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Army birther pleads guilty to 1 of 2 charges
AP ^ | December 14, 2010 | AP

Posted on 12/14/2010 9:25:59 AM PST by Smokeyblue

An Army doctor who disobeyed orders to deploy to Afghanistan because he questions Barack Obama's eligibility to be president has pleaded guilty to 1 of 2 charges against him.

At a court-martial proceeding Tuesday in Maryland, Lt. Col. Terrence Lakin of Greeley, Colo., pleaded guilty to not meeting with a superior when ordered to do so and not showing up at Fort Campbell in Kentucky where he was supposed to report.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: army; birthcertificate; birther; certifigate; lakin; military; naturalborncitizen
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To: Jim Robinson
DU would welcome you.

Yah. And you can type out cuss words without *#!%.

141 posted on 12/14/2010 12:17:05 PM PST by don-o (Wait. What?)
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To: BuckeyeTexan

If they were general orders under Article 92, then the “lawfulness” section from Article 90 still applies. Lind only referred to i, but not to ii, iii, or iv.

The one that applies is ii:

(ii) Authority of issuing officer. The commissioned
officer issuing the order must have authority
to give such an order. Authorization may be based
on law, regulation, or custom of the service.

How can Lind say that authorization by a valid President is IRRELEVANT, when Congress specifically authorized only “the President” to use force in the war on terrorism? It’s right there in the elements for “lawfulness” that the order has to meet the Constitutional requirement as well as the elements of lawfulness for Article 90 - which includes that the issuing officer being properly authorized to make “such an order” (deployment order for combat forces, in this case).


142 posted on 12/14/2010 12:19:12 PM PST by butterdezillion
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To: Danae

Hold up... he pled guilty to “...pleaded guilty to not meeting with a superior when ordered to do so and not showing up at Fort Campbell in Kentucky where he was supposed to report.”

This seems to me to have a LOT of wiggle room in it.

I think this pleading was very carefully worded for appeal.


There are no appeals when the defendant pleads guilty.


143 posted on 12/14/2010 12:19:45 PM PST by jamese777
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To: don-o

His keys are not broken. He hardly ever misses an opportunity for the Obama team to take advantage of the situation.


144 posted on 12/14/2010 12:20:38 PM PST by Red Steel
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To: don-o

“And you can type out cuss words without *#!%.”

I prefer FR’s requiring of the creative muse.

Just typing profanity is gauche.


145 posted on 12/14/2010 12:20:38 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: FS11

But he didn’t plead guilty on both counts.


146 posted on 12/14/2010 12:20:50 PM PST by Danae (Anail nathrach, orth' bhais's bethad, do chel denmha)
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To: butterdezillion

B.S.

Operation Enduring Freedom is a combat operation authorized by the U.S. Congress and the U.N.

Commissioned officers in the Army have duties and responsibilities under Title 10, Subsections A and B. It’s Title 10 that makes their orders legal.


147 posted on 12/14/2010 12:21:20 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: butterdezillion
"But Congress has not declared war on Iran. "
"Congress has never declared war on Afghanistan."
Nor did they declare war in korea, vietnam,el salvador, iraq (not once but twice)granada, or any other military action since WW2....does that mean that everyone who took up arms and swore an oath to defend this country were in fact similar to the nazi's, as you said I was????? you do not even belong on DU.....the aryan nation would probably welcome you with open arms, though...
148 posted on 12/14/2010 12:21:47 PM PST by joe fonebone (The House has oversight of the Judiciary...why are the rogue judges not being impeached?)
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To: butterdezillion

Were you born stupid or something?


149 posted on 12/14/2010 12:22:44 PM PST by Jim Robinson (Rebellion is brewing!! Nuke the corrupt commie bastards to HELL!!)
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To: Danae
"I think this pleading was very carefully worded for appeal."

I'm sorry, but that's not how it works. You can't qualify your guilty plea. In fact, the military judge is obligated to explore Lakin's understanding of his charges to ensure that he he understands completely what he's pleading guilty to, and what he's pleading guilty to is EXACTLY what the government is alleging. There are no "yeah, but"s allowed when entering a plea of guilty.

150 posted on 12/14/2010 12:24:41 PM PST by OldDeckHand
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To: joe fonebone

Weak, weasel comment.

I expected no less.

It’s posted for the enlightenment of folks who aren’t bitter
souls with personal axes to grind, who care to know what’s
not popularly reported, and who don’t know all the vast
complexities and facts of this issue.

This level of support given to Ltc Lakin by these
well-respected, career military officers now retired, with
decades of expertise, still very engaged WITH our military
and in military matters and in the vital survival of our
Constitution is very NOTABLE.

The world of reasonable, informed people highly respect their experience and opinions.

The courage of convictions makes one a target = they obviously aren’t cowards, scared to stand up for their knowledge, experience and beliefs with their position.

God bless them and protect them.


151 posted on 12/14/2010 12:24:58 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: joe fonebone; butterdezillion
She has finally shown her true colors......

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

The “colors” I have seen are of a woman who loves the Constitution and is dedicated to it and the rule of law.

She has spent countless hours doing the grunt work needed to expose the corruption of the Hawaiian bureaucrats involved in this case.

I see a woman who understands that this is about far more than either Obama or Lakin. It is about the very glue of the rule of law that holds Western civilization together.

And...Given the inaction of our nation's top military and their deafening silence regarding the natural born status of our White House resident, I seriously doubt that in the face of real tyranny that they would honor their oaths to defend the Constitution against all enemies foreign or domestic. I am not at all hopeful that these men with so much shiny brass on their shoulders would do that.

152 posted on 12/14/2010 12:25:06 PM PST by wintertime (Re: Obama, Rush Limbaugh said, "He was born here." ( So? Where's the proof?))
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To: Danae

“But he didn’t plead guilty on both counts.”
__

That’s right; and those in the know have been predicting for weeks that Lakin was going to contest the “missing movement” charge on the grounds that he was not ordered to be on a specific flight — other “missing movement” cases have been beaten with that kind of argument.

But that doesn’t mean that he can contest the charge on birther grounds. In his Care inquiry he stated several times that his orders were lawful, and it’s hard to believe he could simultaneously invoke an eligibility defense on the remaining charge.

We’ll know for sure in the next couple of hours.


153 posted on 12/14/2010 12:25:48 PM PST by BigGuy22
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To: Red Steel

yea, I do.

I am still very saddened over this situation.


154 posted on 12/14/2010 12:25:59 PM PST by Danae (Anail nathrach, orth' bhais's bethad, do chel denmha)
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To: OldDeckHand

What about takebacks?

Or ‘do overs’?

Maybe a mulligan?


155 posted on 12/14/2010 12:25:59 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: joe fonebone

Bull puckey. I have always loved the United States military. What they’re doing here makes me sick. It is the work of enemies among the ranks just as surely as Nidal Hasan was an enemy among the ranks. I’m very angry that the whole military structure has tolerated this assault on the Constitution, the MCM, SJ Res 23, the rank and file who deserve much better than this (including Lakin), and everybody who loves this country.

Neal Puckett said we should be raising a ruckus because the military structure refused to deal with Lakin’s concerns. The top brass said the Constitutional issue had to be dropped because the military structure isn’t going to serve justice.

How else would anybody suggest I show the depth of my disgust with the military leadership for what they have done in all this? I love the military. I am disgusted with the military leadership which is giving the military a black eye because of their disgusting disregard for the Constitution, the laws, and the MCM.


156 posted on 12/14/2010 12:26:29 PM PST by butterdezillion
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To: Danae

Lurking Libertarian is correct. It’s over. Lakin had no grounds for appeal regarding the issue of BO’s illegitimate presidency.


157 posted on 12/14/2010 12:28:58 PM PST by FS11
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To: kbennkc; Mr. Lucky; spectre; Smokeyblue
"Those who advised him on to this foolish course should share his punishment."

It doesn't appear that anyone "advised him" to do what he did. In fact, some of his current supporters, like LTG McInerney, have said they would have advised him otherwise.

However, LTC Lakin did seek reassurances, guidance and information from his chain of command AND from his elected representatives [Key Documents] prior to making his decision. He was either ignored, or otherwise received no assurances that his Commander in Chief was in fact, Constitutionally qualified.

158 posted on 12/14/2010 12:29:11 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: wintertime

Hey, it’s not the military’s job to determine the natural born status of the president of the United States. But it is their job to carry out the commander in chief’s orders. Let’s not go overboard with our conspiracy theories.


159 posted on 12/14/2010 12:29:37 PM PST by Jim Robinson (Rebellion is brewing!! Nuke the corrupt commie bastards to HELL!!)
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To: joe fonebone

Joe, BDZ has a lot of family in the Military. I know for a fact she holds them in high esteem, and the military in high esteem. What she is objecting to are those IN the Military who are corrupt.

She isn’t attacking the military. You have miss-read her point of view.


160 posted on 12/14/2010 12:29:56 PM PST by Danae (Anail nathrach, orth' bhais's bethad, do chel denmha)
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