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
So that corrupt CJ Roberts can toss it out again? Great plan.
“If all military authority for orders originate with the commander-in-chief, and the person claiming to be commander-in-chief is not legitimate, then all subordinate orders are invalid.”
So the military is effectively disbanded?
Everybody go home?
As he has apparently kept a lid on it for over the past two years, he is clearly part of the conspiracy.
It's got a couple of appeals and a few years to go through before Lakin can even think of the Supreme Court ruling.
>>“If all military authority for orders originate with the commander-in-chief, and the person claiming to be commander-in-chief is not legitimate, then all subordinate orders are invalid.”
>
>So the military is effectively disbanded?
In a very real & legal way, yes.
What you’re seeing now is a desperate appeal to positional power/authority:
“We’re your superior officers, so you have to obey our orders!” {Errr... I seem to remember Nuremberg...}*
It’s even in the civilian-side, demonstrated quite well when Nancy Pelosi was asked what *Constitutional* authority the Congress had to mandate healthcare and she laughed asking “are you serious?”.
The question is whether or not the people will be sated with an appeal to illegitimate authority or not.
If they are accepted, then out Republic dies then and there; if they are not accepted, well, then things get interesting.
*The 6th Amendment says this:
In *all* criminal prosecutions, the accused shall enjoy the right to [..] have compulsory process for obtaining witnesses
in his favor [..]
By not allowing witnesses in this trial it is clear that this CANNOT [legitimately] be a criminal trial; furthermore, it reveals that those conducting the trial are NOT concerned with upholding the Constitution. {Violations of the UCMJ (Military Law), which covers insubordination, missing movement, and all the other charges against the LTC are considered crimes under the UCMJ.}
>Everybody go home?
Many people would have a visceral “NO!” reaction, but yes.
It may surprise you, but we did NOT have a regular/professional army until AFTER WWII. Having, and paying for, a professional/regular army encourages its use by those who control it, the added ‘inertia’ of raising an army to overcome by military powers is actually a good way to keep the army from being used abroad unnecessarily (i.e. World Police).
It doesn't seem prudent to assume he has kept a lid on it.
The better view is to conclude he is smart enough to have distributed copies of his material to trustworthy individuals and groups, pending events.
(Note to the Machine: “Ooops”)
Quilty, bang.
Wrong is wrong. Larkin is a hero.
.. Ping!
From the lib military jag site, CAAFlog
^ ^ ^ ^ ^ ^ ^ ^ ^ ^
LTC Lakin voir dire
December 1, 2010
A thought as we get closer to trial. As the Greeley Gazette article
and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind.
Some of that criticism has been harsh and excessive. Other than a statement from LTC Lakin’s lawyer that the judge was right, there has been no public disavowel from LTC Lakin. I don’t know he required to do so, except in an effort to get clemency. But . . . .
Will the new defense counsel voir dire the military judge and challenge her or ask her to recuse herself?
If this is to be a members trial, then I think she can clearly say the right words in response to a voir dire and not recuse herself and not to have been found in error on appeal.
But, what if LTC Lakin elects a judge alone trial? Maybe that’s different (unless it is part of a PTA)? Implied bias can be a reason to challenge a military judge just as much as members.
Remember the Marine case from some years ago, where the SJA got heavily involved in trying to remove the MJ because of her alleged relationship with the defense counsel.
http://court-martial-ucmj.com/lakin-2/ltc-lakin-10/
_____________________________________________
Sidebar:
~~~~~~~~~
Federal Rule of Evidence change
December 1, 2010
An important change to the Federal Rules of Evidence begins today. That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now. This is a significant change requiring the prosecution to corroborate statements against penal interest.
On December 1, 2010, a new amendment to the Federal Rules of Evidence takes effect.
The rule concerns the admission of statements against interest under FRE 804(b)(3) has been amended so that the corroborating circumstances requirement for admission of a declaration against interest applies to statements against penal interest introduced by the government as well as those by the defendant in criminal cases. This requirement previously applied to statements introduced by the defendant.
http://court-martial-ucmj.com/evidence/federal-rule-of-evidence-change/
~~~~~~~~~~~~~~
Prayers for Ltc Lakin, his legal team, and the brave warriors who persevere fighting for truth.
The better view is that if someone has actual evidence, there is nothing to gain from sitting on it.
The longer information sits, the less relevant or effective it becomes.
That’s my understanding of the meaning of Natural Born Citizen as well.
Col. Lakin may well have decided that he would rather sit in jail than follow orders he believes to be invalidly issued. I can’t read his mind, but I assume he has prepared himself for that possible outcome.
I am very disturbed by what is going on in my country . . .
WOW.....you got all that garbage, negated my veteran status, called me everything but an american, over two questions....well, answer the 2 questions I asked...was he ordered to deploy, and did he deploy?... UCMJ ( the military justice system ) says he is guilty, automatically, without excuse.....what do you think of the UCMJ, general??? or is it admiral???? you must be a high ranking military officer to hold such opinions based upon 2 questions.....
pretty good response ( sarcasm on ) Now, please explain to me the meaning of the UCMJ, why it is what it is, and your experience with it.....oh, you do not know, and have no experience with it???? then what the hell are you doing giving your opinion on military judical matters????????
Larkin is a brave hero who is figuratively taking a bullet for his fellow military brothers and sisters. He isn’t a coward who is afraid to deploy. He has proven that time and again.
This man of honor (I don’t think you are able to recognize that) planned and notified his superiors well ahead of deployment that he wanted proof that we have a commander in chief.
What is putting our men and women in danger is having them serve possibly illegal orders.
It would take a simple order to the Hawaii Government to release his “embarrassing” (the judge on the Larkin trial) birth certificate to end all this. Lt. Col. Larkin would have then deployed.
So, who is the coward and the person putting his men in danger? Lt. Col. Larkin or Barack “the yellow spine” Obama?
He faces the charge of disobeying a lawful order.
He is not being allowed to show that the order he was given was not lawful because it is - as the elements of Article 92 say - “contrary to the Constitution”.
Lakin’s due process and equal protection rights are being trampled. This is officially a banana republic.
At this point the only value in coming forward with evidence at all is to 1) help the public realize how untrustworthy Obama and all his enablers are; and 2) to get a criminal investigation of the crimes committed by Obama and his enablers.
SCOTUS is evading this issue. Period. We’re not going to get justice out of them. My theory is that Soros has told them he will collapse the world economy if they make a right decision. Seems like the retired military folks who provided Lakin with counsel who is just going to drop the eligibility issue rather than get a bad precedent from compromised judges might possibly be thinking the same kind of thing. Obviously they don’t think that either the military or the civilian appeals process can be trusted to give a right decision on eligibility, and they must have a reason to think that.
Justice Thomas himself has said that they are “evading” the eligibility issue. Nothing for a conservative justice to boast about so he must have had a different reason for bringing up the issue in the context of discussing Sotomayor.
So in a very real way Lakin’s brother could choose not to publicly disclose any evidence he has because he doesn’t want to “throw pearls before swine”, choosing to save it for a prosecuting attorney to use instead.
Was he lawfully ordered to deploy.
Not whether or not he was "ordered to deploy" which is clearly not in doubt as evidenced by his orders having been publicly posted a while back, I believe, here (a pdf)
The missing word, "lawfully", is the key here.
Ironically, LTC Lakin was required to bring copies of his birth certificate. I wonder what the Army's reaction would have been, had he placed a .jpeg of his short form on a web site and told them that these two can vouch for it's authenticity:
Jess Henig has an M.A. in English Literature.
Joe Miller has a Ph. D. in Political Philosophy.
I'm sure the Army would have been OK with that because the Army is clearly OK with being lead by a CinC who did just that (allegedly).
And yet after two plus years, no one has come forward with anything.
Perhaps, just perhaps, there is nothing for anyone to bring forward?
Are you calling me a nobody? I’ve come as far forward as I know how to come, and I’ve come with statements from the HDOH itself, showing that the Factcheck COLB is a forgery and that Hawaii has no valid birth certificate for Obama. What exactly are you looking for if not that?
I could stand on the Statue of Liberty naked waving my information for all to see, and after they all threw up they’d STILL ignore me. lol
And regardless of what you think of Lucas Smith or Orly Taitz, the fact of the matter is that they did everything they could to bring forward what could be authentic documents totally destroying Obama’s claims - but couldn’t get anybody in the government/courts to even try to authenticate them.
IOW, we’ve got plenty of evidence but nobody earnest enough to check it out.
And that is why this is really about the rule of law, as I’ve said all along. When a person can’t even get more than a yawn when they sign an oath on penalty of perjury, the judicial system is stone-cold deaf, and NOTHING could ever get a response from them.
Doesn’t that bug you? An online image that’s never been authenticated (and has actually been indirectly confirmed by HI government officials as a forgery in 2 different ways!) gets all the legal weight in the world but a 3-D, in-person document with signatures and seal and an oath that it is genuine gets nothing.
You tell me exactly what evidence would do any good at this point. Everything hinges on WHO has the evidence. And the people in power are playing keep-away from the rest of us, holding the ball beyond our reach while they stick out their tongues and say, “Nyeah. I have the ability to serve justice but I’m not going to. Too bad, so sad for you, loser!”
How is that in any way acceptable to you?
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