LTC Lakin Makes Formal Request of Hawaii Deposition

safeguardourconstitution ^ | 7/29/2010 | American Patriot Foundation

[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

[edge919]

You’re expecting Fremont defenders?? What?? Was Obama’s papa an immigrant???

[edge919]

There isn’t data for each type of record, there is only one index for a birth type of record being on file for a male named Bartck Hussein Obama Jr.

Bartck Obama?? What??? BTW, you just contradicted yourself. I've made no argument such as whatever the hell you're talking about.

There is a three and four digit difference between the Nordyke Twins’ registration numbers and the Obama number.

According to the DOH, the cert numbers were given by the state when the record was processed. Obama's could NOT be higher than the Nordykes and be published EARLIER than their birth announcements.

Hawaii Directors of Health before Dr. Fukino and probably after she is gone defer to the language in HRS 338-18(b) on who has access and under what circumstances:

This is for inspecting the records or getting certified copies. It does not apply to the index data and several variables including the cert number can be made public. It is done this way still in other states and Fukino could release Obama's using her statutory authority as was cited earlier. To date, she refuses.

[jamese777]

The guidance in the Wong Kim Ark decision says that parents matter. They quote Minor’s definition of natural born citizen that says parents must be citizens, and they go on to say that Ark’s parents mattered in order to make Ark a citizen of the United States because the parents were permanent residents. Ankeny flubbed up by misreading, misundestanding and misinterpreting WKA. Period.

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If that were true I’m certain that the Indiana Supreme Court would have taken up the appeal of Ankeny. They didn’t. And Ankeny could have been appealed to the federal courts. It wasn’t.
Below are some examples of the “guidance” from US v Wong Kim Ark that the Indiana Court of Appeals used in their decision that Barack Obama qualifies as a natural born citizen and was eligible to receive Indiana’s Electoral College votes.

From the Wong Kim Ark decision: “To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.”—US v Wong Kim Ark (1898)

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From the Wong Kim Ark decision: “The Fourteenth Amendment of the Constitution, in the declaration that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,’ contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.”—US v Wong Kim Ark (1898)

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From the Wong Kim Ark decision: “The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.”—U.S. v Wong Kim Ark (1898)

[centurion316]

LTC Larkin’s argument is not going to be heard. What will be heard is evidence that he knowingly and willfully refused deployment to Afghanistan. I would listen closely to the evidence and vote on the basis of what I heard. I would never hear anything about President Obama’s eligibility, and so it would not be a factor.

As to that point, I believe that Mr. Obama was most likely born in Hawaii, but since his complete vital records have not been made public, I can’t say for sure. Given that his father was a foreigner, even if he was born in Hawaii, he may not be eligible to be President. The legal opinions seem to vary on that point though most think, on the basis of language in the 14th Amendment that he is eligible.

[jamese777]

This is for inspecting the records or getting certified copies. It does not apply to the index data and several variables including the cert number can be made public. It is done this way still in other states and Fukino could release Obama’s using her statutory authority as was cited earlier. To date, she refuses.

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Anyone can order the Index Data for Barack Obama according to the Department of Health’s FAQ on Obama.
“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
Honolulu, HI 96801

There may be a cost for search, segregation and copying based on the request. If prepayment is required, the DOH will send a Notice to Requestor form with the amount required for prepayment. Only a money order, certified check, or cashier’s check (make money order and checks payable to the State Department of Health) will be accepted. Personal checks will not be accepted. All fees are non-refundable; if no data is found after a search is conducted, the fees are retained to cover the cost of the search. Requests for index data will be sent out within 2-3 weeks after receipt of payment.”
http://www.hi5deposit.com/health/vital-records/obama.html

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However if anyone does all that, what they’re going to get is exactly what is already on the FAQ:
The index data regarding President Obama is:
Birth Index
Obama II, Barack Hussein
Male

That’s it.

[edge919]

You make my argument for me. The 14th amendment does contemplate two types of citizenship, but as the Minor quote says, natural born citizenship falls OUTSIDE the Constitution. It is NOT defined by the 14th amendment which is part of the Constitution. And the conclusion says clearly, "whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States ..." The parents status mattered. They admit. Embrace it.

[jamese777]

LTC Larkin’s argument is not going to be heard. What will be heard is evidence that he knowingly and willfully refused deployment to Afghanistan. I would listen closely to the evidence and vote on the basis of what I heard. I would never hear anything about President Obama’s eligibility, and so it would not be a factor.

As to that point, I believe that Mr. Obama was most likely born in Hawaii, but since his complete vital records have not been made public, I can’t say for sure. Given that his father was a foreigner, even if he was born in Hawaii, he may not be eligible to be President. The legal opinions seem to vary on that point though most think, on the basis of language in the 14th Amendment that he is eligible.

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Here’s what one federal judge who looked at the issues had to say:
“There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment. Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president–removal for any reason–is within the province of Congress, not the courts.”—US District Court Judge David O. Carter in dismissing “Captain Pamela Barnett, et. al. v Barack H. Obama, et. al.,” October 29, 2009

[edge919]

You’re not listening. Pull your fingers out of your ears. The director has discretionary statutory authority to release and therefore confirm any data from the original birth certificate. The cert number would be a quick, easy and LEGAL way to confirm the alleged COLB is legit and that the number belongs to Obama. An OIP staff attorney opinion letter confirms that the DOH can release certificate numbers to the public. There’s no logical nor legal reason not to.

[Exmil_UK]

“vital records” is a vague phrase in Hawaii because Hawaii law is such a mess on the issue.

Unless the exact phrase is used, i.e. long form hospital birth certificate, or natural born citizen, its impossible to actually know legally what the person said.

Its just trickery, to make the ordinary citizen think something said was one thing in common sense terms, when in actual fact the precise and legal meaning was far, far weaker.

Perfect for propaganda when all the media will show is a few cut down sound bites on TV with no legal analysis.

You keep trying to substitute “natural born subject,” because it benefits your case, when the constitution says “natural born citizen.”

I think Vattel *is* US common law at the constitutional level. While parts of English common law may remain at the state level for the original 13 colonies, US Federal Law and the constitution always super-cede and override it.

[LorenC]

You’re expecting Fremont defenders??

No. Not among Birthers, that is. If history's any indicator, the standard Birther response to a historical example that contradicts the Birther-preferred definition is to declare that the person in question was also illegitimate, and that history simply ignored this.

That is what happened with Arthur, after all.

Birther: Presidents must have two citizen parents.
Skeptic: President Chester A. Arthur didn't have two citizen parents.
Birther: Then obviously Chester A. Arthur was an illegitimate President.

So if you want to claim that the first Republican candidate for President was actually ineligible, then go ahead.

[jamese777]

Good find. Barack Hussein Obama never lived at 6085 Kalanianaole Hwy, and there’s no place of birth listed in that announcement. At BEST, it proves a birth date and gender.

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Tours of Obama’s birthplace in Honolulu, like Gray Line Tours stop at the house at that address. Its the little cottage in back of his grandparents’ former house.
Follow this link and scroll down to the fourth photo to see the house:
http://obamasneighborhood.com/pointsofinterest.html
And here’s a picture of the cottage:
http://the.honoluluadvertiser.com/article/2008/Nov/09/ln/hawaii811090361.html

[bushpilot1]

"These were natives, or natural-born citizens,"

[bushpilot1]

[centurion316]

Thanks, hadn’t seen this opinion before. Needless to say, I agree with the judge.

[omegadawn]

Perhaps you misunderstood that Scalia was asking a question not making a statement.
The ankeny has no bearing on Federal law. It refered to the Wong KIm Ark case, but then rejected the opinion of the court in the case. Ark was declared a native born citizen, not a natural born citizen.

The closest thing to defining Natural born citizen by the Supreme Court was in Minor vs. happensett whereas the court defined a Natural Born citizen as someone whom parents were U.S. citizens. A lower court in Indiana does not over rule a decision by the U.S. Supreme court.

[jamese777]

You’re not listening. Pull your fingers out of your ears. The director has discretionary statutory authority to release and therefore confirm any data from the original birth certificate. The cert number would be a quick, easy and LEGAL way to confirm the alleged COLB is legit and that the number belongs to Obama. An OIP staff attorney opinion letter confirms that the DOH can release certificate numbers to the public. There’s no logical nor legal reason not to.

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Everyone who cares already knows the Certificate number:
050-1961-010641.
The certificate number is from the original Certificate of Live Birth and it appears on COLB’s whether they are scanned images on the internet or the copies of COLBs sent directly from the Department of Health.

Perhaps at some point, Dr. Fukino will submit a sworn deposition or be called to testify in a court of law. I think that would be great.

[jamese777]

Perhaps you misunderstood that Scalia was asking a question not making a statement.
The ankeny has no bearing on Federal law. It refered to the Wong KIm Ark case, but then rejected the opinion of the court in the case. Ark was declared a native born citizen, not a natural born citizen.

The closest thing to defining Natural born citizen by the Supreme Court was in Minor vs. happensett whereas the court defined a Natural Born citizen as someone whom parents were U.S. citizens. A lower court in Indiana does not over rule a decision by the U.S. Supreme court.

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Justice Scalia was stating HIS opinion and trying to get the plaintiff’s attorney to agree with him.
Since US elections are decided on a state by state basis through the accumulation of a needed majority of states’ electoral votes, the Ankeny decision carries weight and could have been appealed to federal courts but wasn’t.
The US Supreme Court has rejected eight Obama eligibility appeals thus far. They have shown no interest in this issue.

[jamese777]

You make my argument for me. The 14th amendment does contemplate two types of citizenship, but as the Minor quote says, natural born citizenship falls OUTSIDE the Constitution. It is NOT defined by the 14th amendment which is part of the Constitution. And the conclusion says clearly, “whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States ...” The parents status mattered. They admit. Embrace it.

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Nah, the parents’ citizenship status is completely and totally irrelevant if a person was born in the United States of America. If it were otherwise, I’m sure that the Supreme Court of the United States would have granted cert way before now in an Obama eligibility lawsuit. They haven’t. It only takes the concurrence of four justices to grant cert and there are five conservative, originalists to choose from.

[jamese777]

Thanks, hadn’t seen this opinion before. Needless to say, I agree with the judge.

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You’re welcome and I agree with him too! ;-)

[little jeremiah]

And many, many of us skip over his and many other 0thugga toadies’ comments. Or whatever they are.