LTC Lakin's Appeal Denied

U.S. Army Court of Criminal Appeals ^ | 10/12/10 | Clerk of the Court

[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.

[PA-RIVER]

I remember a man cutting his wife's head off in Brentwood CA. Jury conviction was a slam dunk ... until they let him off. Jurys have a way of saying FU when they think they see an injustice. Dont they?

[STARWISE]

Extremely old and useless news ... jeeesh.

I notice you haven’t responded to my earlier post:

http://www.freerepublic.com/focus/bloggers/2599850/posts?page=193#193

[mlo]

"I asked that question of somebody else: if the courts had refused to take up Bush v Gore on the merits how would that election have ended?"

Had the courts refused to take up Bush vs. Gore, the Republican controlled Florida legislature was prepared to step in and and appoint the electors directly, since the US Constitution gives the power of selecting the electors to the state legislatures, not the voters.

This may have led to two competing sets of electors and to a controversy in the Congress when it came time to count them. Then it would have been up to Congress to decide which set to accept, if either. Congress would decide the election.

All of this is provided for in the Constitution, just as the same document provides the procedure for qualifying the President.

The courts are not the final arbiters of every issue. Had the Congress ended up deciding the election, no court could have any say in the matter. It is totally outside of their power.

The same applies to the matter of Obama's qualification. That role is reserved for the electors and the Congress. Even if there were a factual basis for believing Obama isn't eligible (there isn't), Congress has already made its decision. No court can overturn it. Multiple judges have already explained this in their rulings but birthers don't want to hear it. They want to ignore the Constitution because it isn't providing the answer they want now. That's why their mantra of claiming to be Constitutional defenders is sheer hypocrisy.

[Red Steel]

And the fact that Lakin canned his attorney and hired a new one had nothing to do with the date change, right?

Jenson did a fair job to this point, but the new legal team do have the military court experience to carry on, and according to Starwise's post above, the change in lawyers was introduced by Maj. Gen Paul Valley to Lakin. The change in lawyers is also a convenient built in excuse for moving the case down the road a month and a half later. I'm sure Lakin will take the delay though ( delay was part of Jenson's appeal) as the longer this goes on, the better for the Lakin defense team, because the political winds and other discoveries that may happen will get worse for Obama.

[OneWingedShark]

>>The fact that that the order naturally went down thru the chain of command doesn’t change the source .. or does it, in your mind?

Nope. Lakin is not charged with disobeying Obama's orders but the orders of his brigade commander and two other superior officers. The orders were for him to report to the office of his brigade commander and for duty in North Carolina, not Afghanistan. If Obama was unmasked and removed tomorrow that would not change the charges Lakin is facing in the slightest.

STARWISE, I got this one!

MILITARY AUTHORITY

As a noncommissioned officer, you must know what authority you have and where it comes from. You are also expected to use good judgment when exercising your authority.

Authority is defined as the right to direct soldiers to do certain things. Authority is the legitimate power of leaders to direct soldiers or to take action within the scope of their position. Military authority begins with the Constitution, which divides it between Congress and the President. The President, as commander in chief, commands the armed forces, including the Army. The authority from the Commander-in-Chief extends through the chain of command, with the assistance of the NCO support channel, to the squad, section or team leader who then directs and supervises the actions of individual soldiers. When you say, “PFC Lee, you and PFC Johnson start filling sandbags; SPC Garcia and SPC Smith will provide security from that hill,” you are turning into action the orders of the entire chain of command.

Check and mate.

[Red Steel]

I remember a man cutting his wife's head off in Brentwood CA. Jury conviction was a slam dunk ... until they let him off. Jurys have a way of saying FU when they think they see an injustice. Dont they?

Rogers is counting on the injustice and the corruption in Lakin's case to carry the day.

Reminds me of a Star Trek quote where Dr. McCoy said,
"I've found that Evil usually triumphs...unless Good is very, very good (or careful)."

[STARWISE]

Thank you!

[OneWingedShark]

IF “President” Obama is unconstitutionally holding the office of POTUS, I want him to be removed constitutionally.

The Constitution says the following:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Therefore a possible Constitutional solution to the problem is the use of *GASP!* violence.
The Declaration of Independence supports this idea:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

`course there's many people here how think that's a bit much. I disagree with them.

[Danae]

This is good news. Consider this for a moment. Look at what the Judge is doing with these denials. Preventing a man from proving his innocence?

They violate their own rules to do this. Why?

I mean, look at it. The Military Justice System is deliberately, DELIBERATELY trying to avoid being the body to come to this conclusion. It is as obvious as the unemployment line. They do NOT want to be the source which says on anything legal, that Obama is in reality ineligible.

That does NOT look good from a certain perspective. It migh - to the wingnutleft, look like the military was deposing a president. In reality, its the same thing as Honduran Zelaya pulled, only the other branches of government were aware that what he was doing was unconstitutional and that it had to be prevented or they would lose their government. It would have been a Coup if Zelaya had succeeded. Remember that story?

A href>"http://globalvoicesonline.org/2009/06/29/honduras-zelaya-arrested-and-removed-as-president/

The pentagon does not want to be in that position. SCOTUS is going to have to state exactly what "Natural Born Citizen" is, along with "Naturalized", Citizen" "Dual Citizen". Justice Thomas said in a hearing I think, something of a joke.... but I don't think it was. He said something like: "We are avoiding that one". Somehow I don't think he was joking around about that. I think he was serious. Military doesn't want to do this, SCOTUS does not want to decide this. Congress created it, and specific Democrats in Congress created it. Nancy Pelosi, at the VERY least (The state of Hawaii certification BS is what I am referring to here).

I don't like this. The more this freaking serious issue is covered up, and the more the bodies OATH AND DUTY BOUND TO INVESTIGATE IT ARE DUCKING IT, OR CREATED IT the worse it gets in terms of consequences... I hope the politicos and Justices pull their heads out soon... the center isn't going to hold a whole lot longer. Something is gonna give. And that might end up being ugly on a level we don't really want to even consider as possible.

++++++++++++++++++++++++++++++++++++


The day started across Honduras with news that President Mel Zelaya was arrested in his home by armed soldiers. A referendum vote was scheduled for the same day, which was one that was opposed by the Supreme Court, the Armed Forces and the Honduran legislature. Days earlier, Zelaya had removed the head of the Armed Forces, General Romeo Vásquez Velásquez, which was followed by the resignation by other top military officials because they would not support the vote.

It was soon learned that Zelaya had been taken to Costa Rica, where he continued to call himself as the legal head of state. There was also a rumor that Zelaya had resigned. However, the alleged letter turned out to be false notes Juan Carlos Rivera of Miradas de Halcón [es]. The reaction from the blogosphere and twittosphere ranged from calling the situation a coup d'état to those who saw the move as the only way to stop Zelaya's controversial move.

Photo by Roberto Brevé and used under a Creative Commons license. http://www.flickr.com/photos/breve/3668996322/

There have been power outages in the capital city, as reported by Honduras Daily News, which speculates that it is an “attempt to limit the passing of information.” However, information is currently being passed through social networking sites like Twitter and Blipea, which were very active throughout the day.

A supporter of Zelaya, Hibueras [es] wrote:

Manuel Zelaya fue detenido y sometido por la furza bruta de la jauria criminal de nuestra historia esclavista para evitar que el pueblo hondureño posea el poder de inclusion y de construccion de su patria, los responsables de tan ignomioso acto son todos conocidos y pagaran caro su abuso.

Llegó la hora de buscar por otros medios, lo que se nos niega por la paz, y los responsables seran jusgados por sus actos de traicion a la patria.

Manuel Zelaya was arrested and subjected to brute force by a criminal element that has enslaved the Honduran people, in order to prevent the people from obtaining power for the sake of inclusion and the construction of their homeland, those responsible for such a disgraceful act are well-known and they will pay for their abuses.

It is time to search by other means, those things which we are denied through peaceful means, and those responsible for their acts of treason will be judged.

Supporter of President Mel Zelaya by Roberto Brevé and used under a Creative Commons license. http://www.flickr.com/photos/breve/3668437385/

Later in the day, Congress voted to remove Zelaya as president and installed Roberto Micheletti, who had been president of the legislative body. Soon after, he announced that new elections would be held as scheduled in November. However, the installation of Micheletti as acting president has drawn the criticism from many of Honduras' closest allies, especially from Venezuela, who has threatened military action if any of its diplomats in Honduras are kidnapped or killed. In addition, President Hugo Chávez has said that the new government led by Micheletti would be defeated.

Some twitterers like Hugo Chinchilla is worried about the statements made by Chávez and take it as a sign that there may be involvement from these allies. He was told “unofficially” that the military is preparing for a possible intervention by Venezuelan and Nicaraguan troops [es].

There are others like Jorge Garcia, who is supporting the military new government and is urging his Twitter followers to provide support to soldiers with food and drink [es]. He also states:

En #honduras no hubo golpe de estado, el estado de derecho continúa, la constitución sigue vigente.

In #honduras there was no coup d'etat, the rule of law continues, the Constitution remains in effect.

Now that much of the world's attention is on Honduras, Wilmer Murillo is worried about being isolated by the international community. He pleads:

que devuelvan a Mel! estamos quedando como retrogradas ante los ojos del mundo.

Give back Mel! We are looking like a backward (country) in front of the eyes of the world.

[STARWISE]

These marxist cretins are playing with fire.
They just might get it.
God bless us all, and God save our precious America!

Just pray .. pray hard .. there are mid-terms, now that
the intel agencies are saying there’s another terrorist
planted here. God forbid an attack, a perfect excuse for
this arrogant socialist tyrant to declare a state of
emergency.

[jamese777]

Right. Take note that “Judge” Lind along with her indefensible ‘judicial rulings’ has moved the trial date from October to November 3rd, and now it set for mid December. She keeps kicking the can down the street. Lind knows her ruling is full of BS.

---

Except for the fact that Judge Lind has moved the court martial dates back at the request of the LtC. Lakin defense team, you’d have a point.

The first change was to allow Lakin’s defense to appeal her ruling on discovery. She granted their request for a delay, they then appealed, and Judge Lind was upheld on appeal.

The second change was to allow Lt.C. Lakin to fire his “birther” attorney and hire a real, competent civilian attorney who needs time to review the case and prepare a legitimate defense or possibly prepare to enter a plea bargain.

[STARWISE]

I do remember that .. and politicians here support
the coup and the loss of liberties to the people!
I just don’t get it. I must be missing something ..
it’s too bizarre.

~~~~~~~~~~

US Lawmakers Used Public Funds To Back Honduras Coup
Posted by Erin Rosa - October 5, 2010

##3

Republican House members used taxpayer money to boost de facto government as it was criminalizing dissent, shutting down media outlets

MUST READ MY OMISSIONS HERE AT THE LINK

However, there’s no denying that those funds—which could make up a small annual salary for one person in the United States—went towards Republican efforts to support a regime that continues to censor opposition media, criminalize dissent, and commit numerous human rights violations in Honduras.

http://narcosphere.narconews.com/notebook/erin-rosa/2010/10/lawmakers-used-public-funds-back-honduras-coup

[OneWingedShark]

>As for the 2nd Amendment, I don’t understand what is so hard to understand about “shall not be infringed.” I don’t care if he is a convicted felon, once he has done his time, he has the right to keep and bear arms. Period.

So you’re for a strict reading of the Constitution regarding the Right to Keep and Bear arms, regardless of what courts are saying; yet opposed to a strict reading of the Constitution in regards to the qualification for the President. Gotcha.

FWIW, I agree with that arms position; an ex-felon, having served his sentence, should have *FULL* rights and privileges restored.

>Very few people agree with me, even in Arizona, where ‘constitutional carry’ doesn’t extend to ex-felons. Nor is there any chance that I could get the courts to agree with me.

I shouldn’t be too sure about that; I live one state over, New Mexico, and our Constitution has two particularly interesting sections:

Art II, Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights,
among which are the rights of enjoying and defending life and liberty, of acquiring,
possessing and protecting property, and of seeking and obtaining safety and happiness.

Art II, Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense,
for lawful hunting and recreational use and for other lawful purposes, but nothing herein
shall be held to permit the carrying of concealed weapons. No municipality or county shall
regulate, in any way, an incident of the right to keep and bear arms.

So, strictly speaking, ANY state law prohibiting any NM Citizen from either owning or carrying a weapon is illegitimate according to the State Constitution. Sadly, the State pays as much attention to the state Constitution as the FedGov does its Constitution; this does not, however, mean that there is no way a court will agree with you.

>If you have spare cash, please give first to Jesse Kelly before spending it filing lawsuits you cannot win.

I have no real cash to spare. Why would you say that I couldn’t win my upcoming lawsuit?
The one law in particular I’m thinking of challenging is NMSA 30-7-2.4, which prohibits firearms on university grounds.
Read this [ http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=6c1804dd.55b72e94.0.0&q=%5BGroup%20%2730-7-2.4%27%5D ] and tell me how that can at all be justified under the above cited Constitutional sections.

Oh, and before I forget, I can also raise about seven kinds of shit with the following law:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241——000-.html

[butterdezillion]

Quote to me the words of the Constitution which give Congress the authority to determine the eligibility of presidential candidates or of the president elect.

[Mr Rogers]

$100 to FreeRepublic, Lakin gets convicted and his appeals leave him convicted.

[Red Steel]

Except for the fact that Judge Lind has moved the court martial dates back at the request of the LtC. Lakin defense team, you’d have a point.

I made that point in post# 384 that Lakin's Defense team wanted to do just that.

Danae does an excellent job of analyzing why the Military are twisting themselves into pretzels to evade and avoid the case as long as possible. You should read it: http://www.freerepublic.com/focus/news/2606951/posts?page=389#389

The first change was to allow Lakin’s defense to appeal her ruling on discovery. She granted their request for a delay, they then appealed, and Judge Lind was upheld on appeal.

The second change was to allow Lt.C. Lakin to fire his “birther” attorney and hire a real, competent civilian attorney who needs time to review the case and prepare a legitimate defense or possibly prepare to enter a plea bargain.

And again I addressed much of this in post 384. And I would not be counting your After-Birther chickens yet as it was Maj. Gen. Paul Valley and The US Patriots Union who introduced Lawyer Puckett to LTC Lakin. I'd say after-Birthers would call them "Birthers". You need to quit getting your talking points from Demo troll blogs.

[Mr Rogers]

“So you’re for a strict reading of the Constitution regarding the Right to Keep and Bear arms, regardless of what courts are saying; yet opposed to a strict reading of the Constitution in regards to the qualification for the President. Gotcha.”

Nope. I’m saying the original intent of the Founders in writing that the President must be a “natural born citizen” is met by Obama if he was born in Hawaii. There is no doubt that under English common law, Obama would qualify as a ‘natural born subject’, and that is the concept the Founders were thinking of when they wrote “natural born citizen”.

Original intent. Not mine, but theirs.

[Red Steel]

I gave you my terms in post in 376.

[Mr Rogers]

Your terms are as obscure as your legal thought. I’m guessing you are saying that after all is said & done, Lakin will be released or pardoned by a Republican President because Obama will be found ineligible to be in office.

If you pay $100 to FreeRepublic if that comes true, and I pay if it does not, then can we double the bet?

[jamese777]

I made that point in post# 384 that Lakin’s Defense team wanted to do just that.

Danae does an excellent job of analyzing why the Military are twisting themselves into pretzels to evade and avoid the case as long as possible. You should read it: http://www.freerepublic.com/focus/news/2606951/posts?page=389#389

And again I addressed much of this in post 384. And I would not be counting your After-Birther chickens yet as it was Maj. Gen. Paul Valley and The US Patriots Union who introduced Lawyer Puckett to LTC Lakin. I’d say after-Birthers would call them “Birthers”. You need to quit getting your talking points from Demo troll blogs.

---

You dishonestly tried to make it appear that Judge Lind was pushing the date of the Lakin Court martial back for her own reasons. I merely pointed out that you weren’t stating facts.

For information on the Lakin Court Martial, I prefer to read the blogs that are set up for discussions among military JAG officers and civilian attorneys who practice in the military courts.
http://www.caaflog.com/
http://court-martial-ucmj.com/ltc-lakin-trial/

Thus far, the military law experts on those two sites haven’t been wrong about any occurence regarding Lieutenant Colonel Lakin.