Posted on 08/11/2010 11:00:30 AM PDT by traumer
An insubordinate Army doctor has been charged with disobeying orders after failing to show up for duty in Afghanistan and questioning whether President Barack Obama has the right to order him there. Lt. Col. Terrence Lakin, birther and insubordinate soldier headed for court martial
Lt. Col. Terrence Lakin, birther and insubordinate soldier headed for court martial
Lt. Col. Terrence Lakin is scheduled to be arraigned Friday at Fort Belvoir, VA and in all likelihood will either be sentenced to detention and/or given a dishonorable discharge from the military.
Lakin will be charged under Article 92 and 86, Uniform Code of Military Justice which states - Under Article 92, Any person subject to this chapter who:
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or...
shall be punished as a court-martial may direct.
Under Article 86, UCMJ. Any member of the armed forces who, without authority -
(1) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
I hope Lakin gets both jail time and a dishonorable discharge. From the video he posted on YouTube, it looks like he will have a short court martial as it seems he will just plead guilty. Hopefully he will expeditiously sentenced to jail time and a dishonorable discharge.
Lakin is from Greeley, Colorado and was ordered to go to Afghanistan. He did not report to Fort Campbell, KY
(Excerpt) Read more at sfgate.com ...
Well Said!!!
And how did ordering Lakin to report to brigade commander's office or report for duty with the 101st exceed the authority of Colonel Roberts, Colonel McHugh or Lieutenant Colonel Judd?
If the CONPLAN or OPLAN that called for Lakin’s deployment was authorized by somebody other than Joe Biden or the SecDef Joe Biden appointed, then it is contrary to the Constitution, and the orders all down the chain of command are contaminated.
Which is ridiculous because the vice-president does not have the authority to appoint the Secretary of Defense or authorize troop movements.
Count on that!
The oath of office is just one of the 2 Constitutional requirements before a president - who becomes Presiden at noon on Jan 20th automatically - can be given the presidential powers or be allowed to “act as President”. The other Constitutional requirement is that he “qualify” by Jan 20th.
We know Obama did not qualify by Jan 20, 2009 because his BC is amended and means nothing until the BC is presented as evidence to a judicial or administrative person or body and is determined to be probative. Because his BC is amended (as the HDOH has confirmed), there is a special procedure it has to go through before it means anything legally.
The “birther” lawsuits gave Obama a chance to present the BC as evidence and have his birth facts legally established. But he refused to do that, even though the deadline to do so was Jan 20, 2009.
Because Obama “failed to qualify” by Jan 20, 2009, the 20th Amendment would demand that the Vice President Elect (Joe Biden) “act as President” until a President qualifies.
I didn’t watch the inauguration, but I just heard recently that Justice Stevens (?) muttered under his breath after swearing in Joe Biden, “Congratulations, Mr President”. I wonder if anybody has the unedited clip of that, so that can be confirmed. If so, that strongly suggests that SCOTUS knows that Joe Biden is the only person who the Constitution allows to act as the Commander-in-Chief, giving orders to the US military.
And Joe Biden did not approve of the surge.
Somebody also said that Joe Biden sighed and gave a long pause before swearing to uphold and defend the US Constitution. He also knows that Obama cannot Constitutionally “act as President”.
Why did these guys go along with Obama illegally using presidential powers? I strongly suspect it is the same reason that GW Bush said the entire Western World would be destroyed if TARP was not passed (even though we went quite a while after those statements without TARP and were fine so it was not because of the NATURAL CONSEQUENCES of TARP not being passed): whoever made the electronic run on the bank that one day and set off a panic told the people in power in the federal government that if they resisted Obama’s coup there would be another run on the bank that really WOULD end the Western world.
I know that sounds crazy, but the more I see the more I really do think that’s what happened. But that’s the subject for another day I guess.
Lakin is not charged with disobeying Obama's orders but the orders of three of his immediate superiors. Are you saying that their orders were illegal? Why?
The Vice President elect as of Jan 20th has the power according to the 20th Amendment.
The one who DOESN’T have the power is a President elect who “failed to qualify” by Jan 20th, and we know that is Obama because his Hawaii BC even now means nothing legally, according to Hawaii law.
See http://butterdezillion.wordpress.com/2010/08/09/the-summary-cnn-doesnt-want-you-to-see/
All officers have their authority from the commander-in-chief. In this case that would be the usurper Obama.
He was ordered to deploy to Afghanistan, starting by reporting to X & Y. The whole order is together. And the order to deploy was probably a result of Obama’s presidential order authorizing the surge. If that presidential order was “contrary to the Constitution”, then there was no Constitutionally-valid order for the brigade commanders to implement. To deploy somebody without authorization from the OPLAN would be “acting beyond their authority”.
I am pretty sure that chief justice Roberts swore Obama in. Did he commit a crime?
So every order given by every officer in every branch of service since January 20, 2009 has been illegal? Including any orders given by Lakin himself?
"Hawaii State Health Director Dr. Chiyome Fukino previously issued statements saying that Governor Lingle has seen vital records that prove Obama was born in Hawaii and is a natural-born American citizen.""
And the leftist loons can't seem to get their lying "facts" straight about this. Lingle did not say she saw Obama's "vital records".
"For Immediate Release: October 31, 2008
08-93
STATEMENT BY DR. CHIYOME FUKINO
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai‘i.” "
-end snip-
http://hawaii.gov/health/about/pr/2008/08-93.pdf
of course they want this over quickly...hate to have to keep it going and have the truth finally come out...heaven forbid!
Reporting to his brigade commander's office started his deployment to Afghanistan? Suppose Colonel Roberts had ordered him to take the duty over a weekend at Walter Reed, would that order been illegal too?
To deploy somebody without authorization from the OPLAN would be “acting beyond their authority”.
Colonel Roberts and Lieutenant Colonel Judd did not order Lakin to go to Afghanistan. They ordered him to report to his brigade commander.
Orders are assumed to be lawful. The burden on proving them otherwise rests on the one who refuses. And the one who refuses needs evidence - it doesn’t suffice to say, “I didn’t feel good about them...”
Even if it was found that Obama was born in Mongolia, the deployment order would still be lawful. In like manner, the Obamacare abomination would still be the law, even tho an ineligible President signed it.
If someone is found to hold office illegally, it does not void all they did while in office.
Of course, I’m one of those “ex-laterine commandos” - don’t know what a laterine is, and I never saw one on my many deployments, but I have no use for someone who refuses to deploy for combat. None.
Every order given by Obama is. However, his orders has to be challenged and not many are going to do that in this political climate but for the very few.
If the order had been contrary to the OPLAN, the position wouldn’t exist in JOPES to be filled, nor would there be funding to make it possible. The war in Afghanistan is not about Obama.
Only if the president-elect had died or failed to qualify. The month before the Electoral College had certified that Obama had received 365 electoral votes, 95 more than needed to win the election. He qualified.
This is an excellent reason for discovery to be allowed. Of course, really, all Lakin has to do is cite the Supreme Court's definition of natural born to prove that Obama is not Constitutionally qualified and therefore not the legal president.
Has it been illegal for Lakin to receive pay since 20 Jan 2009?
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