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Judge to Lakin: Find another defense
World Net Daily ^ | Sept. 2, 2010 | Thom Redmond

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: army; birthcertificate; certifigate; eligibility; lakin; military; naturalborncitizen; obama; terrylakin; usurper
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To: colorado tanker
Lakin is throwing away a distinguished career

I am sorry that you feel that way. It is not Lakin's fault, if every court in the land rules, that none have the power or standing to demand a President's potential fraud be brought to light and legal justice.

What if Lakin had succeeded? Would you be the first to call him a hero then?

Lakin is doing what our military is sworn to do, in the only way he had available to do it, in a court of law. The court & judge have failed their duty to Lakin.

241 posted on 09/04/2010 6:56:20 PM PDT by EBH (Our First Right...."it is the Right of the People to alter or to abolish it,")
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To: centurion316

The fact that you believe him to be born in HI shows that you are either extremely gullible, and therefore your opinion is worth squat, or you are duplicitous, and ditto about your opinion.

Thanks for making your position clear.


242 posted on 09/04/2010 7:09:45 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: EBH; colorado tanker
Lakin is doing what our military is sworn to do

Lakin swore to do his duty, which is to treat wounded soldiers in Afghanistan. This, he has patently refused to do.

Those of us who swore likewise and then had to live up to our oaths in circumstances that you cannot imagine take um bridge at his publicity stunt.

243 posted on 09/04/2010 7:13:39 PM PDT by centurion316
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To: Jacquerie
Yeah, I'm responsible for the guy going to prison. I call him every night and provide instructions to his attorney. The person responsible for this mess is sitting in the WH. He can resolve it in 15 minutes, but choses to spend tax payer money to fight disclosure.

This will not be the first time an honorable person goes to jail for principal. Something you clearly do not understand.

244 posted on 09/04/2010 7:35:00 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: Non-Sequitur

It is immoral to kill people when the person who orders you to do so does not have the legitimate authority to do so. If there are fraud allegations against OB, then the allegations apply to his military command. All the more reason for him to disclose so that military can concentrate on executing wars. How many people you think in the military are asking the same question? I’d say 10s of thouands. It takes courage to stand up for a moral position. Something you either don’t understand or think is insignificant.


245 posted on 09/04/2010 7:38:53 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: centurion316
I can’t predict the outcome of his case except that he will be found guilty.

There is a high probability of that, but when you think you know exactly what is going to happen things have a way of going a different way.

which means that he will be ineligible for retirement benefits.

He might lose his retirement benefits, but that is uncertain even if he is found guilty. In my line of work I know of persons who were found guilty of crimes and fired who kept their retirement benefits. Even if he does lose his retirement... he is a capable man with valuable professional knowledge that can be used in civilian life. I doubt whether he will end up destitute in his old age.

His lawyer will be on to his next adventure.

That is how our legal system works. It is possible that Col. Lakin’s lawyer is an honorable man. I personally have met a few lawyers who I thought were great men, but in the end they all turned out to be in it for their own selfish purposes. Everyone one of them has eventually been a huge disappointment. I have personally known some true heros and I don't take the word lightly. Col. Lakin is a hero in my book

246 posted on 09/04/2010 7:44:08 PM PDT by fireman15 (Check your facts before making ignorant statements.)
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To: centurion316
I can’t predict the outcome of his case except that he will be found guilty.

There is a high probability of that, but when you think you know exactly what is going to happen things have a way of going a different way.

which means that he will be ineligible for retirement benefits.

He might lose his retirement benefits, but that is uncertain even if he is found guilty. In my line of work I know of persons who were found guilty of crimes and fired who kept their retirement benefits. Even if he does lose his retirement... he is a capable man with valuable professional knowledge that can be used in civilian life. I doubt whether he will end up destitute in his old age.

His lawyer will be on to his next adventure.

That is how our legal system works. It is possible that Col. Lakin’s lawyer is an honorable man. I personally have met a few lawyers who I thought were great men, but in the end they all turned out to be in it for their own selfish purposes. Everyone one of them has eventually been a huge disappointment. I have personally known some true heros and I don't take the word lightly. Col. Lakin is a hero in my book

247 posted on 09/04/2010 7:44:18 PM PDT by fireman15 (Check your facts before making ignorant statements.)
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To: whence911
It is immoral to kill people when the person who orders you to do so does not have the legitimate authority to do so.

Well, you can't be talking about Obama, since he clearly has this authority. Every effort to claim otherwise has failed utterly.

LTC Lakin, however, was not being sent to Afghanistan to kill people. Quite the contrary, he was being sent to use his medical skills to save the lives and preserve the health of other soldiers. This he has refused to do. Quite a guy.

248 posted on 09/04/2010 7:45:32 PM PDT by centurion316
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To: fireman15
He might lose his retirement benefits, but that is uncertain even if he is found guilty. In my line of work I know of persons who were found guilty of crimes and fired who kept their retirement benefits.

Doesn't work that way in the military. If you are released from active duty without 18 and 1/2 years of active federal service, you get zero, nada, zip. The rules are slightly more complicated in the reserve components, but if you don't make the gate, you are out of Schlitz.

249 posted on 09/04/2010 7:52:46 PM PDT by centurion316
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To: Smokeyblue; butterdezillion; wintertime
Another important point.

Every time this is discussed, every time it makes the news, another 1% of the population say...... “Hummmm. There may just be something to this.”

In addition, never forget what this entire litigation shows us. Under Rule 11 of the Federal Rules of Civil Procedure, an attorney bringing a case where other courts have ruled on the core matter, can be sanctioned for bringing a frivolous matter,

For example if an attorney were to sue the Roman Catholic Church because a hurricane, an “Act of God,” destroyed a client's property, that attorney could be sanctioned by the Court.

If Obama would ever produce the birth cert, it would be all over, but they do not, because they can't!

If Obama ever produced the cert, any lawyer bringing another such case could be fined, suspended or even lose his or her "union card."

Obama’s attack on plaintiff's standing as opposed to the core issue tells us they cannot defend the core issue.

250 posted on 09/04/2010 7:54:00 PM PDT by MindBender26 (Fighting the "con" in Conservatism on FR, since 1998.)
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To: centurion316

Please tell me how Obama was vetted for and met the constitutional qualifications for the office? In fact, never mind. This has been argued here for nearly 2 years. Either you want the fraud allegations refuted by disclosure and a USSC ruling or you don’t. Apparently you don’t and blindly accept his authority. I don’t. There, did we save some time and bandwidth?


251 posted on 09/04/2010 8:14:01 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: centurion316
If you are released from active duty without 18 and 1/2 years of active federal service, you get zero, nada, zip.

You need to look this up. Despite your apperant certainty; you are mistaken. Here is a link: http://www.military.com/benefits/military-pay/veterans-pensions

As I said neither you or I know for certain what the final outcome will be. It is possible that he could get a conviction and still not be forced out. I am certain that he has weighed the risks and knows that there is a strong likelihood that he will lose his retirement. It is very obvious that his actions are not being taken to benefit himself. This has not been as clear in previous cases. It is very easy to see that Col. Lakin is making a stand for his principles, the constitution and for his fellow soldiers. This makes the outcome much more unpredictable than you think.

Despite his soft spoken maneurisms, Col. Lakin may be wielding far more power than you are aware. It has got the appearance of a David vs. Goliath struggle or good vs. evil. Americans, especially Col. Lakin's peers like to side with the good guys. Col. Lakin is wearing the white hat here. I remember you once tried to compare Col. Lakin with Lt. Watada... what a joke.

252 posted on 09/04/2010 8:43:29 PM PDT by fireman15 (Check your facts before making ignorant statements.)
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To: fireman15
Still nasty I see. That's really no way to go through life.

You might have had a point if Col. Lakin had taken this stand for his own benefit. He has taken this action for the greater good, which is something that encompasses a much larger realm than just the legal arguments. I know that this is something completely foreign to a fat headed lawyer.

As I said, perhaps he has chosen to be a martyr. If that's what he wants, why complain that the legal system is functioning properly and thus affording him the chance he wants? If one wants to appeal to something other than legal arguments, it's kind of hypocritical to complain that the legal system isn't welcoming your non-legal arguments with open arms.

It should be an embarrassment to Mr. Obama that he is willing to let a good man suffer over something as simple as releasing his long form birth certificate. When persons other than thick headed lawyers hear about it, those with common sense understand that something is very wrong with the picture.

Obama's campaign released a document that appears to be a legitimate Hawaii record of birth. The state of Hawaii, which has ever legal right to call him on that if it's a fraud, has not done so. Indeed, they have affirmed he was born there for all but the most hard-core conspiracy-minded. Given that, there is no basis for demanding any other documentation. And we both know Obama producing a long-form birth certificate wouldn't end this. You and others like you would simply switch over to the Vattell nonsense, or carry on about Indonesia, or whatever. You are unwilling to be convinced no matter what Obama would do, so why should he waste any time on you? It's not like he made Lakin abandon the commitment to his unit and branch of service that every one else in the military seems to know they should honor. Heck, I honored that commitment in a war when there was a non-ridiculous argument that the whole thing could be illegal.

If it keeps just one blood sucking attorney busy obsessively trying to downplay this issue that this is most definitely a productive endeavor. It is very likely that the Republicans will make some big gains this November. You are as out of touch as Obama and the current Democrat majority if you think that it is only the economy that is responsible.

Actually, I'm part of the get-out-the-vote effort in my area. I still even go door-to-door for the Republicans. Used to do more than that, but I am getting older. What do you do for the cause? Besides heroically being nasty to people you don't even know, that is.

I have come into contact with numerous lawyers over the years. Unfortunately, it seems rare to come across a lawyer who really gives a damn about anyone other than himself or herself. I believe that it was once an honorable profession.

Grow up. It's hard to find people in any field of endeavor who are both truly competent and truly trying to be fair to everyone. And more often than not, they just get ragged on by blowhards with a chip on their shoulder who wouldn't recognize good advice if it came notarized by Jesus Christ himself.

253 posted on 09/04/2010 9:42:54 PM PDT by tired_old_conservative
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To: fireman15; Non-Sequitur
OK, I will try one more time... The punishment for missing a movement could vary greatly depending on the circumstances. The motivation of the defendant in a criminal trial is an important element. Using a real life situation similar to your own example: On my own fire department a firefighter who had been out drinking collided with a motorcyclist who later died. He stayed on scene and tried to help the victim. The firefighter had a history of drinking problems. He appeared remorseful to the court and the victim's friends and family. He was convicted, he lost his job, he received some type of “punishment”, but the only jail time he got was “time served”, which was measured in days not months or years.

Actually, this example supports Non-Sequitur's point. The firefighter was convicted because intent didn't matter in determining guilt (other than the obvious choice of what crime to charge in the first place, given the varying gradations of murder and manslaughter and reckless endangerment). The firefighter's personal issues, previous record, and motivation or lack thereof, were taken into account in the subsequent sentencing. That is normal.

As much as people here want to believe otherwise, Lakin has no legal basis for missing movement. He will be convicted of that. If someone thinks he's heroic, or simply misguided, that's fair game for the sentencing.

254 posted on 09/04/2010 10:02:40 PM PDT by tired_old_conservative
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To: Jacquerie

I stand on my previous comment to you... squared.


255 posted on 09/05/2010 12:07:33 AM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: centurion316
Lakin swore to do his duty, which is to treat wounded soldiers in Afghanistan.

Hmmm....do military doctor's take a different oath? Is his only duty to treat wounded in Afghanistan? That's a pretty narrow scope of duty for someone with such a lengthy career. Or is treating wounded only one aspect of his sworn duty?

256 posted on 09/05/2010 3:52:39 AM PDT by EBH (Our First Right...."it is the Right of the People to alter or to abolish it,")
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To: whence911
It is immoral to kill people when the person who orders you to do so does not have the legitimate authority to do so.

Is it immoral to kill people when the war itself is illegal? If so, do you agree with the positions of Yolanda Huet-Vaughan and Ehren Watada, and do you agree that both their court martials were a travesty of justice, and in both their trials the government should have been forced to prove that the war was legal?

257 posted on 09/05/2010 5:25:51 AM PDT by Non-Sequitur
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To: EBH

That duty was inherent in the position he was was ordered to fill in the 1st Squadron, 33d Cavalry, then deploying to Afghanistan. His message was: “Do my job? No, I’ll become a political martyr so that clueless twits will call me hero.” Some of us know better, and if you had been paying attention, so would you.


258 posted on 09/05/2010 5:57:57 AM PDT by centurion316
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To: fireman15

Sorry nice try, but you are looking at the wrong stuff. The page that you sent me to describes the VA pension system which is an entirely different kettle of fish and is designed to provide for disabled veterans. The military retirement system is for career soldiers who complete 20 years of active federal service. Since you don’t know much about the military, you need to be careful with what you say in this regard. I will do likewise with my limited knowledge of Firefighters.

I don’t recall comparing Lakin with Watada. I have compared him with Huet-Vaughan, New, and Walmer. Lakin’s duty is to be treating wounded soldiers in Afghanistan. This he has refused to do in favor of playing little political reindeer games. I don’t have much respect for someone who chooses to do that.


259 posted on 09/05/2010 6:13:10 AM PDT by centurion316
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To: whence911

We all know the flaws in the certification process as it played out in each state. But, not a single secretary of state, state election official, state party organization, or opposing candidate challenged the Democrat Party’s certification documents. No challenge was made prior to the voting by the Electoral College. The Congress accepted those votes and delivered the result to the Vice President who declared the winner. The winner was sworn into office by the Chief Justice of the Supreme Court. Notice that no where in this process was Whence911 consulted. That’s not required.

Have you noticed that some 73 legal challenges in the past two years have gone nowhere - dismissed out of hand? Zero have succeeded to date. Are you detecting a pattern here?

Fight this one on the political battlefield and also pursue a legal fix to the ballot certification process. That might go somewhere, your fact-free assertions won’t.


260 posted on 09/05/2010 6:24:09 AM PDT by centurion316
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