Posted on 09/02/2010 2:24:49 PM PDT by Smokeyblue
A career officer in the U.S. Army acting as a judge in the court-martial process for Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama's eligibility to be president to be evaluated.
Army Col. Denise R. Lind today ruled in a hearing regarding the evidence that will be allowed in the scheduled October court-martial for Lakin that he will be denied access to any of Obama's records as well as any testimony from those who may have access to those records.
SNIP
Lind, who took 40 minutes to read her decision to the courtroom, disagreed.
She said opening up such evidence could be an "embarrassment" to the president and anyway, it should be Congress that would call for impeachment of a sitting president.
(Excerpt) Read more at wnd.com ...
And the elements of Article 92 make it clear that orders can be unlawful because they violate the Constitution. So the Constitutional question is absolutely on the table for a court-martial conviction.
The military should not even have been able to accuse Lakin of disobeying a LAWFUL order until they did what Lakin asked them to do all along and ascertained whether the orders were “contrary to the Constitution”, in which case they would not be lawful orders.
The military has no authority to say whether those orders were lawful or not because they can’t determine Constitutionality. They should have filed their own case before the civilian courts in order to get a Constitutional ruling and then on the basis of that ruling decided whether they could charge Lakin with violating a lawful order.
They were chickens. Either that, or they were somehow bribed or threatened into breaking their oaths to uphold and defend the Constitution.
I suspect that those very words crossed Axelrod's lips before they ran him for President.
I would add one more thing. Lakin did try in every way possible to get an answer to his question, but was rebuffed at every attempt.
If a court finds that a person is the president, however he might have gotten there, I think it is clear that that person can only be removed by impeachment. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, who
I don’t know why you’re addressing me. I never read the crap and lies spewed by you 0thugga toadying suckups.
Please disregard the last line of my last post.
Please disregard the last line of my last post.
Congress has exercised its power and established the Army at the inception of the Republic. It is run by the Department of the Army, not the President. The operations of the Army today are entirely Constitutional. The reality is, the President gives very, very few orders and none were given to Lakin.
The movement orders Lakin was given were lawful. Think what would happen if it actually were the law that every order given in the Army today could be disobeyed. We wouldn't have an Army, we would have a mob. Moreover, the Army is not and cannot be under the Constitution the institution to decide a President's credentials. That must be the Congress and ultimately the electorate. We are not a banana republic.
I honor Col. Lakin's motives, but respectfully disagree. I come down on this on the side of the Army. He was given lawful deployment orders that he did not obey. That is not the context in which to test the President's credentials. I feel very sorry for a good soldier and doctor.
I think what happens is SCOTUS rules on a 20th Amendment claim and decides that Joe Biden is to “act as President until a President shall have qualified”, as the 20th Amendment specifically states.
SCOTUS would have to decide whether someone who was never eligible to be President could actually become President. If he couldn’t actually become President, then there would be no need to impeach him.
If he could actually become President but was Constitutionally disabled from exercising the Presidential powers then Congress would have to impeach him to get rid of him.
SCOTUS would have to decide how the Constitution provides for the nation to get a President who qualifies in this case, that process would have to happen, and whoever finally qualified would then take over as President in Biden’s place.
The Supreme Court only exercises original jurisdiction in disputes between the states and in cases involving ambassadors and public ministers and consuls.
Article III, Section 2, Clause 2: “In all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party, the Supreme Court shall have ORIGINAL jurisdiction. In all other cases before mentioned, the Supreme Court shall have APPELLATE jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.” —Constitution of the United States of America
Here’s a federal judge who knows the Constitution: “There may well be a 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 the 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, October 29, 2009
I don’t know why you’re addressing me. I never read the crap and lies spewed by you 0thugga toadying suckups.
The Col has definitively demonstrated the entire UCMJ has been reduced to farce.
Admiral Doenitz one of the most honorable officers in Germany during WWII spent many years unlawfully imprisoned due to a Political Show Trial..At that time when America had real Generals and Admirals many of them vociferously and in writing condemed his trial and the findings of guilt.
This ruling demonstrates for everyone to see that our Military Justice System has devolved largely into a series of Political Show Trials, little more than Political Theater.
If as you suggest this is the end of it..
Col Lakin’s Honor remains intact..
That will not be true for any Superior Officer on active duty from any branch who fails to register their objections to this ruling.
W
Before Obama was elected I remember we were all told not to focus on this issue as there were larger fish to fry. Once he was elected then we were still being told not to focus on this issue as there are bigger fish to fry... Now with the power of the Presidency Obama is destroying this great nation and we are still told not to focus on this issue....
Your disrespect of this distinguished member of our armed forces who is willing to put his career on the line in fulfilling what he feels is his duty.... is truly disconcerting.
He will be one of the few military officers that actually took his oath to Protect and Defend the Constitution seriously. Those officers that remain silent on the issue are cowards and traitors.
Article II, Section 2 of the United States Constitution provides the original source of command authority to the President as Commander-in-Chief.
And if Lakin disobeyed an order that came from Obama then he might have a chance. But he didn't, he disobeyed lawful orders from three superior officers. That's what he's being charged with and that's what he'll likely be convicted of.
If I'm out of work and I rob a bank to support my family, is that a justification for my crime? Should the jury consider me innocent just because I wanted to feed my family? Or should the court be concerned with the fact that a bank was robbed?
Therefore, it is HIS job as a military officer to protect the TROOPS WHO CANNOT QUESTION THE ORDERS.
And he can do that in his court martial. But the orders he chose to disobey did not come from Obama, but three other officers. Lakin is certainly welcome to try and prove that the orders from Colonel Roberts and the other two were illegal. But Obama's eligibility is irrelevant to that.
You have been a COLB troll for years now, but to reach this point, you are just grasping at straws to attempt to justify your own bull headed arguments made over time.
In this case all the straw-grasping is coming from Birthers like you.
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