Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan

FoxNews.com ^ | 12/15/2010 | Staff

[OldDeckHand]

A military jury has convicted an Army doctor who disobeyed orders to deploy to Afghanistan because he questions President Obama's eligibility for office.

[STARWISE]

United States v. Lakin liveblogging, Day Two wrap

By Christopher Mathews, December 15, 2010

###

The defense and prosecution have now rested their sentencing cases in the Lakin court-martial.

The prosecution finished its case by playing an interview with LTC Lakin on the Bary Farber show, in which the accused discussed his rationale for violating orders and refusing to deploy.

The money quote from the interview came when Farber asked Lakin whether, if he had it all to do over again, would he still refuse to deploy. Lakin’s answer was that yes, he would.

The defense presented two witnesses: an O-6 who deployed with LTC Lakin previously, and a CW3 who had also served with the accused, both of whom testified to his professional qualities and character.

Lakin then gave an unsworn statement in question-and-answer format, taking more than an hour to explain his conduct. He said he understands the Army is not the place to get answers to his questions, and admitted that he made the wrong call in thinking it was.

He was in tears during parts of his unsworn, and said he would prefer jail time to dismissal from the service.

Colonel Sullivan reports that Lakin’s attorney, Neal Puckett, asked tough questions:

you asked for this court-martial, didn’t you? Are you proud of what you’ve done? LTC Lakin said he was not proud, and that if he had it all to do over again, he would not actually refuse to deploy — in fact, he would deploy tomorrow, if he could.

He denied having ever said ”you had your chance” — that statement, he said, came from his former counsel, Paul Jensen.

The court is in recess until tomorrow.

The prosecution will have an opportunity to put on a rebuttal case, if it chooses, and the defense can surrebut.

The military judge will discuss sentencing instructions with counsel out of the presence of the members and then both sides will give argument. Judge Lind will instruct the members and they will retire to deliberate on a sentence. Barring the unexpected, the trial will end tomorrow.

http://www.caaflog.com/2010/12/15/united-states-v-lakin-liveblogging-day-two-wrap/

[usmcobra]

Does a document you admit may be a forgery constitute legal proof?

Wouldn't it be up to a court of law to make that determination?

Your internet opinions however brilliant your ego sees them don't meet the legal standards of a court of law.

[Mr Rogers]

“Back to WKA ?”

If one wants to discuss the law concerning the meaning of NBC, it helps to read the decision that discusses it in depth.

“But that child of an alien can never be a natural born citizen, he only has the same citizen rights as a Natural Born Citizen.”

They argue the legal meaning of natural born citizen is found by the analogous common law phrase ‘natural born subject’, which all the Framers knew. Not Vattel, but English common law provides the key to understanding the Founder’s intent in using NBC (as opposed to plain English, “born to two citizen parents”).

And as the Founders knew, a natural born subject included those born in country to TWO alien parents. Puzzle it out yourself.

[Mr Rogers]

“It is now fair play to use it in his appeal.”

Yep. Particularly after Lakin admitted he was wrong...

Good luck. Now go out and disobey all laws passed since Jan 2009...

[FS11]

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects

191 posted on Wednesday, December 15, 2010 6:06:50 PM by Mr Rogers

---

Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html

[Non-Sequitur]

It’s a dirty, rotten job but somebody’s got to do it. It might as well be us.

[presently no screen name]

He recounted how two days after arriving in theatre, the unit suffered a mass-casualty attack, with sixteen wounded. He said that he was not, in his opinion

Those new ROE imposed by the illegal CIC suck. However, we are seeing that it's doing what it was designed to do.

There is nothing worse than a dumba@@ American!

who testified that she and her husband had to forego some coursework they had planned to take together...missed the award ceremony ..Bronze Star....

Both are whiny liberals. If this is the best they got...'something interfered with their life', what zone are they from? They should try taking their oath more seriously, instead of receiving stars.

hard it was to prepare their young son for his dad’s sudden and unexpected departure.

Did he die? Wonder how hard it will be to prepare him for a country without freedoms because soldiers succumbed to an illegal CIC?

[Mr Rogers]

You can pretend you are a lawyer, but I don’t believe a word of it.

IF Obama had been born in Kenya or the UK, he would have been born a British subject. And in that situation, I’d agree that Congress would need to take immediate steps to remove Obama.

But if born in Hawaii, he was born in the USA. Try reading WKA, if a legal opinion isn’t too much for your poseur judgment.

[OldDeckHand]

"Good luck. Now go out and disobey all laws passed since Jan 2009..."

Has anyone noticed that Lakin didn't have any problems accepting his pre-deployment leave (which if applying birther lore must have come directly from Obama), but did have a problem actually deploying. Apparently, in Lakin's mind - leave = constitutional, deployment = unconstitutional. Hey, it's great work of you can get it, I guess.

I wonder how that worked?

I also wonder if Lakin gave any orders to subordinates that he expected to be followed. It's a mystery.

[usmcobra]

Puzzle it out for myself? show me where it says that the child of tow alien parents is a Natural Born US citizen...

You cannot because nowhere in that document do it make that distinction.

It says the have the same citizenship rights as a Natural Born child of citizen parents.

As far as I know there is only one job in this country’s government where you have to be a Natural born citizen and that is the presidency and to safeguard it from anyone with divided loyalties our founding fathers made that express distinction part of the requirements for the office.

It is people like you that want that part of our constitution destroyed forever so that anyone can hold the office.

[FS11]

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects

191 posted on Wednesday, December 15, 2010 6:06:50 PM by Mr Rogers

---

There you go again, rogers ole boy, resorting to the refuge of ad hominem attacks when you are losing another argument.

Why don’t you man up, rogers ole boy, and admit that you are wrong and not knowledgeable enough of the law, any law, to answer my any of my questions or refute any of my legal arguments?

Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html

[PA-RIVER]

The Whitehouse, Acorn, and Black Panthers must be ecstatic over this. Break out the Champagne in the Oval office.

[presently no screen name]

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside....So at least according to that particular scrap of paper,

Now find the scrape of paper where the qualifications for president are written.

[Red Steel]

You don't get it ms Rogers. Your Obama will one day be found to be in violation of the US Constitution.

Yep. Particularly after Lakin admitted he was wrong...

Not on the missing movement. Lakin pleaded not guilty.

[FS11]

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects

191 posted on Wednesday, December 15, 2010 6:06:50 PM by Mr Rogers

---

Cat got your tongue, rogers ole boy? Kind of slow-witted aren’t you, rogers ole boy?

Why don’t you man up, rogers ole boy, and admit that you are wrong and not knowledgeable enough of the law, any law, to answer my any of my questions or refute any of my legal arguments?

Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html

[STARWISE]

And as the Founders knew, a natural born subject included those born in country to TWO alien parents. Puzzle it out yourself.

~~~~~~~

I’m not a lawyer, but if you think our brilliant and awesome
Founders .. warring, bleeding, losing so much treasure for
so long fighting the British Crown .. would’ve EVER chosen
or intended that our potus/CIC could possibly be a person
who hadn’t officially, legally and demonstrably proven
IRREVOCABLY and BEYOND ALL DOUBT that he had NO
foreign parentage/blood or any possibility of foreign
allegiance.. especially one generation removed British -
Kenyan direct blood lineage .. you’re sure not in tune with
their common sense and explicit and very understandable
intentions and desires, about which they were very clear.

Oh sure, folks want to make it a living Constitution, etc.
blah blah blah, well conservatives DON’T. We honor and
desire what they did because it’s for the good and the
survival of the nation.

They set out the unique qualifier nbc term for only 2
offices: potus and VP. Why?

Beyond the red flag of the alleged paternity (which
supposed marriage documentation has yet to be discovered),
what more in God’s name does he have to do to show and
prove to you that his demonstrated natural core allegiance
betrays his lies.. that the prime and dearest to his heart
natural protectiveness IS NOT for and to America ?

And I don’t care if his father was a citizen of India or
the Bahamas here on a student visa, he doesn’t fit the
Founders’ core intents.

Could Obama apply for and get Kenyan citizenship today ?

[Pilsner]

the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

So if BO wasn't born a dual citizen, then in Birther World he could be President? Are you bothered in the least that your line of, err, "reasoning" deprives Americans of the right to decide just who is, or is not, a natural born citizen, and vests that right with the foreign power that someone's father was born under?

Especially when that foreign power is the British Parliament at Westminster, making rules about far away people whom it held in colonial subjugation? Do you really think that the men who drafted the United States Constitution wanted Parliament in Westminster to decide who could be President of the United States?

[STARWISE]

Additional from CAAFlog

~~~~~~~~~~

Note: Colonel Sullivan will be on blogtalkradio

http://www.blogtalkradio.com/rcr/2010/12/16/rc-radio-special—lakin-court-martial-day-2

again at 2100 hours tonight with retired commander Phil Cave and Fogbow blogger Mata Mari to discuss today’s events. As with yesterday’s program, there should be plenty of additional insights and analysis — tune in if you can.

http://www.caaflog.com/2010/12/15/united-states-v-lakin-liveblogging-day-two-wrap/

[Mr Rogers]

“show me where it says that the child of tow alien parents is a Natural Born US citizen...”

Sorry. To understand a legal decision, you sometimes have to read two, three or maybe even more sentences as a logical whole.

“Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.”

I posted part of the Supreme Court decision, not an essay. It shows a person born in the US of TWO alien parents is still a NBC, unless the parents were diplomats or an invading army.

“Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.”

I suggest you ask ODH for legal advice about original jurisdiction. I’ll content myself with a hint: don’t use WND or blogspots to determine what it is or is not. Your assignment is to research what OJ means and how it is applied.

Nor do I expect ODH to explain it to you. You are not a lawyer, you try to avoid learning anything about the law, and you wouldn’t understand a word.

I’m not a lawyer. I’m a retired WSO/EWO and spent most of my career flying. But I don’t pretend otherwise...

[PA-RIVER]

Its a “W” for a Communist Dictator. He'll take it to the bank.

I would hate to work in the Whitehouse cleaning all the spit dripping from Washington's portrait's every day. I heard Lincoln doesn't get as much, but he does get hocker now and then.