Posted on 08/06/2010 1:17:40 PM PDT by cycle of discernment
Before birther row, Lt. Col. Lakin racked up medals as flight surgeon
By Eliott C. McLaughlin, CNN August 6, 2010 2:51 p.m. EDT
(CNN) -- Lt. Col. Terrence Lakin is a poster soldier for the so-called birther movement, but for 17 years prior to his court-martial proceedings, the flight surgeon served around the globe, racking up a chest full of medals.
Military prosecutors allege that the Colorado native intentionally missed a plane in April after disobeying four lawful orders from superiors. Lakin has said he refused to deploy to Afghanistan until he sees proof that President Obama was born in the U.S.
In a YouTube explanation posted before he was charged, Lakin said he had no choice but the "distasteful one of inviting my own court-martial."
"If [Obama] is ineligible, then indeed, all orders are illegal because all orders have the origin with the commander in chief," he said.
The Uniform Code of Military Justice says the maximum punishment for both offenses -- missing his plane and disobeying lawful orders -- is a dishonorable discharge and up to two years in confinement. A guilty verdict could also result in forfeiture of his pay, which totals $7,959 a month, according to a charge sheet provided by a group sponsoring his defense.
(Excerpt) Read more at cnn.com ...
And every Circuit Court read the Presser case as permitting states to ban firearms ("the [second] amendment is a limitation only upon the power of congress and the national government, and not upon that of the state"), even though the Presser case also expressly says "states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms."
Somebody pointed out a dual citizen case to me last week (Kawakita v. US, 343 U.S. 717 (1952)), and that case is a great example of why a dual citizen (at birth) is not within the ambit of "natural born citizen" as the founders intended. That Congress didn't figure it out is no surprise, and that the courts avoid or whitewash a controversy of this magnitude is no surprise either.
Are you gonna jump off the cliff because everybody else is?
All orders must follow the chain of command . If the person in charge (CIC) has no legal authority, All commands below him are invalid. For example the officer who issued Lakin’s orders had to be followering orders from someone above him, and so on and so on, till you reach the CIC. Of obama is not a Natural born citizen (both parents U.S. citizens) then he had no authority as Commander in Chief and Lakins orders are invalid.
the spit actually evaporates before it hits the sidewalk...much like Old Deck Hand’s, et al, arguments.
all of them have been dismissed for lack of standing; none on the merits of the case. 25 yrs my ass.
During the first Iraq was, a doctor named Yolanda Huet-Vaughn refused to deploy to Iraq because she claimed the war was illegal and obeying orders to go would leave her open to war crime charges. She was arrested, court martialed, convicted, and spent time in Leavenworth.
Wouldn't a Christian simply prove to Captain Huet-Vaughn that the war was legal instead of separating her from her children and sending her to prison?
“But, if Lakin is going to argue that Obama isn’t eligible even if he WAS born in HI, then why ask for the HI birth certificate at all?”
Because IF the BC shows, or casts doubt, on President Obama being born in Hawaii....it is a more solid case that he isn’t a NBC because of the laws in effect at the time. Also, it almost certainly has things that President Obama is attempting to hide.
BS, the SecDef then and now is Bob Gates, appointed by George Bush. He is a holdover, and never left the office, so was not appointed by Obama.
So are you saying that every order issued by every officer and NCO in every branch of the military has been illegal since January 20, 2008?
ROTFLMAO!!! Still clinging to that I see?
Obama’s eligibilty opposition has to prove him to be ineligible and then convince Congress to impeach, convict and remove him or force his resignation.
Since the only way to do that is to have Obama produce the actual paperwork via the legal process of discovery, someone has to force the matter into a court of law, LtCol. Lakin is doing just that.
Actually Article 92 doesn't say that. What is says is this:
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
What made the orders of Colonel Roberts or Colonel McHugh unlawful?
Obama Release Your Records
Included is a Scribd upload of a letter Ltc. Lakin wrote to Obama requesting that Obama produce his original birth certificate so that the question of his eligibility as a NBC can be finally answered.
From Ltc. Lakin's letter to Obama
Since the fall of 2008, I have been troubled by reports that your original birth certificate remains concealed from public view along with many other records which, if released, would quickly end questions surrounding your place of birth and "natural born" status. Many people mistake the online Certification of Live Birth for an original birth certificate. Until the summer of 2009, the Hawaiian Department of Homelands would not accept this Certification of Live Birth to determine native Hawaiian identity--the Department insisted upon also reviewing an original birth certificate. Many do not understand that cthe online document was from 2007, generated by computer, laser-printed, and merely a certification that there is an original birth certificate on file which may or may not be sufficiently probative. An original birth certificate is the underlying document that presumably includes a hospital and attending physician's or midwife's name that should lay to rest the "natural born" dispute.
There are also links to interviews and additional information showing the extent Lakin went to in questioning his command, Senators, congress critters etc about Obama's eligibility.
If his defense has not raised to issue of NBC at trial they are doing a huge injustice to Lakin unless of course the court has ruled Lakin can not use the NBC argument and his attempts to clarify the issue as part of his defense.
He is in the office and has been for over a year now. He was on the ballot in 50 states plus DC, he was elected with 69 million popular votes, he received a majority of the Electoral College votes, his Electoral College votes were certified by the Vice President without objection from any of the 535 members of Congress and he was sworn in as President by the Chief Justice.
And if it can be proved that all of the above began with an election fraud committed against the United States of America by Barack Hussein Obama and others wouldn't you want to know it?
Seriously given the scope of level of possible fraud here, versus one simple document which could prove everything either way where is Justice?
http://nativeborncitizen.wordpress.com/2009/07/15/us-v-huet-vaughn-legality-of-the-deployment-is-a-non-justiciable-political-question/
‘In United States v. Huet-Vaughn, the accused was a medical doctor who went AWOL after her reserve unit was ordered to deploy to Southwest Asia as part of Operation ”Desert Storm.” At trial on a charge of desertion, she argued that she was entitled to offer evidence of her moral and religious beliefs as a defense and also urged the so-called ”Nuremberg defense” on grounds that the actions by the United States constituted crimes against humanity and international law. The court concluded that the defense is only applicable to individual acts during wartime and not to the government’s decision to wage war. The court said that the accused had not shown that she was ordered, as an individual, to commit a positive act which would have amounted to a war crime.Her general challenge to the legality of the deployment itself, said the court, was a non-justiciable political question.
“[t]he duty to disobey an unlawful order applies only to a positive act that constitutes a crime that is so manifestly beyond the legal power or discretion of the commander as to admit of norational doubt of their unlawfulness.”’
“...as to admit of norational doubt of their unlawfulness.”’”
A high standard for a ”Nuremberg defense”.
During the first Iraq was, a doctor named Yolanda Huet-Vaughn refused to deploy to Iraq because she claimed the war was illegal and obeying orders to go would leave her open to war crime charges. She was arrested, court martialed, convicted, and spent time in Leavenworth.
Oddly enough the only way to prove an order is illegal is to disobey it and get court martialed where in a court of law you can prove the order was illegal.
Huet-Vaughn found out. Lakin will too.
He knew the consequences going in.
And you or no one here has denied that.
No, that's just the way MSNBCCNCBSABC is reporting it. He's aware off all the issues. I would not say a possible foreign birth is irrelevant though, it certainly would prohibit "Natural Born" status, given that both his parents were not citizens.
However, IMHO, his Indonesian citizenship doesn't matter.. unless he did something as an adult to claim it. Like applying for college aid only available to foreign students. :)
Since there is no question that obama is ineligible to be President and can not be the Commander -in-chief, Who is in charge of the military? While it's true Lakin refused to follow a order , who has the authority to enforce that order? Not the current government ,it has no legal status as obama is not the legal President.
While you may think I’am nuts , think of this , obama is staying in the White House by contesting every lawsuit against him by saying that no one has the authority(standing) to question his citizenship status.
If Lakin could get a copy of obama’s birth certificate showing that both his parents were not U.S. citizens . He would be able to prove obama is not the Commander in Chief and had no authority to issue orders though the chain of Command.
If Lakin is denied Disclouser ( the right to see proof) then he is screwed. He would have no proof obama is not a Natural Born citizen and ineligible to be the President and Commander in Chief.
But the trial judge and the appeals court will have to agree. If the JAG Colonel allows "discovery", then things could get interesting. Similarly if she doesn't and the appeals court overrules, again, it gets interesting.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.