While I can't say that I'm familiar with all, or even many of the birther cases, I don't believe a single case has survived a motion to dismiss, as such, there haven't been any other motions presented nor have their been any discussions about stipulated facts. These are things that happen after a judge has decided that there will be a trial.
"and under the UCMJ is he allowed to do so?"
If the military judge rules that the events surrounding Obama's birth are relevant to Lakin's court-martial, the yes, the prosecution could stipulate those facts.
From everything I've read though, Lakin wouldn't be interested in such a stipulation because he believes that Obama was not born in HI.
If the military judge rules that the events surrounding Obama's birth are relevant to Lakin's court-martial, the yes, the prosecution could stipulate those facts.
So let's be clear on this; if a Military Judge rules that the events regarding Obama's birth are relevant then the Prosecution can then stipulate the fact that Obama's father was not a citizen of the US at the time of Obama's birth is not relevant to the case.
Is that what you are saying?