hearings or trial.

Actually, I'm correct. Read it again as I said that.

289 posted on 07/29/2010 2:28:39 PM PDT by Red Steel
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To: Mr Rogers

Unfortunately, I think if Congress was confronted with proof that Obama was born in Mongolia of Mongolian parents, they would pass a law saying NBC means a citizen of the world, and the SCOTUS would back them.

Frankly, if we had 100 GOP Senators, I don’t think we could muster 67 votes to remove Obama...and one of my own Senators, McCain, would lead the defense.


Out of 309,856,496 (as of today) American citizens, there is only one US citizen who would most likely be granted standing to sue Barack Obama on ineligibility grounds.

The first requirement of standing is a specific, non-generalized injury-in-fact. There is only one person who was directly injured-in-fact by Barack Obama being elected president. That person is Senator John Sidney McCain. The only other person to actually receive Electoral College votes for President and stand a legitimate chance of being elected president.

Here is what a conservative federal judge, appointed by Ronald Reagan had to say: “To bring a case in federal court a plaintiff must establish that he or she has standing to do so, which is essentially a question of whether “the litigant is entitled to have the court decide the merits of the dispute. . . .”

There are three elements that form the “irreducible constitutional minimum of standing.” If any one of these three requirements is not met, a plaintiff does not have standing.

The first of these is that the plaintiff must suffer an injury in fact. That is an injury must be concrete and particularized and actual or imminent, rather than conjectural or hypothetical. Injuries which are general, rather than particularized, are not sufficient to create standing. Indeed, the Supreme Court has “consistently held that a plaintiff raising only a generally available grievance about government—claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large—does not state an Article III case or controversy.” —US Chief Federal District Court for the District of Columbia, Royce C. Lamberth in “Taitz v Obama”
April 14, 2010

In 71 tries, no plaintiff has been able to overcome the first element of standing. John McCain is the one person who might be able to jump that legal hurdle.


290 posted on 07/29/2010 2:32:03 PM PDT by jamese777
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To: Red Steel

Been busy lately - just checking in. The toadies are on this thread practically 3 or 4 to 1.

Somebody up top must be worried.


291 posted on 07/29/2010 2:32:30 PM PDT by little jeremiah
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To: Non-Sequitur; danamco
Busy day. Lots of Birthers out and about.

After-Birthers are a very small minority on FR although a vocal one.

292 posted on 07/29/2010 2:32:38 PM PDT by Red Steel
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To: little jeremiah
The toadies are on this thread

Yup.

293 posted on 07/29/2010 2:35:32 PM PDT by Red Steel
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To: omegadawn

The United States from the very beginning believed that citizenship was passed by the parents. Birth on American soil was not enough to be a American citizen. A Natural Born citizen was someone who was born to parents who were citizens and needed no law or code to grant them citizenship. Some countries granted citizenship to anyone born on their soil , America was not one of them. Some people are confused and think that the 14th.amendment grants citizenship to anyone born here,no. To be a citizen under the 14th. It still requires that you be born with allegiance to the country.(Wong KIm Ark) . obama is not a natural born citizen and is not the legal President of the U.S.


US Supreme Court Justice Antonin Scalia disagrees with you.
He argued very forcefully in an Immigration and Naturalization Service lawsuit that reached oral arguments at the US Supreme Court that natural born citizenship status requires “jus soli” (birth in a nation). Justice Scalia never once mentioned “jus sanguinis” in his argument.
http://www.oyez.org/cases/2000-2009/2000/2000_99_2071/argument

Justice Scalia: … I mean, isn’t it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England?

They did not want that.

They wanted natural born Americans.

[Ms.]. Davis: Yes, by the same token…

Justice Scalia: That is jus soli, isn’t it?

[Ms.] Davis: By the same token, one could say that the provision would apply now to ensure that Congress can’t apply suspect classifications to keep certain individuals from aspiring to those offices.

Justice Scalia: Well, maybe.

I’m just referring to the meaning of natural born within the Constitution.

I don’t think you’re disagreeing.

It requires jus soli, doesn’t it?”


And with specific regard to Barark Obama, the Indiana Court of Appeals ruled that parents have no impact on the natural born status of a person born in the US.

“Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by [the Supreme Court of the United States in their 1898 decision in the case of U.S. v.] Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person “born within the British dominions [was] a natural-born British subject” at the time of the framing of the U.S. Constitution, so too were those “born in the allegiance of the United States natural-born citizens.”—Indiana Court of Appeals, “Ankeny et. al. v The Governor of Indiana, Mitch Daniels,” Nov. 12, 2009


294 posted on 07/29/2010 2:40:59 PM PDT by jamese777
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To: jamese777
What part of “ORIGINAL vital records” didn’t you understand.

What part of 'did NOT cite the "original birth certificate"' do you STILL not understand. In her October 2008 statement, she cited it directly. In July 2009, she did NOT and changed her verbiage. If Obama's orginal birth certificate proved he was born in Hawaii, there's no need to cite any other records. No amount of pointless insults will change this.

295 posted on 07/29/2010 2:42:44 PM PDT by edge919
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To: little jeremiah; Red Steel

“Somebody up top must be worried.”

Good point. There are two possibilities:

1) It has been raining in Arizona, it is muddy, I can’t ride the horses, don’t want to do yard work and can’t go for a run because I broke my toe a week ago, am bored and in need of light entertainment, or

2) I got an urgent call from Rahm directing me to log on to FR and blow smoke on this thread.

I know which one YOU think is more likely....BWAHAHAHAHAHAHA!!!!!!!!!!


296 posted on 07/29/2010 2:42:57 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: edge919

Maybe vital records was used because Hawaii maintains...vital records.

http://hawaii.gov/health/vital-records/


297 posted on 07/29/2010 2:45:17 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: jamese777

“... and such other data as the director may authorize shall be made available to the public ...”

The director has discretionary authority to release ANY information from a birth record via this part of the statute. According to a staff attorney opinion letter (and the earlier language of 338-18(d)), the index data includes the certificate number. Yet for some reason, when asked for the index data related to the factlack dot org certificate number, the DOH refuses to say that it belongs to Obama or who else it might belong to. Using this one fact, the director of the DOH could legally confirm Obama’s alleged COLB as genuine, but instead, Fukino refuses. They claim that that OTHER unknown vital records allegedly verify Obama was born in Hawaii, but they won’t say that the original birth certificate does (and by default, the alleged COLB).

Further, we’ve learned from the DOH procedures and the Nordyke certificates that the factlack cert number cannot belong to Obama at all. No wonder the DOH uses wordplay to avoid saying Obama’s COLB is legit.


298 posted on 07/29/2010 2:54:40 PM PDT by edge919
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To: Mr Rogers

Maybe they used Vitale records.

http://www.basketball-reference.com/coaches/vitaldi99c.html


299 posted on 07/29/2010 2:55:01 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: Mr Rogers

Then why did she say original birth certificate in her previous news release??


300 posted on 07/29/2010 2:55:32 PM PDT by edge919
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