Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan

FoxNews.com ^ | 12/15/2010 | Staff

[OldDeckHand]

A military jury has convicted an Army doctor who disobeyed orders to deploy to Afghanistan because he questions President Obama's eligibility for office.

[FS11]

To: Mr Rogers

You don’t get it ms Rogers. Your Obama will one day be found to be in violation of the US Constitution.

214 posted on Wednesday, December 15, 2010 6:47:54 PM by Red Steel

---

Don’t be too hard on rogers. He is intellectually challenged, you know.

We should thank rogers for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for Rogers, the taxed to the max legal “scholar.” Let’s see if he can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html

[Mr Rogers]

Would you care to explain why the Framers wrote “natural born citizen” instead of “born of two citizen parents”? Were they stupid? Or did they have a different intent that what you want?

[OldDeckHand]

"And I don’t care if his father was a citizen of India or the Bahamas here on a student visa, he doesn’t fit the Founders’ core intents.

Could Obama apply for and get Kenyan citizenship today ?"

You do realize that you are then excluding every Jewish American from becoming President or Vice President, applying your scenario to its logical conclusion, right.

You should familiarize yourself with the Israeli law known as the "right of return". American Jewish children can claim Israeli citizenship under this law. And, any American parent who holds duel Israeli/American citizenship (and there are hundreds of thousands) also passes citizenship to their American child - even if that child was born in the US and has NEVER been to Israel.

American citizenship - any kind of citizenship - is not encumbered or modified by the laws of any other country - ever.

[presently no screen name]

It is people like you that want that part of our constitution destroyed forever so that anyone can hold the office.

I agree and/OR they are truly incapable of understanding what is a natural born citizen and how/why it's a requirement for president. If you ever want the worse info - Mr Rogers will provide it.

[Mr Rogers]

“Not on the missing movement. Lakin pleaded not guilty.”

He admitted orders were legal, and expressed regret for not obeying them. He merely argued he was not ordered to be on that particular flight.

[FS11]

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects

191 posted on Wednesday, December 15, 2010 6:06:50 PM by Mr Rogers

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We’re still waiting, rogers ole boy. Kind of slow-witted aren’t you, rogers ole boy?

Why don’t you man up, rogers ole boy, and admit that you are wrong and not knowledgeable enough of the law, any law, to answer any of my questions or refute any of my legal arguments?

Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html

[usmcobra]

It shows a person born in the US of TWO alien parents is still a NBC

and you have the audacity to say my reading skills are flawed...

it says that the child of two alien parents has the same citizenship rights as a Natural Bord child of US citizens.

Not that a child of two aliens is a Natural Born Citizen, from the beginning of our nation and in our very first congress a natural born citizen has always been defined as one born to two US citizens but our founding fathers went further than that as well they said a natural Born Citizen could be born to Naturalized Citizens as well.

It's a shame that your perverse view of our laws doesn't merit the same treatment as the ramblings of sexual deviates in this forum.

[Red Steel]

The prosecution/government brought up Lakin’s motive front and center to the court, which they used to convict him on the missing movement that he pled not guilty. It is part of the court record. It is irrelevant that the defense omitted it. It is now fair game for Lakin to use it that Obama is not a natural born citizen in any appeal.

[ops33]

Missing a troop movement, very serious offense, Uniformed Code of Military Conduct (UCMJ) Article 97

. ART. 87. MISSING MOVEMENT
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct

[PA-RIVER]

So... America had no right to quash his British Citizenship and Kenyan Citizenship? Sounds right. Nor his Indonesian citizenship, nor his hatred for America. He’s entitled.

I think your on to something.... keep going.

[Sibre Fan]

News Update: ‘Birther’ reverses course, says he would deploy [Terrence Lakin]
http://www.freerepublic.com/focus/f-news/2643262/posts

[Drew68]

It is now fair game for Lakin to use it that Obama is not a natural born citizen in any appeal.

If Lakin is wise, he'll refrain from accepting the expert legal advice offered by birthers on this matter.

[Red Steel]

Lakin can argue both in his appeal the technicality and that Obama was not a natural born citizen.

[usmcobra]

The prosecution/government brought up Lakin’s motive front and center to the court, which they used to convict him on the missing movement that he pled not guilty. It is part of the court record. It is irrelevant that the defense omitted it.

The defense was prevented from using it by Judge Lind's orders, had Lakin been able to use it as the prosecution did he probably would have pleaded not guilty from the beginning.

[Red Steel]

was not a natural born citizen = is not a natural born citizen

[Mr Rogers]

“II. The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called “ligealty,” “obedience,” “faith,” or “power” of the King. The principle embraced all persons born within the King’s allegiance and subject to his protection. Such allegiance and protection were mutual — as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem — and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King’s dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King...

...By the common law of England, every person born within the dominions of the Crown, no matter whether of English or of foreign parents, and, in the latter case, whether the parents were settled or merely temporarily sojourning, in the country, was an English subject, save only the children of foreign ambassadors (who were excepted because their fathers carried their own nationality with them), or a child born to a foreigner during the hostile occupation of any part of the territories of England. No effect appears to have been given to descent as a source of nationality.”

Is that too much for you to digest?

One sentence only: “Children, born in England, of such aliens were therefore natural-born subjects.”

Now, why did the Framers use NBC and not “born of citizen parents”? Four words to make it say what you want, versus three that mean something else. Why?

[usmcobra]

As our resident anti-birther expert commentator how do you feel about the prosecution using evidence the defense was ordered not to use in their defense...

[OldDeckHand]

"The prosecution/government brought up Lakin’s motive front and center to the court, which they used to convict him on the missing movement that he pled not guilty."

Obviously, I don't have access to the trial record, but that is highly unlikely. Motive is not an element of Art. 87. What the government is required to proof is that he missed it either through design or neglect - not why he was negligent or why he designed to miss it, just that he did.

However, the "why" is something that the prosecution can explore as an aggravating factor at sentencing. Are you sure that this isn't where this evidence was introduced?

Lakin could argue that the MJ was wrong when she allowed this testimony at sentencing. Of course, such an assertion wouldn't have any chance of prevailing on appeal because the government would be clearly within the boundaries established by MCM to raise such motivation at sentencing.

But, the "why" he did it with respect to the finding of guilty, is wholly irrelevant to the appellate court.

[usmcobra]

So what you are telling me is that centuries old English law trumps what our founding fathers wrote during the first Congress and in the Constitution...

[STARWISE]

AND WKA was not about the CIC!

You can’t make it something it is not.
Of course, silver-tongued devils and lawyers
will continue to make that reach.