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Military Commanders issuing orders do so on behalf of the President (LTC Lakin)
Military Law and Precedents ^ | 1896 | Colonel William Winthrop

Posted on 08/07/2010 8:22:35 PM PDT by bushpilot1

Much has been said the orders sending Ltc Lakin to Afganistan were not from President Obama but from his military commander.

All military orders are from the President. In the book titled Military Law and Precedents by Colonel William Winthrop on page and 20 it states the following:

"Military Commanders giving orders represent the Commander-in-Chief, the President."

Photobucket


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: army; birthcertificate; certifigate; chainofcommand; eligibility; lakin; military; naturalborncitizen; obama; terrylakin
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To: bushpilot1

Matters not where Obama was born. He is not a natural born citizen. The orders sending LTC Lakin OCONUS are not valid.


We’ll all just have to wait and see if Colonel Denise Lind, the Military Judge in the Lakin Court Martial allows a broad interpretation of the charges against Lieutenant Colonel Lakin or if she sticks to a narrow interpretation.

To date, no authority be it judicial or legislative has determined Obama to not be a natural born citizen.


81 posted on 08/08/2010 3:58:51 PM PDT by jamese777
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To: bushpilot1

Orders must not contravene existing constitutional law. All written orders come from the CIC. The court needs to determine if Obama aka Soetoro, aka Soebakah, is a natural born citizen.


Lieutenant Colonel Lakin followed orders from the CIC for over a year until he received a movement order in support of Operation Enduring Freedom.
The court will rule on whether Lieutenant Colonel Lakin willfully disobeyed valid and lawful orders or not.


82 posted on 08/08/2010 4:06:09 PM PDT by jamese777
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To: Drew68; edge919

All y’all are leaving out something kind of important here. If 5000 troops stood up and refused to obey deployment orders, they would all heve to be charged, court martialled, and whatever comes with it. The publicity would be overwhelming, not to mention what an overload on the courts would be.


83 posted on 08/08/2010 4:06:46 PM PDT by MestaMachine (De inimico non loquaris sed cogites- Don't wish ill for your enemy; plan it)
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To: jamese777
The 1797 Edition Law of Nations. Obama aka Soetoro, aka Soebakah is not a natural born citizen. Photobucket
84 posted on 08/08/2010 4:15:59 PM PDT by bushpilot1
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To: butterdezillion
The judiciary is the only body which can interpret what “natural born US citizen” means.

I agree with you on this point, and I'm pleased to have been finally able to find something. I am unaware of any case where they have written an opinion that is directly related to the question of Presidential eligibility. That would require a challenge to a particular candidate and would probably have to be brought by a competitor. I don't think that we mere voters would be allowed to bring a suit.

I also think that the matter is moot in the case of the current President. Therefore, he will remain the legitimate President until the next election save an impeachment trial and conviction by the U.S. Senate. I would think that an opponent in the 2012 election could bring suit, but I doubt that will happen. The politicians don't want to touch this issue with a ten foot pole and the Judiciary won't get anywhere near it unless they are forced into a corner.

However distasteful that may be for you, its the most likely outcome. Like you said, its a political issue and politics is a nasty business.

85 posted on 08/08/2010 4:43:36 PM PDT by centurion316
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To: reasonisfaith

Heheh.

Does a bear etc.


86 posted on 08/08/2010 5:55:02 PM PDT by little jeremiah
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To: edge919

This is very entertaining. You’ve pulverized the foolish twaddle of the 0thugga toadies.


87 posted on 08/08/2010 5:58:14 PM PDT by little jeremiah
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To: centurion316

The issue of whether Obama qualifies doesn’t just impact the election process. It impacts whether he can ever have the presidential powers. The Constitution is being violated even as we speak, because Joe Biden is the only person the Constitution allows to “act as president” at this time.

At this point anybody who suffers particular and justiciable harm as a result of Obama exercising presidential powers would have standing to sue.

The issue that the court would need to address is whether Obama “failed to qualify” by Jan 20th - because that issue determines whether he can exercise any presidential powers - including that of CIC.


88 posted on 08/08/2010 6:10:40 PM PDT by butterdezillion (.)
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To: butterdezillion
The Constitution is being violated even as we speak, because Joe Biden is the only person the Constitution allows to “act as president” at this time.

Now you are going off the reservation again. That has not been determined by any competent authority, judicial or otherwise. Assertions do not equal fact and facts do not equal findings in law. You are skipping several steps. I respect your opinions, but you are not entitled to turn them into findings of facts and matters of law.

89 posted on 08/08/2010 6:14:51 PM PDT by centurion316
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To: MestaMachine
If 5000 troops stood up and refused to obey deployment orders, they would all heve to be charged, court martialled, and whatever comes with it. The publicity would be overwhelming, not to mention what an overload on the courts would be.

Yet to date not a single officer or enlisted has made a stand in solidarity next to Lakin.

90 posted on 08/08/2010 6:21:59 PM PDT by Drew68
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To: centurion316

1. The HDOH has confirmed that Obama’s BC is amended.

2. HRS 338-17 says an amended BC means nothing legally until determined as probative when presented as evidence to a judicial or administrative person or body.

3. Obama has made sure his amended BC has never been presented as evidence.

4. Without any legal determination of Obama’s birth facts nobody can legally say even what age he is, much less where he was born or who his parents were.

5. To “qualify” to be president a person has to meet the age, citizenship, and residency requirements of Article II.

6. Nobody could possibly know whether Obama “qualified” even now, much less Jan 20, 2009.

7. The 20th Amendment says that if the President elect has “failed to qualify” by Jan 20th the Vice President elect is to “act as President”.

8. Only one person can act as President at a time.

9. If the 20th Amendment was followed, Joe Biden alone would be able to “act as President” at this time.

OK. Now let’s do this like a geometric proof. Tell me which of those statements is incorrect. If they are all correct, then the conclusion is correct.


91 posted on 08/08/2010 6:22:27 PM PDT by butterdezillion (.)
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To: Drew68

Sad, isn’t it?


92 posted on 08/08/2010 6:41:33 PM PDT by butterdezillion (.)
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To: bushpilot1

The 1797 Edition Law of Nations. Obama aka Soetoro, aka Soebakah is not a natural born citizen.


Yeah, but a book on international law written by a Swiss citizen has no bearing on actual American codified law. The full translated title of Vattel’s work is: “The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns.”

You can tell that is true by the fact that no American court has ruled Soetoro to be ineligible including the Supreme Court of the United States which has rejected every one of eight different Obama eligibility appeals.

You can also tell that is true by the fact that it only would have taken one senator and one representative to object in writing to the certification of Soebarkah’s Electoral College votes and both houses of Congress would have had to hold investigations into the nature of the objections. Not a single one of 535 members of Congress submitted an objection.

And finally, you can tell that the Law of Nations carries no legal weight in US law by the fact that Chief Justice John Roberts would never have agreed to administer the Oath of Office to an ineligible president-elect.

You see, what is written in any law book written by an American or written by a Swiss then needs to be codified in the law of the land or rendered as a precedent setting opinion by the Supreme Court of the United States. That has not happened with Monsieur Vattel’s point of view.

Two years after Vattel’s Law of Nations, Founding Father James Madison, the primary author of the Constitution of the United States expressed an opinion contrary to that of Monsieur Vattel:
James Madison’s view: “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.

http://press-pubs.uchicago.edu/founders/documents/a1_2_2s6.html


93 posted on 08/08/2010 6:50:55 PM PDT by jamese777
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To: Hardraade

And do we think that our little WikeeLeakie is a stalwart member of our Left leaning wing ...?


94 posted on 08/08/2010 6:59:58 PM PDT by coldflamingo (Airborne (all the way to retirement))
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To: centurion316

I agree with you on this point, and I’m pleased to have been finally able to find something. I am unaware of any case where they have written an opinion that is directly related to the question of Presidential eligibility. That would require a challenge to a particular candidate and would probably have to be brought by a competitor. I don’t think that we mere voters would be allowed to bring a suit.

I also think that the matter is moot in the case of the current President. Therefore, he will remain the legitimate President until the next election save an impeachment trial and conviction by the U.S. Senate. I would think that an opponent in the 2012 election could bring suit, but I doubt that will happen. The politicians don’t want to touch this issue with a ten foot pole and the Judiciary won’t get anywhere near it unless they are forced into a corner.

However distasteful that may be for you, its the most likely outcome. Like you said, its a political issue and politics is a nasty business.


It is likely that John McCain would be granted standing to sue Obama. It is even possible that a conservative judge would grant standing to Sarah Palin since she could conceivably have been president if McCain died or was incapacitated. It is even within the realm of possiblity that the national Republican Party could have been granted standing to sue Obama as ineligible. But none of those entities chose to file suit or even submit a “friend of the court” brief in support of any Obama eligibility lawsuit.
And don’t forget that Nixon left office via resignation after being named as an unindicted co-conspirator by the Watergate Grand Jury. Evidence of fraud, forgery or election fraud could force a resignation.


95 posted on 08/08/2010 7:03:49 PM PDT by jamese777
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To: BigSkyFreeper

Do you know of any resources which would clarify exactly who decides troop levels and strategy, and how? I keep thinking there’s got to be something in the regs about what various levels of ranks have standing authorization to do. I just don’t know where to look for that information. Any ideas?


96 posted on 08/08/2010 7:07:11 PM PDT by butterdezillion (.)
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To: jamese777
Evidence of fraud, forgery or election fraud could force a resignation.

It could, but somehow I doubt that Obama would choose that route.

97 posted on 08/08/2010 7:07:41 PM PDT by centurion316
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To: centurion316

It could, but somehow I doubt that Obama would choose that route.


Nixon didn’t want to resign either but it was either that or be the first ever to be impeached and removed.
Sure Obama would wait to see what the likely vote count is in the Senate. Are there 67 votes or aren’t there?


98 posted on 08/08/2010 7:11:05 PM PDT by jamese777
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To: jamese777

The book that Bushpilot1 referenced has a place where it says that because the orders of the top command are substitutes for the CIC’s order, some orders include a statement about the President’s directive or reference the specific authority of the President - but those mentions are redundant because all orders by the top commanders derive their authority from the President.

Lakin was ordered to deploy in support of OEF, beginning by showing up at X and Y. Are you trying to say that current strategy in Afghanistan is still under the legal authority of GWB? When does the shift in authority go from one President to another? If Obama ordered the troops to do something criminal would Bush be legally liable for it because OEF was originally authorized by Bush?


99 posted on 08/08/2010 7:16:21 PM PDT by butterdezillion (.)
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To: butterdezillion
To “qualify” to be president a person has to meet the age, citizenship, and residency requirements of Article II.

Officials of the Democrat Party provided certifications, in a form required by the various states, that Barack Obama was their candidate for President. Only a few states required this certification to state that he was eligible. That's as good as it gets, I'm afraid. None of the states have language that require them to check first with Butterdezillion.

I'm not going to entertain this continued lunacy on your part. Let me know when you have a competent legal opinion that supports your view.

100 posted on 08/08/2010 7:17:09 PM PDT by centurion316
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