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LTC Lakin's Appeal Denied
U.S. Army Court of Criminal Appeals ^ | 10/12/10 | Clerk of the Court

Posted on 10/13/2010 3:04:13 PM PDT by BuckeyeTexan

On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.

(Excerpt) Read more at caaflog.com ...


TOPICS: Government; News/Current Events
KEYWORDS: army; birthcertificate; certifigate; corruption; doubleposttexan; eligibility; jamese777; kangaroocourt; lakin; military; naturalborncitizen; obama; terrylakin; trollbuckeyetexan; trollcuriosity; trolljamese777
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To: Mr Rogers
If someone is leading an army of fools, he needs to ask himself why only fools follow him?

This is an excellent characterization of Obama and his gullible legion of faithers.

181 posted on 10/13/2010 8:06:12 PM PDT by edge919
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To: jamese777
A less dramatic answer is to impeach, convict and remove an illegitimate person occupying the office of the president.

Which is a near impossibility when the jury in this situation is as corrupt as the usurper whom they protect.

182 posted on 10/13/2010 8:08:14 PM PDT by edge919
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To: Mr Rogers

>>“When I was in the Army, it was incumbent upon me, the soldier, to provide documentation should it be lost, especially concerning promotions.”
>
>Bull! I spent 25 years in the military, and on any given day or month I couldn’t have PROVED my promotion except for my ID card.

I think you misunderstand me; I was referring to proving you were eligible for the promotion, ie the promotion packed. What did you do when the S1 lost your PT card, or rifle qual, or some other documentation required for your promotion? Slam yourself to the ground and commence banging your head and feet on the ground like a three year old? Or were you required to either a) redo the work [with attainment paperwork] and qualify again, b) submit a personal copy, or c) give up because it didn’t matter all that much anyway?

>And if anyone had challenged my orders on the basis that I wasn’t an officer or had the rank, I would NOT have been expected to show him paperwork to his satisfaction. The burden of proof for his accusation would have to come from him.

And what if he *DID* have the proof? What if it was something as screwed up as a missing signature on a form somewhere?
The massive number of forgeries and oddities surrounding Obama *do* warrant further investigation, IMO.
(Just *how many* SSNs does he have? ... and that’s only one point; several freepers have a good several screen-fulls of such oddities.)

>Otherwise, I’d have the cops take him away.

Hm; what about the private who refuses to let you into a secure area because you’re not on his list of authorized people? Are you going to call the cops on him too?
(In any case he should alert the Sgt of the Guard to your demands for entry.)

>My daughter’s certificate from New Mexico is in the same format as Obama’s, and no one can challenge her birth in the USA based on wanting to see the name of the physician.

*shrug* - I did *NOT* say that all birth-certificates have the attending physician’s signature; just that I am [personally] unfamiliar with any that are such [and that unfamiliarity would prompt my curiosity]. Or do you expect me to be omniscient, knowing all about everything?


183 posted on 10/13/2010 8:08:19 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: 23 Everest; Las Vegas Ron

Shut up. Ron is a good guy and you are being extremely aggressive and rude.


184 posted on 10/13/2010 8:08:30 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: Non-Sequitur
Standing on principle is something few men would dare stand when their career is on the line. It is an easy route to mock the man, and wish him ill behind a curtain of smug arrogance and contempt.

Courage and bravery are almost universally seen as insanity when they are first laid eyes upon, like the 18 year old boy who charges a hill under withering fire while his comrades piss in the trench. He acquires what a coward will never acquire.

Mock him all you wish.

185 posted on 10/13/2010 8:13:44 PM PDT by PA-RIVER
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To: traditional1

“In reality, any document/legislation/Executive Order, or even orders to military as “Commander-in-Chief” should and would be found to be un-enforceable because they were FRAUDULENTLY applied due to an ineligible FRAUDULENT Office Holder, should such documentation come forward and show non-Natural Born and Constitutionally-ineligible having been the Case.”

Wrong. The laws Obama signed will still be laws even if he is found tonight to be a space alien.

No one with standing - a legislature, state official, gov, Congressman, etc - has agreed with you. That is the way the law works sometimes. Not everyone can bring a case in court. Nor are all cases appropriate for a court. Deal with it.


186 posted on 10/13/2010 8:14:00 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Mr Rogers

As long the laws aren’t in full force, they can be challenged. The Supreme Court, IIRC, has said the de facto doctrine does not always protect certain acts.


187 posted on 10/13/2010 8:19:08 PM PDT by edge919
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To: OneWingedShark

“I think you misunderstand me; I was referring to proving you were eligible for the promotion...”

I was not responsible for maintaining that paperwork. The records that went to the promotion board were available for review prior to the board. I suppose if someone had dropped out a school or degree or OPR, I would have contacted the school and had them send the paperwork.

Obama doesn’t have to justify his standing as CINC any more than I had to justify my rank to those beneath me. If someone wanted to disobey orders based on the belief I hadn’t been promoted, it would have been up to him to offer proof - not for me to submit proof for his review.

Lakin is refusing to obey until he is given proof that his commander is qualified, although he has presented no evidence to the contrary. That is unacceptable to the military.

“What if it was something as screwed up as a missing signature on a form somewhere?”

Fine. Produce the evidence. But you haven’t, and neither has Lakin. That makes Lakin the equivalent of a Sgt refusing to obey my orders until I prove to his satisfaction that I didn’t cheat in OTS.

“Hm; what about the private who refuses to let you into a secure area because you’re not on his list of authorized people?”

Then my order is illegal because my rank is irrelevant. The private is obeying orders and regulations, and I am the one who is not. What does that have to do with Lakin & Obama?

“Or do you expect me to be omniscient, knowing all about everything?”

No, but I expect Lakin’s legal council to research it. And I expect Lakin to research it before publicly refusing to obey an order to deploy and treat wounded people.


188 posted on 10/13/2010 8:23:33 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: traditional1
""Being born in Hawaii and over 35 years old makes him qualified."

"Bzzzzzzzzzztttttttttt. Wrong."

Bzzzzzttttt. Back at ya.

"Being born in a state and being of age don't make one a "natural born citizen", no matter what State-Run-Media you listen to."

Afraid it does, no matter what World Nut Daily tells you.

"His parents were NOT U.S. Citizens at the time of his birth..."

Which fact has nothing to do with his status if he was born in the US. The notion that it does is a birther fantasy with no basis in law.

"and his "Certificate of Live Birth" was simply produced by Hawaii at the request of the parent....it doesn't mean he was BORN there at all..."

Wrong again. It is an official Hawaiian birth certifcate that documents his birth in "Honolulu".

"You have NO facts to bring to the table, obviously."

You've been buying into discredited birther fantasies. They aren't facts, they are delusions.

189 posted on 10/13/2010 8:25:16 PM PDT by mlo
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To: edge919

If the laws are challenged, it won’t be on the basis that Obama’s signature wasn’t good enough.

And Obama didn’t sign Lakin’s deployment orders, so his invalid signature wouldn’t be a factor anyways. The war in Afghanistan is part of government policy, backed by the Congress as well as the executive branch.


190 posted on 10/13/2010 8:26:04 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: little jeremiah

may i offer you a moist towelette. crybaby


191 posted on 10/13/2010 8:26:37 PM PDT by 23 Everest (A gun in hand is better than a cop on the phone.)
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To: little jeremiah

may i offer you a moist towelette. crybaby


192 posted on 10/13/2010 8:26:47 PM PDT by 23 Everest (A gun in hand is better than a cop on the phone.)
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To: Mr Rogers

Obama order increases in troop levels. If the orders of Lakin’s immediate superiors were to support Obama’s strategery, then Lakin has a constitutional right to challenge the lawfulness of that order on the basis of Obama’s illegitimacy.


193 posted on 10/13/2010 8:28:09 PM PDT by edge919
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To: traditional1

The marital status of his parents has not been absolutely proven one way or another.


194 posted on 10/13/2010 8:29:01 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: mlo

1) Obama has failed to prove he was born in Hawaii, 2) He claims to be a native-born citizen by virtue of the 14th amendment, which according to Minor v. Happersett and affirmed by Wong Kim Ark, invalidates Obama from being a natural born citizen. If you are not born in the country to PARENTS who are citizens, you are a foreigner or alien, except if naturalized by birth via the 14th amendment.


195 posted on 10/13/2010 8:30:56 PM PDT by edge919
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To: edge919

“If the orders of Lakin’s immediate superiors were to support Obama’s strategery, then Lakin has a constitutional right to challenge the lawfulness of that order on the basis of Obama’s illegitimacy.”

You cannot refuse to obey orders, and then say, “I don’t think he is a real officer/president/NCO/etc!” Not without proof. And even then, the deployment is fully backed by the US government, including Congress.


196 posted on 10/13/2010 8:33:26 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: edge919; mlo

“1) Obama has failed to prove he was born in Hawaii...”

For the purposes of this case, he doesn’t need to prove anything other than that he is accepted by the Congress and the Courts as President.

“2) He claims to be a native-born citizen by virtue of the 14th amendment, which according to Minor v. Happersett and affirmed by Wong Kim Ark, invalidates Obama from being a natural born citizen.”

False. But you go on claiming this, because reason won’t sway you - and you’ll never get inside a court. Those who do will continue to LOSE every time they make this argument - which won’t be often, since the birthers cannot find anyone with standing willing to stand for them.

There are Congressmen who believe Guam can tip over, but not one who believes Obama is ineligible because his father wasn’t a US citizen. Not ONE!

“except if naturalized by birth via the 14th amendment.”

No one is ‘naturalized’ by birth. You are born a citizen, or you are naturalized under laws. Period.


197 posted on 10/13/2010 8:38:14 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: little jeremiah
True.

For all we know, Obamas mother could have been an unknown street walker servicing 1000 men per week, and his Father could have been a Pedophile who raped a 1000 little boys. For some reason he wont allow the documented truth to see the light of day.

198 posted on 10/13/2010 8:44:16 PM PDT by PA-RIVER
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To: centurion316
Lakin plays no role in that drama

Sure he does, junior. Anyone can dispute such things in our Republic, by the operation of the courts.

Right now, a completely legitimate law of the State of Arizona, passed by the legislature and signed by the Governor is in abeyance due to the assertions of people who have nothing to do with it (the ACLU) and no injury to claim from it, much less being compelled to go into a combat zone due to world class Fraud.

All they did was file a lawsuit. Say whatcha want, they got a federal judge to agree with them.

So far, that's about the only defect I can see for Lt. Col. Lakin.

199 posted on 10/13/2010 8:45:02 PM PDT by Regulator (Watch Out! Americans are on the March! America Forever, Mexico Never!)
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To: Mr Rogers
You cannot refuse to obey orders, and then say, “I don’t think he is a real officer/president/NCO/etc!”

Lakin stated his objection PRIOR to refusing to obey orders. Lawfulness of orders, as the UCMJ is written, can be challenged via the authority of the chain of command.

Not without proof.

There IS proof that Obama doesn't fit the Constitutional definition of NBC. The court just doesn't want to allow it to be presented in the court martial, nor does it want to grant Lakin due process for additional discovery.

And even then, the deployment is fully backed by the US government, including Congress.

The backing of Congress doesn't make the authority of command immune from being challenged.

200 posted on 10/13/2010 8:45:20 PM PDT by edge919
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