Posted on 08/17/2010 7:45:01 PM PDT by Man50D
A reported threat by a senior Army officer to "Taser" another officer on trial for challenging Barack Obama's eligibility to be president could be a serious "command influence" issue that could taint the case, according to an expert.
Vincent Averna, a former Navy captain in the Judge Advocate General Corps, has dispatched a letter to Maj. Gen. Carla Hawley-Bowland, who has command of the superior officer to Lt. Col. Terrence Lakin who allegedly was involved in the threat incident.
Averna suggested that unless the major general addresses the behavior, it could be "tantamount to command influence, since it can legitimately be said your inaction gives consent to this prosecutor's misconduct."
The comments from Averna were reported by the Greeley, Colo., Gazette, which has been following the case closely as Greeley is Lakin's hometown.
WND reported just days ago when the claim was brought forward by the American Patriot Foundation, which is generating support for Lakin.
Lakin was appearing at an Army hearing to be arraigned on charges, and, according to the foundation, "The afternoon before the hearing, LTC Steven Brodsky told LTC Lakin's counsel that Lakin must report hours before the hearing to his duty post at Walter Reed Army Medical Center in order for him to be 'transported under escort' to make sure he showed up at the arraignment 'to avoid embarrassing his unit.'"
(Excerpt) Read more at wnd.com ...
bump
Does he have standing to make a official appearance in the case?
Placemark.
Just pinging a couple of you to this thread.
This is indeed serious, especially since there was no necessity of removing Lakin from the company of his counsel and other officers at the time the threat was issued. What happened during the minutes when Lakin was alone with these military thugs?What was the purpose of his momentary arrest?
Shades of the KGB.
Intentionally done to get the .gov’s case thrown out on a “technicality”.
Yes, then we have no need of the evidentiary standard, Lakin gets a negotiated discharge in good standing and keeps his pension, Bye , bye!
We will get to see what stuff Lakin’s defense council is made of now.He will likely refuse the bait.The purpose of the case is to get the evidence of Obamas qualification under article II of the constitution.
Beware women with hyphenated last names!
Zero is a stinking Communist weasel, through and through. He should be drawn and quartered.
Lakin’s trial has great potential for illegal “command influence” to rear its head.
Criminal Barry the Bastard is teflon redux. The oligarchs do not want to address his criminality or his ineligibility issues. He knew that before he thugged his way into the race.
It would take revolution now to change the direction the democrap party has America tumbling/plummeting. The 'we the people' Republic is over. Now we shall live under the oligarchs, until a despot of greater lust comes to power.
Meanwhile, fascism tinged with dictatorship by political party covered by racial correctness is the order of the Obama day.
When the democraps steal the 2010 elections to remain in power, whom would we attack to get the nation back? The media will shout that 'the people have spoken' and skate also ... 50% of the sheeple don't want to endanger their entitlements!
It is the media scum, the fifth column enemy within, where the heads should roll first. But where are the needed guillotines?
I am a little old to take to the streets,but we may have to.
In the Gazette report, Averna said, "[Brodsky's] threat to have LTC Lakin Tasered to insure his silence is also a blatant violation of the American principle of innocent until proven guilty. This prosecutor is not following normal procedures in LTC Lakin's court martial. He is violating LTC's constitutional rights by prohibiting his freedom of speech, equal protection under the law and constitutional procedural due process by failure to follow the UCMJ procedures.""Command influence" in the military is a death knell for cases, since defense counsel can argue that the outcome of such a case was the result of fear on the part of prosecutors, judges or jurors of subsequent actions by the officers who control their lives and careers.
In Averna's letter to those handling Lakin's case, he warned Hawley-Bowland that "once you have been apprised of this prosecutor's abuse amounting to misconduct, you are under an obligation to make a determination of the factual nature of the allegations and a failure to do so is tantamount to command influence."
"The military judge does not control the prosecutor's conduct outside of the courtroom, but you can," he continued.
He also addressed the issue of evidence in the case, since Lakin's defense counsel has asked for a "discovery" process to include the documentation from the state of Hawaii that likely would reveal whether Obama was born in the state or not.
"The judge's rulings on admissibility of evidence and conduct of the actual trial can be reviewed by [a military tribunal] and their ruling can be brought directly to the Supreme Court without any other federal court review. Sooner or later everyone's actions (or lack thereof) will come under an objective review at the highest level, which not even the president of the U.S. can stop," he explained.
Check rxsid’s quote.
I am presuming Obama will not back down from the WTC mosque and will further get involved by issuing orders to some agency to be stationed on site to enforce security.
So whoever takes command would have a justifiable reason to disobey orders? That he was issued commands to fire upon any Americans that threaten the Islamic Victory Monument construction site?
Obama isn’t a legal Commander in Chief, its a historical fact, the courts have better wise up and realize the issue will NOT die, it will NOT be erased from the internet and it will NOT be ignored, not now and not in the future.
Where is Obama while this is going on? He could show his BC and order the trial to stop. But no, he can't, because it disqualifies him.
So, to continue his fraud, he puts the Army in this position of grinding and twisting in a court to put a good man in jail.
Soebarkah, the ultimate scumbag.
Joseph Farah
Obama shows his passport!
——————————————————————————–
Posted: August 18, 2010
http://www.wnd.com/index.php?fa=PAGE.view&pageId=192577
With the latest poll showing 58 percent of Americans not believing the president’s nativity story, I think this was a deliberate piece of government-sponsored propaganda.
What would interest me more than his current passport, which, we are told, had to be “renewed” as soon as he entered office, would be two things:
his previous passport records, showing where he traveled and when;
the documents he used to obtain his passports.
To obtain a passport, you must establish citizenship by offering one of the following, according to the State Department:
Previously issued, undamaged U.S. Passport
Consular report of birth abroad or certification of birth
Naturalization Certificate
Certificate of Citizenship
Certified birth certificate issued by the city, county or state
What do you suppose Obama provided?
By the way, the “certification of live birth” Obama showed Americans to establish his “natural born citizenship” would not be acceptable to get him a passport.
[....]
Next year, one or more of the several state legislatures is bound to approve new laws requiring future presidential candidates to prove constitutional eligibility before getting on the ballot.
That will require Obama to prove his “natural born citizen” status to run for re-election in 2012.
What will he do?
Will he attempt to use that digital abstract that couldn’t even secure him a passport?
I don’t think that’s going to do the trick – and those laws better be written very clearly to require a long-form birth certificate.
Hear me, all you “birthers” out there! We are winning the battle of eligibility. We’ve already won the hearts and minds of the people.
Now, all we have to do is translate that into some action at the state level.
If you agree with me on this strategy, sign the petition to embolden state legislators around the country.
Obama cannot win if he can’t get on the ballot.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=135733
Vincent Averna, a former Navy captain in the Judge Advocate General Corps, has dispatched a letter to Maj. Gen. Carla “Hawley-Bowland, who has command of the superior officer to Lt. Col. Terrence Lakin who allegedly was involved in the threat incident.”
“Averna suggested that unless the major general addresses the behavior, it could be “tantamount to command influence, since it can legitimately be said your inaction gives consent to this prosecutor’s misconduct.’”
OldDeckHand.....this is how a “former” Navy JAG should be acting. You could learn from this man.
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