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Are we going to allow Lt. Col Terry Lakin to go to prison?
Sioux Falls Conservative Examiner ^ | 4-26-10 | Lori Stacey

Posted on 04/27/2010 11:18:54 PM PDT by STARWISE

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To: Lady Jag; PA-RIVER; xzins; jagusafr; blue-duncan; wmfights; Forest Keeper; Frantzie

Please tell me no one REALLY takes a 2008 Berg press release as serious law...please?

I promise you - NO ONE on Lakin’s Board will!


81 posted on 04/28/2010 11:08:20 AM PDT by Mr Rogers
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To: Lady Jag

10/24/2008 28 MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE AND SENATOR BARACK OBAMA TO DISMISS FIRST AMENDED COMPLAINT (DOC. NO. 20) IS GRANTED; DEFENDANT FEDERAL ELECTION COMMISSION’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (DOC. NO. 24) IS GRANTED; AND PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF IS DISMISSED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/24/08. 10/27/08 ENTERED AND COPIES MAILED TO PRO SE PARTIES AND E-MAILED AND FAXED FROM CHAMBERS. (jpd) (Entered: 10/27/2008)

10/27/2008 29 ORDER THAT HAVING DISMISSED PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF IT IS ORDERED THAT ALL PENDING MOTIONS ARE DISMISSED AS MOOT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/27/08. 10/27/08 ENTERED AND COPIES MAILED TO PRO SE PARTIES, E-MAILED AND FAXED TO COUNSEL FROM CHAMBERS. (jpd) (Entered: 10/27/2008)

12/22/2008 33 Certified Copy of Order from U.S.C.A dated 10/22/08 that the petition for writ of mandamus be, and the same is, denied. All of the above in accordance with the opinion of the Court (lisad, ) (Entered: 12/22/2008)


82 posted on 04/28/2010 11:13:34 AM PDT by Mr Rogers
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To: xzins

But he doesn’t have post-deployment stress. As his own letters have indicated, he has concerns about the eligibility of the CiC.


83 posted on 04/28/2010 11:17:39 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Lady Jag

Here is a link to a copy of a Hawaii Long Form, original birth certificate. http://bp2.blogger.com/_Pa2xrvJ7xpA/SGhdwbdXc-I/AAAAAAAAACA/wzwObxc8fjw/s1600-h/scan0001.jpg

Can anyone tell me what additional information is on the long form that is relevant to eligibility to becoming President of the United States? I am mystified as to what additional information people think is going to disqualify Obama if his long form Certificate is released.

Also original, paper birth certificates are much easier to alter and forge than the computerized modern Certifications of Live Birth that many states now issue. Federal standards have been established for birth certificates to be accepted for passport purposes. Those standards require them to be printed on what is called “safety paper” which can’t be tampered with or altered much like modern money is much, much harder to counterfeit than money from earlier times.
The US Constitution requires two pieces of information that can be found on a birth document: place of birth and date of birth. If a document is official and the state verifies it, the candidate should be good to go.


84 posted on 04/28/2010 11:19:37 AM PDT by jamese777
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To: Uncle Chip

And I would say that some stressful backlog has caused him to take a stand that he is on the downside of....and he a brilliant man. Therefore, stress.


85 posted on 04/28/2010 11:21:26 AM PDT by xzins (Retired Army Chaplain and proud of it. Those who truly support our troops pray for their victory!)
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To: xzins

What makes you think he had stress leading up to this??? He took a full year to ask questions up and down his chain of command. The only stress he had was in not getting a straight answer from his military commanders as to the CiC’s eligibility. That’s not post-deployment stress. That’s stress from their evasivenesss.


86 posted on 04/28/2010 11:49:43 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: xzins
Think what you will, but my counsel would hold. I spent 20+ years advocating for soldiers, and I believe I’ve got a feel for when the odds aren’t very good for the soldier.

I would agree that his odds are very slim indeed.

I expect that he will be convicted, however, if he is denied discovery on the basis for his refusal to obey the order, I believe that he may have grounds for appeal and to have his conviction overturned on appeal on the basis of due process.

Whether or not he can find a court which would actually make a determination that he has the right to make an inquiry and to obtain discovery on whether or not the Commander-in-Chief is legally eligible to hold that office is another problem altogether and I would think the odds are slim in that option as well.

87 posted on 04/28/2010 11:50:31 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: xzins

“when the odds aren’t very good for the soldier......”

It would seem most obvious that a man with Lt. Col. Lakin’s maturity, experience, and outstanding military record, would know exactly what he is doing—of his own volition.

What, sir, would you have counseled the men at Bastogne in December of ‘44?


88 posted on 04/28/2010 1:04:19 PM PDT by mtntop3
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To: Mr Rogers
Some good may yet come of this.

I suspect the Kenyan parliament has been told to shut up and they will get billions more in aid. (Not black mail, we are just flush with cash and cant find a place to put it. So its a Win Win.)

Our Presidents home country will get more American Aid, and that's always a good thing. If the presidents home country fails economically or goes to war, we would certainly need to come to their Aid and defense. How would it look if we neglected our Presidents home country? Petty, and Not good.

89 posted on 04/28/2010 2:36:17 PM PDT by PA-RIVER
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To: STARWISE
He has been reassigned to Walter Reed Army Medical Center but stripped of the right to practice medicine.

He was assigned to Walter Reed to begin with. The Pentagon clinic where he was serving is part of Walter Reed. This would have been an administrative shuffling within the unit.

Since his Pentagon pass was pulled, he could hardly go there anymore.

No one has a right to practice medicine, least of all an Army office under charges. But it wouldn't have hurt to keep him seeing patients. What was he going to do? Incite a mutiny?

At least they don't seem to have incarcerated him, nor confined him to his quarters. I take that as a Good Sign.

90 posted on 04/28/2010 3:52:20 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: STARWISE
I believe the author has inaccurately stated Ginsburg's opinion on the issue:

Yes, it's just one of the obviously false statements resonating in the birther echo chamber. Although easily refuted, expect it to continue to turn up in birther arguments and articles.

91 posted on 04/28/2010 4:00:54 PM PDT by Kleon
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To: scott7278
If convicted, yes. He understood the risk. If we are to be a nation of laws, then the sentence must be carried out.

But the Court has a wide range of possible penalties. Some of the charges carry a "punished as a Court Martial shall direct". They could punish him by docking him a month or 6 months pay. If that what they wanted to do.

Remember these are all "Good Order and Discipline" type "crimes", punishing him too heavily could be counterproductive in that regard.

92 posted on 04/28/2010 4:02:29 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Non-Sequitur
doubt he’ll get prison time. He’ll be released from the service, lose his pension and his benefits, but I don’t think he’ll see the inside of Leavenworth.

If they discharge him, it means an automatic appeal to the US Army Court of Criminal Appeals. I think they might just dock him a few months pay, and "encourage" him to retire when he hits 20, which is less than two years anyway.

Good Order and Discipline, which includes morale, might not be well served by too harsh a sentence. The sentence is up to the Court, not the judge, although the convining authority can, IIRC, lesson the sentence if he/she wishes. (And he might, for that same reason).

93 posted on 04/28/2010 4:15:32 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: montanajoe
“yea, UCMJ is the end all and be all of justice” If you are a soldier it is.

But the UCMJ allows for "The Good of The Service" and provides for a variety of punishments, from harsh to lenient.

It's not a like civilian law with a minimum sentence, and where the only concerns deal with the convictee and perhaps his family. There is the Big Green Family to think about as well, and the Court not only can, they are charged to do so.

94 posted on 04/28/2010 4:19:01 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: xzins
Jagusafr, though, was a higher-level military lawyer

I believe he still is, just a Reserve one, so he has to be somewhat cautious. But then he tends to be that way irregardless.

95 posted on 04/28/2010 4:21:19 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: voicereason
If they (correctly) filed a Consular Report of Birth for the kid born in France, then yes, he’s a US citizen at birth.

True, but still a naturalized one. Look it up. Doesn't fit the 14th amendment definition of a citizen (which is still not natural born), so it must be under the statute law. Congress only has power over "Naturalization", so therefore such a person is, for Constitutional purposes, naturalized at birth.

96 posted on 04/28/2010 4:24:02 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: xzins
IN GENERAL- That the President is authorized

The President, not an ineligible usurper.

Which is of course the point of Lt. Col. Lakins' "exercise'.

97 posted on 04/28/2010 4:26:38 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Mr Rogers
He is asking them to decide a question they have no jurisdiction on: “Is Obama a natural born citizen qualified to be President?”

Actually, under the Manual for Courts Martial, he's asking the judge.

If Lakin really had a problem with Obama being eligible, he should have resigned his commission.

And that would have supported and defended the Constitution, just how?

98 posted on 04/28/2010 4:31:04 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: MikefromOhio

Citizen .. yes; not a natural born citizen.


99 posted on 04/28/2010 4:32:57 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: SonOfDarkSkies
While I don't for a moment think Obama is a natural born citizen, Michelle Obama's comment is in no way "proof" of his being born in Kenya.

No not proof, but I'd say it rises to the level of "reasonable cause to suspect". And Thus justify the production of real proof, one way or the other.

She's most likely saying that, because Obama considers himself an "African" American first and foremost (hating, as he does, the blood of his "white" mother), Kenya is his spiritual home and the home of his ancestors.

She didn't say anything about "spiritual" or "ancestral" she said it was his "home country" with no such modifiers.

100 posted on 04/28/2010 4:35:26 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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