DECORATED ARMY DOCTOR LTC TERRY LAKIN WAIVES PRELIMINARY HEARING

"DECORATED ARMY DOCTOR LTC TERRY LAKIN WAIVES PRELIMINARY HEARING AND ANNOUNCES NEW YOUTUBE VIDEO

Washington, D.C., June 9, 2010. 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. The punishment for the charges filed against LTC Lakin carry a maximum term of four years in the penitentiary. Lakin expects the trial to be held in the early fall, but this has yet to be determined. The next step will be the formal referral of the charges by Lakin’s Commanding General, Major General Carla Hawley-Bowland, followed by his arraignment before a Military Judge, both of which are expected before the end of June.

Lakin, through his legal defense team, requested the testimony of Dr. Chiyome Fukino of the Hawaii Dept. of Health, and all of that agency’s records that exist concerning the president’s birth. Lakin had also requested the testimony of the custodians of records of, and the records relating to Obama’s admission and financial aid that exist, of the Punahou School, Occidental College, Columbia University and Harvard Law School. All these requests were also summarily denied, leaving Lakin without any ability to mount a defense at the hearing. However, in that this hearing was preliminary in nature in the first place, Lakin will renew his requests to the Military Judge at the appropriate time.

Lakin also released a new 5-minute video on Youtube explaining why he believes there are reasonable arguments that President Obama is Constitutionally ineligible to serve as Commander-in-Chief. The video can be viewed at http://www.safeguardourconstitution.com/video2.html.

The video is being released under the auspices of the American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, in the one month since establishing a fund to provide a legal defense to LTC Lakin, has received generous donations from more than 1,200 separate individuals. Further details are available on the Foundation’s website, www.safeguardourconstitution.com. "

Maj. Gen. Karl R. Horst became commander of the U.S. Army Military District of Washington and Joint Force Headquarters National Capital Region June 23, 2009, and was promoted to the rank of major general in November of that year.

Enlisting in the Army June 22, 1973, Maj. Gen. Horst completed Basic Combat Training at Fort Dix, N.J. He attended the United States Military Academy Preparatory School at Fort Belvoir, Va., and subsequently received his bachelor’s degree and commission from the United States Military Academy in 1978.

Maj. Gen. Horst started his career with the 15th Infantry Regiment of the 3d Infantry Division (Mechanized), Federal Republic of Germany, where he served as a rifle and scout platoon leader. His company command was in the 47th Infantry Regiment of the 9th Infantry Division (Motorized), Fort Lewis, Wash. Later Maj. Gen. Horst commanded 2d Battalion, 325th Airborne Infantry Regiment; and the 1st Brigade, 504th Parachute Infantry Regiment, 82d Airborne Division, Fort Bragg, N.C. In July 2004, he became the 3d Infantry Division’s assistant division commander (maneuver) and in September 2006, he assumed the duties as the deputy commanding general, XVIII Airborne Corps and Fort Bragg.

Maj. Gen. Horst’s primary staff assignments include battalion S-3 in the 60th Infantry Regiment, Fort Lewis, Wash.; brigade S-3, Ranger Training Brigade, Fort Benning, Ga.; and battalion S 3, 2d Battalion, 325th Airborne Infantry Regiment, Fort Bragg. He served an assignment on the Army staff as aide-de-camp to the Army Chief of Staff. He also served a joint and NATO assignment as special assistant to the Supreme Allied Commander, Europe. Maj. Gen. Horst served as the chief of staff, 82d Airborne Division; then as the chief of staff, XVIII Airborne Corps and Fort Bragg. Most recently, he served as the director for Operations, Plans, Logistics and Engineering (J3/J4), United States Joint Forces Command, Norfolk, Va.

Maj. Gen. Horst’s military education includes the infantry officer basic and advanced courses, the Armed Forces Staff College, and the Army War College. His civilian study includes a master’s degree in Public Administration from Shippensburg University of Pennsylvania.

Maj. Gen. Horst’s awards include the Defense Superior Service Medal (1 Oak Leaf Cluster), the Legion of Merit (4 Oak Leaf Clusters), and the Bronze Star Medal (2 Oak Leaf Clusters). He has earned the Expert Infantryman Badge, the Combat Infantryman Badge, the Combat Action Badge, the Master Parachutist Badge, and the Army Ranger Tab.

This case goes nowhere. Not this fall, and not later. There is no case.

And yet here you are, whining about it again. A glutton for punishment, aren't you?

Your wishful thinking doesn’t not denote a proper defense for Obama with a plaintiff that has Standing. Believe me ... the US Attorney's office is watching this case even closer than you After-Birthers. They know they can't use the "FactCheck.org says Obama is legit" defense. LOL

The military cannot exist if junior members can disobey orders at will until someone above them proves they are just, legal, etc. Unless an order is obviously illegal - and deploying to Afghanistan does NOT qualify - then Lakin needs to obey.

Hmmm, first of all, he is a FGO, not a junior company grade officer. In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.

Second of all, please explain where Obama’s Deployment orders are obviously LEGAL.

And third of all, why does Lakin need to obey orders he thinks are illegitimate? Obviously Obama has NO PROBLEM with 1st Lt Ehren Watada disobeying Deployment orders.

I’ve yet to hear from you After-Birthers as to WHY Lt Watada's precedence SET BY OBAMA HIMSELF does NOT apply in Lt Col Lakin’s case. That's because IT DOES.

If he wants to make a political statement, he needs to take off the uniform first...

Lakin is not trying to make a "political statement", but he IS trying to abide by his Oath of Office. The same CANNOT be said for Obama.

But what's REALLY disturbing is that you’re for nudity in the courtroom.

Sometimes I just don’t know about you After-Birthers ...

No US Attorney is worrying about this case. Lakin has no basis for refusing to deploy. Both the Board & any appeals court will rule Obama’s birth certificate is irrelevant. Lakin’s reasons for missing deployment are not relevant to the government’s case.

“Hmmm, first of all, he is a FGO, not a junior company grade officer. In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.”

I was an O-5 as well. Junior refers to him being junior to the folks giving the deployment order.

“Second of all, please explain where Obama’s Deployment orders are obviously LEGAL.”

1 - The deployment is fully supported by Congress as well as the President. He would have received the same orders if McCain had won.

2 - If Lakin possessed EVIDENCE that Obama was born abroad, he might have a case. However, he is using his refusal to try to obtain evidence of his suspicions. That won’t fly.

Watada - I still think they should have tossed him in prison for 5-6 years. However, I believe his defense rested on his being a CO, not on GWB not being President. I’m not familiar with how the rules for COs work. I just know I despise Watada for not deploying. He was a self-serving political ass - in which he resembles Lakin.

If Lakin wanted to protest Obama, he could have resigned and done so. The US military doesn’t get to decide who is CINC. The American people & Congress do that.

You're presenting as fact the opinion of an unqualified person, namely yourself. You can cut-and-paste the same things as often as you want, and it won't change that.

Then tell me why I'm wrong - specifically? Don't just appeal to authority to alleviate yourself from your faculties or attempt the same to me.

Here is some more cut in paste of the Vermont's Supreme Court opinion and using reasoning:

Under the de facto officer doctrine, it is irrelevant whether defendant understood the deputy sheriff was a law enforcement officer on the occasion in question."

If it is "irrelevant" to be fooled that the deputy sheriff was a law enforcement officer on the happenings in question, then it would be 'relevant' to the defendant's case against the plaintiffs or government if the defendant understood or that other officials knew he was acting unlawful at the time as a usurper who did nothing to stop him. That would be official and willful malfeasance. It would be 'failure to act' and it would likely be that many others may be complicit in hiding the unlawful usurper who would be breaking the law. The defended would have a case.

The same goes for Obama too. If it is relevant, the opposite of irrelevant, that Obama is a known usurper to the government, and nothing is done about it, then the de facto doctrine, in the basis of the court's reasoning, would not apply to Obama as I have said in the last paragraph.

All Presidents are discredited to some degree or another by the time they leave office. Obama will be no exception. That does not mean, however, that there is any realistic likelihood of his being declared ineligible for the office he holds.

This one will give a special meaning for the word "discredited" as "presidents" go.

I'm not an Obot. I didn't vote for Obama,

I don't believe you. As I suspect many here don't either.

but I think he was born in Hawaii. The COLB he presented conforms to both modern documentation precedents

Obama hasn't presenting any genuine documents to no one that sheds light about his origins to be sufficient. Not to any court or any other controlling authority.

It just seems that way to you because you're not legally trained and don't have to stand in front of a judge with it. If you did, it would quickly be in tatters.

I seriously doubt that. Not if I have the resources to do the research. I don't put lawyers on any special pedestal of knowledge as you do.

> More deserving and productive uses for your donation dollars ...

No thanks ... I gave at the office.

But for some reason, troll, I don't see you throwing that feigned concern of yours
for the welfare of “the children” toward the millions spent by Obama on:

— $400 million more aid to the Gaza strip
— $125 million in a feeble attempt to “sell” ObamaCare to the American public
— $1 million-plus in legal defense expenses to hide his birth and education records

I don't blame you for being scared for your boy Obama with Lt Col Lakin’s case.

But if you gave a damn about “the children”, you'd understand that removing an
Illegitimate faker like B. Hussein Obama from the White House and placing him
in an orange jumpsuit is money well spent.

And yet here you are, whining about it again. A glutton for punishment, aren't you?

A true pot-meet-kettle moment if ever there was one.

In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.

Other than O-6.

I’ve yet to hear from you After-Birthers as to WHY Lt Watada's precedence SET BY OBAMA HIMSELF does NOT apply in Lt Col Lakin’s case. That's because IT DOES.

Watada was court martialed. Now Lakin will be. The precedent is upheld.

Lakin is not trying to make a "political statement", but he IS trying to abide by his Oath of Office. The same CANNOT be said for Obama.

When you get right down to it both men are acting in criminal fashion.

It doesn’t matter whether he was right, but whether he had a right to challenge the authority of the CinC. The question involved in that case is obviously much more complex than the issue of Obama’s elegibility.

Hawaiian law, for example, allows virtually anyone the opportunity to challenge a finding of eligiblity for a candidate whose name is place on their ballot. AFAIK, Hawaii is the only state that requires a specific declaration of Constitutional eligibility in order to be on the ballot.

“the appropriate official ... shall file a sworn application with the chief election officer ... which shall include ... A statement that each candidate is legally qualified to serve under the provisions of the United States Constitution.”

It goes on to say that “If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question.”

This is from Hawaii Revised Statute §11-113: Presidential ballots. This is a pretty simple and basic procedure and remedy for determining the eligibility of a presidential candidate. Of course, there’s only a small window of opportunity to file an objection and arguably, some of the most damaging information about Obama’s eligibility did not come until after he was elected. The bottom line is that the Army was not being asked by Lakin to do anything unreasonable or extraordinary.

Further, had they chosen to help this service member resolve this question in order to uphold his oath, the military and/or LTC Lakin himself, should now have a direct and tangible interest and qualify to obtain a certified copy of Obama’s birth certificate. Again, such a request would not be extraordinary and unreasonable to fulfill. It could easily fall under HRS 388-18(b)(9): A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction. If refused, Lakin’s lawyer should be able to obtain a non-certified copy of the certificate through HRS388-18(g)(4)A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings.

This isn’t a complicated Constitutional question, but only a need to determine a place of birth and whether the parents are U.S. citizens in order for the putative CinC to be legitimate. If it was found that Obama was indeed illegitimate, the question remains whether Lakin was within his rights to refuse his orders.

1 - The deployment is fully supported by Congress as well as the President.

I wouldn't call last Fall's Afghanistan deployment of 30,000 troops "fully supported" by Congress, much less Obama himself. Obama stalled for as long as he could, and still did not meet General McChrystal's full troop request ...

However, I'm happy to see that Learning has occurred — you FINALLY admit that Lakin's Deployment Orders did NOT come from Lakin's commander, Col. Gordon Roberts.

Obviously, for the Lakin's Deployment to be "fully supported by Congress as well as the President", Congress would NOT be approving the Deployment orders originating from Col Roberts, rather from the (de facto) CinC, B. Hussein Obama.

2 - If Lakin possessed EVIDENCE that Obama was born abroad, he might have a case. However, he is using his refusal to try to obtain evidence of his suspicions. That won’t fly.

Wow. So now you think that Lt Col Lakin has inherent Investigatory Powers and has the ability to obtain Obama’s records himself. My goodness, Mr Rogers ... if EVERY plaintiff had such powers, the power and rationale of Judge-Ordered SUBPOENA and DISCOVERY would become utterly useless and obsolete, wouldn't it?!

Yes, Mr Rogers ... you are a WONDERFUL source of entertainment for us all. LOL.

Agreed. And the Left exploited him just like they did Cindy Sheehan.

However, Watada questioned his Deployment orders from Bushie (isn't that what you Libs called GWB) and his authority as CinC under the doctrine of Command Responsibility. Watada argued that IF he was ever in charge as a Commanding Officer, HE would be responsible for "war crimes".

And yet ... B. Hussein Obama himself SET PRECEDENCE by interfering with the 9th Circuit to get Watada’s case for REFUSING to abide by Deployment Orders DISMISSED.

An inconvenience truth, isn't it?

If Lakin wanted to protest Obama, he could have resigned and done so. The US military doesn’t get to decide who is CINC. The American people & Congress do that.

You “claim” to be a former O-5. And yet, the words “I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same” seem ALIEN to you.

Just because YOU would shirk your duties as a military officer, don't whine if Lakin takes his oath more seriously than YOU did when you wore the uniform.

The ONLY Blind Allegiance that an Army officer is duty-bound to honor is NOT to a flesh-and-blood MAN, and certainly NOT to a British Subject like B. Hussein Obama ... but to a piece of parchment written more than two centuries ago:

“Watada - I still think they should have tossed him in prison for 5-6 years. However, I believe his defense rested on his being a CO, not on GWB not being President. I’m not familiar with how the rules for COs work. I just know I despise Watada for not deploying. He was a self-serving political ass - in which he resembles Lakin.”

Watada missed movement because he claimed the Iraqi War was illegal. He was not a CO, he stated he was willing to go Afghanistan.

Watada — like Lakin — was not allowed to put on the defense he wanted to. The MJ had ruled that he could not use a Nurenberg defense and that he could not even use his motivation for missing movement. Basically it ruled that the legality of war was irrelevant to the issue at hand.

The case against him fell apart when after the trial started the MJ refused to accept the stipulation he signed which the prosecution offered into evidence because Watada was pleading not guilty and the stipulation he agreed to said he was. At that point the prosecution requested a mistrial instead of calling witnesses to prove he was ordered to deploy and refused. The defense objected but it was granted. When they tried him again the defense objected claiming it was double jeopardy. The Judge agreed and dismissed all charges from the first trial including missing movement leaving only the 2 charges of conduct unbecoming. The prosecution then appealed the decision.

I suspect Obama dropped it because he believed the government wasn’t going to win. Eventually a deal was brokered where instead of trying Watada on conduct unbecoming an officer he agreed to separation with a general discharge.

What strikes me bizarre is that the Watada and New cases clearly demonstrated that Lakin was not going to be able to mount the defense he wanted. These were pretty high profile cases and I would think Lakin, if not his civilian atty, would have been aware of them. He have to be pretty stupid if he actually thought he could bring Obama into his court martial.

Even if he thought it would give him standing to get to the Supreme Court, he’s not thinking very clearly. They only accept cases that have gone to CAAF and I doubt CAAF would be willing to hear such a open and shut case so Lakin’s going to be SOL.

Also, even if he doesn’t get jail time, states revoke the medical licenses of anyone convicted of a felony. A conviction of missing a movement is considered a felony and I’m sure will see him lose his medical license.

Both the Board & any appeals court will rule Obama’s birth certificate is irrelevant

what Board? Oh you mean the panel. Well it's not up to them. It's up to the military judge presiding over the Court Martial. They are not even supposed to hear any arguments on the subject of the legality of the orders.

In fact, as an O-5, Lakin has obtained the HIGHEST rank a military officer can attain without Congressional approval.”

According to Army Regulation 600–8–29, section 1-11 a) :

"Promotions to the grade of major and above must be confirmed by the Senate (10 USC 624 [c]).

10 USC 624(c)

Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain, in the case of officers of the Army, Air Force, or Marine Corps, or lieutenant (junior grade) or lieutenant, in the case of officers of the Navy, shall be made by the President alone.

Thus 0-3 is the highest an officer on the regular list, which is what this section is about, can obtain without senate approval.

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