Posted on 11/30/2010 11:42:20 PM PST by rxsid
"Lakin not allowed witnesses, documents, explanation at court-martial Dec. 14!
Lakin Family Attempts to Avoid Confrontation Ignored by Obama
Letters obtained by The Gazette reveal the extent to which a decorated Army officer and his brother struggled to resolve concerns over the President’s eligibility prior to the officer being court-martialed.
The Lakins are long-time Greeley residents. Three Lakin brothers; Dr. Greg Lakin, Capt. Gary Lakin USCG and Lt. Col. Terrance Lakin graduated from University High School in 1977, 1980 and 1983 respectively. The brothers' parents still live in Greeley and have a long history of supporting humanitarian causes in the area.
Lt. Col. Lakin is currently scheduled to be court-martialed Dec. 14 for disobeying orders to deploy after exhausting numerous attempts to resolve issues regarding the President’s eligibility to be Commander-in-Chief. The specific issue involved is the Constitutional requirement that the President be a natural born citizen.
Dr. Greg Lakin has previously been a member of the Greeley Police Department and was a prosecutor in Hawaii. Greg, who was interviewed on the Peter Boyles radio show on Nov. 9, said Lakin, “mulled over this for a long period of time” before he made his decision to refuse to deploy to Afghanistan. He strongly disputed the contention that his brother was a coward for deploying, noting Terry had already served in both Bosnia and Afghanistan.
...
In an interview with the Gazette, Dr. Lakin shared copies of letters he and his brother sent to the President and Hawaiian Governor Linda Lingle asking for a resolution of this issue. Greg said the letters were written with a very humble spirit in an attempt to seek information verifying Barack Obama’s birthplace.
...
Lt. Col. Lakin sent a letter to the President prior to being charged saying, as part of the deployment orders, he was required to submit his long form birth certificate and he was “glad to obey this order, and will provide a certified copy of my original birth certificate with common, standard identifiers, including the name of an attending physician and a hospital.” He said he “attempted through my chain of command for many months to get answers to the relentless questions surrounding your eligibility, but was informed that I lack standing. I also sought answers, unsuccessfully, through my Congressional delegation.” He went on to explain the reason for his request had nothing to do with personal differences. “Please assure the American people that you are indeed constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct service members into harm's way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but want to do so with the knowledge and peace of mind that this important provision of our Constitution is respected and obeyed.”
Dr. Lakin, in his first letter to the president prior to his brother’s arraignment, implored Obama to put the matter to rest stressing his brother tried to resolve the matter through proper channels but was rebuffed. “Approximately 20 months ago while continuing to serve in the Army he attempted to seek clarification regarding your birth certificate through proper military channels. Lt. Col. Lakin filed his requests through the normal chain of command (as the military advised) but continued to meet with frustration as the Army was unable to provide any clarification with regard to your place of birth. He believes this raises a Constitutional issue, a Constitution which he has sworn to uphold.” He stresses that his brother would gladly deploy in an instant once his questions have been answered, saying Terry “remains ready and willing to continue to serve his country in areas of conflict - as he has done in Afghanistan and Bosnia. I believe that upon meeting with my idealistic and principled brother you would find him professional, compassionate and worth helping.” Dr. Lakin even suggested a way to defuse the situation saying that “a meeting with him or our family, whether you chose to do this in private or public setting, would likely defuse this matter.”
He also sent a letter to Hawaiian Governor Linda Lingle who he met several times while he was a prosecuting attorney in Maui County. He told her that “a short meeting or phone with him or family (whether done privately or publicly - your choice), would completely defuse this matter.”
...
Dr. Lakin sent another letter to the President after the initial court-martial date was set. In the letter Greg told the president he was a supporter who was pleased to see him elected in 2008. He reiterated that Terry made this decision only after other options had been exhausted. “It is a shame that no one above him in the military ranks and no one in Congress, who represents him, could address his concerns so that he could have avoided the prospect of such an enormous penalty for staying faithful to the oath he swore as an officer.” He went on to say that Col. Lakin was far from alone in his concerns saying, “Many others in uniform share this concern and have conveyed their support to my brother.”
Showing he understands the divisiveness the issue has caused, he told the President, “We should use all means necessary to avoid an escalated controversy this fall when his court-martial is scheduled. There is much strife and tension in this nation now and this would not be healthy or productive.” Emphasizing the desire to find a resolution of the eligibility issue once and for all so the matter could be put to rest, Lakin said, “My family stands ready to provide any further information you might need and to offer our assistance to try to broker any compromise or negotiation that might be acceptable to all parties. We are deeply distressed over this situation, and do not believe that Terry deserves to be imprisoned simply for seeking assurances that he is following legal orders.”
Greg stated that he has not received any response to his letters and is concerned the Army will simply take the easy way out by avoiding the issue and simply lock up his brother. He said based on his experience as a prosecutor in situations like this where there is no case law, “Judges go in with a pre-determined idea how they are going to decide it and take case law and policy statements to say whatever they want. There is no magic law that supports either position.”
Greg said if his brother is not allowed to present evidence on his behalf and is convicted he would be forced to leave his practice to advocate for his brother saying, “My reluctant but determined response would be to forego my busy medical practice treating drug addicts and elderly patients to organize a public outcry for America’s new military political prisoner.”
As the issue drags on, more members of the media appear to be mentioning the issue. Conan O’Brien joked about the President being ineligible in one of his monologues. Rush Limbaugh, who has previously made comments regarding Obama’s birth certificate, said last week, “We have an imposter for all intents and purposes serving in the White House.”
Saturday Night Live has also mentioned the issue with an opening skit having Sen. Harry Reid asking the President to produce his birth certificate. ABC News Jake Tapper questioned White House Security Advisor David Axelrod’s statement that the President has released his birth certificate asking specifically about the long form containing the name and signature of the attending physician."
From: http://www.greeleygazette.com/press/?p=6890
Because you say he is? Thanks for clearing that up for us.
The only reason Lakin was given these orders was because somebody who is not allowed by the Constitution to exercise the presidential powers pretended that he was authorized when in reality the Constitution and SJ Res 23 could only allow Joe Biden.
So is it your contention that every order given and every transfer authorized by every branch of service has been illegal?
I only found out yesterday that the Hollister case was denied because Robertson claimed that not enough was at stake. To make the challenge Hollister made, $500 of property or obligations had to be at stake. Robertson ignored the fact that obligations count in that tally, which means that Hollister’s salary if called to duty on Ready Reserve would make a large enough claim.
Had you bothered to read Judge Robertson's memorandum you would see that Judge Robertson said no such thing. The first paragraph says it all:
"This case, it it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life teh case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end."
Lakin’s brigade commanders clearly acted beyond their authority if Joe Biden is the only person the Constitution allows to “act as President”.
By ordering him to report to his office?????
I think we can agree that the point 2 and point 3 were accomplished - the orders were given and they were related to Lakin's military duty. That leaves point 1. Why were Colonel Roberts, Colonel McHugh, and Lieutenant Colonel Roberts not authorized by applicable law to issue the orders Lakin was given?
As a citizen LTC Lankin has the Right to know that the President is eligible, as a Commissioned Officer he has both the [Judicial] Standing (by virtue of the president being the commander-in-chief) and the Responsibility to ensure that the President is eligible ( the Officer’s oath is to the Constitution and makes no mention of the President at allhttp://www.history.army.mil/faq/oaths.htm ).
{Relevant to point 1.}
Irrelevant since the orders were not issued by Obama.
So, if Obama is ineligible to hold the position of President then point #1 is, by definition, being violated and the orders are themselves illegal. {Item #2 on the following citation. — Note: also that there is no “presumed to be illegal” therein, the orders ARE legal or they ARE NOT; any failure to ascertain the truth of the validity of those orders by the officers of this court-martial is exactly violating item #3: “derelict in the performance of his duties.”}
Amusing, but wrong. The authority to issue orders does not come from Obama but from authority granted by various laws and regulations passed by Congress.
1. Our President is a deceitful lying scumbag. We ask for birth documents and he dodges the request, claiming he has provided them. He hasn't. We all know that.
2. Our Constitution has birth requirements for the presidency, and our president refuse to release all birth documents. He consistently shows contempt for the constitution and the people.
3. We have a Constitution that requires that the president respect the constitution in order to show respect for the people. He doesn't. He's a complete scumbag, unworthy of any reciprocating respect that might be due to him.
4. To summarize, our President is a lying deceitful POS who has no respect for the People of the United states.
Yes Seq, Mr. Lakin will be hung by Obmas jury. Go celebrate the scumbags victory with some champagne. Savor the taste.
Let’s hope that the judges are that wise.
Violating the law has its consequences, and Mr. Lakin is no more above the law than they were.
Mr. Lakin will be in jail and his president will still be a man who has held foreign citizenships. His president will still be a scumbag who hates America.
And yet you're still here promoting your notion of a racially pure White House.
“It is possible the Founders limited the President to the descendents of the White Europeans who formed the country.”
http://www.freerepublic.com/focus/bloggers/2620065/posts?page=26#26
From the Home page of Free Republic...
"...refrain from posting personal attacks, profanity, vulgarity, threats, racial or religious bigotry..."
Is Allen West lacking the proper amount of "White European" for a presidential run?
WHAT law or regulation was passed by Congress that would give Lakin’s brigade commanders authority - at 8:30 this morning - to lawfully order Lakin to report to X in order to deploy to Iran for combat operations?
Cite your sources.
This has nothing to do with WHITE EUROPEAN. It has to do with natural born US citizenship. And yes, Allen West is a natural born US citizen - which goes to show this has nothing to do with race, but with citizenship.
>Amusing, but wrong. The authority to issue orders does not come from Obama but from authority granted by various laws and regulations passed by Congress.
Really?
Then please show me where Congress either a) issued [military] orders to action, or b) authorized any person other than the president to exercise complete command over the armed forces.
This is a case where, perhaps it would be easier to argue were it brought up under the navy. A captain is responsible for the actions of his crew, an admiral the actions of his ships, and the president the actions of his admirals.
Obama doesn’t have a legally valid US birth certificate. His age can not even be legally determined at this point without a procedure where his amended/altered BC is presented as evidence to a judicial or administrative person or body. How then could he have “qualified” by Jan 20, 2009? We don’t even know if he’s old enough to be POTUS.
The 20th Amendment says that if the President elect has “failed to qualify” by Jan 20th the Vice President elect is to “act as President”.
Robertson knows that Obama has failed to qualify. Otherwise, he would have brought this issue genuinely to an end by hearing the case on its merits and deciding that Obama rather than Biden has the Constitutional authority to act as President/CINC. That’s the only way this could be brought to an end. It makes no sense for him to say it should be brought to an end and then do the very things that would ensure that the case could/would be appealed and continue on. Either Robertson is incredibly stupid, or he’s trying to allow the issue to stay alive (which makes his claims otherwise a farce), or both. My bet is both.
>And yet you’re still here promoting your notion of a racially pure White House.
>
>“It is possible the Founders limited the President to the descendents of the White Europeans who formed the country.”
Read this:
http://en.wikipedia.org/wiki/Dred_Scott_v._Sandford
Pay close attention to the first sentence.
Pardon my french but that ruling by Robertson is the most steaming pile of bullshit I have read in a long time - even exceeding the putrid stench of what is commonly posted here.
His claim that Obama’s “native born citizenship” (not natural born, so he’s not even lawfully accurate in his terminology) was already determined satisfactorally by the voters who Twittered and massaged the issue. This totally ignores the 20th Amendment which acknowledges that even after electoral certification, a “President elect” or “Vice President elect” can STILL “fail to qualify”. His argument relies on no legal basis whatsoever. He doesn’t claim the certification of the electoral vote. He doesn’t claim the Constitution. He uses no legal basis for saying Obama’s eligibility has ever been legally determined.
He impugnes the character of both Berg and Hemenway based on no evidence whatsoever, saying their only motive could be to harass - which I would consider libel on his part.
As was pointed out to me by American Victory, Robertson claims that Hollister’s case doesn’t involve the monetary stake required by interpleader - ignoring that not only are Hollister’s peace of mind and time at stake if he would be called up to serve, but his salary as well - which easily meets the monetary requirement that Robertson cites.
IOW, Robertson implies that the courts are useless since we already have Twitter, doesn’t even bother to look at the legal requirements for ensuring Presidential eligibility (certification of the electoral vote and “qualifying” as mentioned in the 20th Amendment), is so ignorant of the actual legal bases that he uses the wrong terminology (native born), ignores the interpleader statute which allows for “obligations” (such as salaries) to be included in the monetary value required to be at stake, and then - based on his own ignorance or willful evasion of the Constitution (Article II and 20th Amendment), electoral certification statute, and interpleader statute - he says the ONLY REASON Hemenway would file suit is because he is involved in a conspiracy with Berg to harass Obama.
Judge Robertson is a conspiracy theorist who knows less about law than my 10-year-old daughter. Either that, or he is deliberately denying due process to Hollister.
Given that Robertson is one of Clinton’s “Magnificent Seven”, which held secret monthly meetings that excluded judges that were not pro-Clinton and which violated the random assignment of cases in order to assign to that group of Clinton appointees all the cases involving Clinton’s friends (none of which recused themselves for conflict of interest, I might add, which is an ethics breach)... I already know the guy is a political hack who uses the bench to protect criminals. The “Magnificent Seven” had to be overturned every time they did this political crap for Clinton’s buddies.
When I read his writing I see he’s not even a good liar. Just to make sure it stinks to high heaven he threw in a little libel against the plaintiff of not only this case but of Berg’s case and the motives he ASSumed Berg had (which are none of his business, and constitute extra-judicial considerations on his part as well, which is unethical).
If this is the kind of crap you ingest and value, NS, then it’s no wonder there’s crap coming out of your mouth. We are what we eat, and as I said at the beginning, this is the most putrid pile of crap I’ve read in a very long time - on every level.
Also, I have linked to Lakin’s orders, which are clearly orders to deploy, beginning by reporting to KY. His orders to move are the first step in the deployment process and were never given independently of the deployment order. You asked me to show you that and I did. Now you ignore what I showed you.
I also linked to the charges against Lakin - which clearly state that his movement orders were part of his deployment in support of Afghanistan combat operations. The very charges against Lakin acknowledge this wasn’t just an independent order to report to an office. This was a Temporary Change of Station from Walter Reed to Afghanistan.
So where did Congress give Lakin’s brigade commanders the authority to deploy Lakin to the equivalent of Iran? Congressional authorization is what Lind and all the anti-Lakin folks here keep saying determines the lawfulness of Lakin’s orders. So give us the citation already. Show me where the authority to use force is given to brigade commanders acting independently of “the President”.
I’ve asked this same question on multiple threads, in multiple ways, to multiple people, and there’s one thing that remains constant - having arrived at climax, the “great legal thinkers” all withdraw and leave the act unfinished because they refuse to inject the lynchpin of their argument: the actual law or regulation which authorizes brigade commanders to use force independently of “the President”.
This is too serious to mess with. If we’re not gonna finish the act let’s not even bother to go there.
If you go to http://www.freerepublic.com/focus/f-news/2636248/posts and start at post 25, you can see the discussion between American Victory and me, where AV explained what Robertson was claiming in his ruling and why it is wrong. I was clueless about that case until he explained it to me.
So, let me get this straight, Butterdezillion: you're saying that their 'great legal thinking' is what this song is to Spanish? [And to love songs, for that matter....]
A number of threads on FR have cited references in the Congressional record to statements by the principal framers of the Fourteenth Amendment in which they make clear that the Amendment does not effect the presidential eligibility requirement.
So I have read. I’m sure that will be brought up when the courts consider that issue. When do you think that will occur?
Artile 1, Section 8 of the Unied States Constitution as enacted through Article 10 of the United States Code and Army Service Regulations provides an unbroken legal chain flowing down to give Lakin’s brigade commander the authority to issue orders to Lakin.
In this silly example, Lakin would be obligated to show up at his brigade commander's office as ordered. If told to go to location X, as long as location X is a legal destination that is not nonsensical, he would also be obligated to do so. If told to invade Iran, Lakin’s best option would be to ask to hear that again, then keep quiet until he has exited the brigade commander's office. At that point, a quick check would reveal that United States is not at war with Iran, Lakin would report having received an illegal order, and the Army legal system would back him up. The bridgade commander's career would be over.
Hypothetical examples requiring mental instability on the part of the brigade commander are not particularly illuminating. And no, the fact that you personally believe Obama is not eligible to be the President does not trump the fact that we are at war in Afghanistan, or that the Defense Department has full legal authority to order deployments to that country per Article 1, Section 8 of the United States Constitution and Article 10 of the United States Code.
And for your consideration, it is quite possible that U.S. service personnel have been ordered to Iran for intelligence operations. Those orders are also legal. But Lakin would be well within his rights to refuse to invade Iran all by himself. It's a pretty big country and he is just one doctor.
I’ll respond here to the question you posed on another thread.
What you conjecture is indeed the heart of the issue. Succinct and to the point, it illustrates the quandary we face.
You went by me too fast. What difference is there if a single man could refuse to invade by the order and if that man was one of several or many and refused to invade by the order?
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