LTC Lakin's Appeal Denied

U.S. Army Court of Criminal Appeals ^ | 10/12/10 | Clerk of the Court

[BuckeyeTexan]

On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.

[matthew fuller]

"If you choose to disagree, then I invite you to find documented proof to present, which invalidates the above. "

I choose to agree.

[PA-RIVER]

Oh, believe me, I know his wins count.

I have relatives that are now unemployd because of his policies. Trust me, I know all to well that people cant get their houses and jobs, careers and families back together if Obama is removed. Its history, the SOB won.

[OneWingedShark]

>I did the same when I was young, but as one ages, one develops a different perspective on why things are the way they are. What seemed like an insufferable affront back when often loses its sting and perceived urgency in later light.

Agreed. It is probably a good thing that I tend to be one of those guys who has wonderful “comebacks” appear in-head after the situation’s become rather moot; combined with my tendency to avoid conflict it probably kept me out of a *lot* of trouble.

>The military is full of young people. Their nature is to chafe against its rigidity.

Agreed, somewhat; though this isn’t what the incident illustrated. What the particular incident illustrated is an NCO’s demand of respect w/o giving any in return. If EVERY member of the military is sworn to uphold and defend the Constitution then doesn’t it stand to reason that EVERY member in the military should also have a clear understanding of what the Constitution is, says, and is about?

It would be morally equivalent to a sergeant telling a subordinate to shut up if he were to bring up an honest question about what to do during a certain set of circumstances. Like, for example, asking for clarification on two contradictory objectives; is it more desirable/important to catch bin Laden [alive] OR to cripple his organization?

[Mr Rogers]

If you wish me to kiss your butt, then I ought at least to thank you for keeping it exposed above your collar...but I have no desire to kiss someone who lies.

[PA-RIVER]

Thanks Red.

Everything we need to learn, we learn when we are children.

When we see Al Gore parade around and harp about global warming, we can remember the story of Chicken Little crying about the sky falling. We know Al Gore is an Idiot. He is chicken little.

When we see a Obama dodge all requests to show any records, we can remember the King with no cloths. Every man in the kingdom saw his cloths and remarked how beautiful they were... until a little boy stood up and said he's naked. It was too obvious to deny the boys truth.

Right now, obama is the king with no cloths. His Mothers passport did it for me. He's the president who gave up his US citizenship. Yet all the brilliant minds tell us he didn't. But there stands the naked document from his own Mothers hand telling us he did.

[Mr Rogers]

“The real Nut is the one calling people nuts who think Obama still has or had an Indonesian citizenship. “

You are entitled to your opinions, but not your own facts.

---

“A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

1. appear in person before a U.S. consular or diplomatic officer,
2. in a foreign country (normally at a U.S. Embassy or Consulate); and
3. sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES

...A person who wants to renounce U.S. citizenship cannot decide to retain some of the privileges of citizenship, as this would be logically inconsistent with the concept of renunciation. Thus, such a person can be said to lack a full understanding of renouncing citizenship and/or lack the necessary intent to renounce citizenship, and the Department of State will not approve a loss of citizenship in such instances...

...F. RENUNCIATION FOR MINOR CHILDREN

Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under Section 349(a)(5) of the INA, a person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.

...(Section 351(b) of the INA provides that an applicant who renounced his or her U.S. citizenship before the age of eighteen can have that citizenship reinstated if he or she makes that desire known to the Department of State within six months after attaining the age of eighteen...

http://www.travel.state.gov/law/citizenship/citizenship_776.html

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:

1. is naturalized in a foreign country;
2. takes a routine oath of allegiance to a foreign state;
3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

http://www.travel.state.gov/law/citizenship/citizenship_778.html

Sorry to bother birthers with facts.

[PA-RIVER]

No Mr. Rogers, like a fool, it is you that believes the lies from the snake in the white house who cant reveal any of his his records without fear of impeachment. You, swallowing his lies whole like a naive little school boy.

I see Kissing my butt is still much above your station. Why dont you just shine my shoes for now? You do know how to do that?

[Red Steel]

To much info has come out to ignore this any further. One of these people has stated numerous times that it would not matter if Obama was found to be illegal, that Lakin should still face Levin Worth. To me, that is disgusting. Absolutely filthy and disgusting.

I read a book a long time ago about a Naval aviator flying an A-6 Intruder during the Vietnam war who was tired of bombing inconsequential rice paddies. He wanted to make a difference. The A-6 driver had a buddy in "Schemes and Dreams" which is another name for the Intelligence Section. His bud feed him a target that would mean something to bomb. The most meaningful target in North Vietnam was the seat of the Communist government. He then planned his attack on the Commie government. On the night planned, he deviated from his usual empty rice paddy bombing mission to go 'Route Pack 5 or 6' to Downtown Hanoi. He successfully dodged the SAMs and AAA to bomb the N.V. Politburo or their rubber stamped one party legislature.

To shorten the story, his unauthorized freelanced bombing mission was soon exposed and he faced court martial.

In the middle of his court martial, it was announced that Operation Linebacker II was underway to bomb Hanoi which would be the hardest hitting bombing campaign of the North Vietnam War. Under the circumstances, the point became moot to court martial the officer. The charges were summarily dropped and he was free to go on with his career. The point is, if Obama is ever declared ineligible, Lakin will be vindicated, and all legal actions against will him be set aside one way or the other.

[PA-RIVER]

Sorry to bother you with facts, he was a dual citizen, not just a US citizen. A kenyan can become an Indonesian citizen.

So, Tell us about Kenyan law and dual citizenship, Indonesian law, Indonesian citizenship, and Islamic communist dirtbags that run for president that cant produce any documents, and people that defend them. Give us the synopsis on that. I'll keep an open mind Mr. Rogers.

[Red Steel]

You are entitled to your opinions, but not your own facts.

Those "facts" do not prove your point.

[PA-RIVER]

I think poor Mr. Rogers is having difficulty finding his Kenyan law book on citizenship. I do hope he gets back to us soon. I'm concerned that he may have hurt himself. He's usually back with such smart answers by now.

[Red Steel]

He’s like a bad rash that won’t go away. We should see him soon again copying & pasting Wong Kim Ark when he is in doubt and say, see, he’s a natural born citizen!

[PA-RIVER]

Mr. Roger, are you there? Are you feeling well?

I do hope my posts aren't spoiling your myopic view of the world. Its such a shame to see someone wake only to find they are lost. It can be so unsettling. So cruel.

[Katarina]

Thank you for all the things you are sharing on this. I really appreciate it.

[Katarina]

Starwise, thank you so much. This is fantastic information. I feel hope for the first time in months about this.Thank God for this new team I am very impressed.

[Red Steel]

Thanks. That has been out there for about a month, but it makes things easier to get the message out when seeing it in black and white. :-)

[PA-RIVER]

I'm afraid Mr. Rogers has found his Kenyan law book allows for a Kenyan boy to give up his Kenyan citizenship for Indonesian citizenship, without any concern for American law. Poor chap. But at least his head has benefited from some clean air. We can be thankful for that.

[Red Steel]

Ms. Rogers could be scouring the known Obot after-Birther sites for latest in Obot “enlightenment.”

[STARWISE]

We pray for our blessed country.
This is a mighty struggle.
Good vs evil, truly.

[PA-RIVER]

The “No Doc” President.

Its just like the “No Doc” Mortgage.

Both are Garbage.

AIG and the USA are both finding out the hard way, by going bankrupt.