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.

[NOVACPA]

The Founders clearly were not thinking of themselves or others as being “subjects” of any kind.

It should be noted this allegiance due under England’s common law and American law are of two different species.
Under the English common law, one owed a personal allegiance to the King as an individual upon birth. Under the American system there was no one individual ruler to owe a personal allegiance to. Hence, the considerable difference between the terms “citizen” and “subject”.

Perpetual allegiance to a ruler (i.e., being a subject) was dismissed in an outright manner.

This is precisely why the 14th Amendment prevents one from defining “natural born citizen” under common law.

One being born “subject to the jurisdiction” of the United States is not a condition required under the common law.

Legislatively, the definition of “subject to the jurisdiction thereof” was defined as “not owing allegiance to anybody else.” This is far from physical location alone.

Further, in roughly 1800, Pickney explained the Presidential eligibility clause this way: “to insure attachment to the country.”

As I have posted previously, I consider “natural born citizen” to be a unique conmbination of citizenship and allegiance.

Bingham also explained earlier that to be born within the allegiance of the United States the parents, or more precisely, the father, must not owe allegiance to another, as the U.S. abandoned the concept of England’s “natural allegiance”.

[edge919]

The Supreme Court did not say English common law controls American law, but that it provided the Founders with a common vocabulary as they wrote legal phrases into the Constitution.

Yet nowhere in the ruling where you play connect-the-dots does it say that natural born citizen and natural born subject are the same nor interchangeable.

Also, the Supreme Court REJECTED the idea that English COMMON LAW supported someone being born overseas as being a NBS, or even a subject. See Section 4 in WKA.

You need to support this with a citation. What I see says "all children born out of the ligeance of the Crown of England whose fathers were or shall be natural-born subjects of the Crown of England, or of Great Britain, at the time of the birth of such children respectively . . . . shall be deemed, adjudged and taken to be natural-born subjects of this kingdom, to all intents, constructions and purposes whatsoever." This, as well as the British Nationality Act of 1948 makes Obama a natural born subject. The 14th amendment MIGHT make Obama a citizen of the United States and a dual citizen, but nothing in WKA suggests that it would make Obama a natural born citizen. Nothing.

[El Sordo]

How many examples do you want?

[danamco]

After November, I want a full investigation.

By who and where???

[Non-Sequitur]

So I'm no longer the guy who would watch Obama burn the Constitution, piss on the ashes, and then help hang anyone who objected? What a change of heart.

For the record I have no love for Obama. I didn't vote for him and look forward to the when he's out of office so we can begin picking up the pieces. But Lakin is wrong on this. I won't fault his motivation but I can't support the manner he chose in implementing it. He does deserve what he gets.

[butterdezillion]

Right. Shortly after he hired a clerk from the law firm that had been representing Obama.

I can’t help but wonder if that was a blatant act to give a legal reason for his ruling to be appealed at a later time. Kind of like Cheney’s refusal to ask the required legal question.

[NOVACPA]

Correct, and if one really wishes to push the envelope here, it should be noted that under common law, children born of parents of mixed races the offspring follows the condition of the father.

Under common law that Mr. Rogers says is the common law of this country, and nothing has changed since Wong Kim Ark in the year 1898, Obama is not a citizen because he was born to a black father and a white mother. Under common law his citizenship is that of the father.

Since the 14th amendment merely reaffirmed the common law under Wong Kim Ark, Obama can not be a citizen of the United States.

Are we sure we want to continue treating Wong Kim Ark as controlling law here?

[danamco]

What happened to “Moe” who beheaded his wife here in the U.S. Media cover up???

[butterdezillion]

Those words may well be God telling me to get back to some pressing stuff I have to get done today, rather than keeping on with this. lol. Consider yourself a prophet today. =) (And Lord, give me the willpower to obey.)

Maybe God is the one putting viruses on my computer. lol. Except He knows me better than that; He knows I need a boot in the butt sometimes. Usually in the form of one of my kids needing me - kind of a happy way to get booted. lol

[danamco]

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.

WOW, a Republican controlled Florida legislature. Did I read that right, huh???

This qualify you as another candidate to receive the FReeper's "Cod-fish award"!!!

[PA-RIVER]

I think you need to reread my last post. Your still the man.

Some of us find it so distasteful to serve an Indonesian president, we refuse to swallow the crap he dishes out. Lakin is just one of them.

My son is 18, and I have forbidden him to join the Army under this Indonesian president. He can join after we get an American in the office. I guess Mr. Lakin and I just feel the same way. Since you have no hard feelings toward Mr. Lakin, You can wish him well, here, publicly if you like. Go ahead, give it a try. You can Thank him for his 18 years of outstanding service.

[tired_old_conservative]

I see that dead horse has come into another serious round of beating.

The sad thing about this is that nobody with any comprehension of the law expected The U.S. Army Court of Criminal Appeals to do anything but summarily deny this writ. For simply pointing out that obvious fact, we were subjected to the usual ravings and tedious, sophmoric attempts at wit. And, as happens every single time, when the obvious unfolded exactly as predicted, there's never a shred of actual thought as to why that might be. The U.S. Army Court of Criminal Appeals simply joins the ever-expanding list of “traitors.”

[tired_old_conservative]

I absolutely thank LTC Lakin for his 18 years of service. No problem with that at all.

I can't, however, thank him for violating the law and letting down the team he was supposed to deploy with. There will, and should be, consequences for that.

And just for the record, when one joins the armed services, one is not serving the President. One is serving the American people. That is an honorable thing to do under any circumstances.

[STARWISE]

Dont waste the keystrokes on this guy. He could watch Obama go to Philadelphia and burn an original copy of the constitution and piss on the ashes, and then report to Obama for duty the next day to hang any soldier that objected.

***

No, I’d stick around here so I could laugh at you some more

~~~~

Think about just how sick and perverted that statement
is, and in the midst of some of the most horrificly
dangerous security, economic and national stability
risks this nation’s ever faced everywhere you look, and
purposely at the hands of this despot.

That comment stands as an illustration of an extreme
poverty of character and integrity, and a reprehensibly
contemptuous disregard for love and loyalty to country,
especially in times of war and all the crises we now face.

I thank, support, pray daily for, and honor our intrepid
troops, but I truly could care less that you say you served
in the military after seeing that vile statement, and I
have never said that before about any military service
member I know or know of.

You’ve shown your totally repugnant stripes, repeatedly,
and that you don’t measure up to FR’s standards set forth
by the owner of this site, the #1 conservative site on the
web. No .. you bring shame to it.

I would hope that, for as long as you’re allowed to ‘stick
around,’ folks will start to ignore you and your baiting
and hateful sarcastic and combative comments, which bring
no light to the issue, and deny you the obviously twisted
pleasure you seem to derive from the gaming. It’s a fool’s
game.

Dear Lord, bless and protect our brave troops, and save
this great nation.

[danamco]

Thank you for posting this. Every time I have referred to the Honduras action, I’ve been met with the argument that U.S. is NOT a banana republic, but a nation of LAW(?) by the same Benedict Arnolds ‘defectors” eagerly trying to keep their dear fuehrer in “office”(?)!

They are trying their best to sweep the NBC issue under the rug by spamming you and me and other FReepers asking the Constitution to be followed, including Lt.Col. Terry Lakin, their former collegues who they gleefully will sacrifice to further their own agenda from DOJ Holder and up!!

This issue is NOT going to go away!!!

http://www.meetup.com/WeSurroundThemGathering/messages/boards/thread/9493948

http://www.washingtontimes.com/news/2010/jul/22/the-case-for-impeachment-142967590/

[Regulator]

Still don't get it, do ya, Rodgers?

The judge evaded the issue on purpose. Because he knew he wouldn't be able to dump Keyes for lack of standing. So he picked something else to hang his hat on. It's a tacit admission that Keyes would win.

Good little government employees that you all are, you don't want to provoke your masters. So you close ranks, and use every evasive tactic in the book. This is one of them. The judges are corrupt, just like all the other bureaucrats. Think Susie Bolton is just an idealistic champion of civil rights? Or an ambitious little skank looking for a nice promotion after the dust settles?

Mr. Obama used the courts to disqualify people that he ran against in Illinois. For much, much less serious issues. So he and his gang bangers know the game. They spent millions running interference on this problem. They still are. But they know that with the mindset of the government people - "what we say is law, screw what's on the books" - they can get over.

And they did. And guys like you are still out here, running cover for them.

Good Boy. Your check's in the mail.

[danamco]

You have a few more ex. military defectors, especially one who showed himself in combat gear, however, he never took off his knee-pads, hmmm!!!

[CanaGuy]

Thanks for telling me about Butterdezillion's blog, everything about her is now completely clear. Here are some quotes from this paranoid "Christian mother of four". She fits the profile of a conspiracy nut perfectly:

"very likely that they knew to do it because they’ve been monitoring my communications on blogs and e-mail. They know I’m on the right track. They know I know what could reveal Obama’s crimes. June 24, 2010 at 11:06 pm

"The outcomes are in God’s hands. If it’s time for this world to end, it will end – and it will be for the best that it ends. Since I don’t know what time it is I’ll keep playing as though there’s still some time, but I can’t help but feel an urgency because things are moving so fast and all the foundations besides the Lord seem to be shaking and falling. June 24, 2010 at 11:06 pm

"there is a groundswell of people who now know they are not alone and that despite all the attempts at controlling our minds, people inherently know when something is not right, it is part of our psyche. June 26, 2010 at 2:34 pm

"The more we can neuter their interference in our communications, the better. June 26, 2010 at 2:43 pm

"And all this while the media actively forges documents and lies about everything, June 26, 2010 at 1:59 pm

"For the last several months my computer won’t let me download what I need to be able to watch Youtube. June 26, 2010 at 1:40 pm.

"There’s a virus on my computer that’s been doing all kinds of crazy stuff October 15, 2010 at 4:42 am

Well, LJ, I wonder who's crazier, the virus, or her?

[danamco]

Right. Shortly after he hired a clerk from the law firm that had been representing Obama.

You only need to go back to post 450 and see the blatant lie this defector (Benedict Arnold) display to keep their dear fuehrer in office at any cost!

But he is NOT alone here!!

They must use the paper of the Constitution in their bathroom, the way they are sacrificing a former fellow soldier. I'm soooo glad they no longer in active duty, because they cannot be trusted to cover your back on the battle fields!!!

[Las Vegas Ron]

Bravo!! Standing and cheering!!!

Your post applies to a few othere here I might add...and they know who they are.