Posted on 06/09/2010 12:06:14 PM PDT by jamese777
The group backing Birther Army Doctor Terrence Lakin as he makes his way through the military justice system announced today that Lakin is waiving a preliminary hearing that was set for Friday.
Lt. Col. Lakin refused orders on the grounds that Barack Obama is not eligible to be president. It is now up to Maj. Gen. Karl Horst, Military District of Washington Commander, to decide if the case will go to trial, said Chuck Dasey, spokesman at Walter Reed Army Medical Center in Washington, where Lakin is assigned.
The American Patriot Foundation said in a press release: Saying that the Army has made it "impossible for me to present a defense" at the Article 32 "preliminary hearing" previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived -cancelled--that proceeding. Therefore, the case will move inexorably on to a General Court Martial.
(Excerpt) Read more at tpmmuckraker.talkingpointsmemo.com ...
No man wastes his life by taking a stand on principle whereby he puts everything on the line.
The signers of the Declaration of Independence pledged everything...their lives, their fortunes and their sacred honor. They threw everything of temporal value on the table to stay focused upon a higher calling.
This Lakin will be remembered long after his fellow officers who turn their backs on this fundamental constitutional requirement and cling to their retirement benefits are dead and long forgotten.
It has long been a fundamental principle that an officer does not have to obey an unlawful order. If the commander in chief of the U.S. military is a usurper, he is not lawfully issuing orders.
We all die. Some die with honor.
Well said.
I doubt there's anything Obama could do to stop this guy's self-destructive path. If he released his birth documents, the defense would just move to a more nuanced Constitutional argument, as many birthers have done.
Just because people question Obama's qualifications does not give the soldiers in the Army the right to disobey their officers.
Excellent find.
/Surprise... NOT!
Seconding the well said!!
So the president as CiC is just a meaningless figurehead and has nothing to do with what the military does.
What total crap. Hard to believe you really believe this.
You know that he ain't the only one.
In this particular fight I'm not on Obama's side or Lakin's side, I'm on the Army's side. You can't have an Army if everyone gets to decide which orders to obey. The Army can't and shouldn't sort out Obama's qualifications, that's for other branches of the government.
This is a Court Martial so his appeal is automatic, the case will be reviewed up the chain of command, and it cannot be appealed through civilian courts.
By denying his right to ask for Obama's eligibility, at least a reviewing authority will be forced to set aside a conviction and order that the Court Martial be expunged from his records as a nonevent based upon his rights to a fair trial being denied to him.
Click on # 59.
Heh. - Check out # 68, too.
[Good find, Red Steel. - Apparently 0bot jamese777 's salary is paid with our tax dollar$.]
“For the Presidents credentials to have any bearing on the charges against LTC Lakin, the Defense proposition must be that military orders issued by superiors to juniors are all invalidated during the period the President improperly holds office. >>> This proposition fails to account for the law of lawfulness of orders, which in essence requires that a facially proper order be obeyed so long as it does not require the COMMISSION of a criminal act.”<<<
(emphases mine)
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
How about acts of commission — or omission — that may be committed by an officer with the “blissing” of an usurper?
How would “I was just following (Superior) orders” — the so called “Nuremberg Defense” — hold up?
http://en.wikipedia.org/wiki/Superior_Orders
The officer is sworn to uphold the constitution.
If the officer has good reason to believe his commander in chief is illegitimate then — if oaths have any meaning — he has a DUTY to expose him, as best he can.
This also applies to his “superiors” if they have reason to suspect the legitimacy of their commander in chief.
They would also have a duty — per their oath — to expose the usurper.
The question is must an officer WAIT for an usurper to issue an unconstitutional order(at it’s face)or are ALL orders so issued (by an usurper)unconstitutional?
Lieutenant Colonel Lakin may be in trouble for doing the right thing in keeping with his oath to the constitution.
STE=Q
Yeah he/she’s at DU also...
Well, that was certainly unexpected - the admission I mean. I don’t think any of us are surprised to learn there are paid trolls from various pro-Obama orgs. here at FR (didn’t they come out and admit this last year sometime? IIRC, that that was the ‘plan’?), and especially on these threads/this subject in particular...
I’m curious though — what could be gained by outing himself? And, on what thread did he admit it? Did he perhaps get fired, or find out his job was ending, and does he have an axe to grind now, or is he moving on to other jobs?
I’m curious, too. Good questions.
What is the rate of pay? What is the benefits package?
Good find RS!
So how far does thirty pieces of silver go nowadays, James?
STE=Q
So the title “Commander in Chief” means nothing.
Mm hm.
So the Army can just be a dictator’s personal little force if somehow a fake CiC worms his way in there.
What a nice little tool you are.
Not far enough.
In this particular fight I'm not on Obama’s side or Lakin’s side, I'm on the Army's side. You can't have an Army if everyone gets to decide which orders to obey. The Army can't and shouldn't sort out Obama’s qualifications, that's for other branches of the government.”
Well said. It's such an obvious point.
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